Example ContractsClausestermination for disabilityVariants
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Termination Upon Disability. In the event that the Board of Directors determines that the Executive is unable to perform his duties hereunder by reason of any disability or incapacity (due to any physical or mental injury, illness or defect) for an aggregate of 180 days in any consecutive 12-month period, the Company shall have the right to terminate Executive’s employment hereunder within 30 days after the 180th day of his disability or incapacity by giving Executive notice to such effect at least 10 days prior to the date 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 basis of convincing evidence presented in at least two medical opinions rendered by reputable physicians with experience in diagnosing and treating the condition described in the opinion.

Termination Upon Disability. In the event thatIncapacity. If the Board of Directors determines in good faith that the Executive is unablehas suffered an Incapacity (as defined below), the Company can terminate the Executive’s employment with the Company and the Period of Employment on at least 15 days’ written notice (so long as the Executive has not returned to perform hisfull-time performance of the Executive’s duties hereunder by reasonwithin that period). For purposes of this Agreement, “Incapacity” means any disabilitymental or incapacity (due to any physical or mental injury, illness or defect)disability that renders the Executive incapable of performing the Executive’s duties, even with a reasonable accommodation, for an aggregate of 180 daysmore than 12 consecutive weeks in any consecutive 12-twelve-month period, the Company shall have the right to terminate Executive’s employment hereunder within 30 days after the 180th dayunless a longer period is required by law. The date of his disability or incapacity by giving Executive notice to such effect at least 10 days prior toIncapacity will be the date of termination set forth in such notice, and on such date such employment shall terminate. Thewhich the Board of Directors’ determination shall be made after due inquiry,declares the Incapacity on the basis of convincing evidence presented in at least two medical opinions rendered by reputable physicians with experience in diagnosing and treating the conditiongrounds described in the opinion.above.

TerminationDisability. Upon Disability. In the event that the Boardfailure of Directors determines that the Executive is unable to perform his duties hereunder by reasonrender services to the Company for a continuous period of any disabilitysix (6) months or incapacity (due to anyfor more than one hundred eighty (180) days within a calendar year because of the Executive’s physical or mental injury,disability or illness or defect) for an aggregate of 180 days in any consecutive 12-month period,(“Disability”), the Company shall havemay terminate the right to terminate Executive’s employment hereunder within 30 days afterhereunder, provided such termination does not otherwise violate applicable law. If there should be a dispute between the 180th day of his disability or incapacity by giving Executive notice to such effect at least 10 days priorparties as to the date of termination set forth inExecutive’s physical or mental disability, such notice, and on such date such employment shall terminate. The Board of Directors’ determinationdispute shall be made after due inquiry,settled by the opinion of an impartial reputable physician agreed upon for 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 basis of convincing evidence presented in at least two medical opinions rendered by reputable physicians with experience in diagnosing and treating the condition described in the opinion.parties.

Termination Upon Disability. InIf, due to physical or mental illness, Executive shall be disabled so as to be unable to perform substantially all of his duties and responsibilities hereunder, which disability lasts for more than an uninterrupted period of at least 180 days or a total of at least 240 days in any calendar year (as determined by the event thatopinion of an independent physician selected by the Board of Directors determines thatof the Company), Employer, acting through its Board of Directors, may designate another executive to act in his place without further liability under this Agreement except for those benefits offered Executive is unable to perform his duties hereunder by reason of any disability or incapacity (duepursuant to any physical or mental injury, illness or defect) for an aggregatelong-term disability plans of 180 days in any consecutive 12-month period, the Company shall have the right to terminate Executive’s employment hereunder within 30 days after the 180th day of his disability or incapacity by giving Executive notice to such effect at least 10 days prior to the date 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 basis of convincing evidence presented in at least two medical opinions rendered by reputable physicians with experience in diagnosing and treating the condition described in the opinion.Employer.

Termination Upon#Termination for Death or Disability. InIf Executive’s employment is terminated due to death or permanent disability where the event that the Board of Directors determines that theCompany makes a determination in good faith that, due to a mental or physical incapacity, Executive ishas been unable to perform his duties hereunder by reasonunder this Agreement for a period of any disabilitynot less than three (3) consecutive months or incapacity (due to any physical or mental injury, illness or defect) for an aggregate of 18090 days in the aggregate in any consecutive 12-month period, Executive shall receive the Company shall have the right to terminate Executive’s employment hereunder within 30 days after the 180th day of his disability or incapacity by giving Executive notice to such effect at least 10 days prior to the date 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 basis of convincing evidence presented in at least two medical opinions rendered by reputable physicians with experience in diagnosing and treating the condition described in the opinion.following:

Termination Upon Disability. InIf, as a result of the event that the Board of Directors determines that the Executive is unableExecutive’s incapacity due to perform his duties hereunder by reason of any disability or incapacity (due to any physical or mental injury, illnessillness, the Executive shall have been unable, with or defect) for an aggregate of 180 days in any consecutive 12-month period,without a reasonable accommodation, to perform the Executive’s duties with the Company shall have the right to terminate Executive’s employment hereunderon 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 180th day of his disability or incapacity by givingCompany, the Executive notice to such effect at least 10 days priorshall not have returned to the datefull time performance of termination set forth in such notice, and on such date suchthe Executive’s duties, the Company may terminate the Executive’s employment shall terminate. The Board of Directors’ determination shall be made after due inquiry, on the basis of convincing evidence presented in at least two medical opinions rendered by reputable physicians with experience in diagnosing and treating the condition described in the opinion.forDisability”.

