Common use of Definition of Disability Clause in Contracts

Definition of Disability. For purposes of Section 5.1, the Executive will be deemed to have a "disability" if, for physical or mental reasons, the Executive is unable to perform the Executive's duties under this Agreement for 120 consecutive days, or 180 days during any twelve-month period, as determined in accordance with this Section 5.2. The disability of the Executive will be determined by a medical doctor selected by written agreement of the Employer and the Executive upon the request of either party by notice to the other. If the Employer and the Executive cannot agree on the selection of a medical doctor, each of them will select a medical doctor and the two medical doctors will select a third medical doctor who will determine whether the Executive has a disability. The determination of the medical doctor selected under this Section 5.2 will be binding on both parties. The Executive must submit to a reasonable number of examinations by the medical doctor making the determination of disability under this Section 5.2, and the Executive hereby authorizes the disclosure and release to the Employer of such determination and all supporting medical records. If the Executive is not legally competent, the Executive's legal guardian or duly authorized attorney-in-fact will act in the Executive's stead, under this Section 5.2, for the purposes of submitting the Executive to the examinations, and providing the authorization of disclosure, required under this Section 5.2.

Appears in 5 contracts

Samples: Employment Agreement (Innovative Software Technologies Inc), Employment Agreement (Innovative Software Technologies Inc), Employment Agreement (Innovative Software Technologies Inc)

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Definition of Disability. For purposes of Section 5.16.1, the Executive will shall be deemed to have a "disability" if, for physical or mental reasons, the Executive is unable to perform the Executive's duties under this Agreement for 120 consecutive days, or 180 days during any twelve-month period, as determined in accordance with this Section 5.26.2. The disability of the Executive will shall be determined by a medical doctor selected by written agreement of the Employer and the Executive upon the request of either party by notice to the other. If the Employer and the Executive cannot agree on the selection of a medical doctor, each of them will shall select a medical doctor and the two medical doctors will shall select a third medical doctor who will shall determine whether the Executive has a disability. The determination of the medical doctor selected under this Section 5.2 will 6.2 shall be binding on both parties. The Executive must submit to a reasonable number of examinations by the medical doctor making the determination of disability under this Section 5.26.2, and the Executive hereby authorizes the disclosure and release to the Employer of such determination and all supporting medical records. If the Executive is not legally competent, the Executive's legal guardian or duly authorized attorney-in-fact will shall act in the Executive's stead, under this Section 5.26.2, for the purposes of selecting a medical doctor, submitting the Executive to the examinations, and providing the authorization of disclosure, required under this Section 5.26.2.

Appears in 5 contracts

Samples: Executive Employment Agreement (WCI Steel, Inc.), Executive Employment Agreement (WCI Steel, Inc.), Executive Employment Agreement (WCI Steel, Inc.)

Definition of Disability. For purposes of Section 5.16.1, the Executive will be deemed to have a "disability" if, for physical or mental reasons, the Executive is unable to perform the Executive's duties under this Agreement for 120 consecutive days, or 180 days during any twelve-twelve (12) month period, as determined in accordance with this Section 5.26.2. The disability of the Executive will be determined by a medical doctor selected by written agreement of the Employer and the Executive upon the request of either party by notice to the other. If the Employer and the Executive cannot agree on the selection of a medical doctor, each of them will select a medical doctor and the two medical doctors will select a third medical doctor who will determine whether the Executive has a disability. The determination of the medical doctor selected under this Section 5.2 6.2 will be binding on both parties. The Executive must submit to a reasonable number of examinations by the medical doctor making the determination of disability under this Section 5.26.2, and the Executive hereby authorizes the disclosure and release to the Employer of such determination and all supporting medical records. If the Executive is not legally competent, the Executive's legal guardian or duly authorized attorney-in-fact will act in the Executive's stead, under this Section 5.26.2, for the purposes of submitting the Executive to the examinations, and providing the authorization of disclosure, required under this Section 5.26.2.

Appears in 4 contracts

Samples: Employment Agreement (Firstcity Financial Corp), Employment Agreement (Firstcity Financial Corp), Employment Agreement (Firstcity Financial Corp)

Definition of Disability. For purposes of Section 5.16.1, the Executive will be deemed to have a "disability" if, for physical or mental reasons, the Executive is unable to perform the essential functions of the Executive's duties under this Agreement for 120 consecutive days, or 180 days during any twelve-month period, as determined in accordance with this Section 5.26.2. The disability of the Executive will be determined by a medical doctor selected by written agreement of the Employer and the Executive upon the request of either party by notice to the other. If the Employer and the Executive cannot agree on the selection of a medical doctor, each of them will select a medical doctor and the two medical doctors will select a third medical doctor who will determine whether the Executive has a disability. The determination of the medical doctor selected under this Section 5.2 6.2 will be binding on both parties. The Executive must submit to a reasonable number of examinations by the medical doctor making the determination of disability under this Section 5.26.2, and the Executive hereby authorizes the disclosure and release to the Employer of such determination and all supporting medical records. If the Executive is not legally competent, the Executive's legal guardian or duly authorized attorney-in-fact will act in the Executive's stead, under this Section 5.26.2, for the purposes of submitting the Executive to the examinations, and providing the authorization of disclosure, required under this Section 5.26.2.

Appears in 4 contracts

Samples: Employment Agreement (Webb Interactive Services Inc), Employment Agreement (Webb Interactive Services Inc), Employment Agreement (Webb Interactive Services Inc)

Definition of Disability. For purposes of Section 5.1, the Executive will be deemed to have a "disability" if, for physical or mental reasons, the Executive is unable to perform the Executive's duties under this Agreement for 120 30 consecutive days, or 180 90 days during any twelve-twelve month period, as determined in accordance with this Section 5.2. The disability of the Executive will be determined by a medical doctor selected by written agreement of the Employer and the Executive upon the request of either party by notice to the other. If the Employer and the Executive cannot agree on the selection of a medical doctor, each of them will select a medical doctor and the two medical doctors will select a third medical doctor who will determine whether the Executive has a disability. The determination of the medical doctor selected under this Section 5.2 will be binding on both parties. The Executive must submit to a reasonable number of examinations by the medical doctor making the determination of disability under this Section 5.2, and the Executive hereby authorizes the disclosure and release to the Employer of such determination and all supporting medical records. If the Executive is not legally competent, the Executive's legal guardian or duly authorized attorney-in-fact will act in the Executive's stead, under this Section 5.2, for the purposes of submitting the Executive to the examinations, and providing the authorization of disclosure, required under this Section 5.2.

