Common use of Definition of Disability Clause in Contracts

Definition of Disability. For purposes hereof, “Disability” shall mean a physical or mental incapacity of Executive that entitles Executive to benefits under the Company’s long-term disability plan, or, in the absence of such a plan, it is reasonably determined by the Board that Executive is unable to perform, by reason of such physical or mental incapacity, the essential functions of his or her position for a period of at least 180 days in any twelve (12)-month period or that is reasonably expected to result in Executive’s death.

Definition of Disability. For purposes hereof, of this Agreement “Disability” shall mean a any medically determinable physical or mental incapacity of Executive impairment that entitles Executive to benefits under the Company’s long-term disability plan, or, in the absence of such a plan, it is reasonably determined by the Board that Executive is unable to perform, by reason of such physical or mental incapacity, the essential functions of his or her position for a period of at least 180 days in any twelve (12)-month period or that is reasonably can be expected to result in Executive’s deathdeath or that has lasted or can be expected to last for a continuous period of not less than twelve (12) months and renders Executive unable to perform the duties of General Counsel and Executive Vice President, Legal Affairs and Corporate Secretary.

Definition of Disability. For purposes hereof, of this Agreement “Disability” shall mean a any medically determinable physical or mental incapacity of Executive impairment that entitles Executive to benefits under the Company’s long-term disability plan, or, in the absence of such a plan, it is reasonably determined by the Board that Executive is unable to perform, by reason of such physical or mental incapacity, the essential functions of his or her position for a period of at least 180 days in any twelve (12)-month period or that is reasonably can be expected to result in Executive’s deathdeath or that has lasted or can be expected to last for a continuous period of not less than twelve (12) months and renders Executive unable to perform the duties of Executive Vice President, Commercial.

Definition of Disability. For purposes hereof, of this Agreement “Disability” shall mean a any medically determinable physical or mental incapacity of Executive impairment that entitles Executive to benefits under the Company’s long-term disability plan, or, in the absence of such a plan, it is reasonably determined by the Board that Executive is unable to perform, by reason of such physical or mental incapacity, the essential functions of his or her position for a period of at least 180 days in any twelve (12)-month period or that is reasonably can be expected to result in Executive’s deathdeath or that has lasted or can be expected to last for a continuous period of not less than twelve (12) months and renders Executive unable to perform the duties of President & CEO.

Definition of Disability. For purposes hereofof this Agreement, the term “Disability” shall mean a be defined as the Executive’s incapacity due to physical or mental incapacity of Executive that entitles Executive to benefits under illness which results in his or her absence from the Company’s longfull-term disability plan, or, in the absence of such a plan, it is reasonably determined by the Board that Executive is unable to perform, by reason of such physical or mental incapacity, the essential functions time performance of his or her position duties under this Agreement for a period of at least 180 ninety (90) consecutive days during the time he or she is employed by the Company, provided, that in any twelve every case, this clause will not conflict with the Family and Medical Leave Act of 1993 (12)-month period or that is reasonably expected to result in Executive’s deathFMLA).

Definition of Disability. For purposes hereof, “Disability” shall mean a physical or mental incapacity the earlier to occur of Executive that entitles Executive (i) Executive’s entitlement to monthly income replacement benefits under the Company’s a Company plan of long-term disability planinsurance, oror (ii) Executive’s inability to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment that can be expected to result in death or that can be expected to last for a continuous period of not less than twelve (12) months, in the absence of such a plan, it is reasonably each case as determined by the Board that Executive is unable to perform, by reason of such physical or mental incapacity, the essential functions of his or her position for a period of at least 180 days in any twelve (12)-month period or that is reasonably expected to result in Executive’s deathcommittee thereof.

Definition of Disability. For purposes hereof, of this Agreement “Disability” shall mean a any medically determinable physical or mental incapacity of Executive impairment that entitles Executive to benefits under the Company’s long-term disability plan, or, in the absence of such a plan, it is reasonably determined by the Board that Executive is unable to perform, by reason of such physical or mental incapacity, the essential functions of his or her position for a period of at least 180 days in any twelve (12)-month period or that is reasonably can be expected to result in Executive’s deathdeath or that has lasted or can be expected to last for a continuous period of not less than twelve (12) months and renders Executive unable to perform the duties of Chief Medical Officer.

Definition of Disability. For purposes hereof, of this Agreement “Disability” shall mean a any medically determinable physical or mental incapacity of Executive impairment that entitles Executive to benefits under the Company’s long-term disability plan, or, in the absence of such a plan, it is reasonably determined by the Board that Executive is unable to perform, by reason of such physical or mental incapacity, the essential functions of his or her position for a period of at least 180 days in any twelve (12)-month period or that is reasonably can be expected to result in Executive’s deathdeath or that has lasted or can be expected to last for a continuous period of not less than twelve (12) months and renders Executive unable to perform the duties of Chief Technical Officer.

