Common use of Complete Disability Clause in Contracts

Complete Disability. “Complete Disability” shall mean the inability of the Executive to perform the Executive’s duties under this Agreement, even with reasonable accommodation, because the Executive has become permanently disabled within the meaning of any policy of long-term disability income insurance covering employees of the Company then in force. In the event the Company has no policy of disability income insurance covering employees of the Company in force when the Executive becomes disabled, the term “Complete Disability” shall mean the inability of the Executive to perform the Executive’s duties under this Agreement, even with reasonable accommodation, by reason of any incapacity, physical or mental, which the Board, based upon medical advice or an opinion provided by a licensed physician mutually acceptable to the Board and the Executive, determines to have incapacitated the Executive from satisfactorily performing all of the Executive’s usual services for the Company, even with reasonable accommodation, for a period of at least one hundred twenty (120) days during any twelve (12) month period (whether or not consecutive). Based upon such medical advice or opinion, the determination of the Board shall be final and binding and the date such determination is made shall be the date of such Complete Disability for purposes of this Agreement.

Appears in 15 contracts

Samples: Employment Agreement (Aratana Therapeutics, Inc.), Employment Agreement (Aratana Therapeutics, Inc.), Employment Agreement (Aratana Therapeutics, Inc.)

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Complete Disability. “Complete Disability” COMPLETE DISABILITY" shall mean the inability of the Executive to perform the Executive’s 's duties under this Agreement, even whether with or without reasonable accommodation, because the Executive has become permanently disabled within the meaning of any policy of long-term disability income insurance covering employees of the Company then in force. In the event the Company has no policy of disability income insurance covering employees of the Company in force when the Executive becomes disabled, the term “Complete Disability” "COMPLETE DISABILITY" shall mean the inability of the Executive to perform the Executive’s 's duties under this Agreement, even whether with or without reasonable accommodation, by reason of any incapacity, physical or mental, which the Board, based upon medical advice or an opinion provided by a licensed physician mutually acceptable to the Board and the ExecutiveBoard, determines to have incapacitated the Executive from satisfactorily performing all of the Executive’s 's usual services for the Company, even with or without reasonable accommodation, for a period of at least one hundred twenty (120) days during any twelve (12) month period (whether or not consecutive). Based upon such medical advice or opinion, the determination of the Board shall be final and binding and the date such determination is made shall be the date of such Complete Disability for purposes of this Agreement.

Appears in 4 contracts

Samples: Employment Agreement (Idm Pharma, Inc.), Employment Agreement (Epimmune Inc), Employment Agreement (Epimmune Inc)

Complete Disability. “Complete Disability” shall mean the inability of the Executive to perform the Executive’s duties under this Agreement, even whether with or without reasonable accommodation, because the Executive has become permanently disabled within the meaning of any policy of long-term disability income insurance covering employees of the Company then in force. In the event the Company has no policy of disability income insurance covering employees of the Company in force when the Executive becomes disabled, the term “Complete Disability” shall mean the inability of the Executive to perform the Executive’s duties under this Agreement, even whether with or without reasonable accommodation, by reason of any incapacity, physical or mental, which the Board, based upon medical advice or an opinion provided by a licensed physician mutually acceptable to the Board and the ExecutiveBoard, determines to have incapacitated the Executive from satisfactorily performing all of the Executive’s usual services for the Company, even with or without reasonable accommodation, for a period of at least one hundred twenty (120) days during any twelve (12) month period (whether or not consecutive). Based upon such medical advice or opinion, the determination of the Board shall be final and binding and the date such determination is made shall be the date of such Complete Disability for purposes of this Agreement.

Appears in 3 contracts

Samples: Employment Agreement (Idm Pharma, Inc.), Employment Agreement (Idm Pharma, Inc.), Employment Agreement (Idm Pharma, Inc.)

Complete Disability. “Complete Disability” shall mean the inability of the Executive to perform the Executive’s duties under this Agreement, even with reasonable accommodation, because the Executive has become permanently disabled within the meaning of any policy of long-long term disability income insurance covering Executive (or such other comparable employees of the Company Company) then in force. In the event the Company has no policy of disability income insurance covering employees of the Company in force when the Executive becomes disabled, the term “Complete Disability” shall mean the inability of the Executive to perform the Executive’s duties under this Agreement, even whether with or without reasonable accommodation, by reason of any incapacity, physical or mental, which the BoardCompany, based upon medical advice or an opinion provided by a licensed physician mutually acceptable to the Board and the ExecutiveCompany, determines to have incapacitated the Executive from satisfactorily performing all of the Executive’s usual services for the Company, even with or without reasonable accommodation, for a period of at least one hundred twenty (120) days during any twelve (12) month period (whether or not consecutive). Based upon such medical advice or opinion, the determination of the Board Company shall be final and binding and the date such determination is made shall be the date of such Complete Disability for purposes of this Agreement.

Appears in 1 contract

Samples: Employment Agreement (Biotelemetry, Inc.)

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Complete Disability. Complete Disability" shall mean the inability of the Executive Employee to perform the Executive’s Employee's duties under this Agreement, even with reasonable accommodation, Agreement because the Executive Employee has become permanently disabled within the meaning of any policy of long-term disability income insurance covering employees of the Company then in force. In the event the Company has no policy of disability income insurance covering employees of the Company in force when the Executive Employee becomes disabled, the term "Complete Disability" shall mean the inability of the Executive Employee to perform the Executive’s Employee's duties under this Agreement, even with reasonable accommodation, Agreement by reason of any incapacity, physical or mental, which the Board, based upon medical advice or an opinion provided by a licensed physician mutually acceptable to the Board and the ExecutiveBoard, determines to have incapacitated the Executive Employee from satisfactorily performing all of the Executive’s Employee'S usual services for the Company, even with reasonable accommodation, Company for a period of at least one hundred twenty (120) days during any twelve (12) month period (whether or not consecutive). Based upon such medical advice or opinion, the determination of the Board shall be final and binding and the date such determination is made shall be the date of such Complete Disability for purposes of this Agreement.

Appears in 1 contract

Samples: Employment Agreement (Newgen Results Corp)

Complete Disability. “Complete Disability” shall mean the inability of the Executive to perform the Executive’s duties under this Agreement, even whether with or without reasonable accommodation, because the Executive has become permanently disabled within the meaning of any policy of long-term disability income insurance covering employees of the Company then in force. In the event the Company has no policy of disability income insurance covering employees of the Company in force when the Executive becomes disabled, the term “Complete Disability” shall mean the inability of the Executive to perform the Executive’s duties under this Agreement, even whether with or without reasonable accommodation, by reason of any incapacity, physical or mental, which the Board, based upon medical advice or an opinion provided by a licensed physician mutually acceptable to the Board and the ExecutiveBoard, determines to have incapacitated the Executive from satisfactorily performing all of the Executive’s usual services for the Company, even with or without reasonable accommodation, for a period of at least one hundred twenty eighty (120180) days during any twelve (12) month period (whether or not consecutive). Based upon such medical advice or opinion, the determination of the Board shall be final and binding and the date such determination is made shall be the date of such Complete Disability for purposes of this Agreement.

Appears in 1 contract

Samples: Employment Agreement (Idm Pharma, Inc.)

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