Examples of Disabled or Incapacitated in a sentence
If the Company determines in good faith that Executive is Disabled or Incapacitated during the Employment Term (pursuant to the definition of Disabled or Incapacitated set forth below), the Company may give Executive written notice in accordance with Section 3(d) of its intention to terminate Executive’s employment.
The term Permanently Disabled or Incapacitated means having any ailment or condition which prevents the Employee from actively carrying out the duties hereunder for the Company for a consecutive period of one hundred twenty (120) days or for one hundred and twenty (120) days in any 12-month period.
Executive shall not be deemed Disabled or Incapacitated if Executive can perform and does satisfactorily perform all essential functions of the job with a reasonable accommodation, where such accommodation does not present an undue hardship to the Company.
The Agreement shall terminate in the event the Employee becomes Permanently Disabled or Incapacitated.
Whether Xxxxxx is Disabled or Incapacitated shall be determined by a physician selected by the Board of Directors of the Company (the “Board”) or the Company’s insurers, which physician is reasonably acceptable to Xxxxxx.