Common use of Definition of Disability Clause in Contracts

Definition of Disability. For purposes of Sections 6.1 and 6.3, the Employee will be deemed to have a “Disability” if, as a result of any medically determinable physical or mental impairment that can be expected to result in death or can be expected to last for a continuous period of not less than 12 months, the Employee is unable to engage in any substantial gainful activity or is receiving income replacement benefits for a period of three months or more under an accident and health plan covering employees of the Employer.

Definition of Disability. For purposes of Sections 6.1 and 6.3hereof, the Employee will be deemed to have a “Disability” if, as shall mean a result of any medically determinable physical or mental impairment incapacity of Executive that can be entitles Executive to benefits under the Company’s long-term disability plan, or, in the absence of such a plan, it is reasonably determined by the Board that Executive is unable to perform, by reason of such physical or mental incapacity, the essential functions of his or her position for a period of at least 180 days in any twelve (12)-month period or that is reasonably expected to result in death or can be expected to last for a continuous period of not less than 12 months, the Employee is unable to engage in any substantial gainful activity or is receiving income replacement benefits for a period of three months or more under an accident and health plan covering employees of the EmployerExecutive’s death.

Definition of Disability. For purposes of Sections 6.1 and 6.3, the Employee will be deemed to have a this Agreement “Disability” if, as a result of shall mean any medically determinable physical or mental impairment that can be expected to result in death or that has lasted or can be expected to last for a continuous period of not less than 12 months, the Employee is twelve (12) months and renders Executive unable to engage in any substantial gainful activity or is receiving income replacement benefits for a period perform the duties of three months or more under an accident General Counsel and health plan covering employees of the EmployerExecutive Vice President, Legal Affairs and Corporate Secretary.

Definition of Disability. For purposes of Sections 6.1 and 6.3, the Employee will be deemed to have a this Agreement “Disability” if, as a result of shall mean any medically determinable physical or mental impairment that can be expected to result in death or that has lasted or can be expected to last for a continuous period of not less than 12 months, the Employee is twelve (12) months and renders Executive unable to engage in any substantial gainful activity or is receiving income replacement benefits for a period perform the duties of three months or more under an accident and health plan covering employees of the EmployerPresident & CEO.

Definition of Disability. For purposes of Sections 6.1 and 6.3this Agreement, the Employee will be deemed to have a term “Disability” if, shall be defined as a result of any medically determinable the Executive’s incapacity due to physical or mental impairment that can be expected to result illness which results in death his or can be expected to last her absence from the full-time performance of his or her duties under this Agreement for a continuous period of at least ninety (90) consecutive days during the time he or she is employed by the Company, provided, that in every case, this clause will not less than 12 months, conflict with the Employee is unable to engage in any substantial gainful activity or is receiving income replacement benefits for a period Family and Medical Leave Act of three months or more under an accident and health plan covering employees of the Employer1993 (FMLA).

Definition of Disability. For purposes of Sections 6.1 and 6.3, the Employee will be deemed to have a this Agreement “Disability” if, as a result of shall mean any medically determinable physical or mental impairment that can be expected to result in death or that has lasted or can be expected to last for a continuous period of not less than 12 months, the Employee is twelve (12) months and renders Executive unable to engage in any substantial gainful activity or is receiving income replacement benefits for a period perform the duties of three months or more under an accident and health plan covering employees of the EmployerExecutive Vice President, Commercial.

Definition of Disability. For purposes of Sections 6.1 and 6.3, the Employee will be deemed to have a this Agreement “Disability” if, as a result of shall mean any medically determinable physical or mental impairment that can be expected to result in death or that has lasted or can be expected to last for a continuous period of not less than 12 months, the Employee is twelve (12) months and renders Executive unable to engage in any substantial gainful activity or is receiving income replacement benefits for a period perform the duties of three months or more under an accident and health plan covering employees of the EmployerSenior Vice President, Commercial.

Definition of Disability. For purposes of Sections 6.1 and 6.3, the Employee will be deemed to have a this Agreement “Disability” if, as a result of shall mean any medically determinable physical or mental impairment that can be expected to result in death or that has lasted or can be expected to last for a continuous period of not less than 12 months, the Employee is twelve (12) months and renders Executive unable to engage in any substantial gainful activity or is receiving income replacement benefits for a period perform the duties of three months or more under an accident and health plan covering employees of the EmployerChief Technical Officer.

