Common use of Definition of Disability Clause in Contracts

Definition of Disability. For purposes of Section 4.1, the Employee will be deemed to have a "disability" if, for physical or mental reasons, the Employee is unable to perform the essential functions of the Employee's duties under this Agreement for 120 consecutive days, or 180 days during any twelve (12) month period, as determined in accordance with this Section 4.2. The disability of the Employee will be determined by a medical doctor selected by written agreement of the Employer and the Employee upon the request of either party by notice to the other. If the Employer and the Employee cannot agree on the selection of a medical doctor, each of them will select a medical doctor and the two (2) medical doctors will select a third medical doctor who will determine whether the Employee has a disability. The determination of the medical doctor selected under this Section 4.2 will be binding on both parties. The Employee must submit to a reasonable number of examinations by the medical doctor making the determination of disability under this Section 4.2, and the Employee hereby authorizes the disclosure and release to the Employer of such determination and all supporting medical records. If the Employee is not legally competent, the Employee's legal guardian or duly authorized attorney-in-fact will act in the Employee's stead, under this Section 4.2, for the purposes of submitting the Employee to the examinations, and providing the authorization of disclosure, required under this Section 4.2.

Appears in 14 contracts

Samples: Employment Agreement (Newmark Homes Corp), Employment Agreement (Newmark Homes Corp), Employment Agreement (Newmark Homes Corp)

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Definition of Disability. For purposes of Section 4.16.1, the Employee will be deemed to have a "disabilityDisability" if, for physical or mental reasons, the Employee is unable to perform the essential functions of the Employee's duties under this Agreement for 120 consecutive days, or 180 days during any twelve (12) month period, as determined in accordance with this Section 4.26.2. The disability Disability of the Employee will be determined by a medical doctor selected by written agreement of the Employer Company and the Employee upon the request of either party by notice to the other. If the Employer Company and the Employee cannot agree on the selection of a medical doctor, each of them will select a medical doctor and the two (2) medical doctors will select a third medical doctor who will determine whether the Employee has a disabilityDisability. The determination of the medical doctor selected under this Section 4.2 6.2 will be binding on both parties. The Employee must submit to a reasonable number of examinations by the medical doctor making the determination of disability Disability under this Section 4.26.2, and to other specialists designated by such medical doctor, and the Employee hereby authorizes the disclosure and release to the Employer Company of such determination and all supporting medical records. If the Employee is not legally competent, the Employee's legal guardian or duly authorized attorney-in-fact will act in the Employee's stead, stead under this Section 4.2, 6.2 for the purposes of submitting the Employee to the examinations, and providing the authorization of disclosure, required under this Section 4.26.2.

Appears in 9 contracts

Samples: Employment Agreement (Birch Telecom Inc /Mo), Employment Agreement (Birch Telecom Inc /Mo), Employment Agreement (Birch Telecom Inc /Mo)

Definition of Disability. For purposes of Section 4.1, the Employee will be deemed to have a "disability" if, for physical or mental reasons, the Employee is unable to perform the essential functions of the Employee's duties under this Agreement for 120 consecutive days, or 180 days during any twelve (12) month period, as determined in accordance with this Section 4.2. The disability of the Employee will be determined by a medical doctor selected by written agreement of the Employer and the Employee upon the request of either party by notice to the other. If the Employer and the Employee cannot agree on the selection of a medical doctor, each of them will select a medical doctor and the two (2) medical doctors will select a third medical doctor who will determine whether the Employee has a disability. The determination of the medical doctor selected under this Section 4.2 will be binding on both parties. The Employee must submit to a reasonable number of examinations by the medical doctor making the determination of disability under this Section 4.2, and the Employee hereby authorizes the disclosure and release to the Employer of such determination and all supporting medical records. If the Employee is not legally competent, the Employee's legal guardian or duly authorized attorney-in-fact will act in the Employee's stead, under this Section 4.2, for the purposes of submitting the Employee to the examinations, and providing the authorization of disclosure, required under this Section 4.2.the

Appears in 3 contracts

Samples: Employment Agreement (Newmark Homes Corp), Employment Agreement (Newmark Homes Corp), Employment Agreement (Newmark Homes Corp)

Definition of Disability. For purposes of Section 4.16.1, the Employee will be deemed to have a "disabilityDisability" if, for physical or mental reasons, the Employee is unable to perform the essential functions of the Employee's duties under this Agreement for 120 consecutive days, or 180 days during any twelve (12) month period, as determined in accordance with this Section 4.26.2. The disability Disability of the Employee will be determined by a medical doctor selected by written agreement of the Employer Company and the Employee upon the request of either party by notice to the other. If the Employer Company and the Employee cannot agree on the selection of a medical doctor, each of them will select a medical doctor and the two (2) medical doctors will select a third medical doctor who will determine whether the Employee has a disabilityDisability. The determination of the medical doctor selected under this Section 4.2 6.2 will be binding on both parties. The Employee must submit to a reasonable number of examinations by the medical doctor making the determination of disability Disability under this Section 4.26.2, and to other specialists designated by such medical doctor, and the Employee hereby authorizes the disclosure and release to the Employer Company of such determination and all supporting medical records. If the Employee is not legally competent, the Employee's legal guardian or duly authorized attorney-in-fact will act in the Employee's stead, stead under this Section 4.2, 6.2 for the purposes of submitting the Employee to the examinations, and providing the 5 6 authorization of disclosure, required under this Section 4.26.2.

