Disability. The Company may terminate the Executives employment if he is disabled and unable to perform the essential functions of the Executives then existing position or positions under this Agreement with or without reasonable accommodation for a period of 180 days (which need not be consecutive) in any 12-month period. If any question shall arise as to whether during any period the Executive is disabled so as to be unable to perform the essential functions of the Executives then-existing position or positions with or without reasonable accommodation, the Executive may, and at the request of the Company shall, submit to the Company a certification in reasonable detail by a physician selected by the Company to whom the Executive or the Executives guardian has no reasonable objection as to whether the Executive is so disabled or how long such disability is expected to continue, and such certification shall for the purposes of this Agreement be conclusive of the issue. The Executive shall cooperate with any reasonable request of the physician in connection with such certification. If such question shall arise and the Executive shall fail to submit such certification, the Companys determination of such issue shall be binding on the Executive. Nothing in this [Section 3(b)] shall be construed to waive the Executives rights, if any, under existing law including, without limitation, the Family and Medical Leave Act of 1993, 29 U.S.C. §2601 et seq. and the Americans with Disabilities Act, 42 U.S.C. §12101 et seq.
Disability. The Company may terminate the Executives employment if he is disabled and unable to perform the essential functions of the Executives then existing position or positions under this Agreement with or without reasonable accommodation for a period of 180 days (which need not be consecutive) in any 12-month period. If any question shall arise as to whether during any period the Executive is disabled so as to be unable to perform the essential functions of the Executives then-existing position or positions with or without reasonable accommodation, the Executive may, and at the request of the Company shall, submit to the Company a certification in reasonable detail by a physician selected by the Company to whom the Executive or the Executives guardian has no reasonable objection as to whether the Executive is so disabled or how long such disability is expected to continue, and such certification shall for the purposes of this Agreement be conclusive of the issue. The Executive shall cooperate with any reasonable request of the physician in connection with such certification. If such question shall arise and the Executive shall fail to submit such certification, the Companys determination of such issue shall be binding on the Executive. Nothing in this [Section 3(b)] shall be construed to waive the Executives rights, if any, under existing law including, without limitation, the Family and Medical Leave Act of 1993, 29 U.S.C. §2601 et seq. and the Americans with Disabilities Act, 42 U.S.C. §12101 et seq.
Disability. The Company may terminate the ExecutiveExecutive’s employment if hethe Executive is disabled and unable to perform the essential functions of the ExecutiveExecutive’s then existing position or positions under this Agreement with or without reasonable accommodation for a period of 180 days (which need not be consecutive) in any 12-month period. If any question shall arise as to whether during any period the Executive is disabled so as to be unable to perform the essential functions of the ExecutiveExecutive’s then-then existing position or positions with or without reasonable accommodation, the Executive may, and at the request of the Company shall, submit to the Company a certification in reasonable detail by a physician selected by the Company to whom the Executive or the ExecutiveExecutive’s guardian hasshall have no reasonable objection as to whether the Executive is so disabled or how long such disability is expected to continue, and such certification shall for the purposes of this Agreement be conclusive of the issue. The Executive shall cooperate with any reasonable request of the physician in connection with such certification. If such question shall arise and the Executive shall fail to submit such certification, the CompanyCompany’s determination of such issue shall be binding on the Executive. Nothing in this [Section 3(b)d)] shall be construed to waive the ExecutiveExecutive’s rights, if any, under existing law including, without limitation, the Family and Medical Leave Act of 1993, 29 U.S.C. §2601 et seq. and the Americans with Disabilities Act, 42 U.S.C. §12101 et seq.
