Common use of Definition of Total Disability Clause in Contracts

Definition of Total Disability. As used in this Agreement, the term "Total Disability" refers to a condition resulting from injury or illness to the Employee Shareholder which prevents the Employee Shareholder from performing the duties he or she has previously performed, and could be reasonably expected to perform on behalf of the Company, for a period of 365 consecutive days (the "Disability Period"), and Total Disability shall be deemed to occur on the first day following the initial 365 day period (the "Total Disability Date"). In the event that the disabled Employee Shareholder returns to the Company within the Disability Period, but can fully perform the required services for less than thirty (30) days, and then relapses to his or her disability, the Disability Period shall not be considered to have been interrupted. In the event the Company has disability insurance protection on the Employee Shareholder, or the Employee Shareholder has an individual policy, the receipt of such disability insurance payments shall be deemed proof that the Employee Shareholder is disabled, and the waiting period and periods during which such Employee receives disability payments from such insurance, shall be deemed proof of the extent of time the Employee Shareholder has been disabled. Any dispute as to whether or not an Employee Shareholder is "Totally Disabled" and for how long he or she has been disabled as defined in this Agreement, shall be settled by mediation and/or arbitration in accordance with the provisions of this Agreement.