Common use of Determination of Disability Clause in Contracts

Determination of Disability. Employee's physician, at the Company's request, shall determine, according to the facts then available to him, whether Disability has occurred and is continuing. Such determination shall be made in good faith and not arbitrarily or unreasonably made. The Board may request the opinion of a reputable and qualified physician mutually acceptable to Employee and the Company to examine Employee for the purpose of determining whether Employee is in fact disabled. The fees of such physician, as well as any other expenses related to such physician's examination of Employee, shall be paid by the Company. Employee shall be given written notice of the intent of the Company to make such request and Employee shall be provided with sufficient time to respond thereto. In the event Employee's physician and the mutually agreed upon physician do not concur, Employee shall have the right to request the appointment of a mutually agreeable third physician who shall consult with the other two physicians and make a final binding determination with respect to Employee's Disability.

Determination of Disability. Employee's physician, at the Company's request, shall determine, according to the facts then available to him, whether Disability has occurred and is continuing. Such determination shall be made in good faith and not arbitrarily or unreasonably made. The Board may request the opinion of a reputable and qualified physician mutually acceptable to Employee and the Company to examine Employee for the purpose of determining whether Employee is in fact disabled. The fees of such physician, as well as any other expenses related to such physician's examination of Employee, shall be paid by the Company. Employee shall be given written notice of the intent of the Company to make such request and Employee shall be provided with sufficient time to respond thereto. In the event Employee's physician and the mutually agreed upon physician do not no concur, Employee shall have the right to request the appointment of a mutually agreeable third physician who shall consult with the other two physicians and make a final binding determination with respect to Employee's Disability.

Determination of Disability. The Employee's physician, at the --------------------------- Company's request, shall determine, according to the facts then available to him, whether Disability has occurred and is continuing. Such determination shall be made in good faith and not arbitrarily or unreasonably made. The Board may request the opinion of a reputable and qualified physician mutually acceptable to Employee and the Company to examine Employee for the purpose of determining whether Employee is in fact disabled. The fees of such physician, as well as any other expenses related to such physician's examination of Employee, shall be paid by the Company. Employee shall be given written notice of the intent of the Company to make such request and the Employee shall be provided with sufficient time to respond thereto. In the event the Employee's physician and the mutually agreed upon physician do not concur, the Employee shall have the right to request the appointment of a mutually agreeable third physician who shall consult with the other two physicians and make a final binding determination with respect to the Employee's Disability.

Determination of Disability. The Employee's physician, at the Company's request, shall determine, according to the facts then available to him, whether Disability has occurred and is continuing. Such determination shall be made in good faith and not arbitrarily or unreasonably made. The Board may request the opinion of a reputable and qualified physician mutually acceptable to Employee and the Company to examine Employee for the purpose of determining whether Employee is in fact disabled. The fees of such physician, as well as any other expenses related to such physician's examination of Employee, shall be paid by the Company. Employee shall be given written notice of the intent of the Company to make such request and the Employee shall be provided with sufficient time to respond thereto. In the event the Employee's physician and the mutually agreed upon physician do not concur, the Employee shall have the right to request the appointment of a mutually agreeable third physician who shall consult with the other two physicians and make a final binding determination with respect to the Employee's Disability.