Definition of Disability. For purposes hereof, of this Agreement “Disability” shall mean a any medically determinable physical or mental incapacity of Executive impairment that entitles Executive to benefits under the Company’s long-term disability plan, or, in the absence of such a plan, it is reasonably determined by the Board that Executive is unable to perform, by reason of such physical or mental incapacity, the essential functions of his or her position for a period of at least 180 days in any twelve (12)-month period or that is reasonably can be expected to result in Executive’s deathdeath or that has lasted or can be expected to last for a continuous period of not less than twelve (12) months and renders Executive unable to perform the duties of Senior Vice President, Commercial.

Definition of Disability. For purposes hereof, “"Disability” shall mean a " means Executive's inability due to physical or mental incapacity of Executive that entitles Executive to benefits under perform the Company’s long-term disability plan, or, in the absence of such a plan, it is reasonably determined by the Board that Executive is unable to perform, by reason of such physical or mental incapacity, the essential functions duties and services of his or her position for a period of at least 180 days in any twelve (12)-month 120 days. At the Company's option, such physical or mental incapacity may be determined by a physician selected by the Company and reasonably acceptable to Executive or presumed by the Company on the basis of Executive's failure to perform the duties and services of his position for a period or that is reasonably expected to result in Executive’s deathof 120 days.

Definition of Disability. For purposes hereof, of this Agreement “Disability” shall mean a any medically determinable physical or mental incapacity of Executive impairment that entitles Executive to benefits under the Company’s long-term disability plan, or, in the absence of such a plan, it is reasonably determined by the Board that Executive is unable to perform, by reason of such physical or mental incapacity, the essential functions of his or her position for a period of at least 180 days in any twelve (12)-month period or that is reasonably can be expected to result in Executive’s deathdeath or that has lasted or can be expected to last for a continuous period of not less than twelve (12) months and renders Executive unable to perform the duties of CFO.

Definition of Disability. For purposes hereof, “Disability” shall mean a means Executive’s inability, because of physical or mental illness or injury, substantially to perform her duties hereunder as a result of physical incapacity for a continuous period of Executive that entitles Executive to benefits under the Company’s long-term disability plan, or, in the absence at least four (4) continuous months. The existence of such a plan, it is reasonably determined by the Board Disability means that Executive is unable to perform, by reason of such physical or mental incapacity, cannot perform the essential functions of his or her position for a period of at least 180 days in any twelve (12)-month period with or that is reasonably expected without reasonable accommodation. Any dispute as to result in Executive’s deathincapacitation shall be resolved by an independent physician selected by the Board and reasonably acceptable to Executive, whose determination shall be final and binding upon both Executive and Company.

Definition of Disability. For purposes hereof, “Disability” shall mean a physical or mental incapacity of Executive disability that entitles Executive to benefits under the Company’s long-term disability plan, or, in the absence of such a plan, it is reasonably determined by the Board that Executive is unable to perform, by reason of such Executive’s physical or mental incapacity, the essential functions of impairment that renders Executive unable to perform his or her position duties hereunder without reasonable accommodation for a period of at least 180 days in any twelve (12)-month period or that is reasonably expected to result in Executive’s death.

Definition of Disability. For purposes hereofof the Agreement, “Disability” shall mean a mental or physical disability, illness or mental incapacity of Executive that entitles which renders Executive to benefits under the Company’s long-term disability plan, or, in the absence of such a plan, it is reasonably determined by the Board that Executive is unable to perform, by reason of such physical or mental incapacity, the essential functions perform a substantial portion of his or her position duties as an employee of the Employer for a period of at least 180 ninety consecutive days or an aggregate period of one hundred and eighty days in any twelve eighteen (12)-month 18) month period or that renders Executive unable to earn a livelihood as an employee of a business comparable to the Employer’s business, unless further time is reasonably expected to result in Executive’s deathrequired under applicable employee protection legislation at the Employment location.

Definition of Disability. For purposes hereofof the Agreement, “Disability” shall mean a mental or physical disability, illness or mental incapacity of Executive that entitles which renders Executive to benefits under the Company’s long-term disability plan, or, in the absence of such a plan, it is reasonably determined by the Board that Executive is unable to perform, by reason perform a substantial portion of such physical or mental incapacity, her duties as an employee of the essential functions of his or her position Employer for a period of at least 180 ninety consecutive days or an aggregate period of one hundred and eighty days in any twelve eighteen (12)-month 18) month period or that renders Executive unable to earn a livelihood as an employee of a business comparable to the Employer’s business, unless further time is reasonably expected to result in Executive’s deathrequired under applicable employee protection legislation at the Employment location.

