Common use of Disability Clause in Contracts

Disability. For purposes of this Agreement, “Disability” shall mean the Executive’s absence from the full-time performance of the Executive’s duties (as such duties existed immediately prior to such absence) for 180 consecutive business days, when the Executive is disabled as a result of incapacity due to physical or mental illness.

Disability. For purposes of this Agreement, “"Disability” " shall mean the Executive’s 's absence from the full-time performance of the Executive’s 's duties (as such duties existed immediately prior to such absence) for 180 consecutive business days, when the Executive is disabled as a result of incapacity due to physical or mental illness.

Disability. For purposes of this Agreement, “Disability” shall mean the means Executive’s absence from the full-time performance of the inability to perform Executive’s duties (as such duties existed immediately prior to such absence) for 180 consecutive business days, when the Executive is disabled as a result of incapacity due to Executive’s physical or mental illnessincapacity, as reasonably determined by the Board or its designee, for an aggregate of 180 days in any 365 consecutive day period.

Disability. For purposes of this Agreement, “Disability” shall mean the " means Executive’s 's absence from the Executive's full-time performance of duties with the Executive’s duties (as such duties existed immediately prior to such absence) Company for 180 consecutive business days, when the Executive is disabled calendar days as a result of Executive's incapacity due to physical or mental illness, as determined by Executive’s attending physician and in accordance with the Company’s Medical Leave of Absence Policy, unless within 30 days after notice of termination by the Company following such absence Executive shall have returned to the full-time performance of Executive's duties. This Agreement does not apply if the Executive is terminated due to Disability.

Disability. For purposes of this Agreement, The Executive’s disability. “Disability” shall mean the Executive’s absence from the full-time performance inability of the Executive’s Executive to perform the duties and responsibilities of his or her employment by reasons of illness or other physical or mental impairment or condition, if such inability continues for an uninterrupted period of ninety (as such duties existed immediately prior to such absence90) for 180 consecutive business days, when calendar days or more. A period of inability shall be “uninterrupted” unless and until the Executive is no longer considered disabled as a result of incapacity due to physical or mental illness.by the Company’s

Disability. For purposes of this Agreement, “Disability” shall mean a physical or mental infirmity which impairs the Executive’s absence from ability to substantially perform his duties with the full-Company for a period of 180 consecutive days, and the Executive has not returned to his full time performance employment prior to the Termination Date as stated in the Notice of the Executive’s duties Termination (as such duties existed immediately prior to such absence) for 180 consecutive business days, when the Executive is disabled as a result of incapacity due to physical or mental illnesshereinafter defined).

Disability. For purposes of this Agreement, “"Disability” " shall mean the Executive’s absence from the full-time performance of the Executive’s duties (as such duties existed immediately prior to such absence) for 180 consecutive business days, when the Executive is disabled as a result of incapacity due to physical or mental illnessinfirmity which impairs the Executive's ability to substantially perform the Executive's duties with the Company for a total period of ninety (90) days and the Executive has not returned to full time employment prior to the Termination Date as stated in the "Notice of Termination."

Disability. Immediately upon Executive’s disability. For purposes of this Agreement, “Disability” shall mean the Executive’s absence from the full-time performance inability, in good faith judgment of the Company, to further perform Executive’s duties (and responsibilities as such duties existed immediately prior to such absence) for 180 consecutive business days, when the Executive is disabled as a result of incapacity due to contemplated herein because Executive’s physical or mental illnesshealth has become so impaired as to make such performance impossible or impractical, which inability continues for one hundred twenty (120) days or more within any twelve (12) month period (either consecutively or cumulatively).

Disability. For purposes of this Agreement, “Disability” shall mean the Executive’s absence from the full-time performance of the Executive’s duties (as such duties existed immediately prior to such absence) for 180 consecutive business days, when the Executive is disabled as a result of incapacity due to physical or mental illnessillness which, if he were to apply, would in the sole determination of the Board entitle him to the receipt of benefits under the Company’s long-term disability plan and if the Executive shall not have returned to the performance of his duties hereunder on a full-time basis within thirty (30) days after a written Notice of Termination (as defined in Section 6(a)) is given to the Executive by the Company.