Definition of Disability. For purposes of Sections 6.1 and 6.3hereof, the Employee will be deemed "Disability" means Executive's inability due to have a “Disability” if, as a result of any medically determinable physical or mental impairment that can be expected incapacity to result in death or can be expected to last for a continuous period perform the duties and services of not less than 12 months, the Employee is unable to engage in any substantial gainful activity or is receiving income replacement benefits his position for a period of three months 120 days. At the Company's option, such physical or more under an accident mental incapacity may be determined by a physician selected by the Company and health plan covering employees reasonably acceptable to Executive or presumed by the Company on the basis of Executive's failure to perform the Employerduties and services of his position for a period of 120 days.

Definition of Disability. For purposes of Sections 6.1 and 6.3, the Employee will be deemed to have a this Agreement “Disability” if, as a result of shall mean any medically determinable physical or mental impairment that can be expected to result in death or that has lasted or can be expected to last for a continuous period of not less than 12 months, the Employee is twelve (12) months and renders Executive unable to engage in any substantial gainful activity or is receiving income replacement benefits for a period perform the duties of three months or more under an accident and health plan covering employees of the EmployerChief Medical Officer.

Definition of Disability. For purposes of Sections 6.1 and 6.3, the Employee will be deemed to have a this Agreement “Disability” if, as a result of shall mean any medically determinable physical or mental impairment that can be expected to result in death or that has lasted or can be expected to last for a continuous period of not less than 12 months, the Employee is twelve (12) months and renders Executive unable to engage in any substantial gainful activity or is receiving income replacement benefits for a period perform the duties of three months or more under an accident and health plan covering employees of the EmployerCFO.

Definition of Disability. For purposes of Sections 6.1 and 6.3hereof, the Employee will be deemed to have a “Disability” ifshall mean the earlier to occur of (i) Executive’s entitlement to monthly income replacement benefits under a Company plan of long-term disability insurance, as a result or (ii) Executive’s inability to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment that can be expected to result in death or that can be expected to last for a continuous period of not less than 12 twelve (12) months, in each case as determined by the Employee is unable to engage in any substantial gainful activity Board or is receiving income replacement benefits for a period of three months or more under an accident and health plan covering employees of the Employercommittee thereof.

Definition of Disability. For purposes of Sections 6.1 and 6.3, the Employee will be deemed to have a “Disability” ifmeans Executive’s inability, because of physical or mental illness or injury, substantially to perform her duties hereunder as a result of any medically determinable physical or mental impairment that can be expected to result in death or can be expected to last incapacity for a continuous period of at least four (4) continuous months. The existence of a Disability means that Executive cannot less than 12 monthsperform the essential functions of her position with or without reasonable accommodation. Any dispute as to Executive’s incapacitation shall be resolved by an independent physician selected by the Board and reasonably acceptable to Executive, the Employee is unable to engage in any substantial gainful activity or is receiving income replacement benefits for a period of three months or more under an accident whose determination shall be final and health plan covering employees of the Employerbinding upon both Executive and Company.

Definition of Disability. For purposes of Sections 6.1 and 6.3, the Employee will be deemed to have a “Disability” ifmeans the inability of the Executive to perform the Executive Duties pursuant to the terms of this Agreement, as a result because of any medically determinable physical or mental impairment that can be expected to result in death or can be expected to last for a continuous period of not less than 12 months, the Employee is unable to engage in any substantial gainful activity or is receiving income replacement benefits disability where such disability shall have existed for a period of three months more than ninety (90) consecutive days in any two hundred and seventy (270) day period. The existence of a Disability means that the Executive cannot perform the essential functions of his position with or more under an accident and health plan covering employees without reasonable accommodation. The fact of whether or not a Disability exists hereunder shall be determined by a professionally qualified medical expert reasonably chosen by the EmployerCompany.

Definition of Disability. For purposes of Sections 6.1 and 6.3, the Employee will be deemed to have a this Agreement “Disability” if, as a result of shall mean any medically determinable physical or mental impairment that can be expected to result in death or that has lasted or can be expected to last for a continuous period of not less than 12 months, the Employee is twelve (12) months and renders Executive unable to engage in any substantial gainful activity or is receiving income replacement benefits for a period perform the duties of three months or more under an accident and health plan covering employees of the Employer.Chief Financial Officer. IV. STOCK ACCELERATION 4.1

Definition of Disability. For Disability for the purposes of Sections 6.1 and 6.3, this Article shall mean the Employee will be deemed inability of Executive to have a “Disability” if, perform his duties as a result of any medically determinable physical or mental impairment that can be expected to result in death or can be expected to last for a continuous period of not less than 12 months, the Employee is unable to engage in any substantial gainful activity or is receiving income replacement benefits for a period of three months or more under an accident and health plan covering employees of the Employerdescribed herein.

