Common use of Upon Disability Clause in Contracts

Upon Disability. Subject to applicable law, the Company may terminate Executive's employment upon 30 days written notice of termination if the Board determines in good faith that Executive is Disabled (as defined below). In the event that Executive elects to challenge the Board's determination based on a disagreement regarding a medical diagnosis concerning Executive (it being understood that all other disagreements shall be resolved pursuant to Section 8), Executive shall notify the Board of his decision, in writing, within 30 days following his receipt of the Board's written notice of termination pursuant to this Section 4(b). Within 30 days following Executive's notice of his election to challenge the Board's determination, the Company and Executive (or his authorized legal representative) shall in good faith attempt to agree on a physician for purposes of examining Executive regarding the disputed medical diagnosis; provided that if the Company and Executive (or his authorized legal representative) cannot agree on a physician within such 30-day period, then the Company and Executive (or his authorized legal representative) shall (i) each select a physician, (ii) use their commercially reasonable efforts to cause their respective selected physicians mutually to select a third physician, and (iii) request such third physician to conduct such examination. If any physician becomes uncooperative during this process, due to no fault of any party hereto, the process shall be repeated until a cooperating physician is selected to perform the examination. The medical opinion of the physician so selected shall be conclusive on the issue of whether Executive is Disabled (to the extent disagreement on such issue is based on a medical diagnosis). "DISABLED" means that Executive is prevented or unable, after reasonable accommodation by the Company, from properly performing his substantial and material duties due to a mental or physical injury or illness for a period of 120 consecutive days (not including any vacation days) in any twelve month period or for a period of 180 total days (not including any vacation days) in any twelve-month period, and "DISABILITY" has the correlative meaning.

Upon Disability. Subject to applicable law, the Company may terminate Executive's employment upon 30 days written notice of termination if the Board determines in good faith that Executive is Disabled (as defined below). In the event that Executive elects to challenge the Board's determination based on a disagreement regarding a medical diagnosis concerning Executive (it being understood that all other disagreements shall be resolved pursuant to Section 8), Executive shall notify the Board of his decision, in writing, within 30 days following his receipt of the Board's written notice of termination pursuant to this Section 4(b). Within 30 days following Executive's notice of his election to challenge the Board's determination, the Company and Executive (or his authorized legal representative) shall in good faith attempt to agree on a physician for purposes of examining Executive regarding the disputed medical diagnosis; provided that if the Company and Executive (or his authorized legal representative) cannot agree on a physician within such 30-day period, then the Company and Executive (or his authorized legal representative) shall (i) each select a physician, (ii) use their commercially reasonable efforts to cause their respective selected physicians mutually to select a third physician, and (iii) request such third physician to conduct such examination. If any physician becomes uncooperative during this process, due to no fault of any party hereto, the process shall be repeated until a cooperating physician is selected to perform the examination. The medical opinion of the physician so selected shall be conclusive on the issue of whether Executive is Disabled (to the extent disagreement on such issue is based on a medical diagnosis). "DISABLED" means that Executive is prevented or unable, after reasonable accommodation by the Company, from properly performing his substantial and material duties due to a mental or physical injury or illness for a period of 120 consecutive days (not including any vacation days) in any twelve month period or for a period of 180 total days (not including any vacation days) in any twelve-month period, and "DISABILITY" has the correlative meaning.and

Upon Disability. Subject to applicable law, the Company may terminate Executive's employment upon 30 days written notice of termination if the Board determines in good faith that Executive is Disabled (as defined below). In the event that Executive elects to challenge the Board's determination based on a disagreement regarding a medical diagnosis concerning Executive (it being understood that all other disagreements shall be resolved pursuant to Section 8), Executive shall notify the Board of his decision, in writing, within 30 days following his receipt of the Board's written notice of termination pursuant to this Section 4(b). Within 30 days following Executive's notice of his election to challenge the Board's determination, the Company and Executive (or his authorized legal representative) shall in good faith attempt to agree on a physician for purposes of examining Executive regarding the disputed medical diagnosis; provided that if the Company and Executive (or his authorized legal representative) cannot agree on a physician within such 30-day period, then the Company and Executive (or his authorized legal representative) shall (i) each select a physician, (ii) use their commercially reasonable efforts to cause their respective selected physicians mutually to select a third physician, and (iii) request such third physician to conduct such examination. If any physician becomes uncooperative during this process, due to no fault of any party hereto, the process shall be repeated until a cooperating physician is selected to perform the examination. The medical opinion of the physician so selected shall be conclusive on the issue of whether Executive is Disabled (to the extent disagreement on such issue is based on a medical diagnosis). "DISABLED" means that Executive is prevented or unable, after reasonable accommodation by the Company, from properly performing his substantial and material duties due to a mental or physical injury or illness for a period of 120 consecutive days (not including any vacation days) in any twelve month period or for a period of 180 total days (not including any vacation days) in any twelve-month period, and "DISABILITY" has the correlative meaning.extent

Upon Disability. Subject to applicable law, the Company SpaceDev may terminate Executive's Tibbitts' employment upon 30 days written notice of termination if the Board xx xxx Xoard determines in good faith that Executive Tibbitts is Disabled (as defined below). In the event that Executive elects Tibbitxx xxxxts to challenge the Board's determination based on a disagreement xxxxxxxxment regarding a medical diagnosis concerning Executive Tibbitts (it being understood that all other disagreements shall be resolved shalx xx xxxolved pursuant to Section 8)9), Executive Tibbitts shall notify the Board of his decision, in writing, within 30 days 00 xxxx following his receipt of the Board's written notice of termination pursuant to this Section 4(b). Within 30 days following Executive's Tibbitts' notice of his election to challenge the Board's determinationdetermixxxxxx, the Company SpaceDev and Executive Tibbitts (or his authorized legal representative) shall in good faith attempt fxxxx xxxempt to agree on a physician for purposes of examining Executive Tibbitts regarding the disputed medical diagnosis; provided that if the Company thxx xx XxaceDev and Executive Tibbitts (or his authorized legal representative) cannot agree on a physician x xxxxician within such 30-day period, then the Company SpaceDev and Executive Tibbitts (or his authorized legal representative) shall (i) each select exxx xxxxct a physician, (ii) use their commercially reasonable efforts to cause their respective selected physicians mutually to select a third physician, and (iii) request such third physician to conduct such examination. If any physician becomes uncooperative during this process, due to no fault of any party hereto, the process shall be repeated until a cooperating physician is selected to perform the examination. The medical opinion of the physician so selected shall be conclusive on the issue of whether Executive Tibbitts is Disabled (to the extent disagreement on such issue is based on xxxxx xx a medical diagnosis). "DISABLED" means that Executive Tibbitts is prevented or unable, after reasonable accommodation by the Companyaccommodatixx xx XpaceDev, from properly performing his substantial and material duties due to a mental or physical injury or illness for a period of 120 consecutive days (not including any vacation days) in any twelve month period or for a period of 180 total days (not including any vacation days) in any twelve-month period, and "DISABILITY" has the correlative meaning.