Common use of Determination of Long Term Incapacity Clause in Contracts

Determination of Long Term Incapacity. Determination of Long Term Incapacity" shall mean a good faith determination by the Board that as a result of mental or physical illness or injury the Executive has been unable to and/or has failed to perform his assigned duties with the Company on a full-time basis for a period exceeding twelve (12) consecutive months after a Determination of Temporary Incapacity, and that Executive was unable to do so either with or without reasonable accommodation, as that term is defined under the Americans with Disabilities Act (the "ADA"). The Determination of Long Term Incapacity shall be determined in accordance with the Company’s obligations under the ADA.

Determination of Long Term Incapacity. “Determination of Long Term Incapacity" ” shall mean a good faith determination by the Board President & CEO that as a result of mental or physical illness or injury the Executive has been unable to and/or has failed to perform his her assigned duties with the Company on a full-time basis for a period exceeding twelve (12) consecutive months after a Determination of Temporary Incapacity, and that the Executive was unable to do so either with or without reasonable accommodation, as that term is defined under the Americans with Disabilities Act (the "“ADA"”). The Determination of Long Term Incapacity shall be determined in accordance with the Company’s obligations under the ADA.

Determination of Long Term Incapacity. “Determination of Long Term Incapacity" ” shall mean a good faith determination by the Board that as a result of mental or physical illness or injury the Executive has been unable to and/or has failed to perform his her assigned duties with the Company on a full-time basis for a period exceeding twelve (12) consecutive months after a Determination of Temporary Incapacity, and that the Executive was unable to do so either with or without reasonable accommodation, as that term is defined under the Americans with Disabilities Act (the "“ADA"”). The Determination of Long Term Incapacity shall be determined in accordance with the Company’s obligations under the ADA.