Disability. For purposes of this Agreement, “"Disability” " shall mean the Executive’s absence from the full-time performance of the Executive’s duties (as such duties existed immediately prior to such absence) for 180 consecutive business days, when the Executive is disabled as a result of incapacity due to physical or mental illnessinfirmity which impairs the Executive's ability to substantially perform his duties with the Company for a period of one hundred eighty consecutive days and the Executive has not returned to his full time employment prior to the Termination Date as stated in the "Notice of Termination" (as hereinafter defined).

Disability. For purposes of this Agreement, “Disability” shall mean a physical or mental infirmity which impairs the Executive’s absence from ability to substantially perform his duties with the full-Company for a period of one hundred eighty (180) consecutive days, and the Executive has not returned to his full time performance employment prior to the Termination Date as stated in the “Notice of the Executive’s duties Termination” (as such duties existed immediately prior to such absence) for 180 consecutive business days, when the Executive is disabled as a result of incapacity due to physical or mental illnesshereinafter defined).

Disability. For purposes Disability" means the absence of this Agreement, “Disability” shall mean the Executive from the Executive’s absence from 's duties with the Company on a full-time performance of the Executive’s duties (as such duties existed immediately prior to such absence) basis for 180 consecutive business days, when the Executive is disabled days as a result of incapacity due to mental or physical illness which is determined to be total and permanent by a physician selected by the Company or mental illnessits insurers and acceptable to the Executive or the Executive's legal representative (such agreement as to acceptability not to be withheld unreasonably).

Disability. For purposes of this Agreement, “"Disability” " shall mean the Executive’s absence from the full-time performance of the Executive’s duties (as such duties existed immediately prior to such absence) for 180 consecutive business days, when the Executive is disabled as a result of incapacity due to physical or mental illnessinfirmity which impairs the Executive's ability to substantially perform the Executive's duties with the Company for a period of one hundred eighty (180) consecutive days and the Executive has not returned to full time employment prior to the Termination Date as stated in the "Notice of Termination".

Disability. For purposes of this Agreement, “Disability” shall mean the Executive’s absence from the full-time performance of the Executive’s duties (as such duties existed immediately prior to such absence) for 180 consecutive business days, when the Executive is disabled as a result of incapacity due to physical or mental illnesscondition that renders Executive unable to substantially perform for a period of ninety (90) aggregate days (regardless of whether or not continuous) during any three hundred sixty (360) day period, Executive’s regular responsibilities hereunder, with or without a reasonable accommodation.

Disability. For purposes of this Agreement, “Disability” shall mean the Executive’s absence from the full-time performance of the Executive’s duties (as such duties existed immediately prior to such absence) ), during the term of this Agreement, for 180 consecutive business days, when the Executive is disabled as a result of incapacity due to physical or mental illness, as determined by a physician selected by the Executive and approved by the Company for such purpose (such approval not to be unreasonably withheld).

Disability. For purposes of this Agreement, “"Disability” " ---------- shall mean the Executive’s absence from the full-time performance of the Executive’s duties (as such duties existed immediately prior to such absence) for 180 consecutive business days, when the Executive is disabled as a result of incapacity due to physical or mental illnessinfirmity which impairs the Executive's ability to substantially perform his duties with the Company for a period of one hundred eighty (180) consecutive days and the Executive has not returned to his full time employment prior to the Termination Date as stated in the "Notice of Termination" (as hereinafter defined).

Disability. For purposes of The term "Disability" as used in this Agreement, “Disability” Agreement shall mean the Executive’s absence 's incapacity due to physical or mental illness which shall have caused the Executive to have been absent from his or her duties with the Company on a full-time basis for six months and the Executive shall not have returned to the full-time performance of the Executive’s 's duties within 30 days after written Notice of Termination (as such duties existed immediately prior to such absencedefined in paragraph 4(e) for 180 consecutive business days, when below) has been given by the Executive is disabled as a result of incapacity due to physical or mental illnessCompany.

Disability. For purposes of this Agreement, “Disability” shall mean the means Executive’s absence from the fullentitlement to benefits under Company’s long-time performance of the term disability plan or if Executive does not participate in Company’s long term-disability plan, Executive’s duties (as such duties existed immediately prior to such absence) for 180 consecutive business daysinability, when the Executive is disabled as a result of incapacity due to physical or mental illnessincapacity, to perform Executive’s duties under this letter Agreement for a period of ninety (90) consecutive days or one-hundred twenty (120) days during any consecutive six (6)-month period.

