Disability Defined. Disability" shall mean the Executive's incapacity due to physical or mental illness to substantially perform the essential functions of the position on a full-time basis for six (6) consecutive months and, within thirty (30) days after a notice of termination is thereafter given by the Company, the Executive shall not have returned to the full-time performance of the Executive's duties; provided, however, if the Executive shall not agree with a determination to terminate him because of Disability, the question of Executive's disability shall be subject to the certification of a qualified medical doctor agreed to by the Company and the Executive or, in the event of the Executive's incapacity to designate a doctor, the Executive's legal representative. In the absence of agreement between the Company and the Executive, each party shall nominate a qualified medical doctor and the two doctors shall select a third doctor, who shall make the determination as to Disability.
Appears in 3 contracts
Samples: Employment Agreement (Mobile Mini Inc), Employment Agreement (Mobile Mini Inc), Employment Agreement (Mobile Mini Inc)
Disability Defined. “Disability" ” shall mean the Executive's ’s incapacity due to physical or mental illness to substantially perform the essential functions of the position her duties on a full-time basis for six three (63) consecutive months and, and within thirty (30) days after a notice of termination is thereafter given by the Company, Company the Executive shall not have returned to the full-full- time performance of the Executive's ’s duties; provided, however, if the Executive shall not agree with a determination to terminate him because of Disability, the question of the Executive's ’s disability shall be subject to the certification of a qualified medical doctor agreed to by the Company and the Executive or, in the event of the Executive's ’s incapacity to designate a doctor, the Executive's ’s legal representative. In the absence of agreement between the Company and the Executive, each party shall nominate a qualified medical doctor and the two doctors shall select a third doctor, who shall make the determination as to Disability.. (d)
Appears in 1 contract
Samples: Employment and Non Competition Agreement (Continental Fuels, Inc.)
Disability Defined. “Disability" ” shall mean the Executive's ’s incapacity due to physical or mental illness to substantially perform the essential functions of the position on a full-time basis for six (6) consecutive months and, within thirty (30) days after a notice of termination is thereafter given by the Company, the Executive shall not have returned to the full-time performance of the Executive's ’s duties; provided, however, if the Executive shall not agree with a determination to terminate him because of Disability, the question of Executive's ’s disability shall be subject to the certification of a qualified medical doctor agreed to by the Company and the Executive or, in the event of the Executive's ’s incapacity to designate a doctor, the Executive's ’s legal representative. In the absence of agreement between the Company and the Executive, each party shall nominate a qualified medical doctor and the two doctors shall select a third doctor, who shall make the determination as to Disability.
Appears in 1 contract
Samples: Employment Agreement (VirTra, Inc)
Disability Defined. Disability" shall mean the Executive's incapacity due to physical or mental illness to substantially perform the essential functions of the position his duties on a full-time basis for six (6) consecutive months and, within thirty (30) days after a notice of termination is thereafter given by the Company, the Executive shall not have returned to the full-time performance of the Executive's duties; provided, however, if the Executive shall not agree with a determination to terminate him because of Disability, the question of the Executive's disability shall be subject to the certification of a qualified medical doctor agreed to by the Company and the Executive or, in the event of the Executive's incapacity to designate a doctor, the Executive's legal representative. In the absence of agreement between the Company and the Executive, each party shall nominate a qualified medical doctor and the two doctors shall select a third doctor, who shall make the determination as to Disability.
Appears in 1 contract
Samples: Employment Agreement (Certified Grocers of California LTD)
Disability Defined. “Disability" ” shall mean the Executive's ’s incapacity due to physical or mental illness to substantially perform the essential functions of the position performhisduties on a full-time basis for six three (63) consecutive months and, and within thirty (30) days after a notice of termination is thereafter given by the Company, Company the Executive shall not have returned to the full-full- time performance of the Executive's ’s duties; provided, however, if the Executive shall not agree with a determination to terminate him because of Disability, the question of the Executive's ’s disability shall be subject to the certification of a qualified medical doctor agreed to by the Company and the Executive or, in the event of the Executive's ’s incapacity to designate a doctor, the Executive's ’s legal representative. In the absence of agreement between the Company and the Executive, each party shall nominate a qualified medical doctor and the two doctors shall select a third doctor, who shall make the determination as to Disability.. (d)
Appears in 1 contract
Samples: Employment and Non Competition Agreement (Continental Fuels, Inc.)