Appears in 4 contracts

Samples: Employment Agreement (Vertical Health Solutions Inc), Employment Agreement (Nutriceuticals Com Corp), Employment Agreement (Dynamic Health Products Inc)

Definition of Disability. For purposes of Section 5.16.1, the Executive will be deemed to have a "disability" if, for physical or mental reasons, the Executive is unable to perform the Executive's duties under this Agreement for 120 60 consecutive days, calendar days or 180 more or 90 calendar days or more during any twelve-twelve month period, as determined in accordance with this Section 5.26.4. The disability of the Executive will be determined by a medical doctor selected by written agreement of the Employer and the Executive upon the request of either party by notice to the other. If the Employer and the Executive cannot agree on the selection of a medical doctor, each of them will select a medical doctor and the two medical doctors will select a third medical doctor who will determine whether the Executive has a disability. The determination of the medical doctor selected under this Section 5.2 6.4 will be binding on both parties. The Executive must submit to a reasonable number of examinations by the medical doctor making the determination of disability under this Section 5.26.4, and the Executive hereby authorizes the disclosure and release to the Employer of such determination and all supporting medical records. If the Executive is not legally competent, the Executive's legal guardian or duly authorized attorney-in-fact will act in the Executive's stead, under this Section 5.26.4, for the purposes of submitting the Executive to the examinations, and providing the authorization of disclosure, required under this Section 5.26.4.

Appears in 4 contracts

Samples: Employment Agreement (Xfone Inc), Employment Agreement (Xfone Inc), Employment Agreement (Xfone Inc)

Definition of Disability. For purposes of Section 5.16.1, the Executive will be deemed to have a "disabilityDisability" if, for physical or mental reasons, the Executive is unable to perform the essential functions of the Executive's duties with reasonable accommodation under this Agreement for 120 consecutive days, or 180 120 days during any twelve-month period, as determined in accordance with this Section 5.26.2. The disability Disability of the Executive will be determined by a medical doctor selected by written agreement of the Employer and the Executive upon the request of either party by notice to the other. If the Employer and the Executive cannot agree on the selection of a medical doctor, each of them will select a medical doctor and the two medical doctors will select a third medical doctor who will determine whether the Executive has a disabilityDisability. The determination of the medical doctor selected under this Section 5.2 6.2 will be binding on both parties. The Executive must submit to a reasonable number of examinations by the medical doctor making the determination of disability under this Section 5.26.2, and the Executive hereby authorizes the disclosure and release to the Employer of such determination and all supporting medical records. If the Executive is not legally competent, the Executive's legal guardian or duly authorized attorney-in-fact will act in the Executive's stead, under this Section 5.26.2, for the purposes of submitting the Executive to the examinations, and providing the authorization of disclosure, required under this Section 5.26.2.

Appears in 4 contracts

Samples: Employment Agreement (Net Value Holdings Inc), Employment Agreement (Net Value Holdings Inc), Employment Agreement (Net Value Holdings Inc)

Definition of Disability. For purposes purpose of Section 5.16.1, the Executive will be deemed to have a "disability" if, for physical or mental reasons, the Executive is unable to perform the essential functions of the Executive's ’s duties under this Agreement for 120 consecutive days, or 180 days during any twelve-twelve month period, as determined in accordance with this Section 5.26.2. The disability of the Executive will be determined by a A medical doctor selected by written agreement of the Employer and the Executive upon the request of either party by notice to the otherother will determine the disability of the Executive. If the Employer and the Executive cannot agree on the selection of a medical doctor, each of them will select a medical doctor and the two medical doctors will select a third medical doctor who will determine whether the Executive has a disability. The determination of the medical doctor selected under this Section 5.2 6.2 will be binding on both parties. The Executive must submit to a reasonable number of examinations by the medical doctor making the determination of disability under this Section 5.26.2, and the Executive hereby authorizes the disclosure and release to the Employer under proper confidentiality safeguard of such determination and all supporting medical records. If the Executive is not legally competent, the Executive's ’s legal guardian or duly authorized attorney-in-fact will act in the Executive's ’s stead, under this Section 5.26.2, for the purposes of submitting the Executive to the examinations, and providing the authorization of disclosure, required under this Section 5.26.2.

Appears in 3 contracts

Samples: Employment Agreement (Metrocorp Bancshares Inc), Employment Agreement (Metrocorp Bancshares Inc), Employment Agreement (MetroCorp Bancshares, Inc.)

Definition of Disability. For purposes of Section 5.14(ii), the Executive will be deemed to have a "disability" if, for physical or mental reasons, the Executive is unable to perform the Executive's duties under this Agreement for 120 consecutive days, or 180 days during any twelve-twelve month period, as determined in accordance with this Section 5.2herein. The disability of the Executive will be determined by a medical doctor selected by written agreement of the Employer Company and the Executive upon the request of either party by notice to the other. If the Employer Company and the Executive cannot agree on the selection of a medical doctor, each of them will select a medical doctor and the two medical doctors will select a third medical doctor who will determine whether the Executive has a disability. The determination of the medical doctor selected under this Section 5.2 4 will be binding on both parties. The Executive must submit to a reasonable number of examinations by the medical doctor making the determination of disability under this Section 5.24, and the Executive hereby authorizes the disclosure and release to the Employer Company of such determination and all supporting medical records. If the Executive is not legally competentcompetent or is otherwise unable to act, the Executive's legal guardian or duly authorized attorney-in-fact will act in the Executive's stead, stead under this Section 5.24, for the purposes of selecting a medical doctor, submitting the Executive to the examinations, and providing the authorization of disclosure, required under this Section 5.24.

