Common use of Disability Clause in Contracts

Disability. For purposes of this Agreement, “Disability” shall mean the Executive’s absence from the full-time performance of the Executive’s duties (as such duties existed immediately prior to such absence) for 180 consecutive business days, when the Executive is disabled as a result of incapacity due to physical or mental illness.

Appears in 29 contracts

Samples: Continuity Agreement (Hubbell Inc), Continuity Agreement (Hubbell Inc), Continuity Agreement (Tronox Inc)

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Disability. For purposes of this Agreement, "Disability" shall mean the Executive’s 's absence from the full-time performance of the Executive’s 's duties (as such duties existed immediately prior to such absence) for 180 consecutive business days, when the Executive is disabled as a result of incapacity due to physical or mental illness.

Appears in 24 contracts

Samples: Continuity Agreement for Key Employees (Tronox Inc), Continuity Agreement (Kerr McGee Corp /De), Amended Continuity Agreement (Kerr McGee Corp /De)

Disability. For purposes of this Agreement, “Disability” shall mean the means Executive’s absence from the full-time performance of the inability to perform Executive’s duties (as such duties existed immediately prior to such absence) for 180 consecutive business days, when the Executive is disabled as a result of incapacity due to Executive’s physical or mental illnessincapacity, as reasonably determined by the Board or its designee, for an aggregate of 180 days in any 365 consecutive day period.

Appears in 22 contracts

Samples: Executive Employment Agreement (Upland Software, Inc.), Executive Employment Agreement (Homeaway Inc), Employment Agreement (Capnia, Inc.)

Disability. For purposes of this Agreement, “Disability” shall mean the " means Executive’s 's absence from the Executive's full-time performance of duties with the Executive’s duties (as such duties existed immediately prior to such absence) Company for 180 consecutive business days, when the Executive is disabled calendar days as a result of Executive's incapacity due to physical or mental illness, as determined by Executive’s attending physician and in accordance with the Company’s Medical Leave of Absence Policy, unless within 30 days after notice of termination by the Company following such absence Executive shall have returned to the full-time performance of Executive's duties. This Agreement does not apply if the Executive is terminated due to Disability.

Appears in 21 contracts

Samples: Executive Change of Control Agreement (Radisys Corp), Executive Change of Control Agreement (Radisys Corp), Executive Severance Agreement (Radisys Corp)

Disability. For purposes of this Agreement, “Disability” shall mean a physical or mental infirmity which impairs the Executive’s absence from ability to substantially perform his duties with the full-Company for a period of 180 consecutive days, and the Executive has not returned to his full time performance employment prior to the Termination Date as stated in the Notice of the Executive’s duties Termination (as such duties existed immediately prior to such absence) for 180 consecutive business days, when the Executive is disabled as a result of incapacity due to physical or mental illnesshereinafter defined).

Appears in 14 contracts

Samples: Severance Protection Agreement (Century Aluminum Co), Severance Protection Agreement (Century Aluminum Co), Severance Protection Agreement (Century Aluminum Co)

Disability. For purposes of this Agreement, "Disability" shall mean the Executive’s absence from the full-time performance of the Executive’s duties (as such duties existed immediately prior to such absence) for 180 consecutive business days, when the Executive is disabled as a result of incapacity due to physical or mental illnessinfirmity which impairs the Executive's ability to substantially perform the Executive's duties with the Company for a total period of ninety (90) days and the Executive has not returned to full time employment prior to the Termination Date as stated in the "Notice of Termination."

Appears in 12 contracts

Samples: Severance Agreement (Mti Technology Corp), Severance Agreement (Mti Technology Corp), Senior Executive Severance Agreement (Caldera Systems Inc)

Disability. For purposes of this Agreement, "Disability" shall mean the Executive’s absence from the full-time performance of the Executive’s duties (as such duties existed immediately prior to such absence) for 180 consecutive business days, when the Executive is disabled as a result of incapacity due to physical or mental illnessinfirmity which impairs the Executive's ability to substantially perform his duties with the Company for a period of one hundred eighty consecutive days and the Executive has not returned to his full time employment prior to the Termination Date as stated in the "Notice of Termination" (as hereinafter defined).

