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Definition of Disability. For purposes hereof, “Disability” has the meaning set forth under the long-term disability policy of the Company or a related entity to which Executive provides services regardless of whether Executive is covered by such policy. If the Company or the related entity to which Executive provides service does not have a long-term disability plan in place, “Disability” means that Executive is unable to carry out the responsibilities and functions of the position held by Executive by reason of any medically determinable physical or mental impairment for a period of not less than ninety (90) consecutive days. Executive will not be considered to have incurred a Disability unless Executive furnishes proof of such impairment sufficient to satisfy the Board in its discretion.

Definitionfor benefits, provided, however, if the long-term disability plan contains multiple definitions of Disability. For purposes hereof,disability,Disabilityshall refer to that definition of disability which, if Executive qualified for such disability benefits, would provide coverage for the longest period of time. The determination of whether Executive has a Disability shall be made by the meaning set forthperson or persons required to make disability determinations under the long-term disability policy ofplan. At any time the Company or a related entity to which Executive provides services regardless of whether Executive is covered by such policy. If the Company or the related entity to which Executive provides service does not havesponsor a long-term disability plan in place,for its employees,Disabilitymeans that Executive is unableshall mean Executive’s inability to carry outperform, with or without reasonable accommodation, the responsibilities andessential functions of Executive’s position hereunder for a total of three months during any six-month period as a result of incapacity due to mental or physical illness as determined by a physician selected by the position heldCompany or its insurers and acceptable to Executive or Executive’s legal representative, with such agreement as to acceptability not to be unreasonably withheld or delayed. Any refusal by Executive by reasonto submit to a medical examination for the purpose of any medically determinable physical or mental impairment for a perioddetermining Disability shall be deemed to constitute conclusive evidence of not less than ninety (90) consecutive days. Executive will not be considered to have incurred a Disability unless Executive furnishes proof of such impairment sufficient to satisfy the Board in its discretion.Executive’s Disability.

Definition of Disability.Disability”. For purposes hereof,of this Agreement,Disabilityhas the meaning set forth under the long-term disability policy of the Companyshall mean Executive’s incapacity or a related entityinability to which Executive provides services regardless of whether Executive is covered by such policy. If the Companyperform Executive’s duties and responsibilities as contemplated herein for one hundred twenty (120) days or the related entity to which Executive provides service does not have a long-term disability plan in place, “Disability” means that Executive is unable to carry out the responsibilities and functions of the position held by Executive by reason ofmore (cumulative or consecutive) within any medically determinablerolling twelve (12) month period, because Executive’s physical or mental impairmenthealth has become so impaired as to make it impossible or impractical for Executive to perform the duties and responsibilities contemplated hereunder. Determination of Executive’s physical or mental health shall be determined by Company after consultation with a period of not less than ninety (90) consecutive days.medical expert appointed by mutual agreement between Company and Executive will not be consideredwho has examined Executive. Executive hereby consents to have incurred a Disability unless Executive furnishes proof of such impairment sufficientexamination and consultation regarding Executive’s health and ability to satisfy the Board in its discretion.perform as aforesaid.

Definition of Disability. For purposes hereof, “Disability” hasDisability shall mean a condition: # which causes the meaning set forth under the long-term disability policy of the Company or a related entityExecutive to which Executive provides services regardless of whether Executive is covered by such policy. If the Company or the related entity to which Executive provides service does not have a long-term disability plan in place, “Disability” means that Executive isbe unable to carry out the responsibilities and functions of the position held by Executiveengage in any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to result in death or which can be expected to last for a continuous period of not less than twelve months; or # which results in the Executive receiving, by reason of any medically determinable physical or mental impairment which can be expected to result in death or which can be expected to last for a continuous period of not less than twelve months, income replacement benefits for a period of not less than ninety (90) consecutive days. Executive will notthree months under an accident and health plan covering employees of the Employer. Disability shall be considereddeemed to have incurred a Disability unless Executive furnishes proof of such impairment sufficientexist only when the disability has been certified to satisfy the Board in its discretion.of Directors of the Company by a licensed physician approved by the Board of Directors of the Company.

DefinitionDisability” shall mean a physical or mental condition of Disability. For purposes hereof, “Disability” has the meaning set forthExecutive that, in the good faith judgment of the Company, prevents the Executive from being able to perform the services required under this Agreement and that results in the Executive becoming eligible for long-term disability policy ofbenefits (if such benefits are provided by the CompanyCompany). If any dispute arises as to whether a Disability has occurred, or whether a related entity to which Executive provides services regardless of whetherDisability has ceased and the Executive is covered byable to resume duties, then such policy. Ifdispute shall be referred to a licensed physician, at the Companyrequest of either the Executive or the related entityCompany. The Executive shall submit to which Executive provides service does not have a long-term disability plan in place, “Disability” means that Executive is unablesuch examinations and provide information as such physician may request and the determination of such physician as to carry out the responsibilities and functions of the position held by Executive by reason of any medically determinableExecutive’s physical or mental impairment for a periodcondition shall be binding and conclusive on the parties. The Company shall pay the cost of not less than ninety (90) consecutive days. Executive will not be considered to have incurred a Disability unless Executive furnishes proof ofany such impairment sufficient to satisfy the Board in its discretion.physician and examination.

