Common use of Definition of Disability Clause in Contracts

Definition of Disability. For all purposes under this Agreement, “Disability” shall mean the Executive becoming disabled during his employment hereunder through any illness, injury, accident or condition of either a physical or psychological nature and, as a result, is unable to perform substantially all of his duties and responsibilities hereunder, notwithstanding the provision of any reasonable accommodation, for one hundred and eighty (180) days during any period of three hundred and sixty-five (365) consecutive calendar days.

Appears in 8 contracts

Samples: Employment Agreement (Centurylink, Inc), Employment, Confidentiality, Severance and Non Competition Agreement (SAVVIS, Inc.), Employment Agreement (SAVVIS, Inc.)

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Definition of Disability. For all purposes under this Agreementhereof, “Disability” shall mean the Executive becoming disabled during his employment hereunder through any illness, injury, accident or condition of either a physical or psychological nature andmental incapacity of Executive that entitles Executive to benefits under the Company’s long-term disability plan, as or, in the absence of such a resultplan, it is reasonably determined by the Board that Executive is unable to perform substantially all perform, by reason of such physical or mental incapacity, the essential functions of his duties and responsibilities hereunder, notwithstanding the provision of any reasonable accommodation, or her position for one hundred and eighty (180) days during any a period of three hundred and sixty-five at least 180 days in any twelve (365) consecutive calendar days12)-month period or that is reasonably expected to result in Executive’s death.

Appears in 6 contracts

Samples: Employment Agreement (FiscalNote Holdings, Inc.), Employment Agreement (FiscalNote Holdings, Inc.), Employment Agreement (FiscalNote Holdings, Inc.)

Definition of Disability. For all the purposes under of this Agreement, “Disability” shall mean the that Executive becoming disabled during his employment hereunder through any illness, injury, accident has become physically or condition of either a physical or psychological nature and, as a result, is mentally unable to perform substantially all of his duties for the Corporation hereunder and responsibilities hereunder, notwithstanding the provision such incapacity has continued for a total of ninety (90) consecutive days or for any reasonable accommodation, for one hundred and eighty (180) days during any in a period of three hundred and sixty-five (365) consecutive calendar days.

Appears in 4 contracts

Samples: Employment Agreement (Corporate Universe Inc), Employment Agreement (Corporate Universe Inc), Employment Agreement (Uppercut Brands, Inc.)

Definition of Disability. For all purposes under of this Agreement, “Disability” shall mean the that Executive becoming disabled during his employment hereunder through any illness, injury, accident or condition of either a physical or psychological nature and, as a result, is has been unable to perform substantially all his duties hereunder as the result of his duties incapacity due to physical or mental illness, and responsibilities hereundersuch inability, notwithstanding the provision of any reasonable accommodation, which continues for one hundred and eighty (180) at least 120 consecutive calendar days or 150 calendar days during any period of three hundred consecutive twelve-month period, if shorter, after its commencement, is determined to be total and sixty-five permanent by a physician selected by the Company and its insurers and acceptable to Executive or to Executive’s legal representative (365) consecutive calendar dayswith such agreement on acceptability not to be unreasonably withheld).

Appears in 3 contracts

Samples: Employment Agreement (WEIBO Corp), Employment Agreement (Sina Corp), Employment Agreement (Meta Group Inc)

Definition of Disability. For all purposes under of this Agreement, the term “Disability” shall mean be defined as the Executive becoming disabled during his employment hereunder through any illness, injury, accident or condition of either a Executive’s incapacity due to physical or psychological nature and, as a result, is unable to perform substantially all mental illness which results in his or her absence from the full-time performance of his or her duties and responsibilities hereunder, notwithstanding the provision under this Agreement for period of any reasonable accommodation, for one hundred and eighty at least ninety (18090) consecutive days during any period the time he or she is employed by the Company, provided, that in every case, this clause will not conflict with the Family and Medical Leave Act of three hundred and sixty-five 1993 (365) consecutive calendar daysFMLA).

Appears in 3 contracts

Samples: Executive Employment Agreement (SAB Biotherapeutics, Inc.), Executive Employment Agreement (SAB Biotherapeutics, Inc.), Executive Employment Agreement (SAB Biotherapeutics, Inc.)

Definition of Disability. For all purposes under this Agreementhereof, "Disability” shall mean the Executive becoming disabled during his employment hereunder through any illness, injury, accident or condition of either a " means Executive's inability due to physical or psychological nature and, as a result, is unable mental incapacity to perform substantially all the duties and services of his position for a period of 120 days. At the Company's option, such physical or mental incapacity may be determined by a physician selected by the Company and reasonably acceptable to Executive or presumed by the Company on the basis of Executive's failure to perform the duties and responsibilities hereunder, notwithstanding the provision services of any reasonable accommodation, his position for one hundred and eighty (180) days during any a period of three hundred and sixty-five (365) consecutive calendar 120 days.

