Disability of the Executive. If the Executive is incapacitated or disabled by accident, sickness or otherwise so as to render the Executive mentally or physically incapable of performing the services required to be performed under this Agreement for a period of 90 consecutive days or 120 days in any period of 360 consecutive days (a "Disability"), the Company may, at the time or during the period of such Disability, at its option, terminate the employment of the Executive under this Agreement immediately upon giving the Executive written notice to that effect.
Disability of the Executive. This Agreement may be terminated by the Company upon the Disability of the Executive. “Disability” shall mean any mental or physical illness, condition, disability or incapacity which prevents the Executive from reasonably discharging his duties and responsibilities under this Agreement for a period of ninety (90) days in any one hundred eighty (180) day period. In the event that any disagreement or dispute shall arise between the Company and the Executive as to whether the Executive suffers from any Disability, then, in such event, the Executive shall submit to the physical or mental examination of a physician licensed under the laws of the State of Florida, who is agreeable to the Company and the Executive, and such physician shall determine whether the Executive suffers from any Disability. In the absence of fraud or bad faith, the determination of such physician shall be final and binding upon the Company and the Executive. The entire cost of such examination shall be paid solely by the Company. In the event the Company has purchased disability insurance for Executive, the Executive shall be deemed disabled if he is disabled as defined by the terms of the disability policy. On the date that the Executive is deemed to have a Disability, this Agreement will be deemed to have been terminated and the Executive shall be entitled to receive from the Company his accrued and unpaid Base Salary, bonus and other benefits through the termination date. If a termination of the Executive by Disability shall occur at any time, then any unvested time-based equity or performance-based equity shall vest on the date that the Executive is deemed to have a Disability. Other than as set forth in the immediately preceding two sentences, the Company shall have no further salary or bonus payment or other benefits obligations under this Agreement from and after the date of termination due to Disability.
Disability of the Executive. In the event the Executive's employment is terminated as a result of Disability, the Executive shall be entitled to receive his Salary and medical and dental benefits for a period of the lesser of six (6) months or the unexpired portion of the Term, plus an amount equal to fifty percent (50%) of Target Annual Incentive and Target Long-Term Incentive for the year of Disability, reduced by any payments received by the Executive under the Company's executive long-term disability plan.
Disability of the Executive. If the EXECUTIVE is unable to perform the essential functions of the position assigned by reason of illness or incapacity for a period up to one hundred and fifty (150) consecutive days, then, despite the COMPANY'S efforts to reasonably accommodate such illness or incapacity, the COMPANY may terminate this Agreement upon written notice to EXECUTIVE. Upon termination, the EXECUTIVE may be eligible for long term disability benefits under the COMPANY'S disability plan, subject to the terms and conditions of that plan. In the event that the EXECUTIVE is (and continues to be) eligible for long term disability benefits under the COMPANY'S disability plan, then the EXECUTIVE shall be entitled to be covered under the health and life insurance welfare benefits plans in which the EXECUTIVE was a participant prior to the effective date of the termination of his employment as if the EXECUTIVE were still employed under this AGREEMENT for a period of two (2) years after the effective date of the EXECUTIVE'S termination of employment; be eligible for benefit distribution from any of the COMPANY'S stock benefit plans in accordance with the terms and conditions of any such plans; but the EXECUTIVE shall not accrue any further benefit, vesting, or service credits under any qualified retirement plans maintained by the COMPANY after the effective date of the EXECUTIVE'S termination of employment.
Disability of the Executive. In the event the Executive's employment is terminated as a result of the Executive's disability, the Company shall have no further obligations or liabilities under this Agreement except that the Company shall pay the following to the Executive if the Executive satisfies the terms of Section 14:
Disability of the Executive. This Agreement may be terminated by the Company upon the Disability of the Executive. “Disability” shall mean any mental or physical illness, condition, disability or incapacity which prevents the Executive from reasonably discharging his duties and responsibilities under this Agreement for a period of ninety (90) days in any one hundred eighty (180) day period. In the event that any disagreement or dispute shall arise between the Company and the Executive as to whether the Executive suffers from any Disability, then, in such event, the Executive shall submit to the physical or mental examination of a physician licensed under the laws of the State of Michigan, who is agreeable to the Company and the Executive, and such physician shall determine whether the Executive suffers from any Disability. In the absence of fraud or bad faith, the determination of such physician shall be final and binding upon the Company and the Executive. The entire cost of such examination shall be paid solely by the Company. In the event the Company has purchased disability insurance for Executive, the Executive shall be deemed disabled if he is disabled as defined by the terms of the disability policy. In the event Company has purchased a disability policy, Executive shall be entitled to the payments thereunder, subject and pursuant to the Company’s contract with the disability insurance carrier. In addition, on the date that the Executive is deemed to have a Disability, this Agreement will be deemed to have been terminated and the Executive shall be entitled to receive from the Company his accrued and unpaid Base Salary, bonus, and other benefits pursuant to Section 3(c) through the termination date. Other than as set forth in this subsection 5(d), the Company shall have no further obligations under this Agreement from and after the date of termination due to Disability.