Definition of Disability. For purposes of Sections 6.1 and 6.3, the Employee will be deemed to have a this Agreement “Disability” if, as a result of shall mean any medically determinable physical or mental impairment that can be expected to result in death or that has lasted or can be expected to last for a continuous period of not less than 12 months, the Employee is twelve (12) months and renders Executive unable to engage in any substantial gainful activity or is receiving income replacement benefits for a period perform the duties of three months or more under an accident Executive Vice President, Commercial US and health plan covering employees of the EmployerCanada.

Definition of Disability. For purposes of Sections 6.1 and 6.3, the Employee will be deemed to have a this Agreement “Disability” if, as a result of shall mean any medically determinable physical or mental impairment that can be expected to result in death or that has lasted or can be expected to last for a continuous period of not less than 12 months, the Employee is twelve (12) months and renders Executive unable to engage in any substantial gainful activity or is receiving income replacement benefits for a period perform the duties of three months or more under an accident and health plan covering employees of the EmployerChief Medical Officer. IV.

Definition of Disability. For purposes of Sections 6.1 and 6.3, the Employee will be deemed to have a this Agreement “Disability” if, as a result of shall mean any medically determinable physical or mental impairment that can be expected to result in death or that has lasted or can be expected to last for a continuous period of not less than 12 months, the Employee is twelve (12) months and renders Executive unable to engage in any substantial gainful activity or is receiving income replacement benefits for a period perform the duties of three months or more under an accident and health plan covering employees of the Employer.Chief Legal Officer. IV. STOCK ACCELERATION 4.1

Definition of Disability. For purposes hereof, "Disability" shall mean a disability that entitles Executive to benefits under the Company's long-term disability plan, or, in the absence of Sections 6.1 and 6.3such a plan, the Employee will be deemed to have a “Disability” if, as a result of any medically determinable Executive's physical or mental impairment that can be renders Executive unable to perform his duties hereunder without reasonable accommodation for a period of at least 180 days in any twelve (12)-month period or that is reasonably expected to result in death or can be expected to last for a continuous period of not less than 12 months, the Employee is unable to engage in any substantial gainful activity or is receiving income replacement benefits for a period of three months or more under an accident and health plan covering employees of the EmployerExecutive's death.

Definition of Disability. For purposes of Sections 6.1 and 6.3, the Employee will be deemed to have a this Agreement “Disability” if, as a result of shall mean any medically determinable physical or mental impairment that can be expected to result in death or that has lasted or can be expected to last for a continuous period of not less than 12 months, the Employee is twelve (12) months and renders Executive unable to engage in any substantial gainful activity or is receiving income replacement benefits for a period perform the duties of three months or more under an accident and health plan covering employees of the Employer.Executive Vice President, Commercial U.S.. IV. STOCK ACCELERATION 4.1

Definition of Disability. For purposes of Sections 6.1 and 6.3, the Employee will be deemed to have a this Agreement “Disability” if, as a result of shall mean any medically determinable physical or mental impairment that can be expected to result in death or that has lasted or can be expected to last for a continuous period of not less than 12 months, the Employee is twelve (12) months and renders Executive unable to engage in any substantial gainful activity or is receiving income replacement benefits for a period perform the duties of three months or more under an accident and health plan covering employees of the EmployerChief Operating Officer.

Definition of Disability. For purposes The term "Disability" shall mean the inability of Sections 6.1 and 6.3, the Employee will Executive to discharge properly his duties hereunder due to physical or mental illness or injury for 90 business days in any period of 180 consecutive business days. The Executive shall be deemed to have a “Disability” if, as a result become disabled upon the expiration of any medically determinable physical or mental impairment that can be expected to result in death or can be expected to last for a continuous period of not less than 12 months, the Employee is unable to engage in any substantial gainful activity or is receiving income replacement benefits for a period of three months or more under an accident and health plan covering employees of the Employersuch 90 days.

