Death or Disability definition

Death or Disability means the termination of Executive’s employment due to his death or Company’s termination of Executive’s employment due to Executive having become incapacitated by accident, sickness, or other circumstances which, in the opinion of a physician selected or approved by Company, has rendered him mentally or physically incapable of substantially performing the duties and services required of him hereunder, and such incapacity has continued for a period of at least 180 consecutive days.

Death or Disability means Executive’s (i) death; or (ii) becoming incapacitated or disabled so as to entitle Executive to benefits under Employer’s long-term disability plan; or (iii) becoming permanently and totally unable to perform Executive’s duties for Employer, with or without reasonable accommodation, as a result of any physical or mental impairment supported by a written opinion by a physician jointly selected by Employer and Executive.

Death or Disability means: (i) Executive is dead, declared dead, or is missing and his whereabouts unknown for three (3) consecutive months; or (ii) Executive becomes physically or mentally incapacitated and is unable to perform the normal duties of his position for at least six (6) consecutive months during any one (1) year period, not limited to a calendar year. If the Parties disagree about whether Executive is disabled, ACS shall obtain an independent physician’s opinion. Executive’s refusal or failure to submit to an examination by a physician selected by the Company and reasonably acceptable to Executive shall be conclusive evidence of Executive’s Disability.

Examples of Death or Disability in a sentence

• Upon termination of this Agreement under Section 3.3 (Early Termination by Executive), Section 3.4 (Termination for Cause) or Section 3.5 (Termination Due to Death or Disability), all salary and benefits of Executive hereunder shall cease immediately.

• If the Executive's employment shall be terminated by the Company other than for Termination for Cause, Retirement, Death or Disability or by the Executive within three years after a Change in Control of the Company for Good Reason, then for an (8) year period after such termination, the Company shall arrange to provide the Executive with life, disability, Health and accident insurance benefits substantially similar to those that the Executive was receiving immediately prior to the Notice of Termination.

• Any installments of the Death or Disability Payment that, in accordance with customary payroll practices, would have typically been made during the Release Consideration Period shall accumulate and shall then be paid on the Initial Payment Date.

• At any time at the option of the Company, without Cause; provided, that a termination of the Executive’s employment hereunder by the Company based on Retirement, Death, or Disability shall not be deemed to be a termination without Cause.

• If Executive’s employment should terminate on his death, if the Company should terminate his employment for Cause or due to his Disability, or if he should terminate his employment without Good Reason during the Employment Period, other than as a consequence of Employment-Related Death or Disability, the Company shall pay to Executive (or to his estate in the event of his death) the Accrued Obligations within thirty (30) days following the Date of Termination.

More Definitions of Death or Disability

Death or Disability means with respect to any individual, such individual’s (i) death or (ii) incapacity due to physical or mental illness, resulting in such individual being unable to perform his or her duties under such individual’s employment agreement for a period of six (6) consecutive months or for 180 days within any 365-day period.

Death or Disability as defined in Section 5.1; or

Death or Disability means the termination of Executive's employment due to his death or Company's termination of Executive's employment due to Executive having become incapacitated by accident, sickness, or other circumstances which, in the opinion of a physician selected or approved by Company, has rendered him mentally or physically incapable of substantially performing the duties and services required of him hereunder, and such incapacity has continued for a period of at least 180 consecutive days.

Death or Disability means: (i) Employee's death during the Term, or (ii) termination of Employee's employment by the Company on account of Employee's injury or illness (physical or mental) which renders Employee unable to perform his duties with substantially the same level of quality as performed immediately prior to such injury or illness for a period of 180 consecutive days or more, as reasonably determined by the Company.

Death or Disability. An unvested Special Retention Award held by a Participant, who dies while an employee or who is permanently and totally disabled while an employee, is not forfeited but vests on the original stated vesting date set forth in paragraph 2. A Participant is deemed to be permanently and totally disabled if the Participant is unable to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to result in death or which has lasted or can be expected to last for a continuous period of not less than 12 months. A Participant shall not be considered to be permanently and totally disabled unless the Participant furnishes proof of the existence thereof in such form and manner, and at such times, as the Company may require. In the event of a dispute, the determination whether a Participant is permanently and totally disabled will be made by the Committee or its delegate.

Death or Disability means the death of a natural person or the suffering of a physical or mental disability by a natural person as a result of which such person is unable to perform his or her normal services for the Company or GXYF for a period of six consecutive months.

Death or Disability. If an optionee's employment or status as an officer is terminated by death or disability, such optionee or such optionee's qualified representative (in the event of the optionee's mental disability) or the optionee's estate (in the event of the optionee's death) shall have the right for a period of twelve (12) months following the date of such death or disability to exercise the option to the extent the optionee was entitled to exercise such option on the date of the optionee's death or disability, provided the actual date of exercise is in no event after the expiration of the term of the option.