Common use of Definition of Disability Clause in Contracts

Definition of Disability. For purposes of Section 6.1, Executive will be deemed to have a "disability" if, for physical or mental reasons, Executive is unable to perform Executive's duties under this Agreement for 45 consecutive days, or 90 days during any twelve month period, as determined in accordance with this Section 6.

Appears in 6 contracts

Samples: Employment Agreement (Accupoll Holding Corp), Employment Agreement (Accupoll Holding Corp), Employment Agreement (Accupoll Holding Corp)

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Definition of Disability. For purposes of Section 6.1, The Executive will be deemed to have a "disability" if, for physical or mental reasons, the Executive is unable to perform the Executive's duties under this Agreement for 45 120 consecutive days, or 90 180 days during any twelve month period, as determined in accordance with this Section 6.

Appears in 5 contracts

Samples: Employment Agreement (Craftmade International Inc), Employment Agreement (Craftmade International Inc), Employment Agreement (Craftmade International Inc)

Definition of Disability. For purposes of Section 6.1, the Executive will be deemed to have a "disability" if, for physical or mental reasons, the Executive is unable to perform the essential functions of the Executive's duties under this Agreement for 45 120 consecutive days, or 90 180 days during any twelve month period, as determined in accordance with this Section 6.

Appears in 5 contracts

Samples: Employment Agreement (Room Plus Inc), Employment Agreement (Eagle Supply Group Inc), Employment Agreement (Room Plus Inc)

Definition of Disability. For purposes of Section 6.1, the Executive will shall be deemed to have a "disability" if, for physical or mental reasons, the Executive is unable to perform the Executive's duties under this Agreement for 45 120 consecutive days, or 90 180 days during any twelve twelve-month period, as determined in accordance with this Section 6.

Appears in 5 contracts

Samples: Executive Employment Agreement (WCI Steel, Inc.), Executive Employment Agreement (WCI Steel, Inc.), Executive Employment Agreement (WCI Steel, Inc.)

Definition of Disability. For purposes of Section 6.15.1, the Executive will be deemed to have a "disability" if, for physical or mental reasons, the Executive is unable to perform the essential functions of the Executive's duties under this Agreement for 45 120 consecutive days, or 90 180 days during any twelve twelve-month period, as determined in accordance with this Section 65.2.

Appears in 4 contracts

Samples: Employment Agreement (Primal Solutions Inc), Employment Agreement (Primal Solutions Inc), Employment Agreement (Primal Solutions Inc)

Definition of Disability. For purposes of Section 6.16. 1, the Executive will be deemed to have a "disability" if, for physical or mental reasons, the Executive is unable to perform the Executive's duties under this Agreement for 45 30 consecutive days, or 90 days during any twelve month period, as determined in accordance with this Section 6.

Appears in 3 contracts

Samples: Employment Agreement (Go2pharmacy Com Inc), Employment Agreement (Go2pharmacy Com Inc), Employment Agreement (Go2pharmacy Com Inc)

Definition of Disability. For purposes of Section 6.15.1, the Executive will be deemed to have a "disability" if, for physical or mental reasons, the Executive is unable to perform the Executive's duties under this Agreement for 45 30 consecutive days, or 90 days during any twelve month period, as determined in accordance with this Section 65.

Appears in 3 contracts

Samples: Employment Agreement (Nutriceuticals Com Corp), Employment Agreement (Dynamic Health Products Inc), Employment Agreement (Nutriceuticals Com Corp)

Definition of Disability. For purposes of Section 6.13.1, the Executive will be deemed to have a "disability" if, for physical or mental reasons, the Executive is unable to perform the essential functions of the Executive's duties under this Agreement for 45 60 consecutive days, or 90 120 days during any twelve month period, as determined in accordance with this Section 63.

Appears in 2 contracts

Samples: Employment Agreement (Continental Conveyor & Equipment Co), Employment Agreement (Continental Conveyor & Equipment Co)

Definition of Disability. For purposes of Section 6.1, the Executive will be deemed to have a "disability" if, for physical or mental reasons, the Executive is unable to perform the essential functions of the Executive's duties under this Agreement for 45 120 consecutive days, or 90 180 days during any twelve month twelvemonth period, as determined in accordance with this Section 6.

Appears in 2 contracts

Samples: Employment Agreement (Allis Chalmers Corp), Purchase Agreement (Allis Chalmers Corp)

Definition of Disability. For purposes of Section 6.1, the Executive will be deemed to have a "disability" if, for physical or mental reasons, the Executive is unable to perform the Executive's duties under this Agreement for 45 120 consecutive days, or 90 180 days during any twelve month twelvemonth period, as determined in accordance with this Section 6.

