Example ContractsClausesperformance of executive’s dutiesVariants
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If, as a result of the Executive’s incapacity due to physical or mental illness, the Executive shall have been unable, with or without a reasonable accommodation, to perform the Executive’s duties with the Company on a full time basis for six months and if, within 30 days after a Notice of Termination (as defined in [subparagraph 2(f)]) is thereafter given by the Company, the Executive shall not have returned to the full time performance of the Executive’s duties, the Company may terminate the Executive’s employment for “Disability”.

Disability. If, as a result of the Executive’s incapacity due to physical or mental illness, # the Executive shall have been unable, with or without a reasonable accommodation, to perform the Executive’sabsent from his duties with the Company on a full full-time basis for sixnine (9) months and if,# within 30thirty (30) days after such nine (9) month period a Notice“Notice of TerminationTermination” (as defined in [subparagraph 2(Section 3(f)]) is thereafter given by the Company,Company to the Executive and # thereafter the Executive shall not have returned to the full full-time performance of the Executive’s duties, the Company may terminate the Executive’s employmentthis Agreement for “Disability”.

Disability. If, as a result of the Executive’Executive's incapacity due to physical or mental illness, the Executivehe shall have been unable, with or without a reasonable accommodation, to perform the Executive’sabsent from his duties with the CompanyCorporation on a full full-time basis for six (6) months and if, within 30thirty (30) days after a Noticewritten notice of Termination (as defined in [subparagraph 2(f)])termination is thereafter given by the Company, the Executivehe shall not have returned to the full full-time performance of the Executive’shis duties, the CompanyCorporation may terminate the Executive’s employmentAgreement for Disability”."Disability."

If,Disability of Executive. If Executive shall have been absent from the full-time performance of Executive’s duties with Company for 180 business days during any twelve-month period as a result of the Executive’Executive’s incapacity due to accident, physical or mental illness, or other circumstance which renders him mentally or physically incapable of performing the duties and services required of him hereunder on a full-time basis as determined by Executive’s physician (“Disability”), Executive’s employment may be terminated by Company for Disability. If Executive’s employment is terminated for Disability, in addition to accrued but unpaid Base Compensation and payment for the value of any accrued, unused paid time off then-existing as of the Date of Termination, Executive shall have been unable, with or without a reasonable accommodation,be eligible to performreceive the Executive’s duties with the Company on a full time basis for six months and if, within 30 days after a Notice of Termination (asWithout Cause Separation Package defined in [subparagraph 2(f)]) is thereafter given by the Company, the Executive shall not have returned to the full time performance of the Executive’s duties, the Company may terminate the Executive’s employment for “DisabilitySection 5(d)(i).

If, as a result ofIncapacity. If the Board determines in good faith that the Executive has suffered an Incapacity (as defined below), the Company can terminate the Executive’s incapacity due to physical or mental illness, the Executive shall have been unable, with or without a reasonable accommodation, to perform the Executive’s dutiesemployment with the Company and the Period of Employment on a full time basis for six months and if, within 30 days after a Notice of Termination (as defined in [subparagraph 2(f)]) is thereafter given by the Company,at least 15 days’ written notice (so long as the Executive shallhas not have returned to the full full-time performance of the Executive’s duties,duties within that period). For purposes of this Agreement, “Incapacity” means any mental or physical illness or disability that renders the Company may terminateExecutive incapable of performing the Executive’s employmentduties, even with a reasonable accommodation, for Disability”.more than 12 consecutive weeks in any twelve-month period, unless a longer period is required by law. The date of Incapacity will be the date on which the Board declares the Incapacity on the grounds described above.

If, asDisability. Upon the failure of the Executive to render services to the Company for a resultcontinuous period of six (6) months or for more than one hundred eighty (180) days within a calendar year because of the Executive’s incapacity due to physical or mental illness, the Executive shall have been unable, withdisability or without a reasonable accommodation, to perform the Executive’s duties with the Company on a full time basis for six months and if, within 30 days after a Notice of Termination (as defined in [subparagraph 2(f)]illness (“Disability) is thereafter given by the Company, the Executive shall not have returned to the full time performance of the Executive’s duties,, the Company may terminate the Executive’s employment hereunder, provided such termination does not otherwise violate applicable law. If there should be a dispute between the parties as to the Executive’s physical or mental disability, such dispute shall be settled by the opinion of an impartial reputable physician agreed upon for Disability”.such purpose by the parties or their representatives. The certificate of such physician as to the matter in dispute shall be final and binding on the parties.