Appears in 2 contracts

Samples: Employment Agreement (Birch Telecom Inc /Mo), Employment Agreement (Birch Telecom Inc /Mo)

Definition of Disability. For purposes of Section 4.16.1, the Employee will be deemed to have a "disability" if, for physical or mental reasons, the Employee is unable to perform the essential functions of the Employee's ’s duties under this Agreement for 120 consecutive days, or 180 days during any twelve (12) twelve-month period, as determined in accordance with this Section 4.26.2. The disability of the Employee will be determined by a medical doctor selected by written agreement of the Employer and the Employee upon the request of either party by notice to the other. If the Employer and the Employee cannot agree on the selection of a medical doctor, each of them will select a medical doctor and the two (2) medical doctors will select a third medical doctor who will determine whether the Employee has a disability. The determination of the medical doctor selected under this Section 4.2 6.2 will be binding on both parties. The Employee must submit to a reasonable number of examinations by the medical doctor making the determination of disability under this Section 4.26.2, and the Employee hereby authorizes the disclosure and release to the Employer of such determination and all supporting medical records. If the Employee is not legally competent, the Employee's ’s legal guardian or duly authorized attorney-in-fact will act in the Employee's ’s stead, under this Section 4.26.2, for the purposes of submitting the Employee to the examinations, and providing the authorization of disclosure, required under this Section 4.26.2.

Appears in 2 contracts

Samples: Compete Agreement, Compete Agreement (Green Field Energy Services, Inc.)

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Definition of Disability. For purposes of Section 4.16.1, the Employee will be deemed to have a "disabilityDisability" if, for physical or mental reasons, the Employee is unable to perform the essential functions of the Employee's duties under this Agreement for 120 consecutive days, or 180 days during any twelve (12) month period, as determined in accordance with this Section 4.26.2. The disability Disability of the Employee will be determined by a medical doctor selected by written agreement of the Employer Company and the Employee upon the request of either party by notice to the other. If the Employer Company and the Employee cannot agree on the selection of a medical doctor, each of them will select a medical doctor and the two (2) medical doctors will select a third medical doctor who will determine whether the Employee has a disabilityDisability. The determination of the medical doctor selected under this Section 4.2 6.2 will be binding on both parties. The Employee must submit to a reasonable number of examinations by the medical doctor making the determination of disability Disability under this Section 4.26.2, and to other specialists designated by such medical doctor, and the Employee hereby authorizes the disclosure and release to the Employer Company of such determination and all supporting medical records. If the Employee is not legally competent, the Employee's legal guardian or duly authorized attorney-in-fact will act in the Employee's stead, stead under this Section 4.2, 6.2 for the purposes of submitting the Employee to the examinations, and providing the authorization of disclosure, required under this Section 4.2.the

Appears in 1 contract

Samples: Employment Agreement (Birch Telecom Inc /Mo)

Definition of Disability. For purposes of Section 4.1, the Employee will be deemed to have a "disability" if, for physical or mental reasons, the Employee is unable to perform the essential functions of the Employee's ’s duties under this Agreement for 120 90 consecutive days, or 180 days during any twelve (12) month period, as determined in accordance with this Section 4.2. The disability of the Employee will be determined by a medical doctor selected by written agreement of the Employer and the Employee upon the request of either party by notice to the other. If the Employer and the Employee cannot agree on the selection of a medical doctor, each of them will select a medical doctor and the two (2) medical doctors will select a third medical doctor who will determine whether the Employee has a disability. The determination of the medical doctor selected under this Section 4.2 will be binding on both parties. The Employee must submit to a reasonable number of examinations by the medical doctor making the determination of disability under this Section 4.2, and the Employee hereby authorizes the disclosure and release to the Employer (but to no other person) of such determination and all supporting medical records, all of which Employer shall keep strictly confidential. If the Employee is not legally competent, the Employee's ’s legal guardian or duly authorized attorney-in-fact will act in the Employee's ’s stead, under this Section 4.2, for the purposes of submitting the Employee to the examinations, and providing the authorization of disclosure, required under this Section 4.2.

Appears in 1 contract

Samples: Employment Agreement (KIT Digital, Inc.)

Definition of Disability. For purposes of Section 4.16.1, the Employee will be deemed to have a "disability" if, for physical or mental reasons, the Employee is unable to perform the essential functions of the Employee's duties under this Agreement for 120 consecutive days, or 180 days during any twelve (12) month twelvemonth period, as determined in accordance with this Section 4.26.2. The disability of the Employee will be determined by a medical doctor selected by written agreement of the Employer and the Employee upon the request of either party by notice to the other. If the Employer and the Employee cannot agree on the selection of a medical doctor, each of them will select a medical doctor and the two (2) medical doctors will select a third medical doctor who will determine whether the Employee has a disability. The determination of the medical doctor selected under this Section 4.2 6.2 will be binding on both parties. The Employee must submit to a reasonable number of examinations by the medical doctor making the determination of disability under this Section 4.26.2, and the Employee hereby authorizes the disclosure and release to the Employer of such determination and all supporting medical records. If the Employee is not legally competent, the Employee's legal guardian or duly authorized attorney-in-fact will act in the Employee's stead, under this Section 4.26.2, for the purposes of submitting the Employee to the examinations, and providing the authorization of disclosure, required under this Section 4.26.2.

Appears in 1 contract

Samples: Employment Agreement (Allis Chalmers Corp)

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