Common use of Disability of the Executive Clause in Contracts

Disability of the Executive. The Corporation may immediately terminate this Agreement upon the delivery of a Notice of Termination (as defined in Section 8(e) of this Agreement) to the Executive setting forth the facts that indicate that a determination has been made that the Executive has a Disability. For purposes of this Agreement, the Executive will be deemed to have a "Disability" under any of the following conditions: (1) the Executive is unable to render and perform substantially and continuously the Executive's duties and services as required by this Agreement by reason of any medically determinable physical or mental condition that is expected to result in death or can reasonably be expected to last for a continuous period of not less than 12 months, (2) the Executive is determined to be disabled in accordance with a disability income insurance program sponsored by the Corporation, provided the definition of disability applied under such program complies with the requirements of Section 409A of the Code, or (3) the Executive is determined to be totally disabled by the Social Security Administration. Upon the request of either party hereto following written notice to the other, the Disability of the Executive in accordance with part (1) of the preceding sentence will be determined by a medical doctor (the "Examining Doctor") who shall be selected as follows: the Corporation and the Executive shall each select a medical doctor, and those two medical doctors will select a third medical doctor who will be the Examining Doctor. The determination of the Examining Doctor as to whether or not the Executive has a Disability pursuant to part (1) of this Section 8(b), will be binding on both parties hereto. For purposes of part (1) of this Section 8(b), the Executive must submit to a reasonable number of examinations by the Examining Doctor, and the Executive hereby authorizes the disclosure and release to the Corporation of such determination and the results of such examinations; provided, however, 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 8(b) for the purposes of submitting the Executive to examinations and providing any such authorizations of disclosure.

Disability of the Executive. The Corporation may immediately terminate this Agreement upon the delivery of a Notice of Termination (as defined in Section 8(e8(f) of this Agreement) to the Executive setting forth the facts that indicate that a determination has been made that the Executive has a Disability. For purposes of this Agreement, the Executive will be deemed to have a "Disability" under any of the following conditions: (1) the Executive is unable to render and perform substantially and continuously the Executive's duties and services as required by this Agreement by reason of any medically determinable physical or mental condition that is expected to result in death or can reasonably be expected to last for a continuous period of not less than 12 months, (2) the Executive is determined to be disabled in accordance with a disability income insurance program sponsored by the Corporation, provided the definition of disability applied under such program complies with the requirements of Section 409A of the Code, or (3) the Executive is determined to be totally disabled by the Social Security Administration. Upon the request of either party hereto following written notice to the other, the Disability of the Executive in accordance with part (1) of the preceding sentence will be determined by a medical doctor (the "Examining Doctor") who shall be selected as follows: the Corporation and the Executive shall each select a medical doctor, and those two medical doctors will select a third medical doctor who will be the Examining Doctor. The determination of the Examining Doctor as to whether or not the Executive has a Disability pursuant to part (1) of this Section 8(b), will be binding on both parties hereto. For purposes of part (1) of this Section 8(b), the Executive must submit to a reasonable number of examinations by the Examining Doctor, and the Executive hereby authorizes the disclosure and release to the Corporation of such determination and the results of such examinations; provided, however, 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 8(b) for the purposes of submitting the Executive to examinations and providing any such authorizations of disclosure.