Common use of Disability, Death or Retirement Clause in Contracts

Disability, Death or Retirement. (i) The Employment Term and Executive’s employment hereunder shall terminate (A) upon his death; (B) if Executive becomes physically or mentally incapacitated for a period of indefinite duration and is therefore unable for a period of six (6) consecutive months or for an aggregate of twelve (12) months, or such longer period as the Company’s Board of Directors in its sole discretion may determine, in any twenty-four (24) consecutive month period to perform his duties, (such incapacity is hereinafter referred to as “Disability”); and (C) upon his Retirement (as defined below). Any question as to the existence of the Disability of Executive as to which Executive and the Company cannot agree shall be determined in writing by a qualified independent physician mutually acceptable to Executive and the Company. If Executive and the Company cannot agree as to a qualified independent physician, each shall appoint such a physician and those two physicians shall select a third who shall make such determination in writing. For purposes of this Agreement, “Retirement” shall mean a Participant’s voluntary resignation any time.

Disability, Death or Retirement. (i) The Employment Term and Executive’s 's employment hereunder shall terminate (A) upon his death; , (B) if Executive becomes physically or mentally incapacitated for a period of indefinite duration and is therefore unable for a period of six (6) consecutive months or for an aggregate of eight (8) months in any twelve (12) months, or such longer period as the Company’s Board of Directors in its sole discretion may determine, in any twenty-four (24) consecutive month period to perform his duties, duties (such incapacity is hereinafter referred to as “"Disability”); ") and (C) upon his Retirement (as defined below). Any question as to the existence of the Disability of 5 Executive as to which Executive and the Company cannot agree shall be determined in writing by a qualified independent physician mutually acceptable to Executive and the Company. If Executive and the Company cannot agree as to a qualified independent physician, each shall appoint such a physician and those two physicians shall select a third who shall make such determination in writing. For purposes of this Agreement, “"Retirement” " shall mean a Participant’s 's voluntary resignation at any timetime after attaining age 65 (or at any earlier date with the permission of the Board).

Disability, Death or Retirement. (i) The Employment Term and Executive’s employment hereunder shall terminate (A) upon his her death; (B) if Executive becomes physically or mentally incapacitated for a period of indefinite duration and is therefore unable for a period of six (6) consecutive months or for an aggregate of twelve (12) months, or such longer period as the Company’s Board of Directors in its sole discretion may determine, in any twenty-four (24) consecutive month period to perform his her duties, (such incapacity is hereinafter referred to as “Disability”); and (C) upon his her Retirement (as defined below). Any question as to the existence of the Disability of Executive as to which Executive and the Company cannot agree shall be determined in writing by a qualified independent physician mutually acceptable to Executive and the Company. If Executive and the Company cannot agree as to a qualified independent physician, each shall appoint such a physician and those two physicians shall select a third who shall make such determination in writing. For purposes of this Agreement, “Retirement” shall mean a Participant’s voluntary resignation any time.

Disability, Death or Retirement. (i) The Employment Term and Executive’s employment hereunder shall terminate (A) upon his death; (B) if Executive becomes physically or mentally incapacitated for a period of indefinite duration and is therefore unable for a period of six two (62) consecutive months or for an aggregate of three (3) months in any twelve (12) months, or such longer period as the Company’s Board of Directors in its sole discretion may determine, in any twenty-four (24) consecutive month period to perform his duties, (such incapacity is hereinafter referred to as “Disability”); and (C) upon his Retirement (as defined below). Any question as to the existence of the Disability of Executive as to which Executive and the Company cannot agree shall be determined in writing by a qualified independent physician mutually acceptable to Executive and the Company. If Executive and the Company cannot agree as to a qualified independent physician, each shall appoint such a physician and those two physicians shall select a third who shall make such determination in writing. The determination of such third physician shall be binding upon the parties hereto. For purposes of this Agreement, “Retirement” shall mean a ParticipantExecutive’s voluntary resignation any timetime after attaining age 65 (or at any earlier date with the permission of the Board).