Appears in 10 contracts

Samples: Severance Protection Agreement (Delta & Pine Land Co), Severance Protection Agreement (Tylan General Inc), Severance Protection Agreement (Delta & Pine Land Co)

Disability. For purposes Disability" means the absence of this Agreement, “Disability” shall mean the Executive from the Executive’s absence from 's duties with the Company on a full-time performance of the Executive’s duties (as such duties existed immediately prior to such absence) basis for 180 consecutive business days, when the Executive is disabled days as a result of incapacity due to mental or physical illness which is determined to be total and permanent by a physician selected by the Company or mental illnessits insurers and acceptable to the Executive or the Executive's legal representative (such agreement as to acceptability not to be withheld unreasonably).

Appears in 9 contracts

Samples: Change of Control Agreement (Female Health Co), Change of Control Agreement (Female Health Co), Change of Control Agreement (Female Health Co)

Disability. For purposes of this Agreement, “Disability” shall mean the Executive’s absence from the full-time performance of the Executive’s duties (as such duties existed immediately prior to such absence) for 180 consecutive business days, when the Executive is disabled as a result of incapacity due to physical or mental illnessillness which, if he were to apply, would in the sole determination of the Board entitle him to the receipt of benefits under the Company’s long-term disability plan and if the Executive shall not have returned to the performance of his duties hereunder on a full-time basis within thirty (30) days after a written Notice of Termination (as defined in Section 6(a)) is given to the Executive by the Company.

Appears in 9 contracts

Samples: Employment Agreement (Unitil Corp), Employment Agreement (Unitil Corp), Agreement (Unitil Corp)

Disability. For purposes of this Agreement, "Disability" shall mean the Executive’s absence from the full-time performance of the Executive’s duties (as such duties existed immediately prior to such absence) for 180 consecutive business days, when the Executive is disabled as a result of incapacity due to physical or mental illnessinfirmity which impairs the Executive's ability to substantially perform the Executive's duties with the Company for a period of one hundred eighty (180) consecutive days and the Executive has not returned to full time employment prior to the Termination Date as stated in the "Notice of Termination".

Appears in 8 contracts

Samples: Severance Agreement (Terayon Communication Systems), Change of Control Agreement (JDS Uniphase Corp /Ca/), Severance Agreement (Artisoft Inc)

Disability. For purposes of this Agreement, “Disability” shall mean the Executive’s absence from the full-time performance of the Executive’s duties (as such duties existed immediately prior to such absence) for 180 consecutive business days, when the Executive is disabled as a result of incapacity due to physical or mental illnesscondition that renders Executive unable to substantially perform for a period of ninety (90) aggregate days (regardless of whether or not continuous) during any three hundred sixty (360) day period, Executive’s regular responsibilities hereunder, with or without a reasonable accommodation.

Appears in 7 contracts

Samples: Employment Agreement (Praxis Precision Medicines, Inc.), Employment Agreement (Praxis Precision Medicines, Inc.), Employment Agreement (Praxis Precision Medicines, Inc.)

Disability. For purposes of this Agreement, “Disability” shall mean the Executive’s absence from the full-time performance of the Executive’s duties (as such duties existed immediately prior to such absence) ), during the term of this Agreement, for 180 consecutive business days, when the Executive is disabled as a result of incapacity due to physical or mental illness, as determined by a physician selected by the Executive and approved by the Company for such purpose (such approval not to be unreasonably withheld).

Appears in 7 contracts

Samples: Form of Continuity Agreement (Weight Watchers International Inc), Form of Continuity Agreement (Weight Watchers International Inc), Continuity Agreement (Ww International, Inc.)

Disability. For purposes of this Agreement, “Disability” shall mean a physical or mental infirmity which impairs the Executive’s absence from ability to substantially perform his duties with the full-Company for a period of one hundred eighty (180) consecutive days, and the Executive has not returned to his full time performance employment prior to the Termination Date as stated in the “Notice of the Executive’s duties Termination” (as such duties existed immediately prior to such absence) for 180 consecutive business days, when the Executive is disabled as a result of incapacity due to physical or mental illnesshereinafter defined).

Appears in 6 contracts

Samples: Retention and Severance Agreement (Gen Probe Inc), Retention and Severance Agreement (Hologic Inc), Retention and Severance Agreement (Hologic Inc)

Disability. For purposes of this Agreement, "Disability" ---------- shall mean the Executive’s absence from the full-time performance of the Executive’s duties (as such duties existed immediately prior to such absence) for 180 consecutive business days, when the Executive is disabled as a result of incapacity due to physical or mental illnessinfirmity which impairs the Executive's ability to substantially perform his duties with the Company for a period of one hundred eighty (180) consecutive days and the Executive has not returned to his full time employment prior to the Termination Date as stated in the "Notice of Termination" (as hereinafter defined).