Disability of the Executive. In the event the Executive shall be prevented from rendering the essential functions of his position, with or without reasonable accommodation, unless such accommodation would cause the Corporation undue hardship, by reason of Disability, the Corporation shall have the right to declare upon two (2) weeks prior written notice rendered to the Executive, a Disability termination, whereupon the Executive shall receive the Disability compensation provided by the Corporation’s disability insurance coverage. The Corporation may, in its sole discretion, accelerate the payment of any amount payable under this Section 7.5. For purposes hereof, the term “Disability” means a condition caused by mental or physical illness or injury which (i) prevents the Executive from performing his normal duties for an aggregate of at least six months out of any twelve-month period and (ii) a doctor reasonably satisfactory to both the Executive and the Corporation certifies at the end of such six-month period that the Executive will continue to be prevented from performing his duties as a result of his disability due to mental or physical illness or injury.
Disability of the Executive. The Corporation may immediately terminate this Agreement upon the delivery of a Notice of Termination (as defined in Section 8(e) of this Agreement) to the Executive setting forth the facts that indicate that a determination has been made that the Executive has a Disability. For purposes of this Agreement, the Executive will be deemed to have a "Disability" under any of the following conditions: (1) the Executive is unable to render and perform substantially and continuously the Executive's duties and services as required by this Agreement by reason of any medically determinable physical or mental condition that is expected to result in death or can reasonably be expected to last for a continuous period of not less than 12 months, (2) the Executive is determined to be disabled in accordance with a disability income insurance program sponsored by the Corporation, provided the definition of disability applied under such program complies with the requirements of Section 409A of the Code, or (3) the Executive is determined to be totally disabled by the Social Security Administration. Upon the request of either party hereto following written notice to the other, the Disability of the Executive in accordance with part (1) of the preceding sentence will be determined by a medical doctor (the "Examining Doctor") who shall be selected as follows: the Corporation and the Executive shall each select a medical doctor, and those two medical doctors will select a third medical doctor who will be the Examining Doctor. The determination of the Examining Doctor as to whether or not the Executive has a Disability pursuant to part (1) of this Section 8(b), will be binding on both parties hereto. For purposes of part (1) of this Section 8(b), the Executive must submit to a reasonable number of examinations by the Examining Doctor, and the Executive hereby authorizes the disclosure and release to the Corporation of such determination and the results of such examinations; provided, however, if the Executive is not legally competent, the Executive's legal guardian or duly authorized attorney-in-fact will act in the Executive's stead under this Section 8(b) for the purposes of submitting the Executive to examinations and providing any such authorizations of disclosure.
Disability of the Executive. In the event that the Executive during the period while employed under this Agreement shall at any time become unable, due to ill-health, accident, injury or other disability, to carry out his duties under this Agreement with reasonable accommodation provided by the Company, the Company, upon a lump-sum payment to the Executive equal to the Executives then-current annual salary may terminate this Agreement and be relieved of all further obligations hereunder. Termination of employment under this Section 12 shall not terminate the Executive's obligations under Sections 7, 8 or 13.
Disability of the Executive. If the Executive is incapacitated or disabled by accident, sickness or otherwise (including, without limitation, as a result of abuse of alcohol or other drugs or controlled substances) so as to render the Executive mentally or physically incapable of performing the services required to be performed under this Agreement for a period of one hundred twenty (120) consecutive days or longer or for any one hundred eighty (180) days in any period of three hundred sixty (360) consecutive days (a "Disability"), the Company may, at that time or any time thereafter, at its option, terminate the employment of the Executive under this Agreement immediately upon giving the Executive notice to that effect. In the event of the Disability of the Executive, the Executive shall receive severance compensation equal to six months salary.