If,For purposes of this Agreement, “Disability” shall be deemed to exist if, as a result of the Executive’s incapacity due to physical or mental illness, the Executive shall have been unable, with or without a reasonable accommodation, to perform the Executive’sabsent from his duties with the Company onfor a full time basis forperiod of six months and if, within 30 days after a Notice of Termination (as defined in [subparagraph 2(f)]) is thereafter given by the Company, the Executive shall not have returned to the full time performance of the Executive’s duties, the Company may terminate the Executive’s employment for “Disability”.(6) months.

If, as a resultTermination Upon Disability. In the event that the Board of Directors determines that the Executive’sExecutive is unable to perform his duties hereunder by reason of any disability or incapacity due(due to any physical or mental illness,injury, illness or defect) for an aggregate of 180 days in any consecutive 12-month period, the ExecutiveCompany shall have been unable, with or without a reasonable accommodation,the right to perform theterminate Executive’s duties with the Company on a full time basis for six months and if,employment hereunder within 30 days after a Noticethe 180th day of Termination (as defined in [subparagraph 2(f)]) is thereafter givenhis disability or incapacity by the Company, thegiving Executive shall not have returnednotice to such effect at least 10 days prior to the full time performancedate of termination set forth in such notice, and on such date such employment shall terminate. The Board of Directors’ determination shall be made after due inquiry, on the Executive’s duties,basis of convincing evidence presented in at least two medical opinions rendered by reputable physicians with experience in diagnosing and treating the Company may terminatecondition described in the Executive’s employment for “Disability”.opinion.

If, asFor purposes of this Agreement, a resultDisability” shall occur in the event Executive is unable to perform the duties and responsibilities contemplated under this Agreement for a period of the Executive’s incapacityeither # 90 consecutive days or # six months in any 12-month period due to physical or mental illness, theincapacity or impairment. During any period that Executive fails to perform Executive’s duties hereunder as a result of incapacity or impairment due to physical or mental illness (the “Disability Period”), Executive shall have been unable, withcontinue to receive the compensation and benefits provided by Section 3 of this Agreement until Executive’s employment hereunder is terminated; provided, however, that the amount of base compensation and benefits received by Executive during the Disability Period shall be reduced by the aggregate amounts, if any, payable to Executive under any disability benefit plan or without a reasonable accommodation,program provided to perform the Executive’s duties withExecutive by the Company on a full time basis for six months and if, within 30 days after a Noticein respect of Termination (as defined in [subparagraph 2(f)]) is thereafter given by the Company, the Executive shall not have returned to the full time performance of the Executive’s duties, the Company may terminate the Executive’s employment for “Disability”.such period.

If,Disability. The Company may terminate Executive’s employment for Disability by giving Executive 30 days’ advance notice in writing. For all purposes under this Agreement, “Disability” shall mean that Executive, at the time notice is given, has been unable to substantially perform her duties under this Agreement for a period of not less than six (6) consecutive months as athe result of the Executive’sher incapacity due to physical or mental illness,illness. In the event that Executive resumes the performance of substantially all of her duties hereunder before the termination of her employment under this subparagraph # becomes effective, the notice of termination shall automatically be deemed to have been unable, withrevoked. No compensation or withoutbenefits will be paid or provided to Executive under this Agreement on account of termination for Disability, or for periods following the date when such a reasonable accommodation, to performtermination of employment is effective. Executive’s rights under the Executive’s duties withbenefit plans of the Company on a full time basis for six months and if, within 30 days after a Noticeshall be determined under the provisions of Termination (as defined in [subparagraph 2(f)]) is thereafter given by the Company, the Executive shall not have returned to the full time performance of the Executive’s duties, the Company may terminate the Executive’s employment for “Disability”.those plans.

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