Appears in 3 contracts

Samples: Employment Agreement (Nationwide Staffing Inc), Employment Agreement (Nationwide Staffing Inc), Employment Agreement (Nationwide Staffing Inc)

Definition of Disability. For purposes of Section 5.16.1, the Executive will be deemed to have a "disability" if, for physical or mental reasons, the Executive is unable to perform the essential functions of the Executive's duties under this Agreement for 120 consecutive days, or 180 days during any twelve-twelve month period, as determined in accordance with this Section 5.26.2. The disability of the Executive will be determined by a medical doctor selected by written agreement of the Employer and the Executive upon the request of either party by notice to the other. If the Employer and the Executive cannot agree on the selection of a medical doctor, each of them will select a medical doctor and the two medical doctors will select a third medical doctor who will determine whether the Executive has a disability. The determination of the medical doctor selected under this Section 5.2 6.2 will be binding on both parties. The Executive must submit to a reasonable number of examinations by the medical doctor making the determination of disability under this Section 5.26.2, and the Executive hereby authorizes the disclosure and release to the Employer of such determination and all supporting medical records. If the Executive is not legally competent, the Executive's legal guardian or duly authorized attorney-in-fact will act in the Executive's stead, under this Section 5.26.2, for the purposes of submitting the Executive to the examinations, and providing the authorization of disclosure, required under this Section 5.26.2.

Appears in 3 contracts

Samples: Employment Agreement (Eagle Supply Group Inc), Execution Copy Employment Agreement (Room Plus Inc), Execution Copy Employment Agreement (Room Plus Inc)

Definition of Disability. For purposes of Section 5.16.1, the Executive will be deemed to have a "disability" if, for physical or mental reasons, the Executive is unable to perform the Executive's ’s duties under this Agreement for 120 one hundred twenty (120) consecutive days, or 180 one hundred eighty (180) days during any twelve-twelve (12) month period, as determined in accordance with this Section 5.26.2. The disability of the Executive will be determined by a medical doctor selected by written agreement of the Employer Company and the Executive upon the request of either party by notice to the other. If the Employer Company and the Executive 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 (3rd) medical doctor who will determine whether the Executive has a disability. The determination of the medical doctor selected under this Section 5.2 6.2 will be binding on both parties. The Executive must submit to a reasonable number of examinations by the medical doctor making the determination of disability under this Section 5.26.2, and the Executive hereby authorizes the disclosure and release to the Employer Company of such determination and all supporting medical records. If the Executive is not legally competent, the Executive's ’s legal guardian or duly authorized attorney-in-fact will act in the Executive's ’s stead, under this Section 5.26.2, for the purposes of submitting the Executive to the examinations, and providing the authorization of disclosure, required under this Section 5.26.2.

Appears in 3 contracts

Samples: Executive Employment Agreement (Grove, Inc.), Executive Employment Agreement (Grove, Inc.), Executive Employment Agreement (Grove, Inc.)

Definition of Disability. For purposes of Section 5.16.1, the Executive will be deemed to have a "disability" if, for physical forphysical or mental reasons, the Executive is unable to perform the Executive's duties under this Agreement for 120 60 consecutive days, calendar days or 180 more or 90 calendar days or more during any twelve-twelve month period, as determined in accordance with this Section 5.26.4. The disability of the Executive will be determined by a medical doctor selected by written agreement of the Employer and the Executive upon the request of either party by notice to the other. If the Employer and the Executive cannot agree on the selection of a medical doctor, each of them will select a medical doctor and the two medical doctors will select a third medical doctor who will determine whether the Executive has a disability. The determination of the medical doctor selected under this Section 5.2 6.4 will be binding on both parties. The Executive must submit to a reasonable number of examinations by the medical doctor making the determination of disability under this Section 5.26.4, and the Executive hereby authorizes the disclosure and release to the Employer of such determination and all supporting medical records. If the Executive is not legally competent, the Executive's legal guardian or duly authorized attorney-in-fact will act in the Executive's stead, under this Section 5.26.4, for the purposes of submitting the Executive to the examinations, and providing the authorization of disclosure, required under this Section 5.26.4.

Appears in 2 contracts

Samples: Employment Agreement (Xfone Inc), Employment Agreement (Xfone Inc)

Definition of Disability. For purposes of Section 5.16.1, the Executive will be deemed to have a "disability" if, for physical or mental reasons, the Executive is unable to perform the essential functions of the Executive's duties under this Agreement for 120 consecutive days, or 180 days during any twelve-month twelvemonth period, as determined in accordance with this Section 5.26.2. The disability of the Executive will be determined by a medical doctor selected by written agreement of the Employer and the Executive upon the request of either party by notice to the other. If the Employer and the Executive cannot agree on the selection of a medical doctor, each of them will select a medical doctor and the two medical doctors will select a third medical doctor who will determine whether the Executive has a disability. The determination of the medical doctor selected under this Section 5.2 6.2 will be binding on both parties. The Executive must submit to a reasonable number of examinations by the medical doctor making the determination of disability under this Section 5.26.2, and the Executive hereby authorizes the disclosure and release to the Employer of such determination and all supporting medical records. If the Executive is not legally competent, the Executive's legal guardian or duly authorized attorney-in-fact will act in the Executive's stead, under this Section 5.26.2, for the purposes of submitting the Executive to the examinations, and providing the authorization of disclosure, required under this Section 5.26.2.

