Common use of Definition of Disability Clause in Contracts

Definition of Disability. For purposes of this Agreement, “Disability” (and any of its forms) means that, for more than six consecutive months, the Executive is unable, with reasonable accommodation, to perform the duties described in Section 4.01 on a full-time basis due to a physical or mental disability or infirmity.

Appears in 17 contracts

Samples: Employment Agreement (Big Lots Inc), Employment Agreement (Big Lots Inc), Employment Agreement (Big Lots Inc)

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Definition of Disability. For purposes of this Agreementthese purposes, “Disability” (and any of its forms) Disability means that, for more than six consecutive months, the Executive is unable, with a reasonable accommodation, to perform the duties described in Section 4.01 on a full-time basis due to a physical or mental disability or infirmity.

Appears in 15 contracts

Samples: Executive Employment Agreement (DSW Inc.), Executive Employment Agreement (DSW Inc.), Executive Employment Agreement (DSW Inc.)

Definition of Disability. For purposes of As used in this Agreement, the term “Disability” means the failure of the Executive to render for six consecutive calendar months, or for shorter periods aggregating one hundred eighty or more business days in any twelve month period, the services contemplated by this Agreement which a physician selected by the Employer or its insurers (and any of its forms) means that, for more than six consecutive months, reasonably acceptable to the Executive or the Executive’s legal representative) determines is unable, with reasonable accommodation, to perform the duties described in Section 4.01 on a full-time basis due to a mental or physical illness or mental disability or infirmityinjury.

Appears in 13 contracts

Samples: Employment Agreement (Kforce Inc), Employment Agreement (Kforce Inc), Employment Agreement (Kforce Inc)

Definition of Disability. For purposes of this Agreement, “Disability” means an independent medical doctor (and any of its formsselected by the Company’s health or disability insurer) means thathas certified that the Executive has, for more than six (6) months consecutive months, or nonconsecutive in any 12 month period been disabled in a manner that seriously interferes with his/her ability to perform his/her responsibilities as an employee of the Company. Any refusal by the Executive is unable, with reasonable accommodation, to perform the duties described in Section 4.01 on a full-time basis due submit to a physical or mental medical examination for the purpose of certifying disability or infirmityshall be deemed to constitute conclusive evidence of the Executive’s disability.

Appears in 9 contracts

Samples: Change of Control/Severance Agreement, Change of Control/Severance Agreement (Waters Corp /De/), Change of Control/Severance Agreement (Waters Corp /De/)

Definition of Disability. For purposes of As used in this Agreement, the term "Disability" means the failure of the Executive to render for six consecutive calendar months, or for shorter periods aggregating one hundred eighty or more business days in any twelve month period, the services contemplated by this Agreement which a physician selected by the Employer or its insurers (and any of its forms) means that, for more than six consecutive months, reasonably acceptable to the Executive or the Executive's legal representative) determines is unable, with reasonable accommodation, to perform the duties described in Section 4.01 on a full-time basis due to a mental or physical illness or mental disability or infirmityinjury.

Appears in 5 contracts

Samples: Employment Agreement (Kforce Com Inc), Employment Agreement (Romac International Inc), Employment Agreement (Kforce Com Inc)

Definition of Disability. For purposes of this Agreement, the term "Disability” (and any " means the inability of its forms) means that, Executive to perform substantially all of the duties required of Executive by this Agreement by reason of physical or mental incapacity for more than a period of six consecutive months, or a period of more than 270 days in the Executive is unable, with reasonable accommodation, to perform the duties described aggregate in Section 4.01 on a fullany eighteen-time basis due to a physical or mental disability or infirmitymonth period.

Appears in 4 contracts

Samples: Executive Employment Agreement (Trans Century Resources Inc), Executive Employment Agreement (Trans Century Resources Inc), Executive Employment Agreement (Trans Century Resources Inc)

Definition of Disability. For purposes of this Agreementthese purposes, “Disability” (and any of its forms) means that, for more than six consecutive months, the Executive is unable, with a reasonable accommodation, to perform the duties described in Section 4.01 on a full-time basis due to a physical or mental disability or infirmity.

Appears in 2 contracts

Samples: Employment Agreement (Big Lots Inc), Employment Agreement (Big Lots Inc)

Definition of Disability. For purposes of this AgreementAgreement only, “Disability” (and any of its forms) means that, for more than six consecutive months, the Executive is unable, with reasonable accommodation, to perform the duties described in Section 4.01 on a full-time basis due to a physical or mental disability shall be defined as Executive being unable to fully perform under this Agreement for a continuous period of ninety (90) days or infirmitya cumulative period of one hundred twenty (120) days in any one (1) calendar year.

Appears in 2 contracts

Samples: Employment & Human Resources (Community West Bancshares /), Employment Agreement (Community West Bancshares /)

Definition of Disability. For purposes of this Agreement, "Disability” (and any " shall mean the Executive's absence from performance of its forms) means that, his assigned duties for more than six consecutive months, the Executive is unable, with reasonable accommodation, to perform the duties described in Section 4.01 Company on a full-time basis for six (6) consecutive calendar months as a result of incapacity due to a medically documented physical or mental disability or infirmity.illness and which, in the opinion of a physician mutually acceptable to the

Appears in 1 contract

Samples: Employment Agreement (Prison Realty Trust Inc)

Definition of Disability. For purposes of this Agreement, "Disability” (and any of its forms) means that, for more than six consecutive months, the " shall mean that Executive is unable, with reasonable accommodation, has been unable to perform his duties hereunder as the duties described in Section 4.01 on a full-time basis result of his incapacity due to a physical or mental disability illness, and such inability, which continues for at least 120 consecutive calendar days or infirmity150 calendar days during any consecutive twelve-month period, is determined to be total and permanent by a physician selected by the Company and its insurers and acceptable to Executive or to Executive's legal representative (with such agreement on acceptability not to be unreasonably withheld).