Disability. The Company may terminate the ExecutiveExecutive’s employment if hethe Executive is disabled and unable to perform or expected to be unable to perform the essential functions of the ExecutiveExecutive’s then existing position or positions under this Agreement with or without reasonable accommodation for a period of 180 days (which need not be consecutive) in any 12-month period. If any question shall arise as to whether during any period the Executive is disabled so as to be unable to perform the essential functions of the ExecutiveExecutive’s then-then existing position or positions with or without reasonable accommodation, the Executive may, and at the request of the Company shall, submit to the Company a certification in reasonable detail by a physician selected by the Company to whom the Executive or the ExecutiveExecutive’s guardian has no reasonable objection as to whether the Executive is so disabled or how long such disability is expected to continue, and such certification shall for the purposes of this Agreement be conclusive of the issue. The Executive shall cooperate with any reasonable request of the physician in connection with such certification. If such question shall arise and the Executive shall fail to submit such certification, the Companys determination of such issue shall be binding on the Executive. Nothing in this [Section 3(b)] shall be construed to waive the Executives rights, if any, under existing law including, without limitation, the Family and Medical Leave Act of 1993, 29 U.S.C. §2601 et seq. and the Americans with Disabilities Act, 42 U.S.C. §12101 et seq.
Disability. The Company may terminate the ExecutiveExecutive’s employment if he is disabled and unable to performupon the essential functions of the ExecutiveExecutive’s then existing position or positions under this Agreement with or without reasonable accommodation for a period of 180 days (which need not be consecutive) in any 12-month period.Permanent Disability. If any question shall arise as to whether during any period the Executive is disabledhas a Permanent Disability so as to be unable to perform the essential functions of the ExecutiveExecutive’s then-then existing position or positions with or without reasonable accommodation, the Executive may, and at the request of the Company shall, submit to the Company a certification in reasonable detail by a physician selected by the Company to whom the Executive or the ExecutiveExecutive’s guardian has no reasonable objection as to whether the Executive is so disabled or how long such disability is expected to continue, and such certification shall for the purposes of this Agreement be conclusive of the issue. The Executive shall cooperate with any reasonable request of the physician in connection with such certification. If such question shall arise and the Executive shall fail to submit such certification, the CompanyCompany’s determination of such issue shall be binding on the Executive. Nothing in this [Section 3(b)] shall be construed to waive the ExecutiveExecutive’s rights, if any, under existing law including, without limitation, the Family and Medical Leave Act of 1993, 29 U.S.C. §2601 et seq. and the Americans with Disabilities Act, 42 U.S.C. §12101 et seq.
Disability. The Company may terminate the Executives employment upon notice to the Executive if hethe Executive becomes subject to a Disability. For purposes of this Agreement, Disability means the Executive is disabled and unable to perform the essential functions of the Executives then existing position or positions under this Agreementhis position, with or without a reasonable accommodationaccommodation, for a period of 90 consecutive calendar days or 180 non-consecutive calendar days (which need not be consecutive) inwithin any 12-rolling 12 month period. If any question shall arise as to whether during any period the Executive is disabled so as to be unable to perform the essential functions of the Executives then-existing position or positions with or without reasonable accommodation, the Executive may, and at the request of the Company shall, submit to the Company a certification in reasonable detail by a physician selected by the Company to whom the Executive or the Executives guardian has no reasonable objection as to whether the Executive is so disabled or how long such disability is expected to continue, and such certification shall for the purposes of this Agreement be conclusive of the issue. The Executive shall cooperate with any reasonable request of the physician in connection with such certification. If such question shall arise and the Executive shall fail to submit such certification, the Companys determination of such issue shall be binding on the Executive. Nothing in this [Section 3(b)] shall be construed to waive the Executives rights, if any, under existing law including, without limitation, the Family and Medical Leave Act of 1993, 29 U.S.C. §2601 et seq. and the Americans with Disabilities Act, 42 U.S.C. §12101 et seq.
Disability. The Company may terminate the Executives employment if he is disabled and unable to perform the essential functions of the Executives then existing position or positions under this Agreement with or without reasonable accommodation for a period of 180 days (which need not be consecutive) in any 12-month period. If any question shall arise as to whether during any period the Executive is disabledhas a Disability so as to be unable to perform the essential functions of the ExecutiveExecutive’s then-then existing position or positions with or without reasonable accommodation, the Executive may, and at the request of the Company shall, submit to the Company a certification in reasonable detail by a physician selected by the Company to whom the Executive or the ExecutiveExecutive’s guardian has no reasonable objection as to whether the Executive is so disabled or how long such disability is expected to continue, and such certification shall for the purposes of this Agreement be conclusive of the issue. The Executive shall cooperate with any reasonable request of the physician in connection with such certification. If such question shall arise and the Executive shall fail to submit such certification, the CompanyCompany’s determination of such issue shall be binding on the Executive. Nothing in this [Section 3(b)]herein shall be construed to waive the ExecutiveExecutive’s rights, if any, under existing law including, without limitation,including the Family and Medical Leave Act of 1993, 29 U.S.C. §2601 et seq. and the Americans with Disabilities Act, 42 U.S.C. §12101 et seq.
