Common use of Due to Disability Clause in Contracts

Due to Disability. Unless otherwise prohibited by law, Executive’s employment with the Company will terminate on the effective date of Executive’s Disability, as defined below. For purposes of this Section 5.2, the term “Disability” means that Executive with or without any accommodation required by law is, by reason of any medically determinable physical or mental impairment that can be expected to result in death or can be expected to last for a continuous period of not less than 12 months, receiving income replacement benefits for a period of not less than 3 months under an accident and health plan covering employees of the Company. The effective date of Executive’s Disability is the last day of the third month on which Executive receives the income replacement benefits.

Due to Disability. Unless otherwise prohibited by law, Executive’s employment with the Company will terminate on the effective date of Executive’s Disability, as defined below. For purposes of this Section 5.2, the term “Disability” means that Executive with or without any accommodation required by law law, is, by reason of any medically determinable physical or mental impairment that can be expected to result in death or can be expected to last for a continuous period of not less than 12 months, receiving income replacement benefits for a period of not less than 3 months under an accident and health plan covering employees of the Company. The effective date of Executive’s Disability is the last day of the third month on for which Executive receives the income replacement benefits.