Common use of Continued Disability Clause in Contracts

Continued Disability. This Agreement and Executive’s employment hereunder may be terminated, at the option and in the discretion of the Company, upon a Continued Disability of Executive, effective as of the date of the determination of Continued Disability as that term is hereinafter defined. For the purposes of this Agreement, “Continued Disability” shall be defined as the inability or incapacity (either mental or physical) of Executive to continue to perform Executive’s duties hereunder for a continuous period of sixty (60) working days, or if, during any calendar year of the Term hereof because of disability, Executive shall have been unable to perform Executive’s duties hereunder for a total period of ninety (90) working days regardless of whether or not such days are consecutive. The determination as to whether Executive is unable to perform the essential functions of Executive’s job as CFO shall be made exclusively by the CEO in the exercise of reasonable discretion. If the Company terminates Executive’s employment hereunder upon a Continued Disability of Executive, no severance shall be payable and the Company will have no further obligation or liability to Executive.