Disability. For the purposes of this Agreement, the term “Disability” shall mean the Executive’s incapacity due to physical or mental illness which results in the Executive’s absence from his duties with the Company on a full-time basis for six (6) consecutive months and prevents the Executive from returning to the full-time performance of duties within thirty (30) days after receipt of written notice of termination from the Executive’s duties (as such duties existed immediately prior to such absence) for 180 consecutive business days, when the Executive is disabled as a result of incapacity due to physical or mental illnessCompany.

Disability. For purposes of this Agreement, “Disability” shall mean the Executive’s absence of the Executive from the full-time performance of the Executive’s duties (as such duties existed immediately prior to such absence) with the Company on a full-time basis for 180 consecutive business days, when the Executive is disabled days as a result of incapacity due to mental or physical illness which is determined to be total and permanent by a physician selected by the Company or mental illnessits insurers and acceptable to the Executive or the Executive’s legal representative (such agreement as to acceptability not to be withheld unreasonably).

Disability. For purposes of this Agreement, “"Disability” " shall mean the Executive’s 's absence from the full-time performance of the Executive’s 's duties (as such duties existed immediately prior to such absence) for 180 out of 190 consecutive business days, when the Executive is disabled as a result of incapacity due to physical or mental illness.

Disability. For purposes of this Agreement, “"Disability” " shall ---------- mean the Executive’s 's absence from the full-time performance of the Executive’s 's duties (as such duties existed immediately prior to such absence) for 180 consecutive business days, when the Executive is disabled as a result of incapacity due to physical or mental illness.

Disability. For purposes of this Agreement, “Disability” shall mean a physical or mental infirmity which impairs the Executive’s absence from ability to substantially perform his duties with the full-Company for a period of ninety (90) consecutive days, and the Executive has not returned to his full time performance employment prior to the Termination Date as stated in the “Notice of the Executive’s duties Termination” (as such duties existed immediately prior to such absence) for 180 consecutive business days, when the Executive is disabled as a result of incapacity due to physical or mental illnesshereinafter defined).

Disability. For purposes of this Agreement, “Disability” shall mean a physical or mental infirmity which impairs the Executive’s absence from ability to substantially perform his duties with the full-Company for a period of 180 consecutive days and the Executive has not returned to his full time performance employment prior to the Termination Date as stated in the Notice of the Executive’s duties Termination (as such duties existed immediately prior to such absence) for 180 consecutive business days, when the Executive is disabled as a result of incapacity due to physical or mental illnesshereinafter defined).

Disability. For purposes of this Agreement, “"Disability” " shall mean the Executive’s absence of the Executive from the Executive's duties with the Company on a full-time performance of the Executive’s duties (as such duties existed immediately prior to such absence) basis for 180 consecutive business days, when the Executive is disabled days as a result of incapacity due to mental or physical illness which is determined to be total and permanent by a physician selected by the Company or mental illnessits insurers and reasonably acceptable to the Executive or the Executive's legal representative.

Disability. For purposes of this Agreement, “"Disability” " shall mean the Executive’s absence from the full-time performance of the Executive’s duties (as such duties existed immediately prior to such absence) for 180 consecutive business days, when that the Executive is disabled unable, with or without reasonable accommodation, to perform one or more essential functions of his or her position as a an employee of the Company as the result of his or her incapacity due to physical or mental illnessimpairment for more than 90 days (not necessarily consecutive) in any 180-day period.

Disability. For purposes of this Agreement, “"Disability” " shall mean a physical or mental infirmity which impairs the Executive’s absence from 's ability to substantially perform his or her duties with the Company for six (6) consecutive months, and within the time period set forth in a Notice of Termination given to the Executive (which time period shall not be less than thirty (30) days), the Executive shall not have returned to full-time performance of the Executive’s duties (as such duties existed immediately prior to such absence) for 180 consecutive business days, when the Executive is disabled as a result of incapacity due to physical his or mental illnessher duties.

Disability. For purposes of this Agreement, “"Disability” " shall mean the Executive’s absence from the full-time performance of the Executive’s duties (as such duties existed immediately prior to such absence) for 180 consecutive business days, when the Executive is disabled as a result of incapacity due to physical or mental illnessinfirmity which impairs the Executive's ability to substantially perform his duties under this Agreement for a period of one hundred eighty (180) consecutive days.