Appears in 2 contracts

Samples: Non Competition Agreement (Allis Chalmers Corp), Employment Agreement (Allis Chalmers Corp)

Definition of Disability. For purposes of Section 5.16.1, the Executive will be deemed to have a "disability" if, for physical or mental reasons, the Executive is unable to perform the essential functions of Executive's ’s duties under this Agreement for 120 consecutive days, or 180 days during any twelve-twelve month period, as determined in accordance with this Section 5.26.2. The disability of the Executive will be determined by a medical doctor selected by written agreement of the Employer and the Executive upon the request of either party by notice to the other. If the Employer and the Executive cannot agree on the selection of a medical doctor, each of them will select a medical doctor and the two medical doctors will select a third medical doctor who will determine whether the Executive has a disability. The determination of the medical doctor doctor(s) selected under this Section 5.2 6.2 will be binding on both parties. The Executive must submit to a reasonable number of examinations by the medical doctor making the determination of disability under this Section 5.26.2, and the Executive hereby authorizes the disclosure and release to the Employer of such determination and all supporting medical records. If the Executive is not legally competent, the Executive's ’s legal guardian or duly authorized attorney-in-fact will act in the Executive's ’s stead, under this Section 5.26.2, for the purposes of submitting the Executive to the examinations, and providing the authorization of disclosure, required under this Section 5.26.2.

Appears in 2 contracts

Samples: Executive Employment Agreement (Astera Labs, Inc.), Executive Employment Agreement (Astera Labs, Inc.)

Definition of Disability. For purposes of Section 5.16.1, the Executive will be deemed to have a "disability" if, for physical or mental reasons, the Executive is unable to perform the Executive's duties under this Agreement for 120 consecutive days, or 180 days during any twelve-month twelvemonth period, as determined in accordance with this Section 5.26.2. The disability of the Executive will be determined by a medical doctor selected by written agreement of the Employer and the Executive upon the request of either party by notice to the other. If the Employer and the Executive cannot agree on the selection of a medical doctor, each of them will select a medical doctor and the two medical doctors will select a third medical doctor who will determine whether the Executive has a disability. The determination of the medical doctor selected under this Section 5.2 6.2 will be binding on both parties. The Executive must submit to a reasonable number of examinations by the medical doctor making the determination of disability under this Section 5.26.2, and the Executive hereby authorizes the disclosure and release to the Employer of such determination and all supporting medical records. If the Executive is not legally competent, the Executive's legal guardian or duly authorized attorney-in-fact will act in the Executive's stead, under this Section 5.26.2, for the purposes of submitting the Executive to the examinations, and providing the authorization of disclosure, required under this Section 5.26.2.

Appears in 2 contracts

Samples: Employment Agreement (Allis Chalmers Corp), Employment Agreement (Allis Chalmers Corp)

Definition of Disability. For purposes of Section 5.16.1, the Executive will be deemed to have a "disability" if, for physical or mental reasons, the Executive is unable to perform the Executive's duties under this Agreement for 120 consecutive days, or 180 days during any twelve-twelve month period, as determined in accordance with this Section 5.26.2. The disability of the Executive will be determined by a medical doctor selected by written agreement of the Employer and the Executive upon the request of either party by notice to the other. If the Employer and the Executive cannot agree on the selection of a medical doctor, each of them will select a medical doctor and the two medical doctors will select a third medical doctor who will determine whether the Executive has a disability. The determination of the medical doctor selected under this Section 5.2 6.2 will be binding on both parties. The Executive must submit to a reasonable number of examinations by the medical doctor making the determination of disability under this Section 5.26.2, and the Executive hereby authorizes the disclosure and release to the Employer of such determination and all supporting medical records. If the Executive is not legally competent, the Executive's legal guardian or duly authorized attorney-in-fact will act in the Executive's stead, under this Section 5.26.2, for the purposes of submitting the Executive to the examinations, and providing the authorization of disclosure, required under this Section 5.26.2.

Appears in 2 contracts

Samples: Employment Agreement (BMB Munai Inc), Employment Agreement (BMB Munai Inc)

Definition of Disability. For purposes of Section 5.1, the Executive will be deemed to have a "disability" “Disability” if, for physical or mental reasons, the Executive is unable to perform the essential functions of the Executive's duties under this Agreement for 120 consecutive days, or 180 days during any twelve-twelve month period, as determined in accordance with this Section 5.2. The disability of the Executive will be determined by a medical doctor selected by written agreement of the Employer and the Executive upon the request of either party by notice to the other. If the Employer and the Executive cannot agree on the selection of a medical doctor, each of them will select a medical doctor and the two medical doctors will select a third medical doctor who will determine whether the Executive has a disability. The determination of the medical doctor selected under this Section 5.2 will be binding on both parties. The Executive must submit to a reasonable number of examinations by the medical doctor making the determination of disability under this Section 5.2, and the Executive hereby authorizes the disclosure and release to the Employer of such determination and all supporting medical records. If the Executive is not legally competent, the Executive's legal guardian or duly authorized attorney-in-fact will act in the Executive's stead, under this Section 5.2, for the purposes of submitting the Executive to the examinations, and providing the authorization of disclosure, required under this Section 5.2.

Appears in 2 contracts

Samples: Employment Agreement (Freestar Technology Corp), Employment Agreement (Freestar Technology Corp)

Definition of Disability. For purposes of Section 5.16.1, the Executive will be deemed to have a "disability" if, for physical or mental reasons, the Executive is unable to perform the essential functions of the Executive's ’s duties under this Agreement for 120 consecutive days, or 180 days during any twelve-twelve month period, as determined in accordance with this Section 5.26.2. The disability of the Executive will be determined by a A medical doctor selected by written agreement of the Employer and the Executive upon the request of either party by notice to the otherother will determine the disability of the Executive. If the Employer and the Executive cannot agree on the selection of a medical doctor, each of them will select a medical doctor and the two medical doctors will select a third medical doctor who will determine whether the Executive has a disability. The determination of the medical doctor selected under this Section 5.2 6.2 will be binding on both parties. The Executive must submit to a reasonable number of examinations by the medical doctor making the determination of disability under this Section 5.26.2, and the Executive hereby authorizes the disclosure and release to the Employer of such determination and all supporting medical records. If the Executive is not legally competent, the Executive's ’s legal guardian or duly authorized attorney-in-fact will act in the Executive's ’s stead, under this Section 5.26.2, for the purposes of submitting the Executive to the examinations, and providing the authorization of disclosure, required under this Section 5.26.2.