DefinitionDisability Defined. For the purposes of Disability. For purposes hereof,this Agreement, the Executive shall be deemed to have terminated his employment by reason ofDisability has, if it is determined by the meaning set forth undercarrier of the Company’s long-term disability policy ofthat the Company or a related entity to which Executive provides services regardless of whether Executiveexecutive has become disabled and is covered by such policy. If the Company or the related entity to which Executive provides service does not have aeligible for long-term disability plan in place, “Disability” means that Executive is unable to carry outpayments from the responsibilities and functions of the position held by Executive by reason of any medically determinable physical or mental impairment for a period of not less than ninety (90) consecutive days. Executive will not be considered to have incurred a Disability unless Executive furnishes proof of such impairment sufficient to satisfy the Board in its discretion.plan.

Definition of Disability. For purposes hereof, “DisabilityDisability has the meaning set forth undergiven in the long-term disability policy of the Company or a related entity to which Executive provides services regardless of whether Executive is covered by such policy. If the Company or the related entity to which Executive provides service does not have aCompany’s (or an Affiliate’s) long-term disability plan or policy (regardless of whether the you are covered thereby) or, if no such plan or policy is in place, then Disability” means the Company’s determination that Executive isyou have been unable to carry out the responsibilities and functions of the position held by Executive by reason of any medically substantially perform your duties, due to a medically-determinable physical or mental impairmentincapacity, for a period of not less than ninety (90)one-hundred eighty (180) consecutive days. Executive will not be considered to have incurred a Disability unless Executive furnishes proof of such impairment sufficient to satisfy the Board in its discretion.

DefinitionDisability. “Disability” means a physical or mental condition of Disability. For purposes hereof, “Disability” hasExecutive which totally and permanently prevents him from engaging in any occupation or employment for remuneration or profit except for the meaning set forth under the long-term disability policypurpose of the Company orrehabilitation not incompatible with a related entityfinding of total and permanent disability. The determination as to which Executive provides services regardless of whether Executive is covered by such policy. If the Company or the related entity to which Executive provides service does not have a long-totally and permanently disabled shall be made based solely on evidence that he is eligible for disability payments under an employee‑sponsored long‑term disability planprogram, if any such program is in place, “Disability” means that Executive is unable to carry out the responsibilities and functions of the position held by Executive by reason of any medically determinable physical or mental impairment for a period of not less than ninety (90) consecutive days. Executive will not be considered to have incurred a Disability unless Executive furnishes proof of such impairment sufficient to satisfy the Board in its discretion.effect.

Definition of Disability. For purposes hereof, “Disability” has the meaning set forth under the long-term disability policyDisability” means a condition of the Company or a related entity to which Executive provides services regardless of whetherwhereby the Executive is covered by such policy. If the Company or the related entity to which Executive provides service does not have a long-term disability plan in place, “Disability” means that Executiveeither: # is unable to carry out the responsibilities and functions of the position held by Executiveengage in any substantial gainful activity by reason of any medically determinable physical or mental impairment that can be expected to result in death or can be expected to last for a continuous period of not less than 12 months, or # is, by reason of any medically determinable physical or mental impairment that can be expected to result in death or can be expected to last for a continuous period of not less than 12 months, receiving income replacement benefits for a period of not less than ninety (90) consecutive days.three months under an accident and health plan covering employees of the Employer. The Administrator will determine whether the Executive has incurred a Disability based on its own good faith determination and may require the Executive to submit to reasonable physical and mental examinations for this purpose. The Executive will notalso be considereddeemed to have incurred a Disability unless Executive furnishes proofif determined to be totally disabled by the Social Security Administration or in accordance with a disability insurance program, provided that the definition of disability applied under such impairment sufficient to satisfydisability insurance program complies with the Board in its discretion.initial sentence of this Section.

DefinitionDisability Definition. For the purposes of Disability. For purposes hereof,this Agreement,Disabilityhasshall have the meaning set forth underin the Company’s then-current long-term disability policy ofbenefit program or, if no such program is then in effect, shall mean a permanent disability rendering Employee unable to perform his duties for the Company or a related entity to which Executive provides services regardless of whether Executive is covered by such policy. If the Company or the related entity to which Executive provides service does not have a long-term disability plan in place, “Disability” means that Executive is unable to carry out the responsibilities and functions of the position held by Executive by reason of any medically determinable physical or mental impairment for a period of not less than ninety (90) consecutive days. Executive will notdays or one hundred eighty (180) days in any twelve (12) month period, which determination shall be considered to have incurred a Disabilitymade after the period of disability, unless Executive furnishes proof of such impairment sufficient to satisfyan earlier determination can be made, by an independent physician appointed by the Board in its discretion.Board.

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