Definition of Disability. For purposes of Sections 6.1 and 6.3hereof, the Employee will be deemed to have a term “Disability” ifshall mean an incapacity by accident, as illness or other circumstance which renders the Executive mentally or physically incapable of performing the duties and services required of the Executive hereunder on a result of any medically determinable physical or mental impairment that can be expected to result in death or can be expected to last for a continuous period of not less than 12 months, the Employee is unable to engage in any substantial gainful activity or is receiving income replacement benefits full-time basis for a period of three months or more under an accident and health plan covering employees of the Employerat least 180 consecutive days.

Definition of Disability. For purposes of Sections 6.1 and 6.3, the Employee will be deemed to have a this Agreement “Disability” if, as a result of shall mean any medically determinable physical or mental impairment that can be expected to result in death or that has lasted or can be expected to last for a continuous period of not less than 12 months, the Employee is twelve (12) months and renders Executive unable to engage in any substantial gainful activity or is receiving income replacement benefits for a period perform the duties of three months or more under an accident and health plan covering employees of the EmployerChief Financial Officer.

Definition of Disability. For purposes of Sections 6.1 and 6.3, the Employee will be deemed to have a this Agreement “Disability” if, as a result of shall mean any medically determinable physical or mental impairment that can be expected to result in death or that has lasted or can be expected to last for a continuous period of not less than 12 months, the Employee is twelve (12) months and renders Executive unable to engage in any substantial gainful activity or is receiving income replacement benefits for a period perform the duties of three months or more under an accident Chief Medical Officer and health plan covering employees of the EmployerExecutive Vice President, Research and Development.

Definition of Disability. For purposes of Sections 6.1 and 6.3, the Employee will be deemed to have a this Agreement “Disability” if, as a result of shall mean any medically determinable physical or mental impairment that can be expected to result in death or that has lasted or can be expected to last for a continuous period of not less than 12 months, the Employee is twelve (12) months and renders Executive unable to engage in any substantial gainful activity or is receiving income replacement benefits for a period perform the duties of three months or more under an accident and health plan covering employees of the Employer.Chief Executive Officer. IV. STOCK ACCELERATION 4.1

Definition of Disability. For purposes of Sections 6.1 and 6.3hereof, the Employee will be deemed to have a “Disability” ifshall mean a disability that entitles Executive to benefits under the Company’s long-term disability plan, as or, in the absence of such a result of any medically determinable plan, Executive’s physical or mental impairment that can be renders Executive unable to perform his duties hereunder without reasonable accommodation for a period of at least 180 days in any twelve (12)-month period or that is reasonably expected to result in death or can be expected to last for a continuous period of not less than 12 months, the Employee is unable to engage in any substantial gainful activity or is receiving income replacement benefits for a period of three months or more under an accident and health plan covering employees of the EmployerExecutive’s death.

Definition of Disability. For purposes of Sections 6.1 and 6.3the Agreement, the Employee will be deemed to have a “Disability” ifshall mean a mental or physical disability, as a result illness or incapacity of any medically determinable physical or mental impairment that can be expected to result in death or can be expected to last for a continuous period of not less than 12 months, the Employee is Executive which renders Executive unable to engage in any perform a substantial gainful activity or is receiving income replacement benefits portion of her duties as an employee of the Employer for a period of three months ninety consecutive days or more under an accident aggregate period of one hundred and health plan covering employees eighty days in any eighteen (18) month period or that renders Executive unable to earn a livelihood as an employee of a business comparable to the Employer’s business, unless further time is required under applicable employee protection legislation at the Employment location.

Definition of Disability. For purposes of Sections 6.1 and 6.3hereof, the Employee will be deemed to have a term “Disability” ifshall mean an incapacity by accident, as illness or other circumstances which renders the Executive mentally or physically incapable of performing the duties and services required of the Executive hereunder on a result of any medically determinable physical or mental impairment that can be expected to result in death or can be expected to last for a continuous period of not less than 12 months, the Employee is unable to engage in any substantial gainful activity or is receiving income replacement benefits full-time basis for a period of three months or more under an accident and health plan covering employees of the Employerat least 120 consecutive days.

