Total Disability of Executive. This Agreement and Executive’s employment hereunder shall terminate automatically upon the death or Total Disability of Executive. The term “Total Disability” as used herein shall mean a physical or mental incapacity or disability which renders Executive unable to render the services required hereunder (a), with or without reasonable accommodation, for a period or periods aggregating 180 days in any 12-month period or (b) for a period of 90 consecutive days. Executive and Employer hereby acknowledge that Executive’s ability to perform the duties specified in Section 2 hereof is of the essence of this Agreement. Termination hereunder shall be deemed to be effective immediately upon Executive’s death or a determination by the Board of Directors of Executive’s Total Disability.
Appears in 8 contracts
Samples: Executive Employment and Non Competition Agreement (Papa Murphy's Holdings, Inc.), Executive Employment and Non Competition Agreement (Papa Murphy's Holdings, Inc.), Executive Employment and Non Competition Agreement (Papa Murphy's Holdings, Inc.)