Appears in 6 contracts

Samples: Severance Protection Agreement (Duck Head Apparel Co Inc), Executive Employment Agreement (Grace Development Inc), Severance Protection Agreement (Duck Head Apparel Co Inc)

Disability. For purposes of this Agreement, "Disability" shall mean the Executive’s absence of the Executive from the Executive's duties with the Company on a full-time performance of the Executive’s duties (as such duties existed immediately prior to such absence) basis for 180 consecutive business days, when the Executive is disabled days as a result of incapacity due to mental or physical illness which is determined to be total and permanent by a physician selected by the Company or mental illnessits insurers and reasonably acceptable to the Executive or the Executive's legal representative.

Appears in 5 contracts

Samples: Change of Control Agreement (Myr Group Inc), Change of Control Agreement (Myr Group Inc), Change of Control Agreement (Myr Group Inc)

Disability. For purposes of this Agreement, "Disability" shall mean the Executive’s 's absence from the full-time performance of the Executive’s 's duties (as such duties existed immediately prior to such absence) for 180 out of 190 consecutive business days, when the Executive is disabled as a result of incapacity due to physical or mental illness.

Appears in 5 contracts

Samples: Continuity Agreement (Franchise Finance Corp of America), Continuity Agreement (Franchise Finance Corp of America), Continuity Agreement (Franchise Finance Corp of America)

Disability. For purposes of this Agreement, “Disability” shall mean the means Executive’s absence from the Executive’s full-time performance of duties with the Executive’s duties (as such duties existed immediately prior to such absence) Company for 180 consecutive business days, when the Executive is disabled days as a result of Executive’s incapacity due to physical or mental illness, as determined by Executive’s attending physician and in accordance with the Company’s Leave of Absence Policy, unless within 30 days after notice of termination by the Company following such absence Executive shall have returned to the full-time performance of Executive’s duties. This Agreement does not apply if the Executive is terminated due to Disability.

Appears in 5 contracts

Samples: Executive Change of Control Agreement (Radisys Corp), Executive Change of Control Agreement (Radisys Corp), Executive Change of Control Agreement (Radisys Corp)

Disability. For purposes of this Agreement, “Disability” shall mean a physical or mental infirmity which impairs the Executive’s absence from ability to substantially perform his duties with the full-Company for a period of 180 consecutive days and the Executive has not returned to his full time performance employment prior to the Termination Date as stated in the Notice of the Executive’s duties Termination (as such duties existed immediately prior to such absence) for 180 consecutive business days, when the Executive is disabled as a result of incapacity due to physical or mental illnesshereinafter defined).

Appears in 5 contracts

Samples: Severance Protection Agreement (Century Aluminum Co), Severance Protection Agreement (Century Aluminum Co), Severance Protection Agreement (Century Aluminum Co)

Disability. For purposes of this Agreement, "Disability" shall ---------- mean the Executive’s 's absence from the full-time performance of the Executive’s 's duties (as such duties existed immediately prior to such absence) for 180 consecutive business days, when the Executive is disabled as a result of incapacity due to physical or mental illness.

Appears in 5 contracts

Samples: Continuity Agreement (Aquarion Co), Continuity Agreement (Aquarion Co), Continuity Agreement (Aquarion Co)

Disability. For purposes of this Agreement, “Disability” shall mean the means Executive’s absence from the Executive’s full-time performance of duties with the Executive’s duties (as such duties existed immediately prior to such absence) Company for 180 consecutive business days, when the Executive is disabled days as a result of Executive’s incapacity due to physical or mental illness, as determined by Executive’s attending physician and in accordance with the Company’s Medical Leave of Absence Policy, unless within 30 days after notice of termination by the Company following such absence Executive shall have returned to the full-time performance of Executive’s duties. This Agreement does not apply if the Executive is terminated due to Disability.

Appears in 4 contracts

Samples: Executive Severance Agreement (Radisys Corp), Executive Severance Agreement (Radisys Corp), Executive Severance Agreement (Radisys Corp)

Disability. For purposes The term "Disability" means Executive's inability to perform the essential functions of this AgreementExecutive's job due to a mental or physical condition, “Disability” shall mean the with or without reasonable accommodation. In no event will Executive’s absence from the full-time performance of the Executive’s duties (as such duties existed immediately prior to such absence) 's employment be terminated for Disability until 180 consecutive business days, when days has elapsed and Disability has been determined by a physician selected by the Company or its insurers and acceptable to Executive is disabled or Executive's legal representative (such agreement as a result of incapacity due to physical or mental illnessacceptability not to be withheld unreasonably).