Appears in 2 contracts

Samples: Employment Agreement (Allis Chalmers Corp), Employment Agreement (Allis Chalmers Corp)

Definition of Disability. For purposes of Section 6.1, the Executive will be deemed to have a "disability" if, for physical or mental reasons, the Executive is unable to perform the essential functions of the Executive's duties under this Agreement for 45 30 consecutive days, or 90 days during any twelve month period, as determined in accordance with this Section 6.

Appears in 2 contracts

Samples: Employment Agreement (Gunther International LTD), Employment Agreement (Gunther International LTD)

Definition of Disability. For purposes of Section 6.15, the ------------------------ Executive will be deemed to have a "disability" if, for physical or mental reasons, the Executive is unable or incapable to perform the essential functions of the Executive's duties under this Agreement for 45 120 consecutive days, or 90 180 days during any twelve twelve-month period, as determined in accordance with this Section 65(a)(i). Such inability or incapacity shall be documented to the reasonable satisfaction of the Managers by appropriate correspondence from registered physicians reasonably satisfactory to the Managers.

Appears in 2 contracts

Samples: Employment Agreement (Jameson Inns Inc), Employment Agreement (Jameson Inns Inc)

Definition of Disability. For purposes of Section 6.1this Agreement, "Disability" shall mean that Executive will be deemed has been unable to have a "disability" if, for perform his duties hereunder as the result of his incapacity due to physical or mental reasonsillness, Executive is unable to perform Executive's duties under this Agreement and such inability, which continues for 45 at least 120 consecutive days, calendar days or 90 150 calendar days during any twelve consecutive twelve-month period, as if shorter, after its commencement, is determined in accordance 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 this Section 6such agreement on acceptability not to be unreasonably withheld).

Appears in 2 contracts

Samples: Employment Agreement (Sina Com), Employment Agreement (Sina Com)

Definition of Disability. For purposes of Section 6.1, the Executive will be deemed to have a "disability" if, for physical or mental reasons, the Executive is unable to perform the Executive's duties under this Agreement for 45 30 consecutive days, or 90 days during any twelve month period, as determined in accordance with this Section 6.during

Appears in 2 contracts

Samples: Employment Agreement (Dynamic Health Products Inc), Employment Agreement (Dynamic Health Products Inc)

Definition of Disability. For purposes of Section 6.15.1, the Executive will be deemed to have a "disability" if, for physical or mental reasons, the Executive is unable to perform the essential functions of the Executive's duties under this Agreement for 45 120 consecutive days, or 90 180 days during any twelve month period, as determined in accordance with this Section 65.

Appears in 1 contract

Samples: Employment Agreement (Showpower Inc)

Definition of Disability. For the purposes of Section 6.1this Agreement, the Executive will be deemed to have a "disability" if, for physical or mental reasons, the Executive is unable to perform the essential functions of the Executive's duties under this Agreement for 45 with or without reasonable accommodation of 120 consecutive days, or 90 180 days during any twelve twelve-month period, as determined in accordance with wit this Section 6.Article

Appears in 1 contract

Samples: Executive Employment Agreement (Turbolinux Inc)

Definition of Disability. For purposes of Section 6.1, the Executive will be deemed to have a "disability" if, for physical or mental reasons, the Executive is unable to perform the Executive's duties under this Agreement for 45 120 consecutive days, or 90 180 days during any twelve (12) month period, as determined in accordance with this Section 6.6.2. The disability of

Appears in 1 contract

Samples: Employment Agreement (Firstcity Financial Corp)

Definition of Disability. For purposes of Section 6.16.1 hereof, the Executive will be deemed to have a "disability" if, for physical or mental reasons, the Executive is unable to perform the essential functions of the Executive's duties under this Agreement for 45 120 consecutive days, or 90 180 days during any twelve month period, as determined in accordance with this Section 6.

Appears in 1 contract

Samples: Employment Agreement (Eagle Supply Group Inc)

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Definition of Disability. For purposes of Section 6.1, Executive will be deemed to have a "disability" if, for physical or mental reasons, Executive is unable to perform Executive's duties under this Agreement for 45 consecutive days, or 90 days during any twelve month period, as determined in accordance with this Section 6.