Disability. TheIn the event that, during the term of this Agreement the Executive shall be prevented from performing his essential functions hereunder to the full extent required by the Company may terminateby reason of Disability (as defined below), this Agreement and the ExecutiveExecutive’s employment if he is disabled and unablewith the Company shall automatically terminate. The Company’s obligation to perform the essential functions of the Executives then existing position or positions under this Agreement with or without reasonable accommodation for a period of 180 days (which need not be consecutive) in any 12-month period. If any question shall arise as to whether during any period the Executive is disabled so as tounder such circumstances shall be unable to performthose set forth in [Section 6] regarding severance compensation. For purposes of this Agreement, “Disability” shall mean a physical or mental disability that prevents the essential functions ofperformance by the Executives then-existing position or positionsExecutive, with or without reasonable accommodation, the Executive may, and at the requestof his essential functions hereunder for an aggregate of ninety (90) days or longer during any twelve (12) consecutive months. The determination of the Company shall, submitExecutive’s Disability shall be made by an independent physician who is reasonably acceptable to the Company a certification in reasonable detailand the Executive (or his representative), be final and binding on the parties hereto and be made taking into account such competent medical evidence as shall be presented to such independent physician by athe Executive and/or the Company or by any physician selectedor group of physicians or other competent medical experts employed by the Executive and/or the Company to whom the Executive or the Executives guardian has no reasonable objection as to whether the Executive is so disabled or how longadvise such disability is expected to continue, and such certification shall for the purposes of this Agreement be conclusive of the issue. The Executive shall cooperate with any reasonable request of the physician in connection with such certification. If such question shall arise and the Executive shall fail to submit such certification, the Companys determination of such issue shall be binding on the Executive. Nothing in this [Section 3(b)] shall be construed to waive the Executives rights, if any, under existing law including, without limitation, the Family and Medical Leave Act of 1993, 29 U.S.C. §2601 et seq. and the Americans with Disabilities Act, 42 U.S.C. §12101 et seq.independent physician.
Disability. TheIn the event that, during the term of this Agreement the Executive shall be prevented from performing his essential functions hereunder to the full extent required by the Company mayby reason of Disability (as defined below), the Board shall be entitled to terminate this Agreement and the ExecutiveExecutive’s employment if he is disabled and unablehereunder. The Company’s obligation to perform the essential functions of the Executives then existing position or positions under this Agreement with or without reasonable accommodation for a period of 180 days (which need not be consecutive) in any 12-month period. If any question shall arise as to whether during any period the Executive is disabled so as tounder such circumstances shall be unable to performthose set forth in [Section 6] regarding severance compensation. For purposes of this Agreement, “Disability” shall mean a physical or mental disability that prevents the essential functions ofperformance by the Executives then-existing position or positionsExecutive, with or without reasonable accommodation, the Executive may, and at the requestof his essential functions hereunder for an aggregate of ninety (90) days or longer during any twelve (12) consecutive months. The determination of the Company shall, submitExecutive’s Disability shall be made by an independent physician who is reasonably acceptable to the Company a certification in reasonable detailand the Executive (or his representative), shall be final and binding on the parties hereto and shall be made taking into account such competent medical evidence as shall be presented to such independent physician by athe Executive and/or the Company or by any physician selectedor group of physicians or other competent medical experts employed by the Executive and/or the Company to whom the Executive or the Executives guardian has no reasonable objection as to whether the Executive is so disabled or how longadvise such disability is expected to continue, and such certification shall for the purposes of this Agreement be conclusive of the issue. The Executive shall cooperate with any reasonable request of the physician in connection with such certification. If such question shall arise and the Executive shall fail to submit such certification, the Companys determination of such issue shall be binding on the Executive. Nothing in this [Section 3(b)] shall be construed to waive the Executives rights, if any, under existing law including, without limitation, the Family and Medical Leave Act of 1993, 29 U.S.C. §2601 et seq. and the Americans with Disabilities Act, 42 U.S.C. §12101 et seq.independent physician.