Appears in 4 contracts

Samples: Settlement and Retention Agreement (Invitrogen Corp), Settlement and Retention Agreement (Invitrogen Corp), Settlement Agreement (Invitrogen Corp)

Disability. For purposes of this Agreement, “Disability” shall mean means the inability of Executive, due to a physical or mental impairment, to perform the essential functions of Executive’s absence from the full-time performance position, with or without reasonable accommodation, for a period of the Executive’s duties ninety (as such duties existed immediately prior to such absence90) for 180 consecutive business days, when the . Whether Executive is disabled as a result of incapacity due to physical will be determined by the Company based on evidence provided by one or mental illnessmore physicians selected by the Company.

Appears in 4 contracts

Samples: Williams Employment Agreement (Extend Health Inc), Extend Health (Extend Health Inc), Employment Agreement (Catalyst Semiconductor Inc)

Disability. For purposes of this Agreement, "Disability" shall mean the Executive’s absence from the full-time performance of the Executive’s duties (as such duties existed immediately prior to such absence) for 180 consecutive business days, when that the Executive is disabled unable, with or without reasonable accommodation, to perform one or more essential functions of his or her position as a an employee of the Company as the result of his or her incapacity due to physical or mental illnessimpairment for more than 90 days (not necessarily consecutive) in any 180-day period.

Appears in 4 contracts

Samples: Executive Retention Agreement (Kinetic Concepts Inc /Tx/), Executive Retention Agreement (Kinetic Concepts Inc), Executive Retention Agreement (Kinetic Concepts Inc /Tx/)

Disability. For purposes of this Agreement, "Disability" shall mean the Executive’s absence from the full-time performance of the Executive’s duties (as such duties existed immediately prior to such absence) for 180 consecutive business days, when the Executive is disabled as a result of incapacity due to physical or mental illnessinfirmity, which impairs the Executive's ability to substantially perform his duties with the Company that continues for a period of at least one hundred eighty (180) consecutive days.

Appears in 4 contracts

Samples: Employment And (Russell-Stanley Holdings Inc), Employment And (Russell-Stanley Holdings Inc), Employment and Change (Russell-Stanley Holdings Inc)

Disability. For purposes of this Agreement, “Disability” shall mean the Executive’s absence of the Executive from the full-time performance of the Executive’s duties (as such duties existed immediately prior to such absence) with the Company on a full-time basis for 180 consecutive business days, when the Executive is disabled days as a result of incapacity due to mental or physical illness which is determined to be total and permanent by a physician selected by the Company or mental illnessits insurers and acceptable to the Executive or the Executive’s legal representative (such agreement as to acceptability not to be withheld unreasonably).

Appears in 4 contracts

Samples: Executive Severance Agreement (Sunnova Energy International Inc.), Executive Change of Control Agreement (Atwood Oceanics Inc), Executive Severance Agreement (Sunnova Energy International Inc.)

Disability. For purposes of this Agreement, “Disability” shall mean a physical or mental infirmity which impairs the Executive’s absence from ability to substantially perform his duties with the full-Company for a period of ninety (90) consecutive days, and the Executive has not returned to his full time performance employment prior to the Termination Date as stated in the “Notice of the Executive’s duties Termination” (as such duties existed immediately prior to such absence) for 180 consecutive business days, when the Executive is disabled as a result of incapacity due to physical or mental illnesshereinafter defined).

Appears in 4 contracts

Samples: Retention and Severance Agreement (Hologic Inc), Severance Agreement (Hologic Inc), Retention and Severance Agreement (Hologic Inc)

Disability. For purposes of this Agreement, "Disability" shall mean the Executive’s absence from the full-time performance of the Executive’s duties (as such duties existed immediately prior to such absence) for 180 consecutive business days, when the Executive is disabled as a result of incapacity due to physical or mental illnessinfirmity which impairs the Executive's ability to substantially perform his duties with the Company for a period of one hundred eighty (180) consecutive days and the Executive has not returned to his full time employment prior to the Termination Date as stated in the "Notice of Termination" (as hereinafter defined).