Appears in 1 contract

Samples: Employment Agreement (Metrocorp Bancshares Inc)

Definition of Disability. For purposes of Section 5.16.1, the Executive will be deemed to have a "disability" if, for physical or mental reasons, the Executive is unable to perform the Executive's duties under this Agreement for 120 consecutive days, or 180 days during any twelve-month period, as determined in accordance with this Section 5.26.2. The disability of the Executive will be determined by a medical doctor selected by written agreement of the Employer and the Executive upon the request of either party by notice to the other. If the Employer and the Executive cannot agree on the selection of a medical doctor, each of them will select a medical doctor and the two medical doctors will select a third medical doctor who will determine whether the Executive has a disability. The determination of the medical doctor selected under this Section 5.2 6.2 will be binding on both parties. The Executive must submit to a reasonable number of examinations by the medical doctor making the determination of disability under this Section 5.26.2, and the Executive hereby authorizes the disclosure and release to the Employer of such determination and all supporting medical records. If the Executive is not legally competent, the Executive's legal guardian or duly authorized attorney-in-fact will act in the Executive's stead, under this Section 5.26.2, for the purposes of submitting the Executive to the examinations, and providing the authorization of disclosure, required under this Section 5.26.2.

Appears in 1 contract

Samples: Employment Agreement (Allis Chalmers Corp)

Definition of Disability. For purposes of Section 5.16.1, the Executive will be deemed to have a "disability" if, for physical or mental reasons, the Executive is unable to perform the Executive's duties under this Agreement for 120 consecutive days, or 180 days during any twelve-twelve month period, as determined in accordance with this Section 5.26.2. The disability of the Executive will be determined by a medical doctor selected by written agreement of the Employer and the Executive upon the request of either party by notice to the other. If the Employer and the Executive cannot agree on the selection of a medical doctor, each of them will select a medical doctor and the two medical doctors will select a third medical doctor who will determine whether the Executive has a disability. The determination of the medical doctor selected under this Section 5.2 6.2 will be binding on both parties. The Executive must submit to a reasonable number of examinations by the medical doctor making the determination of disability under this Section 5.26.2, and the Executive hereby authorizes the disclosure and release to the Employer of such determination and all supporting medical records. If the Executive is not legally competent, the Executive's legal guardian or duly authorized attorney-in-fact will act in the Executive's ’s stead, under this Section 5.26.2, for the purposes of submitting the Executive to the examinations, and providing the authorization of disclosure, required under this Section 5.26.2.

Appears in 1 contract

Samples: Employment Agreement (Bekem Metals Inc)

Definition of Disability. For purposes of Section 5.16.1, the Executive will be deemed to have a "disability" if, for physical or mental reasons, the Executive is unable to perform the Executive's duties under this Agreement for 120 consecutive days, or 180 days during any twelve-twelve month period, as determined in accordance with this Section 5.26.2. The disability of the Executive will be determined by a medical doctor selected by written agreement of the Employer and the Executive upon the request of either party by notice to the other. If the Employer and the Executive cannot agree on the selection of a the medical doctor, each of them will select a medical doctor and the two medical doctors will select a third medical doctor who will determine whether the Executive has a disability. The determination of the medical doctor selected under this Section 5.2 6.2 will be binding on both parties. The Executive must submit to a reasonable number of examinations by the medical doctor making the determination of disability under this Section 5.26.2, and the Executive hereby authorizes the disclosure and release to the Employer of such determination and all supporting medical records. If the Executive is not legally competent, the Executive's legal guardian or duly authorized attorney-in-fact will act in the Executive's stead, under this Section 5.26.2, for the purposes of submitting the Executive to the examinations, and providing the authorization of disclosure, required under this Section 5.26.2.

Appears in 1 contract

Samples: Employment Agreement (Grant Geophysical Inc)

Definition of Disability. For purposes of Section 5.14(ii), the Executive will be deemed to have a "disability" if, for physical or mental reasons, the Executive is unable to perform the Executive's duties under this Agreement for 120 consecutive days, or 180 days during any twelve-twelve month period, as determined in accordance with this Section 5.2herein. The disability of the Executive will be determined by a medical doctor selected by written agreement of the Employer Company and the Executive upon the request of either party by notice to the other. If the Employer Company and the Executive cannot agree on the selection of a medical doctor, each of them will select a medical doctor and the two medical doctors will select a third medical doctor who will determine whether the Executive has a disability. The determination of the medical doctor selected under this Section 5.2 4 will be binding on both parties. The Executive must submit to a reasonable number of examinations by the medical doctor making the determination of disability under this Section 5.24, and the Executive hereby authorizes the disclosure and release to the Employer Company of such determination and all supporting medical records. If the Executive is not legally competent, the Executive's legal guardian or duly authorized attorney-in-fact will act in the Executive's stead, stead under this Section 5.24, for the purposes of selecting a medical doctor, submitting the Executive to the examinations, and providing the authorization of disclosure, required under this Section 5.24.

Appears in 1 contract

Samples: Employment Agreement (Nationwide Staffing Inc)

Definition of Disability. For purposes of Section 5.16.1, the Executive will be deemed to have a "disability" if, for physical or mental reasons, the Executive is unable to perform the essential functions of the Executive's ’s duties under this Agreement for 120 consecutive days, or 180 days during any twelve-month twelvemonth period, as determined in accordance with this Section 5.26.2. The disability of the Executive will be determined by a medical doctor selected by written agreement of the Employer and the Executive upon the request of either party by notice to the other. If the Employer and the Executive cannot agree on the selection of a medical doctor, each of them will select a medical doctor and the two medical doctors will select a third medical doctor who will determine whether the Executive has a disability. The determination of the medical doctor selected under this Section 5.2 6.2 will be binding on both parties. The Executive must submit to a reasonable number of examinations by the medical doctor making the determination of disability under this Section 5.26.2, and the Executive hereby authorizes the disclosure and release to the Employer of such determination and all supporting medical records. If the Executive is not legally competent, the Executive's ’s legal guardian or duly authorized attorney-in-fact will act in the Executive's ’s stead, under this Section 5.26.2, for the purposes of submitting the Executive to the examinations, and providing the authorization of disclosure, required under this Section 5.26.2.

