Common use of Upon Death or Disability Clause in Contracts

Upon Death or Disability. The employment of the Employee shall automatically terminate upon the death of the Employee and may be terminated by the Company upon the “Disability” (as defined below) of the Employee. For purposes of this Section 10.2, the Employee shall be deemed “Disabled” (and termination of his employment shall be deemed to be due to such “Disability”) if an independent medical doctor (selected by the Company’s applicable health or disability insurer) certifies that the Employee, for a cumulative period of more than 120 days during any 365-day period, has been disabled in a manner which seriously interferes with his ability to perform the essential functions of his job even with a reasonable accommodation to the extent required by law. Any refusal by the Employee to submit to a medical examination for the purpose of certifying Disability shall be deemed conclusively to constitute evidence of the Employee’s Disability.