Appears in 4 contracts

Samples: Termination Protection Agreement (Radioshack Corp), Termination Protection Agreement (Radioshack Corp), Management Continuity Agreement (Piccadilly Cafeterias Inc)

Disability. For purposes of this Agreement, "Disability" shall mean the Executive’s absence from the full-time performance of the Executive’s duties (as such duties existed immediately prior to such absence) for 180 consecutive business days, when the Executive is disabled as a result of incapacity due to physical or mental illnessinfirmity which impairs the Executive's ability to substantially perform his duties with the Company for a period of one hundred eighty (180) consecutive days, and the Executive has not returned to his full time employment prior to the Termination Date as stated in the "Notice of Termination" (as hereinafter defined).

Appears in 4 contracts

Samples: Severance Agreement (Pressure Biosciences Inc), Severance Agreement (Pressure Biosciences Inc), Advanced Environmental Petroleum Producers Inc.

Disability. For purposes of this Agreement, "Disability" shall mean the Executive’s absence from the full-time performance of the Executive’s duties (as such duties existed immediately prior to such absence) for 180 consecutive business days, when the Executive is disabled as a result of incapacity due to physical or mental illnessinfirmity which impairs the Executive's ability to substantially perform his duties under this Agreement for a period of one hundred eighty (180) consecutive days.

Appears in 4 contracts

Samples: Severance Protection Agreement (Acuity Brands Inc), Severance Protection Agreement (National Service Industries Inc), Severance Protection Agreement (National Service Industries Inc)

Disability. For purposes of this Agreement, "Disability" shall mean a physical or mental infirmity which impairs the Executive’s absence from 's ability to substantially perform his or her duties with the Company for six (6) consecutive months, and within the time period set forth in a Notice of Termination given to the Executive (which time period shall not be less than thirty (30) days), the Executive shall not have returned to full-time performance of the Executive’s duties (as such duties existed immediately prior to such absence) for 180 consecutive business days, when the Executive is disabled as a result of incapacity due to physical his or mental illnessher duties.

Appears in 4 contracts

Samples: Severance Protection Agreement (Gadzooks Inc), Severance Protection Agreement (Gadzooks Inc), Severance Protection Agreement (Gadzooks Inc)

Disability. For purposes of this Agreement, “Disability” "DISABILITY" shall mean a physical or mental infirmity which impairs the Executive’s absence from 's ability to substantially perform his or her duties with the Company for six (6) consecutive months, and within the time period set forth in a Notice of Termination given to the Executive (which time period shall not be less than thirty (30) days), the Executive shall not have returned to full-time performance of the Executive’s duties (as such duties existed immediately prior to such absence) for 180 consecutive business days, when the Executive is disabled as a result of incapacity due to physical his or mental illnessher duties.

Appears in 3 contracts

Samples: Severance Protection Agreement (Gadzooks Inc), Severance Protection Agreement (Gadzooks Inc), Severance Protection Agreement (Gadzooks Inc)

Disability. For purposes of this Agreement, "Disability" shall mean the Executive’s absence from the full-time performance of the Executive’s duties (as such duties existed immediately prior to such absence) for 180 consecutive business days, when the Executive is disabled as a result of incapacity due to physical or mental illnessinfirmity which impairs the Executive's ability to substantially perform his or her duties with the Company for a period of ninety (90) consecutive days, and the Executive has not returned to his or her full time employment prior to the Termination Date as stated in the "Notice of Termination" (as hereinafter defined).

Appears in 3 contracts

Samples: Division President Severance Agreement (Hologic Inc), Senior Vice President Severance Agreement (Hologic Inc), Senior Vice President Severance Agreement (Hologic Inc)

Disability. For purposes of this Agreement, "Disability" shall mean the Executive’s absence from the full-time performance of the Executive’s duties (as such duties existed immediately prior to such absence) for 180 consecutive business days, when that the Executive is disabled unable, with or without reasonable accommodation, to perform one or more essential functions of his or her position as a an employee of the Company as the result of his or her incapacity due to physical or mental illnessimpairment for more than 90 days (not necessarily consecutive) in any 180-day period. 4.

Appears in 3 contracts

Samples: Executive Retention Agreement (Kinetic Concepts Inc /Tx/), 31 Executive Retention Agreement (Kinetic Concepts Inc /Tx/), Executive Retention Agreement (Kinetic Concepts Inc /Tx/)

Disability. For purposes of this Agreement, “Disability” shall mean a physical or mental infirmity which impairs the Executive’s absence from ability to substantially perform his duties with the full-time performance Company which continues for a period of the Executive’s duties at least one hundred eighty (as such duties existed immediately prior to such absence180) for 180 consecutive business days, when the Executive is disabled as a result of incapacity due to physical or mental illness.

