Common use of Inability to Perform Job Duties Clause in Contracts

Inability to Perform Job Duties. If Employee becomes unable to substantially perform his employment duties pursuant to this Agreement due to mental or physical incapacity (a “Disability”), the Company shall continue his compensation under this Agreement at one-half of his regular rate during the first three months of such Disability. Thereafter no compensation shall be payable until such time as Employee becomes able to resume his job duties for the Company, except to the extent any amounts are payable pursuant to any Company-maintained disability insurance. In the event that Employee is Disabled for a cumulative period of greater than six (6) months within any span of twelve (12) months, this Agreement and Employee’s employment may be terminated by the Company. For purposes of this Agreement, Disability shall be determined by a medical doctor who is mutually agreeable to the Company and the Employee; in the event that Company and Employee cannot agree on a medical doctor, then each of Company and Employee shall select a medical doctor, and the selected medical doctors shall select a third medical doctor who shall individually determine whether Disability exists pursuant to this Section. Following a termination of this Agreement by Company pursuant to this Section 5, Company shall pay to Employee all accrued compensation and benefits and all normal post-termination benefits available under any of Company’s retirement plan, insurance programs or other benefit plans.

Inability to Perform Job Duties. If Employee becomes unable to substantially perform his employment duties pursuant to this Agreement due to mental or physical incapacity (a “"Disability”"), the Company shall continue his compensation under this Agreement at one-half of his regular rate during the first three months of such Disability. Thereafter no compensation shall be payable until such time as Employee becomes able to resume his job duties for the Company, except to the extent any amounts are payable pursuant to any Company-maintained disability insurance. In the event that Employee is Disabled for a cumulative period of greater than six (6) months within any span of twelve (12) months, this Agreement and Employee’s 's employment may be terminated by the Company. For purposes of this Agreement, Disability shall be determined by a medical doctor who is mutually agreeable to the Company and the Employee; in the event that Company and Employee cannot agree on a medical doctor, then each of Company and Employee shall select a medical doctor, and the selected medical doctors shall select a third medical doctor who shall individually determine whether Disability exists pursuant to this Section. Following a termination of this Agreement by Company pursuant to this Section 5, Company shall pay to Employee all accrued compensation and benefits and all normal post-termination benefits available under any of Company’s 's retirement plan, insurance programs or other benefit plans.

Inability to Perform Job Duties. If Employee Executive becomes unable to substantially perform his employment duties pursuant to this Agreement due to mental or physical incapacity (a “Disability”), the Company shall continue his compensation under this Agreement at one-half of his regular rate during the first three months of such Disability. Thereafter no compensation shall be payable until such time as Employee Executive becomes able to resume his job duties for the Company, except to the extent any amounts are payable pursuant to any Company-maintained disability insurance. In the event that Employee Executive is Disabled for a cumulative period of greater than six (6) months within any span of twelve (12) months, this Agreement and EmployeeExecutive’s employment may be terminated by the Company. For purposes of this Agreement, Disability shall be determined by a medical doctor who is mutually agreeable to the Company and the EmployeeExecutive; in the event that Company and Employee Executive cannot agree on a medical doctor, then each of Company and Employee Executive shall select a medical doctor, and the selected medical doctors shall select a third medical doctor who shall individually determine whether Disability exists pursuant to this Section. Following a termination of this Agreement by Company pursuant to this Section 5, Company shall pay to Employee Executive all accrued compensation and benefits and all normal post-termination benefits available under any of Company’s retirement plan, insurance programs or other benefit plans.