Continuing Disability. Company shall have the option of terminating this Agreement on the date that Executive suffers a Continuing Disability (as defined below). If the Board determines that Executive suffers from a Continuing Disability, it shall give Executive written notice of this determination, and the notice shall specify the Termination Date. The determination that Executive has become disabled (and, if so, whether the disability is continuing) shall be made by: (i) the unanimous agreement of a majority of the Board of Directors and Executive (or the personal representative of Executive); or, if they do not agree, then by (ii) the disability insurance carrier, if any disability insurance is in effect for Executive; or, if no insurance is in effect, then by (iii) a physician mutually selected by the Board and Executive (or the personal representative of Executive); or if they do not agree, then by (iv) at least two (2) out of three (3) physicians, one of whom shall be selected by the Board, the second of whom shall be selected by Executive (or the personal representative of Executive), and a third physician, who shall be selected by the first two.
Appears in 2 contracts
Sources: Agreement of Purchase and Sale of Assets (Bridge Technology Inc), Asset Purchase Agreement (Bridge Technology Inc)