Disability. For purposes of this Agreement, “Disability” shall mean Employee’s inability, due to physical or mental incapacity, to perform the essential functions of his job, with or without reasonable accommodation, for one hundred and twenty (120) days out of any three hundred sixty-five (365) day period or sixty (60) consecutive days. Any question as to the existence of Employee’s Disability as to which Employee and the Company cannot agree shall be determined in writing by a qualified independent physician mutually acceptable to Employee and the Company. If Employee and the Company cannot agree as to a qualified independent physician, each shall appoint such a physician and those two physicians shall select a third who shall make such determination in writing. The determination of Disability made in writing to the Company and Employee shall be final and conclusive for all purposes of this Agreement. Upon termination for Disability, the Employee shall be entitled to such payments and reimbursements as are described in Section 7.4.

Disability. For purposes of this Agreement, “Disability”“Disability” shall mean the Employee’s inability, due to physical or mental incapacity,illness or disability, to perform the essential functions of his job,employment with or withoutthe Employer, even with reasonable accommodation,accommodation that does not impose an undue hardship on the Employer, for one hundred and twenty (120) days out of any three hundred sixty-five (365) day period ormore than sixty (60) consecutive days. Any question asdays, or for any ninety (90) days within any one year period, unless a longer period is required by federal or state law, in which case such longer period will be applicable. The Employer reserves the right, in good faith, to the existence of Employee’s Disability as to which Employee and the Company cannot agree shall be determined in writing by a qualified independent physician mutually acceptable to Employee and the Company. If Employee and the Company cannot agree as to a qualified independent physician, each shall appoint such a physician and those two physicians shall select a third who shall make such determination in writing. Thethe determination of Disability made in writing to the Company and Employee shall be final and conclusive for all purposes ofunder this Agreement. Upon termination for Disability,Agreement based on information supplied by the Employee shall be entitled to such payments and reimbursementsand/or his medical personnel, as are described in Section 7.4.well as information from medical personnel selected by the Employer or its insurers.

Disability. For purposes“Disability” means the Employee has been unable to perform his or her Company duties as the result of this Agreement, “Disability” shall mean Employee’s inability,his or her incapacity due to physical or mental incapacity,illness, and such inability, at least twenty-six (26) weeks after its commencement or 180 days in any consecutive twelve (12) month period, is determined to performbe total and permanent by a physician selected by the essential functionsCompany or its insurers and acceptable to the Employee or the Employee’s legal 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 Company of its intention to terminate the Employee’s employment. In the event that the Employee resumes the performance of substantially all of his job, with or without reasonable accommodation, for one hundred and twenty (120) days outher duties hereunder before the termination of any three hundred sixty-five (365) day periodhis or sixty (60) consecutive days. Any question asher employment becomes effective, the notice of intent to the existence of Employee’s Disability asterminate will automatically be deemed to which Employee and the Company cannot agree shall be determined in writing by a qualified independent physician mutually acceptable to Employee and the Company. If Employee and the Company cannot agree as to a qualified independent physician, each shall appoint such a physician and those two physicians shall select a third who shall make such determination in writing. The determination of Disability made in writing to the Company and Employee shall be final and conclusive for all purposes of this Agreement. Upon termination for Disability, the Employee shall be entitled to such payments and reimbursements as are described in Section 7.4.have been revoked.

Disability. For purposes of this Agreement, “Disability” shall meanThe Company may terminate Employee’s inability,employment hereunder if: # as a result of Employee’s incapacity due to physical or mental incapacity,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 essential functionsduties of his job,the job with or without a reasonable accommodation, for one hundredaccommodation; and twenty (120)# if within ten (10) days outafter written notice of any three hundred sixty-five (365) day periodtermination is given by the Company to Employee (which may occur at or sixty (60) consecutive days. Any question asafter the end of such period), Employee shall not have returned to the existenceperformance of Employee’shis duties hereunder on a full-time basis. During any period that Employee fails to perform his duties hereunder as a result of incapacity due to physical or mental 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 Disability as to which Employee and the Company cannot agreePeriod shall be determined in writingreduced by a qualified independent physician mutually acceptablethe sum of the amounts, if any, payable to Employee andunder disability benefit plans of the Company. If Employee and the Company cannot agree as to a qualified independent physician, each shall appoint such a physician and those two physicians shall select a third who shall make such determination in writing. The determination of Disability made in writing to the Company and Employee shall be final and conclusive for all purposes of this Agreement. Upon termination for Disability, the Employee shall be entitled to such payments and reimbursements as are described in Section 7.4.

Disability. For purposes of this Agreement, “Disability” shall meanThe Company may terminate Employee’s inability,employment hereunder if: # as a result of Employee’s incapacity due to physical or mental incapacity,illness, Employee shall have been absent from their 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 essential functionsduties of his job,the job with or without a reasonable accommodation, for one hundredaccommodation; and twenty (120)# if within ten (10) days outafter written notice of any three hundred sixty-five (365) day periodtermination is given by the Company to Employee (which may occur at or sixty (60) consecutive days. Any question asafter the end of such period), Employee shall not have returned to the existenceperformance of Employee’stheir 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 Section 3(a) of this Agreement until their employment is terminated pursuant to this Section 4(d), provided that payments so made to Employee during the Disability as to which Employee and the Company cannot agreePeriod shall be determined in writingreduced by a qualified independent physician mutually acceptablethe sum of the amounts, if any, payable to Employee andunder disability benefit plans of the Company. If Employee and the Company cannot agree as to a qualified independent physician, each shall appoint such a physician and those two physicians shall select a third who shall make such determination in writing. The determination of Disability made in writing to the Company and Employee shall be final and conclusive for all purposes of this Agreement. Upon termination for Disability, the Employee shall be entitled to such payments and reimbursements as are described in Section 7.4.

