Common use of Disability Defined Clause in Contracts

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)

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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 2 contracts

Samples: Employment Agreement (VirTra, Inc), Employment Agreement (VirTra, 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 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.

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 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.

Appears in 1 contract

Samples: Employment & Non Competition Agreement (Continental Fuels, Inc.)

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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)

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