Appears in 1 contract

Samples: Employment Agreement (Metrocorp Bancshares Inc)

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Definition of Disability. For purposes of Section 5.1, the Executive will be deemed to have a "disability" if, for physical or mental reasons, the Executive is unable to perform the Executive's duties under this Agreement for 120 consecutive days, or 180 days during any twelve-twelve (12) month period, as determined in accordance with this Section 5.2. The disability of the Executive will be determined by a medical doctor selected by written agreement of the Employer Company and the Executive upon the request of either party by notice to the other. If the Employer Company and the Executive cannot agree on the selection of a medical doctor, each of them will select a medical doctor and the two medical doctors will select a third medical doctor who will determine whether the Executive has a disability. The determination of the medical doctor selected under this Section 5.2 will be binding on both parties. The Executive must submit to a reasonable number of examinations by the medical doctor making the determination of disability under this Section 5.2, and the Executive hereby authorizes the disclosure and release to the Employer Company of such determination and all supporting medical records. If the Executive is not legally competent, the Executive's legal guardian or duly authorized attorney-in-fact will act in the Executive's stead, under this Section 5.2, for the purposes of submitting the Executive to the examinations, and providing the authorization of disclosure, required under this Section 5.2.

Appears in 1 contract

Samples: Employment and Noncompetition Agreement (Park Pharmacy Corp)

Definition of Disability. For purposes of Section 5.1, the Executive will be deemed to have a "disability" if, for physical or mental reasons, the Executive is unable to perform the Executive's duties under this Agreement for 120 180 consecutive days, or 180 days during any twelve-month period, as determined in accordance with this Section 5.2. The disability of the Executive will be determined by a medical doctor selected by written agreement of the Employer Company and the Executive upon the request of either party by notice to the other. If the Employer Company and the Executive cannot agree on the selection of a medical doctor, each of them will select a medical doctor and the two medical doctors will select a third medical doctor who will determine whether the Executive has a disability. The determination of the medical doctor selected under this Section 5.2 will be binding on both parties. The Executive must submit to a reasonable number of examinations by the medical doctor making the determination of disability under this Section 5.2, and the Executive hereby authorizes the disclosure and release to the Employer of such determination and all supporting medical records. If the Executive is not legally competent, the Executive's legal guardian or duly authorized attorney-in-fact will act in the Executive's stead, under this Section 5.2, for the purposes of submitting the Executive to the examinations, and providing the authorization of disclosure, required under this Section 5.2. If the Company's disability insurance policy shall certify the Executive's condition as a disability, then any determination under this Section notwithstanding, the Executive shall have a right to elect to have a condition declared a disability.

Appears in 1 contract

Samples: Employment Agreement (Microsignal Corp/Nv)

Definition of Disability. For purposes of Section 5.1, the Executive will be deemed to have a "disability" if, for physical or mental reasons, the Executive is unable to perform the Executive's duties under this Agreement for 120 90 consecutive days, or 180 150 days during any twelve-month period, as determined in accordance with this Section 5.2. The disability of the Executive will be determined by a medical doctor selected by written agreement of the Employer and the Executive upon the request of either party by notice to the other. If the Employer and the Executive cannot agree on the selection of a medical doctor, each of them will select a medical doctor and the two medical doctors will select a third medical doctor who will determine whether the Executive has a disability. The determination of the medical doctor selected under this Section 5.2 will be binding on both parties. The Executive must submit to a reasonable number of examinations by the medical doctor making the determination of disability under this Section 5.2, and the Executive hereby authorizes the disclosure and release to the Employer of such determination and all supporting medical records. If the Executive is not legally competent, the Executive's legal guardian or duly authorized attorney-in-fact will act in the Executive's stead, under this Section 5.2, for the purposes of submitting the Executive to the examinations, and providing the authorization of disclosure, required under this Section 5.2.

Appears in 1 contract

Samples: Employment Agreement (Innovative Software Technologies Inc)

Definition of Disability. For purposes of Section 5.16.1, the Executive will be deemed to have a "disabilityDisability" if, for physical or mental reasons, the Executive is unable to perform the essential functions of the Executive's duties with reasonable accommodation under this Agreement for 120 consecutive days, or 180 120 days during any twelve-month twelvemonth period, as determined in accordance with this Section 5.26.2. The disability Disability of the Executive will be determined by a medical doctor selected by written agreement of the Employer and the Executive upon the request of either party by notice to the other. If the Employer and the Executive cannot agree on the selection of a medical doctor, each of them will select a medical doctor and the two medical doctors will select a third medical doctor who will determine whether the Executive has a disabilityDisability. The determination of the medical doctor selected under this Section 5.2 6.2 will be binding on both parties. The Executive must submit to a reasonable number of examinations by the medical doctor making the determination of disability under this Section 5.26.2, and the Executive hereby authorizes the disclosure and release to the Employer of such determination and all supporting medical records. If the Executive is not legally competent, the Executive's legal guardian or duly authorized attorney-in-fact will act in the Executive's stead, under this Section 5.26.2, for the purposes of submitting the Executive to the examinations, and providing the authorization of disclosure, required under this Section 5.26.2.

Appears in 1 contract

Samples: Employment Agreement (Net Value Holdings Inc)

Definition of Disability. For purposes of Section 5.16.1, the Executive will be deemed to have a "disabilityDisability" if, for physical or mental reasons, the Executive is unable to perform the essential functions of the Executive's duties under this Agreement for 120 consecutive dayssix months in the aggregate in any 12-months' period, or 180 days during for any twelve-month periodconsecutive three months in circumstances where Executive's medical prognosis is that he will be unable to resume performance of his duties within an additional three months, as determined in accordance with this Section 5.26.2. The disability of the Executive will be determined by a medical doctor selected by written agreement of the Employer and the Executive upon the request of either party by notice to the other. If the Employer and the Executive cannot agree on the selection of a medical doctor, each of them will select a medical doctor and the two medical doctors will select a third medical doctor who will determine whether the Executive has a disability. The Employer will pay all professional fees incurred in connection with medical examinations under this Section 6.2. The determination of the medical doctor selected under this Section 5.2 6.2 will be binding on both parties. The Executive must submit to a reasonable number of examinations by the medical doctor making the determination of disability under this Section 5.26.2, and the Executive hereby authorizes the disclosure and release to the Employer of such determination and all supporting medical records. If the Executive is not legally competent, the Executive's legal guardian or duly authorized attorney-in-fact will act in the Executive's stead, under this Section 5.26.2, for the purposes of submitting the Executive to the examinations, and providing the authorization of disclosure, required under this Section 5.26.2.