Disability. For purposes of this Agreement, “Disability” shall meanThe Company may terminate Employee’s inability,employment hereunder if: # as a result of Employee’s incapacity due to physical or mental incapacity,illness, Employee shall have been absent from their 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 essential functionsduties of his job,the job with or without a reasonable accommodation, for one hundredaccommodation; and twenty (120)# if within ten (10) days outafter written notice of any three hundred sixty-five (365) day periodtermination is given by the Company to Employee (which may occur at or sixty (60) consecutive days. Any question asafter the end of such period), Employee shall not have returned to the existenceperformance of Employee’stheir 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 [Section 3(a)] of this Agreement until their employment is terminated pursuant to this [Section 4(d)], provided that payments so made to Employee during the Disability as to which Employee and the Company cannot agreePeriod shall be determined in writingreduced by a qualified independent physician mutually acceptablethe sum of the amounts, if any, payable to Employee andunder disability benefit plans of the Company. If Employee and the Company cannot agree as to a qualified independent physician, each shall appoint such a physician and those two physicians shall select a third who shall make such determination in writing. The determination of Disability made in writing to the Company and Employee shall be final and conclusive for all purposes of this Agreement. Upon termination for Disability, the Employee shall be entitled to such payments and reimbursements as are described in Section 7.4.

Disability. For purposes of this Agreement, “Disability”“Disability” shall mean the inability of the Employee to perform Employee’s inability, dueduties to ​ on account of physical or mental incapacity, to perform the essential functionsillness or incapacity for a period of his job, withone-hundred twenty (120) consecutive calendar days, or without reasonable accommodation, for a period of one hundred and twenty (120) days out ofeighty (180) calendar days, whether or not consecutive, during any three hundred sixty-five (365) day period or sixty (60) consecutive days. Any question as to the existence of Employee’s Disability as to which Employee and the Company cannot agree shall be determined in writing by a qualified independent physician mutually acceptable to Employee and the Company. If Employee and the Company cannot agree as to a qualified independent physician, each shall appoint such a physician and those two physicians shall select a third who shall make such determination in writing. The determination of Disability made in writing to the Company and Employee shall be final and conclusive for all purposes of this Agreement. Upon termination for Disability, the Employee shall be entitled to such payments and reimbursements as are described in Section 7.4.period.

Disability. For purposesThe Company or Employee may terminate Employee’s employment at any time during the Term because of this Agreement, “Disability”the Disability of Employee. “Disability” shall mean Employee’s inability, due toa physical or mental incapacity,condition which has prevented Employee from substantially performing his duties under Employee’s Agreement for a period of 180 days and which is expected to continue to render Employee unable to substantially perform his duties for the essential functions of his job, with or without reasonable accommodation, for one hundred and twenty (120) days out of any three hundred sixty-five (365) day period or sixty (60) consecutive days. Any question as to the existence of Employee’s Disability as to which Employee and the Company cannot agree shall be determined in writing by a qualified independent physician mutually acceptable to Employee and the Company. If Employee and the Company cannot agree as to a qualified independent physician, each shall appoint such a physician and those two physicians shall select a third who shall make such determination in writing. The determination of Disability made in writing to the Company and Employee shall be final and conclusive for all purposesremaining Term of this Agreement. Upon terminationAgreement on a full-time basis. The Company will make reasonable accommodation for Disability, theany handicap of Employee shallas may be entitled to such payments and reimbursements as are described in Section 7.4.required by applicable law.

Disability.Disability Definition. For the purposes of this Agreement, “Disability” shall have the meaning set forth in the Company’s then-current long-term disability benefit program or, if no such program is then in effect, shall mean Employee’s inability, due to physical or mental incapacity,a permanent disability rendering Employee unable to perform his duties for the essential functions of his job, withCompany for ninety (90) consecutive days or without reasonable accommodation, for one hundred and twenty (120)eighty (180) days out ofin any three hundred sixty-five (365) day period or sixty (60) consecutive days. Any question as to the existence of Employee’s Disability as totwelve (12) month period, which Employee and the Company cannot agreedetermination shall be determined in writingmade after the period of disability, unless an earlier determination can be made, by a qualifiedan independent physician mutually acceptable to Employee andappointed by the Company. If Employee and the Company cannot agree as to a qualified independent physician, each shall appoint such a physician and those two physicians shall select a third who shall make such determination in writing. The determination of Disability made in writing to the Company and Employee shall be final and conclusive for all purposes of this Agreement. Upon termination for Disability, the Employee shall be entitled to such payments and reimbursements as are described in Section 7.4.Board.

Disability. For purposes of this Agreement, “Disability”“disability” shall mean Employee’s inability, due toa physical or mental incapacity, to performincapacity that prevents the essential functionsEmployee from performing his duties for a period of his job, with or without reasonable accommodation, for one hundred and twenty (120) days out of any three hundred sixty-five (365) day period or sixty (60)eighty (180) consecutive days. Any question as to the existence of Employee’s Disability as to which Employee and the Company cannot agree shall be determined in writing by a qualified independent physician mutually acceptable to Employee and the Company. If Employee and the Company cannot agree as to a qualified independent physician, each shall appoint such a physician and those two physicians shall select a third who shall make such determination in writing. The determination of Disability made in writing to the Company and Employee shall be final and conclusive for all purposes of this Agreement. Upon termination for Disability, the Employee shall be entitled to such payments and reimbursements as are described in Section 7.4.