Disability. For purposes of this Agreement, “"Disability” " shall mean the Executive’s absence from the full-time performance of the Executive’s duties (as such duties existed immediately prior to such absence) for 180 consecutive business days, when the Executive is disabled as a result of incapacity due to physical or mental illnessinfirmity which impairs the Executive's ability to substantially perform his duties with the Company for a period of one hundred eighty (180) consecutive days, and the Executive has not returned to his full time employment prior to the Termination Date as stated in the "Notice of Termination" (as hereinafter defined).

Disability. (a) For purposes of this Agreement, “except as set forth in Section 2.7(b) below, "Disability” " shall mean the Executive’s absence from the full-time performance of the Executive’s duties (as such duties existed immediately prior to such absence) for 180 consecutive business days, when the Executive is disabled as a result of incapacity due to physical or mental illnessinfirmity which impairs the Executive's ability to substantially perform his duties with the Company for a period of one hundred eighty consecutive days and the Executive has not returned to his full time employment prior to the Termination Date as stated in the "Notice of Termination" (as hereinafter defined).

Disability. For purposes of this Agreement, “"Disability” " shall mean the Executive’s absence from the full-time performance of the Executive’s duties (as such duties existed immediately prior to such absence) for 180 consecutive business days, when the Executive is disabled as a result of incapacity due to physical or mental illnessinfirmity which impairs the Executive's ability to substantially perform his duties with the Company for a period of one hundred eighty (180) consecutive days and the Executive has not returned to his full time employment prior to the Termination Date as stated in the "Notice of Termination" (as hereinafter defined).

Disability. For purposes of this Agreement, “"Disability” " shall mean the Executive’s absence from the full-time performance of the Executive’s duties (as such duties existed immediately prior to such absence) for 180 consecutive business days, when the Executive is disabled as a result of incapacity due to physical or mental illnessinfirmity, which impairs the Executive's ability to substantially perform his duties with the Company that continues for a period of at least one hundred eighty (180) consecutive days.

Disability. For purposes The term "Disability" means Executive's inability to perform the essential functions of this AgreementExecutive's job due to a mental or physical condition, “Disability” shall mean the with or without reasonable accommodation. In no event will Executive’s absence from the full-time performance of the Executive’s duties (as such duties existed immediately prior to such absence) 's employment be terminated for Disability until 180 consecutive business days, when days has elapsed and Disability has been determined by a physician selected by the Company or its insurers and acceptable to Executive is disabled or Executive's legal representative (such agreement as a result of incapacity due to physical or mental illnessacceptability not to be withheld unreasonably).

Disability. For purposes of this Agreement, “Disability” shall mean means the inability of Executive, due to a physical or mental impairment, to perform the essential functions of Executive’s absence from the full-time performance position, with or without reasonable accommodation, for a period of the Executive’s duties ninety (as such duties existed immediately prior to such absence90) for 180 consecutive business days, when the . Whether Executive is disabled as a result of incapacity due to physical will be determined by the Company based on evidence provided by one or mental illnessmore physicians selected by the Company.

Disability. For purposes of this Agreement, “"Disability” " shall mean the Executive’s absence from the full-time performance of the Executive’s duties (as such duties existed immediately prior to such absence) for 180 consecutive business days, when the Executive is disabled as a result of incapacity due to physical or mental illnessinfirmity which impairs the Executive's ability to substantially perform his or her duties with the Company for a period of ninety (90) consecutive days, and the Executive has not returned to his or her full time employment prior to the Termination Date as stated in the "Notice of Termination" (as hereinafter defined).

Disability. For purposes of this Agreement, “"Disability” " shall mean the Executive’s absence from the full-time performance of the Executive’s duties (as such duties existed immediately prior to such absence) for 180 consecutive business days, when that the Executive is disabled unable, with or without reasonable accommodation, to perform one or more essential functions of his or her position as a an employee of the Company as the result of his or her incapacity due to physical or mental illnessimpairment for more than 90 days (not necessarily consecutive) in any 180-day period. 4.

Disability. For purposes of this Agreement, “Disability” shall mean the means Executive’s absence from inability to perform the full-time performance essential functions of the Executive’s duties (as such duties existed immediately prior to such absence) position, with or without reasonable accommodation, for a period of 90 out of 180 consecutive business days, when as determined by the Executive is disabled as a result of incapacity due to physical or mental illnessCompany in good faith.