Appears in 3 contracts

Samples: Employment and Severance Agreement (Louisville Gas & Electric Co /Ky/), Employment and Severance Agreement (LG&E & KU Energy LLC), Employment and Severance Agreement (LG&E & KU Energy LLC)

Disability. For purposes of this Agreement, "Disability" shall mean a physical or mental infirmity which has rendered the Executive unable to substantially perform his or her duties (such term to include performance of the Executive’s 's part-time duties if the Executive is employed on a part-time basis) with the Company for a period of 180 consecutive days, unless within 30 days after the date a Notice of Termination (as defined below) is given by the Company after an absence from for such period the Executive shall have returned to the full-time performance of the Executive’s duties (as such duties existed immediately prior to such absence) for 180 consecutive business days, when the Executive is disabled as a result of incapacity due to physical or mental illnessduties.

Appears in 3 contracts

Samples: Executive Income Security Agreement (Knight Ridder Inc), Executive Income Security Agreement (Knight Ridder Inc), Executive Income Security Agreement (Knight Ridder Inc)

Disability. For purposes of this Agreement, “Disability” shall mean a physical or mental infirmity which impairs the Executive’s absence from ability to substantially perform his duties with the fullCompany for a period of one-hundred eighty (180) consecutive days, and the Executive has not returned to his full time performance employment prior to the Termination Date as stated in the “Notice of the Executive’s duties Termination” (as such duties existed immediately prior to such absence) for 180 consecutive business days, when the Executive is disabled as a result of incapacity due to physical or mental illnesshereinafter defined).

Appears in 3 contracts

Samples: Retention and Severance Agreement (Hologic Inc), Retention and Severance Agreement (Hologic Inc), Retention and Severance Agreement (Cytyc Corp)

Disability. For purposes of this Agreement, “Disability” shall mean a physical or mental infirmity which impairs the Executive’s absence from ability to substantially perform his or her duties with the full-Company for a period of ninety (90) consecutive days, and the Executive has not returned to his or her full time performance of the Executive’s duties (as such duties existed immediately employment prior to such absence) for 180 consecutive business days, when the Executive is disabled as a result of incapacity due to physical or mental illnessTermination Date.

Appears in 2 contracts

Samples: Transition and Severance Agreement (Hologic Inc), Senior Vice President Severance Agreement (Hologic Inc)

Disability. For purposes of this Agreement, "Disability" shall mean the ---------- Executive’s 's absence from the full-time performance of the Executive’s 's duties (as such duties existed immediately prior to such absence) for 180 consecutive business days, when the Executive is disabled days as a result of incapacity due to physical or mental illness.

Appears in 2 contracts

Samples: Continuity Agreement (Rohm & Haas Co), Continuity Agreement (Rohm & Haas Co)

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Disability. For purposes of this Agreement, “Disability” shall mean a physical or mental infirmity which impairs the Executive’s absence from the full-time performance of ability to substantially perform the Executive’s duties with the Company, with or without reasonable accommodation, for a period of one hundred eighty (as such duties existed immediately 180) consecutive days and the Executive has not returned to full time employment prior to such absence) for 180 consecutive business days, when the Executive is disabled Termination Date as a result stated in the “Notice of incapacity due to physical or mental illnessTermination”.

Appears in 2 contracts

Samples: Severance Agreement (Kyphon Inc), Severance Agreement (Kyphon Inc)

Disability. For the purposes of this Agreement, “Disability” "DISABILITY" shall mean the Executive’s absence from the full-time performance of the Executive’s duties (as such duties existed immediately prior to such absence) for 180 consecutive business days, when the Executive is disabled as a result of incapacity due to any physical or mental illnessdisability which causes Executive to be unable to substantially perform Executive's normal duties as an employee of the Company; provided, however, that Executive shall not be considered disabled until (i) Executive has been so disabled for one hundred eighty (180) days; (ii) Executive's attending physician shall have furnished to the Company certification that the return of Executive to his duties as an employee of the Company is impossible or improbable; and (iii) Executive is determined to be totally disabled by the disability insurer then insuring Executive, if any.