Definition of Disability. For purposes of Sections 6.1 and 6.3As used herein, the Employee will be deemed to have a “Disability” ifshall mean, as a result during the Term, the Executive satisfies the definition set forth in the Company’s long-term disability benefit plan in which the Executive is enrolled at the time of any medically determinable physical the determination or mental impairment that can be expected if there is no such plan, the Executive is unable to result in death or can be expected to last perform the Executive’s employment duties for a continuous period of not less than 12 monthssix (6) months for reasons of health, and, in the Employee is unable to engage in any substantial gainful activity or is receiving income replacement benefits opinion of a physician appointed by the Company, such disability will continue for a prolonged period of three months or more under an accident and health plan covering employees of the Employer.time. ] 3

Definition of Disability. For purposes of Sections 6.1 and 6.3, the Employee will be deemed to have a this Agreement “Disability” if, as a result of shall mean any medically determinable physical or mental impairment that can be expected to result in death or that has lasted or can be expected to last for a continuous period of not less than 12 months, the Employee is twelve (12) months and renders Executive unable to engage in any substantial gainful activity or is receiving income replacement benefits for a period perform the duties of three months or more under an accident and health plan covering employees of the EmployerChief Commercial Officer.

Definition of Disability. For purposes of Sections 6.1 and 6.3, the Employee will be deemed to have a this Agreement “Disability” if, as a result of shall mean any medically determinable physical or mental impairment that can be expected to result in death or that has lasted or can be expected to last for a continuous period of not less than 12 months, the Employee is twelve (12) months and renders Executive unable to engage in any substantial gainful activity or is receiving income replacement benefits for a period perform the duties of three months or more under an accident and health plan covering employees of the EmployerCBO.

Definition of Disability. For purposes of Sections 6.1 and 6.3, the Employee will be deemed to have a this Agreement “Disability” if, as a result of shall mean any medically determinable physical or mental impairment that can be expected to result in death or that has lasted or can be expected to last for a continuous period of not less than 12 months, the Employee is twelve (12) months and renders Executive unable to engage in any substantial gainful activity or is receiving income replacement benefits for a period perform the duties of three months or more under an accident and health plan covering employees of the EmployerPresident, Research & Development. IV.

Definition of Disability. For purposes of Sections 6.1 and 6.3, the Employee will be deemed to have a this Agreement “Disability” if, as a result of shall mean any medically determinable physical or mental impairment that can be expected to result in death or that has lasted or can be expected to last for a continuous period of not less than 12 months, the Employee is twelve (12) months and renders Executive unable to engage in any substantial gainful activity or is receiving income replacement benefits for a period perform the duties of three months or more under an accident and health plan covering employees of the Employer.Chief Technical Officer. IV. STOCK ACCELERATION 4.1

Definition of Disability. For purposes of Sections 6.1 and 6.3, the Employee will be deemed to have a this Agreement “Disability” if, as a result of shall mean any medically determinable physical or mental impairment that can be expected to result in death or that has lasted or can be expected to last for a continuous period of not less than 12 months, the Employee is twelve (12) months and renders Executive unable to engage in any substantial gainful activity or is receiving income replacement benefits for a period perform the duties of three months or more under an accident and health plan covering employees of the Employer.President & CEO. IV. STOCK ACCELERATION 4.1

Definition of Disability. For purposes of Sections 6.1 and 6.3, the Employee will be deemed to have a this Agreement “Disability” if, as a result of shall mean any medically determinable physical or mental impairment that can be expected to result in death or that has lasted or can be expected to last for a continuous period of not less than 12 months, the Employee is twelve (12) months and renders Executive unable to engage in any substantial gainful activity or is receiving income replacement benefits for a period perform the duties of three months or more under an accident and health plan covering employees of the EmployerExecutive Vice President, Technical Operations.

Definition of Disability. For purposes of Sections 6.1 and 6.3the Agreement, the Employee will be deemed to have a “Disability” ifshall mean a mental or physical disability, as a result illness or incapacity of any medically determinable physical or mental impairment that can be expected to result in death or can be expected to last for a continuous period of not less than 12 months, the Employee is Executive which renders Executive unable to engage in any perform a substantial gainful activity or is receiving income replacement benefits portion of his duties as an employee of the Employer for a period of three months ninety consecutive days or more under an accident aggregate period of one hundred and health plan covering employees eighty days in any eighteen (18) month period or that renders Executive unable to earn a livelihood as an employee of a business comparable to the Employer’s business, unless further time is required under applicable employee protection legislation at the Employment location.