Definition of Disability. For purposes hereofof Sections 6.1 and 6.3, the Executive will be deemed to have a “Disability” shall mean if, as a result of any medically determinable physical or mental incapacity impairment that can be expected to result in death or can be expected to last for a continuous period of Executive that entitles Executive to benefits under not less than 12 months, the Company’s long-term disability plan, or, in the absence of such a plan, it is reasonably determined by the Board that Executive is unable to perform, by reason of such physical engage in any substantial gainful activity or mental incapacity, the essential functions of his or her position is receiving income replacement benefits for a period of at least 180 days in any twelve (12)-month period three months or that is reasonably expected to result in Executive’s deathmore under an accident and health plan covering employees of the Employer.

Definition of Disability. For purposes hereof, the term “Disability” shall mean an incapacity by accident, illness or other circumstance which renders the Executive mentally or physically incapable of performing the duties and services required of the Executive hereunder on a physical or mental incapacity of Executive that entitles Executive to benefits under the Company’s longfull-term disability plan, or, in the absence of such a plan, it is reasonably determined by the Board that Executive is unable to perform, by reason of such physical or mental incapacity, the essential functions of his or her position time basis for a period of at least 180 days in any twelve (12)-month period or that is reasonably expected to result in Executive’s deathconsecutive days.

Definition of Disability. For purposes hereof, the term “Disability” shall mean an incapacity by accident, illness or other circumstances which renders the Executive mentally or physically incapable of performing the duties and services required of the Executive hereunder on a physical or mental incapacity of Executive that entitles Executive to benefits under the Company’s longfull-term disability plan, or, in the absence of such a plan, it is reasonably determined by the Board that Executive is unable to perform, by reason of such physical or mental incapacity, the essential functions of his or her position time basis for a period of at least 180 days in any twelve (12)-month period or that is reasonably expected to result in Executive’s death120 consecutive days.

Definition of Disability. For purposes hereof, “The term "Disability” " shall mean a the inability of the Executive to discharge properly his duties hereunder due to physical or mental incapacity of Executive that entitles Executive to benefits under the Company’s long-term disability plan, or, in the absence of such a plan, it is reasonably determined by the Board that Executive is unable to perform, by reason of such physical illness or mental incapacity, the essential functions of his or her position injury for a period of at least 180 90 business days in any twelve (12)-month period or that is reasonably expected of 180 consecutive business days. The Executive shall be deemed to result in Executive’s deathhave become disabled upon the expiration of such 90 days.

Definition of Disability. For purposes hereof, “"Disability” " shall mean a physical or mental incapacity of Executive disability that entitles Executive to benefits under the Company’s 's long-term disability plan, or, in the absence of such a plan, it is reasonably determined by the Board that Executive is unable to perform, by reason of such Executive's physical or mental incapacity, the essential functions of impairment that renders Executive unable to perform his or her position duties hereunder without reasonable accommodation for a period of at least 180 days in any twelve (12)-month period or that is reasonably expected to result in Executive’s 's death.

Definition of Disability. For purposes hereofAs used herein, “Disability” shall mean a physical or mental incapacity of mean, during the Term, the Executive that entitles Executive to benefits under satisfies the definition set forth in the Company’s long-term disability benefit plan in which the Executive is enrolled at the time of the determination or if there is no such plan, or, in the absence of such a plan, it is reasonably determined by the Board that Executive is unable to perform, by reason of such physical or mental incapacity, perform the essential functions of his or her position Executive’s employment duties for a continuous period of at least 180 days six (6) months for reasons of health, and, in any twelve (12)-month the opinion of a physician appointed by the Company, such disability will continue for a prolonged period or that is reasonably expected to result in Executive’s death.of time. ] 3

Definition of Disability. For purposes hereof, “Disability” shall mean a means the inability of the Executive to perform the Executive Duties pursuant to the terms of this Agreement, because of physical or mental incapacity disability where such disability shall have existed for a period of more than ninety (90) consecutive days in any two hundred and seventy (270) day period. The existence of a Disability means that the Executive that entitles Executive to benefits under the Company’s long-term disability plan, or, in the absence of such a plan, it is reasonably determined by the Board that Executive is unable to perform, by reason of such physical or mental incapacity, cannot perform the essential functions of his position with or her position for without reasonable accommodation. The fact of whether or not a period of at least 180 days in any twelve (12)-month period or that is Disability exists hereunder shall be determined by a professionally qualified medical expert reasonably expected to result in Executive’s deathchosen by the Company.