Death or Permanent Disability. Immediately upon death or Permanent Disability of the Executive. As used in this Agreement, “Permanent Disability” shall mean an inability due to a physical or mental impairment to perform the material services contemplated under this Agreement for a period of six (6) months, whether or not consecutive, during any 365-day period. A determination of Permanent Disability shall be made by a physician satisfactory to both the Executive and the Company, provided that if the Executive and the Company do not agree on a physician, the Executive and the Company shall each select a physician and these two together shall select a third physician, whose determination as to Permanent Disability shall be binding on all parties. The appointment of one or more individuals to carry out the offices or duties of the Executive during a period of the Executive’s inability to perform such duties and pending a determination of Permanent Disability shall not be considered a breach of this Agreement by the Company.
Appears in 14 contracts
Samples: Employment Agreement (American Financial Realty Trust), Employment Agreement (American Financial Realty Trust), Employment Agreement (American Financial Realty Trust)
Death or Permanent Disability. Immediately upon death Death or Permanent Disability of the Executive. As used in this Agreement, “"Permanent Disability” " shall mean an inability due to a physical or mental impairment to perform the material services contemplated under this Agreement for a period of six (6) months, whether or not consecutive, during any 365-day period. A determination of Permanent Disability shall be made by a physician satisfactory to both the Executive and the Company, provided that if the Executive and the Company do not agree on a physician, the Executive and the Company shall each select a physician and these two together shall select a third physician, whose determination as to Permanent Disability shall be binding on all parties. The appointment of one or more individuals to carry out the offices or duties of the Executive during a period of the Executive’s 's inability to perform such duties and pending a determination of Permanent Disability shall not be considered a breach of this Agreement by the Company.
Appears in 7 contracts
Samples: Employment Agreement (American Financial Realty Trust), Employment Agreement (American Financial Realty Trust), Employment Agreement (American Financial Realty Trust)
Death or Permanent Disability. Immediately upon death or Permanent Disability of the Executive. As used in this Agreement, “"Permanent Disability” " shall mean an inability due to a physical or mental impairment to perform the material services contemplated under this Agreement for a period of six (6) months, whether or not consecutive, during any 365-day period. A determination of Permanent Disability shall be made by a physician satisfactory to both the Executive and the Company, provided that if the Executive and the Company do not agree on a physician, the Executive and the Company shall each select a physician and these two together shall select a third physician, whose determination as to Permanent Disability shall be binding on all parties. The appointment of one or more individuals to carry out the offices or duties of the Executive during a period of the Executive’s 's inability to perform such duties and pending a determination of Permanent Disability shall not be considered a breach of this Agreement by the Company.
Appears in 7 contracts
Samples: Employment Agreement (American Financial Realty Trust), Employment Agreement (American Financial Realty Trust), Employment Agreement (American Financial Realty Trust)
Death or Permanent Disability. Immediately upon death or Permanent Disability of the Executive. As used in this Agreement, “Permanent Disability” shall mean an inability due to a physical or mental impairment to perform the material services contemplated under this Agreement for a period of six (6) months, whether or not consecutive, during any 365-day period. A determination of Permanent Disability shall be made by a physician satisfactory to both the Executive and the Company, provided that if the Executive and the Company do not agree on a physician, the Executive and the Company shall each select a physician and these two together shall select a third physician, whose determination as to Permanent Disability shall be binding on all parties, with the Company to bear all cost of securing such determination. The appointment of one or more individuals to carry out the offices or duties of the Executive during a period of the Executive’s inability to perform such duties and pending a determination of Permanent Disability shall not be considered a breach of this Agreement by the Company.
Appears in 6 contracts
Samples: Employment Agreement (GMH Communities Trust), Employment Agreement (GMH Communities Trust), Employment Agreement (GMH Communities Trust)
Death or Permanent Disability. Immediately upon death or a determination of Permanent Disability of the Executive. As used in this Agreement, “"Permanent Disability” " shall mean an inability due to a physical or mental impairment to perform the material services contemplated under this Agreement for a period of six (6) months, whether or not consecutive, during any 365-day period. A determination of Permanent Disability shall be made by a physician satisfactory to both the Executive and the Company, provided that if the Executive and the Company do not agree on a physician, the Executive and the Company shall each select a physician and these two together shall select a third physician, whose determination as to Permanent Disability shall be binding on all parties. The appointment of one or more individuals to carry out the offices or duties of the Executive during a period of the Executive’s 's inability to perform such duties and pending a determination of Permanent Disability shall not be considered a breach of this Agreement by the Company.
Appears in 4 contracts
Samples: Employment Agreement (Medical Properties Trust Inc), Employment Agreement (Medical Properties Trust Inc), Employment Agreement (Medical Properties Trust Inc)
Death or Permanent Disability. Immediately upon death or Permanent Disability of the Executive. As used in this Agreement, “"Permanent Disability” " shall mean an inability due to a physical or mental impairment to perform the material services contemplated under this Agreement for a period of six (6) months, whether or not consecutive, during any 365-day period. A determination of Permanent Disability shall be made by a physician satisfactory to both the Executive and the Company, provided that if the Executive and the Company do not agree on a physician, the Executive and the Company shall each select a physician and these two together shall select a third physician, whose determination as to Permanent Disability shall be binding on all parties, with the Company to bear all cost of securing such determination. The appointment of one or more individuals to carry out the offices or duties of the Executive during a period of the Executive’s 's inability to perform such duties and pending a determination of Permanent Disability shall not be considered a breach of this Agreement by the Company.
Appears in 3 contracts
Samples: Employment Agreement (GMH Communities Trust), Employment Agreement (GMH Communities Trust), Employment Agreement (GMH Communities Trust)
Death or Permanent Disability. Immediately upon death or a determination of Permanent Disability of the Executive. As used in this Amended and Restated Agreement, “"Permanent Disability” " shall mean an inability due to a physical or mental impairment to perform the material services contemplated under this Amended and Restated Agreement for a period of six (6) months, whether or not consecutive, during any 365-day period. A determination of Permanent Disability shall be made by a physician satisfactory to both the Executive and the Company, provided that if the Executive and the Company do not agree on a physician, the Executive and the Company shall each select a physician and these two together shall select a third physician, whose determination as to Permanent Disability shall be binding on all parties. The appointment of one or more individuals to carry out the offices or duties of the Executive during a period of the Executive’s 's inability to perform such duties and pending a determination of Permanent Disability shall not be considered a breach of this Amended and Restated Agreement by the Company.
Appears in 1 contract
Samples: Employment Agreement (Medical Properties Trust Inc)