Common use of Determination of Illness or Incapacity Clause in Contracts

Determination of Illness or Incapacity. For purposes of this Article V, the term "illness or incapacity" shall mean Employee's inability to perform his duties hereunder substantially on a full-time basis due to physical or mental illness as determined by the Board of Directors in accordance with the Company's long-term disability insurance policy or, in the event Company does not have a long-term disability insurance policy in effect, in accordance with the following procedure: Employee and the Company each shall designate a physician who shall jointly select a third physician and the three (3) physicians selected would then determine whether or not any illness or incapacity is such as to prevent Employee from performing his duties hereunder.

Determination of Illness or Incapacity. For purposes of this Article V, V. the term "illness or incapacity" shall mean Employee's inability to perform his duties hereunder substantially on a full-time basis due to physical or mental illness as determined by the Board of Directors in accordance with the Company's long-term disability insurance policy or, in the event Company does not have a long-term disability insurance policy in effect, in accordance with the following procedure: Employee and the Company each shall designate a physician who shall jointly select a third physician and the three (3) physicians selected would then determine whether or not any illness or incapacity is such as to prevent Employee from performing his duties hereunder.