Appears in 2 contracts

Samples: Executive Employment Agreement (Brilliant Digital Entertainment Inc), Executive Employment Agreement (Brilliant Digital Entertainment Inc)

Disability. For purposes of this Agreement, “Disability” shall mean means the inability of Executive’s absence from , due to a physical or mental impairment, to perform the full-time performance essential functions of the Executive’s duties position, with or without reasonable accommodation, for a period of ninety (as such duties existed immediately prior to such absence90) for 180 consecutive business days, when the . Whether Executive is disabled as a result of incapacity due to physical shall be determined by the Company based on evidence provided by one or mental illnessmore physicians selected by the Company.

Appears in 2 contracts

Samples: Employment Agreement (Avistar Communications Corp), Employment Agreement (Avistar Communications Corp)

Disability. For purposes of this Agreement, "Disability" shall mean the Executive’s absence from the full-time performance of the Executive’s duties (as such duties existed immediately prior to such absence) for 180 consecutive business days, when the Executive is disabled as a result of incapacity due to physical or mental illnessinfirmity which impairs the Executive's ability to substantially perform his duties with the Company which continues for a period of at least one hundred eighty (180) consecutive days.

Appears in 2 contracts

Samples: Employment and Severance Agreement (Kentucky Utilities Co), Employment and Severance Agreement (Louisville Gas & Electric Co /Ky/)

Disability. For purposes of this Agreement, “Disability” shall mean the means Executive’s absence from the Executive’s full-time performance of duties with the Executive’s duties (as such duties existed immediately prior to such absence) Company for 180 consecutive business days, when the Executive is disabled calendar days as a result of Executive’s incapacity due to physical or mental illness, as determined by Executive’s attending physician and in accordance with the Company’s Medical Leave of Absence Policy, unless within 30 days after notice of termination by the Company following such absence Executive shall have returned to the full-time performance of Executive’s duties. This Agreement does not apply if the Executive is terminated due to Disability.

Appears in 2 contracts

Samples: Executive Severance Agreement (Radisys Corp), Executive Severance Agreement (Radisys Corp)

Disability. For purposes of this Agreement, “Disability” shall mean the is defined as Executive’s absence from inability to substantially perform his essential job functions as the full-time performance of the Executive’s duties (as such duties existed immediately prior to such absence) for 180 consecutive business days, when the Executive is disabled as a result of incapacity due to a physical or mental illnessdisability or incapacity for a period of 180 days, consecutive or otherwise, in any 360-day period, as determined solely by the Board.

Appears in 2 contracts

Samples: Employment Agreement (Healthetech Inc), Stephen Webb Employment Agreement (Healthetech Inc)

Disability. For purposes of this Agreement, “Disability” shall mean the Executive’s absence from the full-time performance of the Executive’s duties (as such duties existed immediately prior to such absence) for 180 consecutive business days, when the Executive is disabled as a result of incapacity due to physical or mental illness, as determined by a physician mutually agreed upon by the Executive and the Company for such purpose.

Appears in 2 contracts

Samples: Continuity Agreement (Genesee & Wyoming Inc), Continuity Agreement (Genesee & Wyoming Inc)

Disability. For purposes of this Agreement, “Disability” shall mean the Executive’s absence from the full-time performance of the Executive’s duties (as such duties existed immediately prior to such absence) for 180 consecutive business days, when the Executive is disabled as a result of incapacity due to physical or mental illness, as determined by a physician selected by the Executive and approved by the Company for such purpose (such approval not to be unreasonably withheld).

Appears in 1 contract

Samples: Continuity Agreement (American Axle & Manufacturing Holdings Inc)

Disability. For purposes of this their Agreement, "Disability" shall mean the absence of Executive from Executive’s absence from the 's duties with Company on a full-time performance of the Executive’s duties (as such duties existed immediately prior to such absence) basis for 180 consecutive business days, when the Executive is disabled days as a result of incapacity due to mental or physical illness which is determined to be total and permanent by a physician selected by Company or mental illnessits insurers and acceptable to Executive or Executive's legal representative (such agreement as to acceptability not to be withheld unreasonably).

Appears in 1 contract

Samples: Employment and Severance Agreement (Invitrogen Corp)

Disability. For purposes of this Agreement, “Disability” shall mean the means Executive’s absence from the full-time performance of the inability to perform Executive’s duties (as such duties existed immediately prior to such absence) for 180 consecutive business days, when the Executive is disabled as a result of incapacity due to Executive’s physical or mental illnessincapacity, as reasonably determined by a physician appointed by the Board and reasonably acceptable to Executive, for an aggregate of 180 days in any 365 consecutive day period.

