Common use of Upon Disability Clause in Contracts

Upon Disability. (i) If during the Term, the Executive shall become physically or mentally disabled, whether totally or partially, either permanently or so that the Executive, in the good faith judgment of the Board based on the opinion of a physician selected by the Board who may but need not be the Executive’s normal treating physician, is unable as a result of such disability, with or without a reasonable accommodation, to substantially and competently perform his duties hereunder for a period of ninety (90) consecutive days or for one hundred twenty (120) days during any six-month period (a “Disability”), the Company may terminate the Executive’s employment hereunder. In order to assist the Board in making that determination, the Executive shall, as reasonably requested by the Board, (A) make himself available for medical examinations by one or more physicians chosen by the Board and (B) use his best efforts to cause his own physician(s) to be available to discuss with the Board such Disability.

Upon Disability. (i) If during the Term, the Executive shall become physically or mentally disabled, whether totally or partially, either permanently or so that the Executive, in the good faith judgment of the Board based on the opinion of a physician selected by the Board who may but need not be the Executive’s normal treating physician, is unable as a result of such disability, with or without a reasonable accommodation, to substantially and competently perform his duties hereunder for a period of ninety (90) consecutive days or for one hundred twenty (120) days during any six-six month period (a “Disability”), the Company may terminate the Executive’s employment hereunder. In order to assist the Board in making that determination, the Executive shall, as reasonably requested by the Board, (Aa) make himself available for medical examinations by one or more physicians chosen by the Board and (Bb) use his best efforts to cause his own physician(s) to be available to discuss with the Board such Disability.

Upon Disability. (i) If during the Term, the Executive shall become physically or mentally disabled, whether totally or partially, either permanently permanently, or so that the Executive, in the good faith judgment determination of the Board Board, based on the opinion of a physician selected by the Board Board, who may but need not be the Executive’s normal treating physician, the Executive is unable as a result of such disability, with or without a reasonable accommodation, to substantially and competently perform the essential functions of his duties hereunder for a period of ninety (90) consecutive days or for one hundred twenty (120) days during any six-month period as a result of such disability, with or without a reasonable accommodation (a “Disability”), the Company may terminate the Executive’s employment hereunder. In order to To assist the Board in making that determination, the Executive shall, as reasonably requested by the Board, (A) make himself available for medical examinations by one or more physicians chosen by the Board and (B) use his best all reasonable efforts to cause his own physician(s) to be available to discuss with the Board such Disability.

Upon Disability. (i) If during the Term, the Executive shall become physically or mentally disabled, whether totally or partially, either permanently permanently, or so that the Executive, in the good faith judgment determination of the Board Board, based on the opinion of a physician selected by the Board Board, who may but need not be the Executive’s normal treating physician, the Executive is unable as a result of such disability, with or without a reasonable accommodation, to substantially and competently perform the essential functions of his duties hereunder for a period of ninety (90) consecutive days or for one hundred twenty (120) days during any six-month period as a result of such disability, with or without a reasonable accommodation (a “Disability”), the Company may terminate the Executive’s employment hereunder. In order to To assist the Board in making that determination, the Executive shall, as reasonably requested by the Board, (A) make himself available for medical examinations by one or more physicians chosen by the Board and (B) use his best efforts to cause his own physician(s) to be available to discuss with the Board such Disability.

Upon Disability. (i) If during the Term, the Executive shall become physically or mentally disabled, whether totally or partially, either permanently or so that the Executive, in the good faith judgment of the Board based on the opinion of a physician selected by the Board who may but need not be the Executive’s normal treating physician, is unable as a result of such disability, with or without a reasonable accommodation, to substantially and competently perform the essential functions of his duties hereunder for a period of ninety (90) consecutive days or for one hundred twenty (120) days during any six-month period (a “Disability”), the Company may terminate the Executive’s employment hereunder. In order to assist the Board in making that determination, the Executive shall, as reasonably requested by the Board, (A) make himself available for medical examinations by one or more physicians chosen by the Board and (B) use his best efforts to cause his own physician(s) to be available to discuss with the Board such Disability.