Disability. For purposes of this Agreement, “Disability” shall mean a physical or mental infirmity which impairs the Executive’s absence from ability to substantially perform his duties with the fullCompany for a period of one-hundred eighty (180) consecutive days, and the Executive has not returned to his full time performance employment prior to the Termination Date as stated in the “Notice of the Executive’s duties Termination” (as such duties existed immediately prior to such absence) for 180 consecutive business days, when the Executive is disabled as a result of incapacity due to physical or mental illnesshereinafter defined).

Disability. For purposes of this Agreement, “Disability” "DISABILITY" shall mean a physical or mental infirmity which impairs the Executive’s absence from 's ability to substantially perform his or her duties with the Company for six (6) consecutive months, and within the time period set forth in a Notice of Termination given to the Executive (which time period shall not be less than thirty (30) days), the Executive shall not have returned to full-time performance of the Executive’s duties (as such duties existed immediately prior to such absence) for 180 consecutive business days, when the Executive is disabled as a result of incapacity due to physical his or mental illnessher duties.

Disability. For purposes of this Agreement, “Disability” shall mean means the inability of Executive, due to a physical or mental impairment, to perform the essential functions of Executive’s absence from the fullposition, with or without reasonable accommodation, for a total of ninety (90) days in any 360-time performance of the Executive’s duties (as such duties existed immediately prior to such absence) for 180 consecutive business days, when the day period. Whether Executive is disabled as a result of incapacity due to physical will be determined by the Company based on evidence provided by one or mental illnessmore physicians selected by the Company.

Disability. For purposes of this Agreement, “Disability” shall mean the means Executive’s absence from the full-time performance inability by reason of the Executive’s duties (as such duties existed immediately prior to such absence) for 180 consecutive business days, when the Executive is disabled as a result of incapacity due to physical or mental illnessimpairment to perform his/her job duties for a period exceeding twelve (12) consecutive weeks.

Disability. For purposes of this Agreement, “"Disability” " shall mean a physical or mental infirmity which has rendered the Executive unable to substantially perform his or her duties (such term to include performance of the Executive’s 's part-time duties if the Executive is employed on a part-time basis) with the Company for a period of 180 consecutive days, unless within 30 days after the date a Notice of Termination (as defined below) is given by the Company after an absence from for such period the Executive shall have returned to the full-time performance of the Executive’s duties (as such duties existed immediately prior to such absence) for 180 consecutive business days, when the Executive is disabled as a result of incapacity due to physical or mental illnessduties.

Disability. For purposes of this Agreement, “Disability” Disability shall mean the Executive’s absence from 's inability to perform the full-time performance principal duties of the Executive’s duties (as such duties existed immediately prior to such absence) his position for a period of at least 180 consecutive business days, when days due to illness or injury. Disability shall be deemed to exist under this Amended and Restated Employment Agreement if the Executive is disabled as a result of incapacity due shall become eligible to physical receive long-term disability benefits under any plan, policy or mental illnessarrangement maintained by the Company.

Disability. For purposes of this Agreement, “Disability” shall mean the is defined as Executive’s absence from inability to substantially perform his essential job functions as the full-time performance of the Executive’s duties (as such duties existed immediately prior to such absence) for 180 consecutive business days, when the Executive is disabled as a result of incapacity due to a physical or mental illnessdisability or incapacity for a period of 180 days, consecutive or otherwise, in any 360-day period, as determined solely by the Board.

Disability. For purposes of this Agreement, “Disability” shall mean means the inability of Executive’s absence from , due to a physical or mental impairment, to perform the full-time performance essential functions of the Executive’s duties position, with or without reasonable accommodation, for a period of ninety (as such duties existed immediately prior to such absence90) for 180 consecutive business days, when the . Whether Executive is disabled as a result of incapacity due to physical shall be determined by the Company based on evidence provided by one or mental illnessmore physicians selected by the Company.

Disability. For purposes of this Agreement, “Disability” shall mean a physical or mental infirmity which impairs the Executive’s absence from ability to substantially perform his or her duties with the full-Company for a period of ninety (90) consecutive days, and the Executive has not returned to his or her full time performance of the Executive’s duties (as such duties existed immediately employment prior to such absence) for 180 consecutive business days, when the Executive is disabled as a result of incapacity due to physical or mental illnessTermination Date.

Disability. For purposes of this Agreement, “"Disability” " shall mean the ---------- Executive’s 's absence from the full-time performance of the Executive’s 's duties (as such duties existed immediately prior to such absence) for 180 consecutive business days, when the Executive is disabled days as a result of incapacity due to physical or mental illness.