Appears in 2 contracts

Samples: Employment Agreement (Inventiv Health Inc), Employment Agreement (Ventiv Health Inc)

Definition of Disability. For all purposes under of this Agreement, “Disability” shall mean the that Executive becoming disabled during his employment hereunder through any illness, injury, accident or condition of either a physical or psychological nature and, as a result, is has been unable to perform substantially all his or her duties hereunder as the result of his duties or her incapacity due to physical or mental illness, and responsibilities hereundersuch inability, notwithstanding the provision of any reasonable accommodation, which continues for one hundred and eighty (180) at least 120 consecutive calendar days or 150 calendar days during any period of three hundred consecutive twelvemonth period, if shorter, after its commencement, is determined to be total and sixty-five permanent by a physician selected by the Company and its insurers and acceptable to Executive or to Executive’s legal representative (365) consecutive calendar dayswith such agreement on acceptability not to be unreasonably withheld).

Appears in 1 contract

Samples: Employment Agreement (Reliable Power Systems Inc)

Definition of Disability. For all purposes under of this Agreement, “Disability” shall mean the Executive becoming disabled during his employment hereunder through any illness, injury, accident Executive’s incapacity or condition of either a physical or psychological nature and, as a result, is unable inability to perform substantially all of his Executive’s duties and responsibilities hereunder, notwithstanding the provision of any reasonable accommodation, as contemplated herein for one hundred and eighty twenty (180120) days during or more within any one (1)-year period of three hundred (cumulative or consecutive), because, after accounting for reasonable accommodation (if applicable), Executive’s physical or mental health has become so impaired as to make it impossible or impractical for Executive to perform the duties and sixty-five responsibilities contemplated hereunder (365) consecutive calendar daysas determined by Executive’s healthcare provider in his, her or its reasonable discretion).

Appears in 1 contract

Samples: Executive Employment Agreement (Ziopharm Oncology Inc)

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Definition of Disability. For all purposes under this Agreement, “Disability" shall mean the that Executive becoming disabled during his employment hereunder through any illness, injury, accident or condition of either a physical or psychological nature and, as a result, is has been unable to perform substantially all his duties hereunder as a result of his duties incapacity due to physical or mental illness, and responsibilities hereundersuch inability, notwithstanding the provision of any reasonable accommodation, which continues for one hundred and eighty (180) at least 60 consecutive calendar days or 90 nonconsecutive days during any consecutive 12 month period of three hundred after its commencement, and sixty-five (365) consecutive calendar dayswhich is determined to be total and permanent by a physician selected by Company.

Appears in 1 contract

Samples: Executive Employment Agreement (Global Media Corp)

Definition of Disability. For all purposes under this Agreement, “The term "Disability" shall mean the inability of the Executive becoming disabled during to discharge properly his employment duties hereunder through any illness, injury, accident or condition of either a due to physical or psychological nature and, as a result, is unable to perform substantially all of his duties and responsibilities hereunder, notwithstanding the provision of any reasonable accommodation, mental illness or injury for one hundred and eighty (180) 90 business days during in any period of three hundred and sixty-five (365) 180 consecutive calendar business days. The Executive shall be deemed to have become disabled upon the expiration of such 90 days.

Appears in 1 contract

Samples: Employment Agreement (A C Moore Arts & Crafts Inc)

Definition of Disability. For all purposes under of this Agreement, “Disability” shall mean the that Executive becoming disabled during his employment hereunder through any illness, injury, accident or condition of either a physical or psychological nature and, as a result, is has been unable to perform substantially all his or her duties hereunder as the result of his duties or her incapacity due to physical or mental illness, and responsibilities hereundersuch inability, notwithstanding the provision of any reasonable accommodation, which continues for one hundred and eighty (180) at least 120 consecutive calendar days or 150 calendar days during any period of three hundred consecutive twelve-month period, is determined to be total and sixty-five permanent by a physician selected by the Company and its insurers and acceptable to Executive or to Executive’s legal representative (365) consecutive calendar dayswith such agreement on acceptability not to be unreasonably withheld).

Appears in 1 contract

Samples: Employment Agreement (Mobitv Inc)

Definition of Disability. For all purposes under this Agreementhereof, the term “Disability” shall mean an incapacity by accident, illness or other circumstance which renders the Executive becoming disabled during his employment hereunder through any illness, injury, accident mentally or condition physically incapable of either a physical or psychological nature and, as a result, is unable to perform substantially all of his performing the duties and responsibilities hereunder, notwithstanding services required of the provision of any reasonable accommodation, Executive hereunder on a full-time basis for one hundred and eighty (180) days during any a period of three hundred and sixty-five (365) at least 180 consecutive calendar days.

Appears in 1 contract

Samples: Executive Employment Agreement (BMC Software Inc)

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