Common use of Definition of Incapacitation Clause in Contracts

Definition of Incapacitation. Executive’s departure from the Company shall be designated due to “Incapacitation” upon Executive becoming physically and/or mentally incapacitated such that Executive cannot perform the essential functions of Executive’s job. The determination of whether Executive is capable of performing the essential functions of Executive’s job shall be based on (i) a determination of whether Executive is considered disabled under the LTD Plan described in Section 4(f) or (ii) if no LTD Plan is then in effect, if a physician that is mutually agreeable to the Company and Executive determines that Executive cannot perform the essential functions of Executive’s job, even with reasonable accommodation, for (A) any period of ninety (90) consecutive days or (B) one hundred fifty (150) days during any consecutive twelve (12) month period. If the Company and Executive cannot agree on the selection of a physician to make the determination of disability, then each of the Company and Executive will select one (1) physician and the two (2) physicians will select a third (3rd) physician who will determine whether Executive is disabled. The determination of the physician selected in accordance with this Section 6(b) will be binding on both the Company and Executive. Executive must submit to a reasonable number of examinations by the physician making the determination of disability, and Executive hereby authorizes the disclosure and release to the Company of such determination and all supporting medical records and information. If Executive is not legally competent, Executive’s legal guardian or duly-authorized attorney-in-fact will act in the place of Executive in selecting a physician, submitting Executive to examinations, and providing the authorization of disclosure.

Definition of Incapacitation. Executive’s departure from the Company shall be designated due to “Incapacitation” upon Executive becoming physically and/or mentally incapacitated such that Executive cannot perform the essential functions of Executive’s job. The determination of whether Executive is capable of performing the essential functions of Executive’s job shall be based on (i) a determination of whether Executive is considered disabled under the LTD Plan described in Section 4(f) or (ii) if no LTD Plan is then in effect, if a physician that is mutually agreeable to the Company and Executive determines that Executive cannot perform the essential functions of Executive’s job, even with reasonable accommodation, for (A) any period of ninety (90) consecutive days or (B) one hundred fifty (150) days during any consecutive twelve (12) month 12)-month period. If the Company and Executive cannot agree on the selection of a physician to make the determination of disability, then each of the Company and Executive will select one (1) physician and the two (2) physicians will select a third (3rd) physician who will determine whether the Executive is disabled. The determination of the physician selected in accordance with this Section 6(b) will be binding on both the Company and Executive. Executive must submit to a reasonable number of examinations by the physician making the determination of disability, and Executive hereby authorizes the disclosure and release to the Company of such determination and all supporting medical records and information. If Executive is not legally competent, Executive’s legal guardian or duly-authorized attorney-in-fact will act in the place of Executive in selecting a physician, submitting Executive to examinations, and providing the authorization of disclosure.

Definition of Incapacitation. Executive’s departure from the Company shall be designated due to “Incapacitation” upon Executive becoming physically and/or mentally incapacitated such that Executive cannot perform the essential functions of Executive’s job. The determination of whether Executive is capable of performing the essential functions of Executive’s job shall be based on (i) a determination of whether Executive is considered disabled under the LTD Plan described in Section 4(f) or (ii) if no LTD Plan is then in effect, if a physician that is mutually agreeable to the Company and Executive determines that Executive cannot perform the essential functions of Executive’s job, even with reasonable accommodation, for (A) any period of ninety (90) consecutive days or (B) one hundred fifty (150) days during any consecutive twelve (12) month 12)-month period. If the Company company and Executive cannot agree on the selection of a physician to make the determination of disability, then each of the Company company and Executive will select one (1) physician and the two (2) physicians will select a third (3rd) physician who will determine whether the Executive is disabled. The determination of the physician selected in accordance with this Section 6(b) will be binding on both the Company and Executive. Executive must submit to a reasonable number of examinations by the physician making the determination of disability, and Executive hereby authorizes the disclosure and release to the Company of such determination and all supporting medical records and information. If Executive is not legally competent, Executive’s legal guardian or duly-authorized attorney-in-fact will act in the place of Executive in selecting a physician, submitting Executive to examinations, and providing the authorization of disclosure.

Definition of Incapacitation. Executive’s departure from the Company shall be designated due to “Incapacitation” upon Incapacitation under the following circumstances: i. Executive’s death; or ii. Executive becoming physically and/or mentally incapacitated such that Executive cannot perform the essential functions of Executive’s job. The determination of whether Executive is capable of performing the essential functions of Executive’s job shall be based on (i1) a determination of whether Executive is considered disabled under the LTD Plan described in Section 4(f) or (ii2) if no LTD Plan is then in effect, if a physician that is mutually agreeable to the Company and Executive determines that Executive cannot perform the essential functions of Executive’s job, even with reasonable accommodation, for (Aa) any period of ninety (90) consecutive days or (Bb) one hundred fifty (150) days during any consecutive twelve (12) month 12)-month period. If the Company and Executive cannot agree on the selection of a physician to make the determination of disability, then each of the Company and Executive will select one (1) physician and the two (2) physicians will select a third (3rd) physician who will determine whether the Executive is disabled. The determination of the physician selected in accordance with this Section 6(b) will be binding on both the Company and Executive. Executive must submit to a reasonable number of examinations by the physician making the determination of disability, and Executive hereby authorizes the disclosure and release to the Company of such determination and all supporting medical records and information. If Executive is not legally competent, Executive’s legal guardian or duly-authorized attorney-in-fact will act in the place of Executive in selecting a physician, submitting Executive to examinations, and providing the authorization of disclosure.

Definition of Incapacitation. Executive’s departure from the Company shall be designated due to “Incapacitation” upon Executive becoming physically and/or mentally incapacitated such that Executive cannot perform the essential functions of Executive’s job. The determination of whether Executive is capable of performing the essential functions of Executive’s job shall be based on (i) a determination of whether Executive is considered disabled under the LTD Plan described in Section 4(f) or (ii) if no LTD Plan is then in effect, if a physician that is mutually agreeable to the Company and Executive determines that Executive cannot perform the essential functions of Executive’s job, even with reasonable accommodation, for (A) any period of ninety (90) consecutive days or (B) one hundred fifty (150) days during any consecutive twelve (12) month 12)­month period. If the Company and Executive cannot agree on the selection of a physician to make the determination of disability, then each of the Company and Executive will select one (1) physician and the two (2) physicians will select a third (3rd) physician who will determine whether the Executive is disabled. The determination of the physician selected in accordance with this Section 6(b) will be binding on both the Company and Executive. Executive must submit to a reasonable number of examinations by the physician making the determination of disability, and Executive hereby authorizes the disclosure and release to the Company of such determination and all supporting medical records and information. If Executive is not legally competent, Executive’s legal guardian or duly-authorized attorney-in-fact will act in the place of Executive in selecting a physician, submitting Executive to examinations, and providing the authorization of disclosure.