Appears in 1 contract

Samples: Employment Agreement (Trubion Pharmaceuticals, Inc)

Definition of Disability. For purposes of this Agreement, “Disability” means an independent medical doctor (and any of its formsselected by the Company’s health or disability insurer) means thathas certified that the Executive has, for more than six (6) months consecutive monthsor nonconsecutive in any twelve (12) –month period, been disabled in a manner that seriously interferes with his or her ability to perform his or her responsibilities as an employee of the Company. Any refusal by the Executive is unable, with reasonable accommodation, to perform the duties described in Section 4.01 on a full-time basis due submit to a physical or mental medical examination for the purpose of certifying disability or infirmityshall be deemed to constitute conclusive evidence of the Executive’s Disability.

Appears in 1 contract

Samples: Change of Control/Severance Agreement (Waters Corp /De/)

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Definition of Disability. For purposes of this Agreementthese purposes, "Disability” (and any of its forms) " means that, for more than six consecutive months, the Executive is unable, with a reasonable accommodation, to perform the duties described in Section 4.01 on a full-time basis due to a physical or mental disability or infirmity.

Appears in 1 contract

Samples: Employment Agreement (Big Lots Inc)

Definition of Disability. For purposes of this Agreement, “Disability” (and any means Executive’s inability, because of its forms) means that, for more than six consecutive months, the Executive is unable, with reasonable accommodation, to perform the duties described in Section 4.01 on a full-time basis due to a physical or mental disability illness or infirmityinjury, substantially to perform her duties hereunder as a result of physical incapacity for a continuous period of at least four (4) continuous months. The existence of a Disability means that Executive cannot perform the essential functions of her position with or without reasonable accommodation. Any dispute as to Executive’s incapacitation shall be resolved by an independent physician selected by the Board and reasonably acceptable to Executive, whose determination shall be final and binding upon both Executive and Company.

Appears in 1 contract

Samples: Employment Agreement (Nuvo Group Ltd.)

Definition of Disability. For purposes of As used in this Agreement, the ------------------------ term "Disability" means the failure of Executive to render for six (and any of its forms6) means that, for more than six consecutive calendar months, or for shorter periods aggregating one hundred thirty (130) or more business days in any twelve (12) month period, the services contemplated by this Agreement which a physician selected by the Employer or its insurers and reasonably acceptable to Executive or Executive's legal representative determines is unable, with reasonable accommodation, to perform the duties described in Section 4.01 on a full-time basis due to a mental or physical illness or mental disability or infirmityinjury.

Appears in 1 contract

Samples: Employment Agreement (Ahmanson H F & Co /De/)

Definition of Disability. For purposes of As used in this Agreement, the term “Disability” means the failure of the Executive to render for six consecutive calendar months, or for shorter periods aggregating one hundred eighty or more business days in any twelve month period, the services contemplated by this Agreement which a physician selected by the Employer or its insurers (and any of its forms) means that, for more than six consecutive months, reasonably acceptable to the Executive or the Executive's legal representative) determines is unable, with reasonable accommodation, to perform the duties described in Section 4.01 on a full-time basis due to a mental or physical illness or mental disability or infirmityinjury.

Appears in 1 contract

Samples: Employment Agreement (Kforce Inc)

Definition of Disability. For purposes of this Agreement, “Disability” means an independent medical doctor (and any of its formsselected by the Company’s health or disability insurer) means thathas certified that the Executive has, for more than six (6) months consecutive monthsor nonconsecutive in any twelve (12) –month period, been disabled in a manner that seriously interferes with his ability to perform his responsibilities as an employee of the Company. Any refusal by the Executive is unable, with reasonable accommodation, to perform the duties described in Section 4.01 on a full-time basis due submit to a physical or mental medical examination for the purpose of certifying disability or infirmityshall be deemed to constitute conclusive evidence of the Executive’s Disability.

Appears in 1 contract

Samples: Change of Control/Severance Agreement (Waters Corp /De/)

Definition of Disability. For purposes of this Agreement, “Disability” (and any shall mean the Executive’s absence from performance of its forms) means that, his assigned duties for more than six consecutive months, the Executive is unable, with reasonable accommodation, to perform the duties described in Section 4.01 Company on a full-time basis for six (6) consecutive calendar months as a result of incapacity due to a medically documented physical or mental disability illness and which, in the opinion of a physician mutually acceptable to the Company and the Executive or infirmitythe Executive’s legal representative, makes it impossible for the Executive to perform his duties and responsibilities under this Agreement.

Appears in 1 contract

Samples: Employment Agreement (Corrections Corp of America)

Definition of Disability. For purposes of this AgreementAgreement ------------------------ only, “Disability” (and any of its forms) means that, for more than six consecutive months, the Executive is unable, with reasonable accommodation, to perform the duties described in Section 4.01 on a full-time basis due to a physical or mental disability shall be defined as Executive being unable to fully perform under this Agreement for a continuous period of ninety (90) days or infirmitya cumulative period of one hundred twenty (120) days in any one (1) calendar year.

Appears in 1 contract

Samples: Employment Agreement (Community West Bancshares /)

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