Common use of Due to Disability Clause in Contracts

Due to Disability. If the Executive incurs a “Disability” (as defined below) during the Term, then the Company, in its sole discretion, shall be entitled to terminate the Executive’s employment immediately upon written notice to the Executive of such decision. For purposes of this Agreement, “Disability” shall mean a physical or mental impairment that prevents the Executive from performing the essential duties of his position, with or without reasonable accommodation, for (i) a period of 90 consecutive calendar days or (ii) an aggregate of 90 work days in any period of six months. The determination of whether the Executive incurred a Disability shall be made by the Board, in its sole discretion, after consultation with the Executive’s physician.

Due to Disability. If the Executive incurs a “Disability” Disability (as defined below) during the TermEmployment Period, then the Company, in its sole discretion, shall be entitled to terminate the Executive’s employment immediately upon written notice to the Executive of such decision. For purposes of this Agreement, “Disability” shall mean a physical or mental impairment that prevents the Executive from performing the essential duties of his Executive’s position, with or without reasonable accommodation, for (i) a period of 90 sixty (60) consecutive calendar days days, or (ii) an aggregate of 90 sixty (60) work days in any period of six months(6) month period. The determination of whether the Executive incurred a Disability shall be made by the BoardCompany, in its sole discretion, after consultation with the Executive’s physician. Executive agrees to submit to an examination by a physician selected by the Company and to authorize Executive’s physician to disclose and speak with the Company regarding Executive’s impairment.

Due to Disability. If the Executive incurs a “Disability” Disability (as defined below) during the Term, then the Company, in its sole discretion, shall be entitled to terminate the Executive’s employment immediately upon written notice to the Executive of such decision. For purposes of this Agreement, “Disability” shall mean a physical or mental impairment that prevents the Executive from performing the essential duties of his her position, with or without reasonable accommodation, for (i) a period of 90 ninety (90) consecutive calendar days or (ii) an aggregate of 90 ninety (90) work days in any period of six (6) months. The determination of whether the Executive incurred a Disability shall be made by the Board, in its sole discretiongood faith, after consultation with the Executive’s physician. The Executive acknowledges that the Company regards her as a “key employee” under the Family and Medical Leave Act, to the extent that Act is applicable.