Termination of Employment or Affiliation by Reason of Disability. Unless the Option has earlier terminated pursuant to the provisions of the Agreement, in the event that Grantee ceases, by reason of Disability, to be an employee of or affiliated (as a director) with the Corporation, the vested portion of the Option may be exercised in whole or in part at any time within twelve (12) months after the date of Disability, but not later than the end of the stated term of the Option. For purposes of this Agreement, Disability shall be as defined in Code Section 22(e)(3) and shall be determined by the Committee, with its determination on the matter being final and binding.
Termination of Employment or Affiliation by Reason of Disability. Unless the Option has earlier terminated pursuant to the provisions of the Agreement, in the event that Grantee ceases, by reason of Disability, to be an employee of or affiliated (as a director or consultant) with the Corporation, all or any part of the Option that was vested as of the date of termination of employment or affiliation may be exercised in whole or in part at any time until the earlier of the end of the Twelve Month Period or the end of the stated term of the Option. For purposes of this Agreement, Disability shall be as defined in Code Section 409A(a)(2)(c) and shall be determined by the Committee, with its determination on the matter being final and binding.
Termination of Employment or Affiliation by Reason of Disability. Unless the Option has earlier terminated pursuant to the provisions of the Agreement, in the event that Grantee ceases, by reason of Disability, to be an employee of or affiliated with the Corporation or an affiliate, the Option shall become fully vested and exercisable and the Option may be exercised, in accordance with the requirements of section 3.3 hereof, in whole or in part at any time within six (6) months after the date of Disability or at any time before the end of the stated term of the Option, whichever is earlier. For purposes of this Agreement, "Disability" shall mean (i) the mutual agreement of the Grantee and the Corporation that Grantee is disabled for purposes of this Agreement, or (ii) the inability of the Grantee to substantially perform Grantee's then present duties and responsibilities with the Corporation by reason of any medically determinable physical or mental impairment which has lasted or can be expected to last for an aggregate of six months in any twelve (12) month period. The Committee may require such proof of Disability as the Committee in its sole and absolute discretion deems appropriate and the Committee's determination as to whether Grantee is Disabled shall be final and binding on all parties concerned.