Appears in 1 contract

Samples: Reorganization Agreement (Accupoll Holding Corp)

Definition of Disability. For purposes of Section 6.16. I, Executive will be deemed to have a "disability" if, for physical or mental reasons, Executive is unable to perform Executive's duties under this Agreement for 45 consecutive days, or 90 days during any twelve month period, as determined in accordance with this Section 6.

Appears in 1 contract

Samples: Employment Agreement (Accupoll Holding Corp)

Definition of Disability. For purposes of Section 6.1, the Executive will be deemed to have a "disabilityDisability" if, for physical or mental reasons, the Executive is unable to perform the Executive's duties under this Agreement for 45 120 consecutive days, or 90 180 days during any twelve month period, as determined by the Board in accordance with this Section 6.good faith. In order to assist the Board in making that determination, the Executive will submit to a reasonable number of examinations by a medical doctor

Appears in 1 contract

Samples: Employment Agreement (Publicard Inc)

Definition of Disability. For purposes of Section 6.15.1, Executive ------------------------ will be deemed to have a "disability" if, for physical or mental reasons, Executive is unable to perform Executive's duties under this Agreement for 45 120 consecutive days, or 90 180 days during any twelve month period, as determined in accordance with this Section 65.

Appears in 1 contract

Samples: Asset Purchase Agreement (Halter Marine Group Inc)

Definition of Disability. For purposes of Section 6.14.1, the Executive will be deemed to have a "disability" if, for physical or mental reasons, the Executive is unable to perform the essential functions of the Executive's duties under this Agreement for 45 60 consecutive days, or 90 120 days during any twelve month period, as determined in accordance with this Section 64.

Appears in 1 contract

Samples: Employment Agreement (Continental Conveyor & Equipment Co)

Definition of Disability. For purposes of Section 6.1, the Executive will be deemed to have a "disability" if, for physical or mental reasons, the Executive is unable to perform the Executive's duties under this Agreement for 45 30 consecutive days, or 90 days during any twelve month period, as determined in accordance with this Section 6.

Appears in 1 contract

Samples: Employment Agreement (Dynamic Health Products Inc)

Definition of Disability. For the purposes of Section 6.1this Agreement, the Executive will be deemed to have a "disability" if, for physical or mental reasons, the Executive is unable to perform the essential functions of the Executive's duties under this Agreement with or without reasonable accommodation for 45 120 consecutive days, or 90 180 days during any twelve twelve-month period, as determined in accordance with this Section 6.Article

Appears in 1 contract

Samples: Executive Employment Agreement (Turbolinux Inc)

Definition of Disability. For purposes of Section 6.1Sections 6.1 and 6.3, the Executive will be deemed to have a "disability" “Disability” if, for as a result of any medically determinable physical or mental reasonsimpairment that can be expected to result in death or can be expected to last for a continuous period of not less than 12 months, the Executive is unable to perform Executive's duties engage in any substantial gainful activity or is receiving income replacement benefits for a period of three months or more under this Agreement for 45 consecutive days, or 90 days during any twelve month period, as determined in accordance with this Section 6an accident and health plan covering employees of the Employer.

Appears in 1 contract

Samples: Employment Agreement (Endo Pharmaceuticals Holdings Inc)

Definition of Disability. For purposes of Section 6.1, the Executive will be deemed to have a "disability" if, for physical or mental reasons, the Executive is unable to perform the essential functions of the Executive's duties with or without reasonable accommodation under this Agreement for 45 120 consecutive days, or 90 180 days during any twelve 12-month period, as determined in accordance with this Section 6.6.2. The disability of the Executive will be determined by a medical doctor selected by written agreement of Parent and the

Appears in 1 contract

Samples: Merger Agreement (Shaw Industries Inc)

Definition of Disability. For purposes of Section 6.1, the Executive will be deemed to have a "disability" if, for physical or mental reasons, the Executive is unable to perform the Executive's duties under this Agreement for 45 120 consecutive days, or 90 180 days during any twelve month period, as determined in accordance with this Section 6.

Appears in 1 contract

Samples: Employment Agreement (Grant Geophysical Inc)

Definition of Disability. For purposes of Section 6.15.1, the Executive will be deemed to have a "disability" if, for physical or mental reasons, the Executive is unable to perform the essential functions of the Executive's ’s duties under this Agreement for 45 120 consecutive days, or 90 180 days during any twelve twelve-month period, as determined in accordance with this Section 65.2.

Appears in 1 contract

Samples: Merger Agreement (Primal Solutions Inc)

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