Appears in 1 contract

Samples: Employment Agreement (Centennial Bancorp)

Definition of Disability. For purposes of Section 5.16.1, the Executive will be deemed to have a "disability" if, for physical or mental reasons, the Executive is unable to perform the Executive's duties under this Agreement for 120 30 consecutive days, or 180 90 days during any twelve-twelve month period, as determined in accordance with this Section 5.26.2. The disability of the Executive will be determined by a medical doctor selected by written agreement of the Employer and the Executive upon the request of either party by notice to the other. If the Employer and the Executive cannot agree on the selection of a medical doctor, each of them will select a medical doctor and the two medical doctors will select a third medical doctor who will determine whether the Executive has a disability. The determination of the medical doctor selected under this Section 5.2 6.2 will be binding on both parties. The Executive must submit to a reasonable number of examinations by the medical doctor making the determination of disability under this Section 5.26.2, and the Executive hereby authorizes the disclosure and release to the Employer of such determination and all supporting medical records. If the Executive is not legally competent, the Executive's legal guardian or duly authorized attorney-in-fact will act in the Executive's stead, under this Section 5.26.2, for the purposes of submitting the Executive to the examinations, and providing the authorization of disclosure, required under this Section 5.26.2.

Appears in 1 contract

Samples: Employment Agreement (Dynamic Health Products Inc)

Definition of Disability. For purposes of Section 5.14(ii), the Executive will be deemed to have a "disability" if, for physical or mental reasons, the Executive is unable to perform the Executive's duties under this Agreement for 120 consecutive days, or 180 days during any twelve-twelve month period, as determined in accordance with this Section 5.2herein. The disability of the Executive will be determined by a medical doctor selected by written agreement of the Employer Company and the Executive upon the request of either party by notice to the other. If the Employer Company and the Executive cannot agree on the selection of a medical doctor, each of them will select a medical doctor and the two medical doctors will select a third medical doctor who will determine whether the Executive has a disability. The determination of the medical doctor selected under this Section 5.2 4 will be binding on both parties. The Executive must submit to a reasonable number of examinations by the medical doctor making the determination of disability under this Section 5.24, and the Executive hereby authorizes the disclosure and release to the Employer Company of such determination and all supporting medical records. If the Executive is not legally competent, the Executive's legal guardian or duly authorized attorney-in-fact will act in the Executive's stead, stead under this Section 5.24, for the purposes of submitting the Executive to the examinations, and providing the authorization of disclosure, required under this Section 5.24.

Appears in 1 contract

Samples: Employment Agreement (Mitcham Industries Inc)

Definition of Disability. For purposes of Section 5.16.1, the Executive will be deemed to have a "disability" if, for physical or mental reasons, the Executive is unable to perform the essential functions of the Executive's duties under this Agreement for 120 consecutive days, or 180 days during any twelve-twelve month period, as determined in accordance with this Section 5.26.2. The disability of the Executive will be determined by a medical doctor selected by written agreement of the Employer and the Executive upon the request of either party by notice to the other. If the Employer and the Executive cannot agree on the selection of a medical doctor, each of them will select a medical doctor and the two medical doctors will select a third medical doctor who will determine whether the Executive has a disability. The determination of the medical doctor selected under this Section 5.2 6.2 will be binding on both parties. The Executive must submit to a reasonable number of examinations by the medical doctor making the determination of disability under this Section 5.26.2, and the Executive hereby authorizes the disclosure and release to the Employer of such determination and all supporting medical records. If the Executive is not legally competent, the Executive's legal guardian or duly authorized attorney-attorney- in-fact will act in the Executive's stead, under this Section 5.26.2, for the purposes of submitting the Executive to the examinations, and providing the authorization of disclosure, required under this Section 5.26.2.

Appears in 1 contract

Samples: Employment Agreement (Eagle Supply Group Inc)

Definition of Disability. For purposes of Section 5.16.1, the Executive will be deemed to have a "disability" if, for physical or mental reasons, the Executive is unable to perform the Executive's ’s duties under this Agreement for 120 one hundred twenty (120) consecutive days, or 180 one hundred eighty (180) days during any twelve-twelve (12) month period, as determined in accordance with this Section 5.26.2. The disability of the Executive will be determined by a medical doctor selected by written agreement of the Employer Company and the Executive upon the request of either party by notice to the other. If the Employer Company and the Executive 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 (3rd) medical doctor who will determine whether the Executive has a disability. The determination of the medical doctor selected under this Section 5.2 6.2 will be binding on both parties. The Executive must submit to a reasonable number of examinations by the medical doctor making the determination of disability under this Section 5.2, and the 6.2. Executive hereby authorizes the disclosure and release to the Employer Company of such determination and all supporting medical recordsrecords but only for the purpose of verifying whether Executive has a disability. To the extent that the determination as to Executive’s disability is inconclusive, Executive shall be deemed not to have a disability. If the Executive is not legally competent, the Executive's ’s legal guardian or duly authorized attorney-in-fact will act in the Executive's ’s stead, under this Section 5.26.2, for the purposes of submitting the Executive to the examinations, and providing the authorization of disclosure, required under this Section 5.26.2.

Appears in 1 contract

Samples: Employment Agreement (Leafbuyer Technologies, Inc.)