Termination UponDeath or Disability. InThe Executive's employment shall terminate automatically upon the eventExecutive's death during the Employment Period. If the Company determines in good faith that the BoardDisability of Directors determines that the Executive is unablehas occurred during the Employment Period (pursuant to perform his duties hereunder by reasonthe definition of any disability or incapacity (dueDisability set forth below), it may give to any physical or mental injury, illness or defect) for an aggregatethe Executive written notice in accordance with [Section 12(b)] of 180 days in any consecutive 12-month period,this Agreement of its intention to terminate the Executive's employment. In such event, the Executive's employment with the Company shall haveterminate effective on the right to terminate Executive’s employment hereunder30th day after receipt of such notice by the Executive (the "Disability Effective Date"), provided that, within the 30 days after such receipt, the 180th dayExecutive shall not have returned to full‑time performance of his disabilitythe Executive's duties. For purposes of this Agreement, "Disability" shall mean the absence of the Executive from the Executive's duties with the Company on a full‑time basis for 180 consecutive business days as a result of incapacity due to mental or incapacityphysical illness which is determined to be total and permanent by giving Executive notice to such effect at least 10 days priora physician selected by the Company or its insurers and acceptable to the date of termination set forth in such notice, and on such date such employment shall terminate. The Board of Directors’ determination shallExecutive or the Executive's legal representative (such agreement as to acceptability not to be made after due inquiry, on the basis of convincing evidence presented in at least two medical opinions rendered by reputable physicians with experience in diagnosing and treating the condition described in the opinion.unreasonably withheld, delayed or conditioned).

Termination UponDeath or Disability. Executive’s employment (and this Agreement) shall terminate automatically upon the death of Executive, and may be terminated by the Company upon written notice to Executive of termination of his employment due to Disability (which shall also constitute a termination of this Agreement). As used herein, “Disability” shall mean the inability of Executive to perform his material duties hereunder due to a physical or mental incapacity for 180 days (including weekends and holidays) in any 365-day period, with reasonable accommodations if required by applicable state and federal disability laws. To the extent necessary, the existence of a Disability shall be determined by an independent physician selected by the Executive and reasonably acceptable to Company. In the event that the Board of Directors determines that the Executive is unabletermination of Executive’s employment due to perform his duties hereunder by reason of any disabilitydeath or incapacity (due to any physical or mental injury, illness or defect) for an aggregate of 180 days in any consecutive 12-month period,Disability, the Company shall havepay to Executive (or to his qualified personal representative in the right to terminate Executive’s employment hereunder within 30 days after the 180th dayevent of his disability or incapacity by giving Executive notice to such effect at least 10 days prior todeath during the Term) all compensation, benefits and reimbursable expenses accrued through the effective date of termination set forth in such notice,or as required by law, and on such date such employment shall terminate. The Boardcomply with the terms of Directors’ determination shall be made after due inquiry, onany applicable benefits plans and agreements between the basis of convincing evidence presented in at least two medical opinions rendered by reputable physicians with experience in diagnosingCompany and treating the condition described in the opinion.Executive.

Termination Upon Disability. InIf, as a result of the event that the Board of Directors determines that the Executive is unableExecutive’s incapacity due to perform his duties hereunder by reason of any disability or incapacity (due to any physical or mental injury, illness or defect) for an aggregate of 180 days in any consecutive 12-month period,illness, # the Executive shall have been absent from his duties with the Company on a full-time basis for nine (9) months and # within thirty (30) days after such nine (9) month period a “Notice of Termination” (as defined in [Section 3(f)]) is given by the Company to the Executive and # thereafter the Executive shall not have returned to the right to terminatefull-time performance of the Executive’s employment hereunder within 30 days afterduties, the 180th day of his disability or incapacity by giving Executive notice to such effect at least 10 days prior to the date 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 basis of convincing evidence presented in at least two medical opinions rendered by reputable physicians with experience in diagnosing and treating the condition described in the opinion.Company may terminate this Agreement forDisability”.

Termination Upon Death or Disability. InThe Executive’s employment shall automatically terminate upon the event thatdeath of the BoardExecutive and may be terminated by the Company upon the Disability of Directors determinesthe Executive. For purposes of this [Section 3], the Executive shall be deemed Disabled (and termination of the Executive’s employment shall be deemed to be due to such “Disability”) if an independent medical doctor (selected by the Company’s applicable health or disability insurer) certifies that the Executive is unablehas, for a cumulative period of more than one hundred twenty (120) days during any 365-day period, been disabled in a manner which seriously interferes with the Executive’s ability to perform his duties hereunder by reasonthe essential functions of any disability or incapacity (due to any physical or mental injury, illness or defect) for an aggregate of 180 days in any consecutive 12-month period, the Company shall have the right to terminate Executive’Executive’s employment hereunder within 30 days after the 180th day of his disability or incapacity by giving Executive notice to such effect at least 10 days priorjob even with a reasonable accommodation to the dateextent required by law. Any refusal by the Executive to submit to a medical examination for the purpose of termination set forth in such notice, and on such date such employment shall terminate. The Board of Directors’ determinationcertifying Disability shall be made after due inquiry, ondeemed conclusively to constitute evidence of the basis of convincing evidence presented in at least two medical opinions rendered by reputable physicians with experience in diagnosing and treating the condition described in the opinion.Executive’s Disability.

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