Disability. For purposes of this Agreement, “Disability” shall mean the Executive’s absence from the full-time performance of the Executive’s duties (as such duties existed immediately prior to such absence) for 180 consecutive business days, when the Executive is disabled as a result of incapacity due to physical or mental illness, as determined by a physician mutually agreed upon by the Executive and the Company for such purpose.

Disability. For purposes of this Agreement, “Disability” shall mean the Executive’s absence incapacity due to physical or mental illness in which Executive shall have been absent from the full-time performance of the Executive’s duties with the Company for a period of ninety (as such duties existed immediately prior 90) consecutive days and, within thirty (30) days after written notice is provided to such absence) for 180 consecutive business daysExecutive by the Company (in accordance with Section 4 above), when Executive shall not have returned to the full-time performance of Executive’s duties, subject to the Company’s obligations to provide Executive is disabled as a result of incapacity due with reasonable accommodations in connection therewith that do not cause undue hardship to physical or mental illnessthe Company.

Disability. For purposes of this Agreement, “Disability” shall mean the means Executive’s absence from the Executive’s full-time performance of duties with the Executive’s duties (as such duties existed immediately prior to such absence) Company for 180 consecutive business days, when the Executive is disabled calendar days as a result of Executive’s incapacity due to physical or mental illness, as determined by Executive’s attending physician and in accordance with the Company’s Medical Leave of Absence Policy, unless within 30 days after notice of termination by the Company following such absence Executive shall have returned to the full-time performance of Executive’s duties. This Agreement does not apply if the Executive is terminated due to Disability.

Disability. For purposes of this Agreement, The term “Disability” as used in this Agreement shall mean the Executive’s absence from inability to perform the fullessential functions of his position, with or without reasonable accommodation by the Company, for an aggregate of 120 days (whether or not consecutive) during any 12-time performance month period during the course of the Executive’s duties (as such duties existed immediately prior to such absence) for 180 consecutive business days, when the Executive is disabled as a result of incapacity due to physical or mental illnessemployment.

Disability. For purposes of this Agreement, “"Disability” " shall mean the Executive’s 's absence from the full-time performance of the Executive’s 's duties (as such duties existed immediately prior to such absence) for 180 consecutive business days, when the Executive is disabled as a result of incapacity due to physical or mental illness.. (c)

Disability. For purposes of this Agreement, “"Disability” shall mean " means the inability of Executive’s absence from , due to a physical or mental impairment, to perform the full-time performance essential functions of the Executive’s duties 's position, with or without reasonable accommodation, for a period of ninety (as such duties existed immediately prior to such absence90) for 180 consecutive business days, when the . Whether Executive is disabled as a result of incapacity due to physical shall be determined by the Company based on evidence provided by one or mental illnessmore physicians selected by the Company.

Disability. For purposes of this Agreement, “Disability” shall mean the Executive’s absence from the full-time performance of the Executive’s duties (as such duties existed immediately prior to such absence) for 180 consecutive business days, when the Executive is disabled as a result of incapacity due to physical or mental illness, as determined by a physician selected by the Executive and approved by the Company for such purpose (such approval not to be unreasonably withheld).

Disability. For purposes of this Agreement, “Disabled” and “Disability” shall mean the Executive’s absence from the full-time performance of the Executive’s duties (as such duties existed immediately prior to such absence) for 180 consecutive business days, when the Executive is disabled as a result of incapacity due to physical or mental illnessimpairment that, even with reasonable accommodation, prevents Executive from performing the essential functions of Executive’s job for a period of 60 consecutive days or for shorter periods aggregating 90 days or more during the Term of this Agreement.

Disability. For purposes of this their Agreement, “"Disability” " shall mean the absence of Executive from Executive’s absence from the 's duties with Company on a full-time performance of the Executive’s duties (as such duties existed immediately prior to such absence) basis for 180 consecutive business days, when the Executive is disabled days as a result of incapacity due to mental or physical illness which is determined to be total and permanent by a physician selected by Company or mental illnessits insurers and acceptable to Executive or Executive's legal representative (such agreement as to acceptability not to be withheld unreasonably).

Disability. For purposes of The term "Disability" as used in this Agreement, “Disability” Agreement shall mean the Executive’s absence 's incapacity due to physical or mental illness which shall have caused the Executive to have been absent from his or her duties with the Company or the Spin-Off Purchaser, as the case may be, on a full-time basis for six months and the Executive shall not have returned to the full-time performance of the Executive’s 's duties within 30 days after written Notice of Termination (as such duties existed immediately prior to such absencedefined in paragraph 4(e) for 180 consecutive business daysbelow) has been given by the Company or the Spin-Off Purchaser, when as the Executive is disabled as a result of incapacity due to physical or mental illnesscase may be.

