Disability, Death. The Company may terminate the employment of the Employee prior to the end of the Term of this Agreement if the Employee has been unable to perform his duties hereunder or a similar job for a continuous period of six (6) months due to a physical or mental condition that, in the opinion of a licensed physician, will be of indefinite duration or is without a reasonable probability of recovery for a period of at least six (6) months. The Employee agrees to submit to an examination by a licensed physician chosen by the Company in order to obtain such opinion, at the request of the Company, made after the Employee has been absent from his place of employment for at least six (6) months. The Company shall pay for any requested examination. However, this provision does not abrogate either the Company’s or the Employee’s rights and obligations pursuant to the Family and Medical Leave Act of 1993, and a termination of employment under this [Section 4C] shall not be deemed to be a termination for cause.
Disability,Termination for Cause, Disability or Death. TheDuring the term of this Agreement, the Company mayshall be entitled to terminate the Employee's employment at any time upon the "Disability" of the Employee prioror for "Cause" upon notice to the endEmployee. The Employee's employment hereunder shall automatically terminate upon the death of the TermEmployee. For purposes of this Agreement if the Employee has been unable to perform his duties hereunder or a similar job for a continuous period of six (6) months due toAgreement, "Disability" shall mean a physical or mental condition that,sickness or any injury which renders the Employee incapable of performing the essential functions of Employee's job (with or without reasonable accommodations) and which does or may be expected to continue for more than 4 months during any 12‑month period. In the event Employee shall be able to perform the essential functions of Employee's job (with or without reasonable accommodations) following a period of Disability, and does so perform such duties, or such other duties as are prescribed by the President and CEO of the Company or such other person whom Employee reports to as provided in the opinion of a licensed physician, will be of indefinite duration or is without a reasonable probability of recovery[section 3] above, for a period of at least six (6) months.three continuous months, any subsequent period of Disability shall be regarded as a new period of Disability for purposes of this Agreement. The Company and the Employee agreesshall determine the existence of a Disability and the date upon which it occurred. In the event of a dispute regarding whether or when a Disability occurred, the matter shall be referred to submit to an examination by a licensed physician chosenmedical doctor selected by the Company in orderand the Employee. In the event of their failure to obtainagree upon such opinion, ata medical doctor, the request of the Company, made afterCompany and the Employee has been absent from his place of employment for at least six (6) months. The Company shall pay for any requested examination. However, this provision does not abrogate eithereach select a medical doctor who together shall select a third medical doctor who shall make the Company’s ordetermination. Such determination shall be conclusive and binding upon the Employee’s rights and obligations pursuant to the Family and Medical Leave Act of 1993, and a termination of employment under this [Section 4C] shall not be deemed to be a termination for cause.parties hereto.
Disability, Death.Disability. The Company may terminate Employee’s employment hereunder if: # as a result of Employee’s incapacity due to physical or mental illness, Employee shall have been absent from his duties hereunder for a period of 120 consecutive days or a total of 180 days during any 365-day period and is unable to perform the employmentessential duties of the job with or without a reasonable accommodation; and # if within ten (10) days after written notice of termination is given by the Company to Employee prior to(which may occur at or after the end of such period), Employee shall not have returned to the Termperformance of this Agreement if thehis duties hereunder on a full-time basis. During any period that Employee has been unablefails to perform his duties hereunder oras a similar job for a continuous periodresult of six (6) monthsincapacity due to a physical or mental condition that,illness (the “Disability Period”), Employee shall continue to receive his Base Salary as set forth in [Section 3(a)] of this Agreement until his employment is terminated pursuant to this [Section 4(e)], provided that payments so made to Employee during the opinion of a licensed physician, willDisability Period shall be of indefinite duration or is without a reasonable probability of recovery for a period of at least six (6) months. The Employee agrees to submit to an examination by a licensed physician chosenreduced by the Company in order to obtain such opinion, at the requestsum of the Company, made afteramounts, if any, payable to Employee under disability benefit plans of the Employee has been absent from his place of employment for at least six (6) months. The Company shall pay for any requested examination. However, this provision does not abrogate either the Company’s or the Employee’s rights and obligations pursuant to the Family and Medical Leave Act of 1993, and a termination of employment under this [Section 4C] shall not be deemed to be a termination for cause.Company.
Disability, Death.Disability. The Company may terminate theEmployee’s employment hereunder if: # as a result of the Employee prior to the end of the Term of this Agreement if the Employee has been unable to perform his duties hereunder or a similar job for a continuous period of six (6) monthsEmployee’s incapacity due to a physical or mental condition that, in the opinion of a licensed physician, will be of indefinite duration or is without a reasonable probability of recoveryillness, Employee shall have been absent from their duties hereunder for a period of at least six (6) months. The Employee agrees120 consecutive days or a total of 180 days during any 365-day period and is unable to submit to an examination byperform the essential duties of the job with or without a licensed physician chosenreasonable accommodation; and # if within ten (10) days after written notice of termination is given by the Company to Employee (which may occur at or after the end of such period), Employee shall not have returned to the performance of their duties hereunder on a full-time basis. During any period that Employee fails to perform their duties hereunder as a result of incapacity due to physical or mental illness (the “Disability Period”), Employee shall continue to receive their Base Salary as set forth in order[Section 3(a)] of this Agreement until their employment is terminated pursuant to obtain such opinion, atthis [Section 4(d)], provided that payments so made to Employee during the requestDisability Period shall be reduced by the sum of the Company, made afteramounts, if any, payable to Employee under disability benefit plans of the Employee has been absent from his place of employment for at least six (6) months. The Company shall pay for any requested examination. However, this provision does not abrogate either the Company’s or the Employee’s rights and obligations pursuant to the Family and Medical Leave Act of 1993, and a termination of employment under this [Section 4C] shall not be deemed to be a termination for cause.Company.