Definition of Disability. For purposes of Section 5.1, the Executive will be deemed to have a "disability" if, for physical or mental reasons, the Executive is unable to perform the essential functions of the Executive's duties under this Agreement for 120 consecutive days, or 180 days during any twelve-twelve month period, as determined in accordance with this Section 5.2. The disability of the Executive will be determined by a medical doctor selected by written agreement of the Employer and the Executive upon the request of either party by notice to the other. If the Employer and the Executive cannot agree on the selection of a medical doctor, each of them will select a medical doctor and the two medical doctors will select a third medical doctor who will determine whether the Executive has a disability. The determination of the medical doctor selected under this Section 5.2 will be binding on both parties. The Executive must submit to a reasonable number of examinations by the medical doctor making the determination of disability under this Section 5.2, and the Executive hereby authorizes the disclosure and release to the Employer of such determination and all supporting medical records. If the Executive is not legally competent, the Executive's legal guardian or duly authorized attorney-in-fact will act in the Executive's stead, under this Section 5.2, for the purposes of submitting the Executive to the examinations, and providing the authorization of disclosure, required under this Section 5.2.

Appears in 1 contract

Samples: Employment Agreement (Showpower Inc)

Definition of Disability. For purposes of Section 5.16.1, the Executive will be deemed to have a "disability" if, for physical or mental reasons, the Executive is unable to perform the essential functions of the Executive's duties under this Agreement for 120 consecutive days, or 180 days during any twelve-twelve month period, as determined in accordance with this Section 5.26.2. The disability of the Executive will be determined by a medical doctor selected by written agreement of the Employer and the Executive upon the request of either party by notice to the other. If the Employer and the Executive cannot agree on the selection of a medical doctor, each of them will select a medical doctor and the two medical doctors will select a third medical doctor who will determine whether the Executive has a disability. The determination of the medical doctor selected under this Section 5.2 6.2 will be binding on both parties. The Executive must submit to a reasonable number of examinations by the medical doctor making the determination of disability under this Section 5.26.2, and the Executive hereby authorizes the disclosure and release to the Employer of such determination and all supporting medical records. If the Executive is not legally competent, the Executive's legal guardian or duly authorized attorney-in-fact will act in the Executive's stead, under this Section 5.2, for the purposes of submitting the Executive to the examinations, and providing the authorization of disclosure, required under this Section 5.2.,

Appears in 1 contract

Samples: Employment Agreement (Nationsrent Inc)

Definition of Disability. For purposes of Section 5.16.1, the Executive will be deemed to have a "disability" if, for physical or mental reasons, the Executive is unable to perform the Executive's ’s duties under this Agreement for 120 consecutive days, or 180 days during any twelve-twelve month period, as determined in accordance with this Section 5.26.2. The disability of the Executive will be determined by a medical doctor selected by written agreement of the Employer and the Executive upon the request of either party by notice to the other. If the Employer and the Executive cannot agree on the selection of a medical doctor, each of them will select a medical doctor and the two medical doctors will select a third medical doctor who will determine whether the Executive has a disability. The determination of the medical doctor selected under this Section 5.2 6.2 will be binding on both parties. The Executive must submit to a reasonable number of examinations by the medical doctor making the determination of disability under this Section 5.26.2, and the Executive hereby authorizes the disclosure and release to the Employer of such determination and all supporting medical records. If the Executive is not legally competent, the Executive's ’s legal guardian or duly authorized attorney-in-fact will act in the Executive's ’s stead, under this Section 5.26.2, for the purposes of submitting the Executive to the examinations, and providing the authorization of disclosure, required under this Section 5.26.2.

Appears in 1 contract

Samples: Employment Agreement (BMB Munai Inc)

Definition of Disability. For purposes of Section 5.16.1 hereof, the Executive will be deemed to have a "disability" if, for physical or mental reasons, the Executive is unable to perform the essential functions of the Executive's duties under this Agreement for 120 consecutive days, or 180 days during any twelve-twelve month period, as determined in accordance with this Section 5.26.2. The disability of the Executive will be determined by a medical doctor selected by written agreement of the Employer and the Executive upon the request of either party by written notice to the other. If the Employer and the Executive cannot agree on the selection of a medical doctor, each of them will select a medical doctor and the two medical doctors will select a third medical doctor who will determine whether the Executive has a disability. The determination of the medical doctor selected under this Section 5.2 6.2 will be binding on both parties. The Executive must submit to a reasonable number of examinations by the medical doctor making the determination of disability under this Section 5.26.2, and the Executive hereby authorizes the disclosure and release to the Employer of such determination of disability and all supporting medical records. If the Executive is not legally competent, the Executive's legal guardian or duly authorized attorney-in-fact will act in the Executive's stead, under this Section 5.26.2, for the purposes of selecting the medical doctor to make the determination of disability, submitting the Executive to the examinations, and providing the authorization of disclosure, required under this Section 5.26.2.

Appears in 1 contract

Samples: Employment Agreement (Eagle Supply Group Inc)

Definition of Disability. For purposes of Section 5.1this Agreement, the Executive will be deemed to have a "disability" if, during the Employment Period for physical or mental reasons, the Executive is unable to perform the Executive's duties under this Agreement for 120 consecutive days, or 180 days during any twelve-twelve (12) month period, as determined in accordance with this Section 5.2. The disability of the Executive will be determined by a medical doctor selected by written mutual agreement of the Employer and the Executive upon the request of either party by notice to the other. If the Employer and the Executive cannot agree on the selection of a medical doctor, each of them will select a medical doctor and the two medical doctors will select a third medical doctor who will determine whether the Executive has a disability. The determination of the medical doctor selected under this Section 5.2 will be binding on both parties. The Executive must submit to a reasonable number of examinations by the medical doctor making the determination of disability under this Section 5.2, and the Executive hereby authorizes the disclosure and release to the Employer of such determination and all supporting any relevent medical records. If the Executive is not legally competent, the Executive's legal guardian or duly authorized attorney-in-attorney in fact will act in the Executive's stead, under this Section 5.2, for the purposes of submitting the Executive to the medical examinations, and providing the authorization of disclosure, required under this Section 5.2.

Appears in 1 contract

Samples: Employment Agreement (Kansas City Power & Light Co)

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