Inability to Perform definition

Inability to Perform means and shall be deemed to have occurred if Executive has been determined under Employer’s long-term disability plan to be eligible for long-term disability benefits. In the absence of Executive’s participation in, application for benefits under, or existence of such a plan, “Inability to Perform” means a finding by the Board in its sole judgment that Executive is, despite any reasonable accommodation required by law, unable to perform the essential functions of his position because of an illness or injury for (i) 60% or more of the normal working days during six consecutive calendar months or (ii) 40% or more of the normal working days during twelve consecutive calendar months.

Inability to Perform means and shall be deemed to have occurred if the Participant has been determined under the Company’s or any co-employer’s long-term disability plan to be eligible for long-term disability benefits. In the absence of the Participant’s participation in, application for benefits under, or existence of such a plan, “Inability to Perform” means a finding by the Committee in its sole judgment that the Participant is, despite any reasonable accommodation required by law, unable to perform the essential functions of his position because of an illness or injury for (a) 60% or more of the normal working days during six consecutive calendar months or (b) 40% or more of the normal working days during twelve consecutive calendar months.

Inability to Perform means and shall be deemed to have occurred if Executive has been determined under the Company's long term disability plan to be eligible for long-term disability benefits or, in the event the Company does not maintain such a plan or in the absence of Executive's participation in or application for benefits under such a plan, such term shall mean the inability of Executive, despite any reasonable accommodation required by law, due to bodily injury or disease or any other physical or mental incapacity, to perform the services required hereunder for a period of ninety (90) consecutive days; or

Examples of Inability to Perform in a sentence

• This Agreement shall terminate immediately if the Executive dies and may be terminated upon notice to the Executive by the Company of his Inability to Perform (as defined below).

• If Executive’s employment hereunder shall terminate on account of his death or Inability to Perform, then all compensation and all benefits to Executive hereunder shall terminate contemporaneously with such termination of employment, except that Executive (or Executive’s legal representative, estate, and/or beneficiaries, as the case may be) shall be entitled to receive the Accrued Obligations (as defined below).

• For the avoidance of doubt, Executive shall not be entitled to the Separation Benefits if this Agreement is terminated (i) due to Executive’s death; (ii) by the Company due to Executive’s Inability to Perform; (iii) by the Company for Cause; (iv) by Executive without Good Reason; or (v) by non-renewal by Executive in accordance with Sections 3(b) and 5(f).

• For the avoidance of doubt, Executive shall not be entitled to the Change-in-Control Benefits if this Agreement is terminated (i) due to Executive’s death; (ii) by the Company due to Executive’s Inability to Perform; (iii) by the Company for Cause; (iv) by Executive without Good Reason; or (v) by non-renewal by Executive in accordance with Sections 3(b) and 5(f).

• The Company may terminate this Agreement for no reason or any reason other than death, Inability to Perform, or for Cause by providing at least fifteen (15) days’ advance written notice to Executive that the Company is terminating the Agreement without Cause.

More Definitions of Inability to Perform

Inability to Perform shall be deemed to occur when: (i) Employee receives disability benefits under the Company’s applicable long-term-disability plan; or (ii) the Board, upon the written report of a qualified physician designated by the Company or its insurer, has determined in its sole discretion (after a complete physical examination of Employee at any time after he has been absent for a period of at least 90 consecutive calendar days or 120 calendar days in any 12-month period) that Employee has become physically or mentally incapable of performing his essential job functions with or without reasonable accommodation as required by law.

Inability to Perform means and shall be deemed to have occurred if Executive has been determined under Employer’s long-term disability plan, if any, to be eligible for long-term disability benefits. In the absence of Executive’s participation in, application for benefits under, or existence of such a plan, “Inability to Perform” means Executive’s inability to perform the essential functions of his position with Employer because of an illness or injury for (i) a period of six consecutive months or (ii) an aggregate of six months within any period of 12 consecutive months.

Inability to Perform means the Executive’s inability to perform all of the Executive’s duties hereunder by reason of illness, physical or mental incapacity or other similar condition, as determined by the Board in its sole discretion, which inability shall exist for more than ninety (90) days.

Inability to Perform means and shall be deemed to have occurred if (a) Employee has been determined under the Company’s or an Affiliate’s long-term disability plan to be eligible for long-term disability benefits, or (b) in the absence of, or Employee’s participation in or application for benefits under, such a plan, Employee’s inability to perform the essential functions of his position, despite any reasonable accommodation required by law, by reason of an illness or injury for (i) 180 consecutive calendar days or (ii) an aggregate of 180 calendar days during any period of 12 consecutive months, as determined by the Board or the President in its or his sole discretion.

Inability to Perform has the meaning assigned to such term in the Employment Agreement.

Inability to Perform means a finding by the Company in its sole judgment that Executive is, despite any reasonable accommodation required by law, unable to perform the essential functions of his position because of an illness or injury for (i) sixty (60)% or more of the normal working days during six (6) consecutive calendar months or (ii) forty (40)% or more of the normal working days during twelve (12) consecutive calendar months.

Inability to Perform means and shall be deemed to have occurred if (i) Executive has been determined under Employer’s or an Affiliate’s long-term disability plan to be eligible for long-term disability benefits, or (ii) in the absence of, or Executive’s participation in or application for benefits under, such a plan, Executive’s inability to perform the essential functions of his position, despite any reasonable accommodation required by law, by reason of an illness or injury for (y) 180 consecutive calendar days or (x) an aggregate of 180 calendar days during any period of 12 consecutive months, as determined by physician selected by Executive, with the approval of Employer, with such approval not to be unreasonably withheld.