Definition of Disabled. For purposes of this Agreement, Employee shall be deemed to be "Disabled" when, by reason of physical or mental illness or of injury, he is unable to perform substantially all of the duties and responsibilities required of him in connection with his employment hereunder. No disability shall be deemed to exist until after Employee shall be unable to perform his duties hereunder for ninety (90) consecutive days (the "Disability Period"). If Employee shall have been under a disability but shall have returned to work prior to the end of the Disability Period, any new disability commencing within thirty (30) days of the termination of the prior disability shall be a continuation of the prior disability, and the period of all such disabilities shall be added together to determine whether, or how much of, the Disability Period has elapsed.
Definition of Disabled. As used herein, “Disabled” shall mean a mental or physical impairment which, in the reasonable opinion of a qualified doctor selected by mutual agreement of the Company and Employee acting reasonably, renders Employee unable, with reasonable accommodation, to perform with reasonable diligence the essential functions and duties of Employee on a full-time basis in accordance with the terms of this Agreement, which inability continues for a period of not less than 180 consecutive days. The providing of service to the Company for up to two (2) three (3) day periods during the one hundred and eighty (180) day period of disability will not affect the determination as to whether Employee is Disabled and will not restart the one hundred and eighty (180) day period of disability. If any dispute arises between the parties as to whether Employee is Disabled, Employee will submit to an examination by a physician selected by the mutual agreement of the Company and Employee acting reasonably, at the Company’s expense. The decision of the physician will be certified in writing to the Company, and will be sent by the Physician to Employee or Employee’s legally authorized representative, and will be conclusive for the purposes of determining whether Employee is Disabled. If Employee fails to submit to a medical examination within twenty (20) days after the Company’s request, Employee will be deemed to have voluntarily terminated his or her employment.
Definition of Disabled. A Participant is treated as Disabled if such Participant satisfies the conditions in Section 1.37 of the Plan. To override this default definition, check below to select an alternative definition of Disabled to be used under the Plan.
Definition of Disabled. A Participant is disabled if he/she meets any of the requirements selected below:
Definition of Disabled. A Participant is disabled if he/she (check the appropriate box(es)):
Definition of Disabled. As used herein, “Disabled” shall mean a mental or physical impairment which, in the reasonable opinion of a qualified doctor selected by the Company, renders Employee unable, with or without reasonable accommodation, to perform with reasonable diligence the ordinary functions and duties of Employee on a full-time basis in accordance with the terms of this Agreement, which inability continues for a period of not less than 180 consecutive days. The providing of service to the Company for up to two (2) three (3) day periods during the one hundred and eighty (180) day period of disability will not affect the determination as to whether Employee is Disabled and will not restart the one hundred and eighty (180) day period of disability. If any dispute arises between the parties as to whether Employee is Disabled, Employee will submit to an examination by a physician selected by the mutual agreement of the Company and Employee, at the Company’s expense. The decision of the physician will be certified in writing to the Company, and will be sent by the Company to Employee or Employee’s legally authorized representative, and will be conclusive for the purposes of determining whether Employee is Disabled. If Employee fails to submit to a medical examination within twenty (20) days after the Company’s request, Employee will be deemed to have voluntarily terminated his or her employment.
Definition of Disabled. The Employee shall be considered to be “disabled” for purposes of this Section 6, if in the judgment of a licensed physician selected by the Board, the Employee is unable to perform his customary duties under this Employment Agreement because of a physical or mental impairment. The determination by the physician shall be binding and conclusive for all purposes.
Definition of Disabled. For the purposes of this Agreement, the Executive shall be considered to be “Disabled” if the Executive is physically or mentally disabled (except due to substance or alcohol abuse) from the performance of a major portion of his duties for a continuous period of 120 days or greater, which determination shall be made in the reasonable exercise of the Company’s judgment, provided, however, if Executive’s disability is the result of a serious health condition as defined by the federal Family and Medical Leave Act (“FMLA”), Executive’s employment shall not be terminated due to such disability at any time during or after any period of FMLA-qualified leave except as permitted by FMLA. If there should be a dispute between the Company and Executive as to Executive’s physical or mental disability for purposes of this Agreement, the question shall be settled by the opinion of an impartial reputable physician or psychiatrist designated by the Executive in his reasonable discretion.
Definition of Disabled. For purposes of this Section 7, Executive shall be "disabled" if, due to illness or injury, either physical or mental, Executive has been substantially unable to perform his customary duties for the Company for a period of one hundred eighty (180) consecutive days or an aggregate of one hundred eighty (180) days within a period of 365 consecutive days, provided the Company has given Executive thirty (30) days written notice of potential termination, and within said thirty (30) day period after written notice of termination had been given, Executive has not returned to the reasonable full-time performance of his duties.
Definition of Disabled. The Employee shall be considered to be "disabled" for purposes of this Section 6, if, in the judgment of two (2) licensed physicians (one of whom shall be selected by the Board of Directors of DCOF and the other selected by the Employee (or him personal representative)), the Employee is unable to perform his customary duties under this Agreement because of a physical or mental impairment or if the Employee is unable to perform his customary duties and responsibilities under this Agreement for one hundred twenty (120) days in any twelve (12) month period for any reason whatsoever; provided, however, that DCOF shall only pay the Employee his compensation package as provided by Section 3.1 above up to thirty (30) days during said disability period. The determination by such physicians shall be binding and conclusive for all purposes. Upon the expiration of the one hundred twenty (120) days, DCOF may, in its sole discretion, terminate this Agreement.