Disability. For purposes of this Agreement, “Disability” shall mean the means Executive’s absence from the full-time performance of the inability to perform Executive’s duties (as such duties existed immediately prior to such absence) for 180 consecutive business days, when the Executive is disabled as a result of incapacity due to Executive’s physical or mental illnessincapacity, as reasonably determined by a physician appointed by the Board and reasonably acceptable to Executive, for an aggregate of 180 days in any 365 consecutive day period.

Disability. For purposes of this Agreement, “"Disability” " shall mean the absence of Executive from Executive’s absence from 's duties with the Company on a full-time performance of the Executive’s duties (as such duties existed immediately prior to such absence) basis for 180 consecutive business days, when the Executive is disabled days as a result of incapacity due to mental or physical illness which is determined to be total and permanent by a physician selected by the Company or mental illnessits insurers and acceptable to Executive or Executive's legal representative, such agreement as to acceptability not to be withheld unreasonably.

Disability. For purposes of this Agreement, “"Disability” " shall mean be defined as the Executive’s absence from the full-time performance inability of the Executive’s Executive to perform his material duties (as such duties existed immediately prior to such absence) for 180 consecutive business days, when the Executive is disabled as a result of incapacity hereunder due to the same or related physical or mental illnessinjury, infirmity or incapacity for 180 days in any 365 day period.

Disability. For purposes of this Agreement, “"Disability” shall mean " means Executive's inability to perform the essential functions of Executive’s absence from the full-time performance 's position, with or without reasonable accommodation, for a period of the Executive’s duties (as such duties existed immediately prior to such absence) for 90 out of 180 consecutive business days, when as determined by the Executive is disabled as a result of incapacity due to physical or mental illnessCompany in good faith.

Disability. For purposes of this Agreement, “"Disability” shall mean the " means Executive’s 's absence from the full-time performance of the Executive’s 's duties (as such duties existed immediately prior to such absence) hereunder for 180 six consecutive business days, when the Executive is disabled months as a result of his incapacity due to physical or mental illnessillness or disability, and, within 30 days after written notice of termination is thereafter given by the Company, Executive shall have not returned to the full-time performance of such duties.

Disability. For purposes of The term "Disability" as used in this Agreement, “Disability” Agreement shall mean the Executive’s absence 's incapacity due to physical or mental illness which shall have caused the Executive to have been absent from his or her duties with the Company or the Spin- Off Purchaser, as the case may be, on a full-time basis for six months and the Executive shall not have returned to the full-time performance of the Executive’s 's duties within 30 days after written Notice of Termination (as such duties existed immediately prior to such absencedefined in paragraph 4(e) for 180 consecutive business daysbelow) has been given by the Company or the Spin-Off Purchaser, when as the Executive is disabled as a result of incapacity due to physical or mental illnesscase may be.

Disability. For purposes of this Agreement, “"Disability” " shall mean the Executive’s 's absence from the full-time performance of the Executive’s 's duties (as such duties existed immediately prior to such absence) for 180 consecutive business days, when the Executive is disabled as a result of incapacity due to physical or mental illness, as determined by a physician selected by the Executive and approved by the Company for such purpose (such approval not to be unreasonably withheld).

Disability. For purposes of this Agreement, “"Disability” shall mean " is defined as Executive's inability to substantially perform his essential job functions as the Executive’s absence from the full-time performance of the Executive’s duties (as such duties existed immediately prior to such absence) for 180 consecutive business days, when the Executive is disabled as a result of incapacity due to a physical or mental illnessdisability or incapacity for a period of 180 days, consecutive or otherwise, in any 360-day period.

Disability. For purposes of this Agreement, “Disability” shall mean means the Executive’s absence of the Executive from the full-time performance of the Executive’s duties (as such duties existed immediately prior to such absence) with the Company on a full-time basis for 180 consecutive business days, when the Executive is disabled days as a result of incapacity due to physical or mental illnessillness or injury, which is determined to be total and permanent by a physician selected by the Company or its insurers and acceptable to the Executive or the Executive’s legal representative (such agreement as to acceptability not to be withheld unreasonably).