Common use of Removal from Position Upon Disability Clause in Contracts

Removal from Position Upon Disability. If during the Term, as a result of a physical or mental incapacity or infirmity, the Executive is unable to perform the essential functions of his job with or without reasonable accommodation for a period or periods aggregating 90 days during any 12-month period, the Executive shall be deemed disabled (his “Disability”) and the Company, by written notice to the Executive, shall have the right to remove him from his position. The Executive’s status as an inactive employee of the Company shall continue after such removal for the period of time that his Disability continues. However, the Company shall have no obligation to reinstate or otherwise continue the Executive’s employment if he should recover from his Disability and any such termination shall not constitute a termination without Cause or without Good Reason (as herein defined). The existence of his Disability shall be determined by a reputable, licensed physician selected by the Company in good faith, whose determination shall be final and binding on the parties.

Appears in 7 contracts

Samples: Employment Agreement (Monro, Inc.), Employment Agreement (Monro, Inc.), Employment Agreement (Monro, Inc.)

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Removal from Position Upon Disability. If during the Term, as a result of a physical or mental incapacity or infirmity, the Executive is unable to perform the essential functions of his job with or without reasonable accommodation for a period or periods aggregating 90 days during any 12-twelve month period, the Executive shall be deemed disabled (his the “Disability”) and the Company, by written notice to the Executive, shall have the right to remove him from his position. The Executive’s status as an inactive employee of the Company shall continue after such removal for the period of time that his Disability continues. However, the Company shall have no obligation to reinstate or otherwise continue the Executive’s employment if he should recover from his Disability and any such termination shall not constitute a termination without Cause or without Good Reason (as herein defined). The existence of his a Disability shall be determined by a reputable, licensed physician selected by the Company in good faith, whose determination shall be final and binding on the parties.

Appears in 5 contracts

Samples: Employment Agreement (Monro Muffler Brake Inc), Employment Agreement (Monro Muffler Brake Inc), Employment Agreement (Monro Muffler Brake Inc)

Removal from Position Upon Disability. If during the Term, as a result of a physical or mental incapacity or infirmity, the Executive is unable to perform the essential functions of his job with or without reasonable accommodation for a period or periods aggregating 90 days during any 12-twelve month period, the Executive shall be deemed disabled (his the “Disability”) and the Company, by written notice to the Executive, shall have the right to remove him from his position. The Executive’s status as an inactive employee of the Company shall continue after such removal for the period of time that his Disability continues. However, the Company shall have no obligation to reinstate or otherwise continue the Executive’s employment if he should recover from his Disability and any such termination shall not constitute a termination without Cause or without Good Reason (as herein defined). The existence of his a Disability shall be determined by a reputable, licensed physician selected by the Company in good faith, whose determination shall be final and binding on the parties.

Appears in 3 contracts

Samples: Employment Agreement (Monro Muffler Brake Inc), Employment Agreement (Monro Muffler Brake Inc), Employment Agreement (Monro Muffler Brake Inc)

Removal from Position Upon Disability. If during the TermExecutive’s employment, as a result of a physical or mental incapacity or infirmity, the Executive is unable to perform the essential functions of his job with or without reasonable accommodation for a period or periods aggregating 90 days during any 12-month periodof six (6) continuous months, the Executive shall be deemed disabled (his “Disability”) and the Company, by written notice to the Executive, shall have the right to remove him from his position. The Executive’s status as an inactive employee of the Company shall continue after such removal for the period of time that his Disability continues. However, the Company shall have no obligation to reinstate or otherwise continue the Executive’s employment if he should recover from his Disability and any such termination shall not constitute a termination without Cause or without Good Reason (as herein defined). The existence of his a Disability shall be determined by a reputable, licensed physician selected by the Company in good faith, whose determination shall be final and binding on the parties.

Appears in 3 contracts

Samples: Employment Agreement (Iec Electronics Corp), Employment Agreement (Iec Electronics Corp), Employment Agreement (Iec Electronics Corp)

Removal from Position Upon Disability. If during the Term, as a result of a physical or mental incapacity or infirmity, the Executive is unable to perform the essential functions of his her job with or without reasonable accommodation for a period or periods aggregating 90 days during any 12-twelve month period, the Executive shall be deemed disabled (his the “Disability”) and the Company, by written notice to the Executive, shall have the right to remove him her from his her position. The Executive’s status as an inactive employee of the Company shall continue after such removal for the period of time that his her Disability continues. However, the Company shall have no obligation to reinstate or otherwise continue the Executive’s employment if he she should recover from his her Disability and any such termination shall not constitute a termination without Cause or without Good Reason (as herein defined). The existence of his a Disability shall be determined by a reputable, licensed physician selected by the Company in good faith, whose determination shall be final and binding on the parties.

Appears in 2 contracts

Samples: Employment Agreement (Monro Muffler Brake Inc), Employment Agreement (Monro Muffler Brake Inc)

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Removal from Position Upon Disability. If during the Term, as a result of a physical or mental incapacity or infirmity, the Executive is unable to perform the essential functions of his her job with or without reasonable accommodation for a period or periods aggregating 90 days during any 12-twelve month period, the Executive shall be deemed disabled (his the “Disability”) and the Company, by written notice to the Executive, shall have the right to remove him her from his her position. The Executive’s status as an inactive employee of the Company shall continue after such removal for the period of time that his her Disability continues. However, the Company shall have no obligation to reinstate or otherwise continue the Executive’s employment if he she should recover from his her Disability and any such termination shall not constitute a termination without Cause or without Good Reason (as herein defined). The existence of his a Disability shall be determined by a reputable, licensed physician selected by the Company in good faith, whose determination shall be final and binding on the parties.

Appears in 1 contract

Samples: Employment Agreement (Monro Muffler Brake Inc)

Removal from Position Upon Disability. If during the Term, as a result of a physical or mental incapacity or infirmity, the Executive is unable to perform the essential functions of his job with or without reasonable accommodation for a period or periods aggregating 90 days during any 12-month periodof six (6) continuous months, the Executive shall be deemed disabled (his “"Disability") and the Company, by written notice to the Executive, shall have the right to remove him from his position. The Executive’s 's status as an inactive employee of the Company shall continue after such removal for the period of time that his Disability continues. However, the Company shall have no obligation to reinstate or otherwise continue the Executive’s 's employment if he should recover from his Disability and any such termination shall not constitute a termination without Cause or without Good Reason (as herein defined). The existence of his a Disability shall be determined by a reputable, licensed physician selected by the Company in good faith, whose determination shall be final and binding on the parties.

Appears in 1 contract

Samples: Employment Agreement (Iec Electronics Corp)

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