Upon Death or Disability. The Executives employment shall automatically terminate upon the death of the Executive and may be terminated by the Company may terminateupon the Disability of the Executive. For purposes of this [Section 3], the Executive shall be deemed Disabled (and termination of the Executives employment shall be deemed to be due to such Disability) if he isan independent medical doctor (selected by the Companys applicable health or disability insurer) certifies that the Executive has, for a cumulative period of more than one hundred twenty (120) days during any 365-day period, been disabled and unablein a manner which seriously interferes with the Executives ability to perform the essential functions of the Executives then existing position or positions under this Agreementjob even with or withouta reasonable accommodation for a period of 180 days (which need not be consecutive) in any 12-month period. If any question shall arise as to whether during any periodthe extent required by law. Any refusal by the Executive is disabled so as to submit to a medical examination for the purpose of certifying Disability shall be unabledeemed conclusively to perform the essential functionsconstitute evidence of the Executives then-existing position or positions with or without reasonable accommodation, the Executive may, and at the request of the Company shall, submit to the Company a certification in reasonable detail by a physician selected by the Company to whom the Executive or the Executives guardian has no reasonable objection as to whether the Executive is so disabled or how long such disability is expected to continue, and such certification shall for the purposes of this Agreement be conclusive of the issue. The Executive shall cooperate with any reasonable request of the physician in connection with such certification. If such question shall arise and the Executive shall fail to submit such certification, the Companys determination of such issue shall be binding on the Executive. Nothing in this [Section 3(b)] shall be construed to waive the Executives rights, if any, under existing law including, without limitation, the Family and Medical Leave Act of 1993, 29 U.S.C. §2601 et seq. and the Americans with Disabilities Act, 42 U.S.C. §12101 et seq.Disability.
Disability. The Company may terminate“Disability” shall mean the ExecutiveExecutive’s employment if he is disabled and unableinability, due to mental or physical incapacity, to perform the essential functions of the ExecutiveExecutive’s then existing position or positions under this Agreement with or without reasonable accommodation for a period of 180 days (which need not be consecutive) in any 12-month period. If any question shall arise as to whether during any period the Executive is disabled so as to be unable to perform the essential functions of the Executives then-existing position or positionsjob, with or without reasonable accommodation, for 90 consecutive days or 180 days in any two-year period; provided, however, in the Executive may, and atevent that the requestCompany temporarily replaces the Executive, or transfers the Executive's duties or responsibilities to another individual on account of the Company shall, submitExecutive's inability to perform such duties due to a mental or physical incapacity which is, or is reasonably expected to become, a Disability, then the Company a certification in reasonable detail by a physician selectedExecutive's employment shall not be deemed terminated by the Company to whom the Executive or the Executives guardian has no reasonable objection as to whether the Executive is so disabled or how long such disability is expected to continue, and such certification shall for the purposes of this Agreement be conclusive of the issue. The Executive shall cooperate with any reasonable request of the physician in connection with such certification. If such question shall arise and the Executive shall failnot be able to submitresign with Good Reason as a result thereof. Any question as to the existence of the Executive's Disability as to which the Executive and the Company cannot agree shall be determined in writing by a qualified independent physician mutually acceptable to the Executive and the Company. If the Executive and the Company cannot agree as to a qualified independent physician, each shall appoint such certification, the Companysa physician and those two physicians shall select a third who shall make such determination in writing. The determination of such issueDisability made in writing to the Company and the Executive shall be binding on the Executive. Nothing infinal and conclusive for all purposes of this [Section 3(b)] shall be construed to waive the Executives rights, if any, under existing law including, without limitation, the Family and Medical Leave Act of 1993, 29 U.S.C. §2601 et seq. and the Americans with Disabilities Act, 42 U.S.C. §12101 et seq.Agreement.
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