Disability, Death. The Company may terminate the employment of the Employee prior to the end of the Term of this Agreement ifDisability. “Disability” means the Employee has been unable to perform his or her Company duties hereunderas the result of his or a similar job for a continuous period of six (6) monthsher incapacity due to a physical or mental condition that, in the opinion of a licensed physician, will be of indefinite duration or is without a reasonable probability of recovery for a period ofillness, and such inability, at least twenty-six (6) months. The Employee agrees(26) weeks after its commencement or 180 days in any consecutive twelve (12) month period, is determined to submit to an examinationbe total and permanent by a licensed physician chosenselected by the Company in orderor its insurers and acceptable to obtain such opinion, at the request of the Company, made after the Employee has been absent from his place of employment for at least six (6) months. The Company shall pay for any requested examination. However, this provision does not abrogate either the Company’s or the Employee’s rights and obligations pursuantlegal representative (such agreement as to acceptability not to be unreasonably withheld). Termination resulting from Disability may only be effected after at least thirty (30) days’ written notice by the Family and Medical Leave ActCompany of 1993, and aits intention to terminate the Employee’s employment. In the event that the Employee resumes the performance of substantially all of his or her duties hereunder before the termination of his or her employment under this [Section 4C] shall notbecomes effective, the notice of intent to terminate will automatically be deemed to be a termination for cause.have been revoked.
Disability, Death.Disability. The Company may terminate theEmployee’s employment hereunder if: # as a result of the Employee prior to the end of the Term of this Agreement if the Employee has been unable to perform his duties hereunder or a similar job for a continuous period of six (6) monthsEmployee’s incapacity due to a physical or mental condition that, in the opinion of a licensed physician, will be of indefinite duration or is without a reasonable probability of recoveryillness, Employee shall have been absent from their duties hereunder for a period of at least six (6) months. The Employee agrees120 consecutive days or a total of 180 days during any 365-day period and is unable to submit to an examination byperform the essential duties of the job with or without a licensed physician chosenreasonable accommodation; and # if within ten (10) days after written notice of termination is given by the Company to Employee (which may occur at or after the end of such period), Employee shall not have returned to the performance of their duties hereunder on a full-time basis. During any period that Employee fails to perform their duties hereunder as a result of incapacity due to physical or mental illness (the “Disability Period”), Employee shall continue to receive their Base Salary as set forth in order[Section 3(a)] of this Agreement until their employment is terminated pursuant to obtain such opinion, atthis [Section 4(d)], provided that payments so made to Employee during the requestDisability Period shall be reduced by the sum of the Company, made afteramounts, if any, payable to Employee under disability benefit plans of the Employee has been absent from his place of employment for at least six (6) months. The Company shall pay for any requested examination. However, this provision does not abrogate either the Company’s or the Employee’s rights and obligations pursuant to the Family and Medical Leave Act of 1993, and a termination of employment under this [Section 4C] shall not be deemed to be a termination for cause.Company.
Disability, Death. The Company or Employee may terminate Employees employment at any time during the employmentTerm because of the Employee prior to the endDisability of the Term of this Agreement if the Employee has been unable to perform his duties hereunder or a similar job for a continuous period of six (6) months due toEmployee. Disability shall mean a physical or mental condition that, in the opinion of a licensed physician, will be of indefinite duration or is without a reasonable probability of recoverywhich has prevented Employee from substantially performing his duties under Employees Agreement for a period of at least six (6) months. The180 days and which is expected to continue to render Employee agreesunable to submit to an examination bysubstantially perform his duties for the remaining Term of this Agreement on a licensed physician chosen by the Company in order to obtain such opinion, at the request of the Company, made after the Employee has been absent from his place of employment for at least six (6) months.full-time basis. The Company shall paywill make reasonable accommodation for any requested examination. However, this provision does not abrogate either the Company’s or the Employee’s rights and obligations pursuant to the Family and Medical Leave Acthandicap of 1993, and a termination of employment under this [Section 4C] shall notEmployee as may be deemed to be a termination for cause.required by applicable law.
Disability, Death.Death or Disability. The Employee’s employment with the Company maywill terminate immediately upon the employmentdeath or Disability of the Employee prior to the end of the Term(“Death or Disability Termination”). The term “Disability” for purposes of this Agreement # shall have the same meaning as is given to such term (or correlative term) in the Employee’s Company disability insurance policy or # if there shall be no such disability insurance policy in place, the term “Disability” for purposes of this Agreement shall mean the inability of the Employee has been unable to perform histhe Employee’s essential duties hereunder or a similar job for a continuous period of six (6) months due to a physical or mental condition that, in the opinion of a licensed physician, will be of indefinite duration or is without a reasonable probability of recoveryand responsibilities under this Agreement for a period of at leastninety (90) consecutive days during any twelve (12) month period by reason of the Employee’s mental or physical disability, which disability shall be certified in writing by a doctor approved by the Company. In such event, the Employee shall be provided six (6) months. The Employee agreesmonths’ severance pay following termination in continuance according to submit to an examination by a licensed physician chosen by the Company in order to obtain such opinion, at the request of the Company, made after the Employee has been absent from his place of employment for at least six (6) months. The Company shall pay for any requested examination. However, this provision does not abrogate either the Company’s or the Employee’s rights and obligations pursuant to the Family and Medical Leave Act of 1993, and a termination of employment under this [Section 4C] shall not be deemed to be a termination for cause.standard payroll practices.
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