Appears in 1 contract

Samples: Executive Employment Agreement (CreditCards.com, Inc.)

Disability. For purposes of this Agreement, “Disability” shall mean means the Executive’s absence of the Executive from the full-time performance of the Executive’s duties (as such duties existed immediately prior to such absence) with the Company on a full-time basis for 180 consecutive business days, when the Executive is disabled days as a result of incapacity due to physical or mental illnessillness or injury, which is determined to be total and permanent by a physician selected by the Company or its insurers and acceptable to the Executive or the Executive’s legal representative (such agreement as to acceptability not to be withheld unreasonably).

Appears in 1 contract

Samples: Agreement (Fleetboston Financial Corp)

Disability. For purposes of this Agreement, “Disability” shall mean the " means Executive’s 's absence from the Executive's full-time performance of duties with the Executive’s duties (as such duties existed immediately prior to such absence) Company for 180 consecutive business days, when the Executive is disabled calendar days as a result of Executive's incapacity due to physical or mental illness, as determined by Executive’s attending physician and in accordance with the Company's Medical Leave of Absence Policy, unless within 30 days after notice of termination by the Company following such absence Executive shall have returned to the full-time performance of Executive's duties. This Agreement does not apply if the Executive is terminated due to Disability.

Appears in 1 contract

Samples: Executive Severance Agreement (Radisys Corp)

Disability. For purposes of this Agreement, “Disabled” and “Disability” shall mean the Executive’s absence from the full-time performance of the Executive’s duties (as such duties existed immediately prior to such absence) for 180 consecutive business days, when the Executive is disabled as a result of incapacity due to physical or mental illnessimpairment that, even with reasonable accommodation, prevents Executive from performing the essential functions of Executive’s job for a period of 60 consecutive days or for shorter periods aggregating 90 days or more during the Term of this Agreement.

Appears in 1 contract

Samples: Employment Agreement (New Century Financial Corp)

Disability. For purposes of this Agreement, “Disability” shall mean the " means Executive’s 's absence from the Executive's full-time performance of duties with the Executive’s duties (as such duties existed immediately prior to such absence) Company for 180 consecutive business days, when the Executive is disabled calendar days as a result of Executive's incapacity due to physical or mental illness, as determined by Executive's attending physician and in accordance with the Company's Medical Leave of Absence Policy, unless within 30 days after notice of termination by the Company following such absence Executive shall have returned to the full-time performance of Executive's duties. This Agreement does not apply if the Executive is terminated due to Disability.

Appears in 1 contract

Samples: Executive Change of Control Agreement (Radisys Corp)

Disability. For purposes of this Agreement, “Disability” shall mean the Executive’s absence incapacity due to physical or mental illness in which Executive shall have been absent from the full-time performance of the Executive’s duties with the Company for a period of ninety (as such duties existed immediately prior 90) consecutive days and, within thirty (30) days after written notice is provided to such absence) for 180 consecutive business daysExecutive by the Company (in accordance with Section 4 above), when Executive shall not have returned to the full-time performance of Executive’s duties, subject to the Company’s obligations to provide Executive is disabled as a result of incapacity due with reasonable accommodations in connection therewith that do not cause undue hardship to physical or mental illnessthe Company.

Appears in 1 contract

Samples: Employment Agreement (Icon Acquisition Holdings, L.P.)

Disability. For purposes of this Agreement, “Disability” shall mean a physical or mental infirmity which impairs the Executive’s absence from the full-time performance of ability to substantially perform the Executive’s duties with the Company, with or without reasonable accommodating for a period of one hundred eighty (as such duties existed immediately 180) consecutive days and the Executive has not returned to full time employment prior to such absence) for 180 consecutive business days, when the Executive is disabled Termination Date as a result stated in the “Notice of incapacity due to physical or mental illnessTermination”.

Appears in 1 contract

Samples: Severance Agreement (Kyphon Inc)

Disability. For purposes of this Agreement, "Disability" shall mean the Executive’s absence from the full-time performance of the Executive’s duties (as such duties existed immediately prior to such absence) for 180 consecutive business days, when the Executive is disabled as a result of incapacity due to physical or mental illnessinfirmity which impairs the Executive's ability to substantially perform his/her duties with the Company for a period of 180 consecutive days and the Executive has not returned to his/her full time employment prior to the Termination Date as stated in the "Notice of Termination" (as hereinafter defined).

Appears in 1 contract

Samples: Termination Protection Agreement (Osullivan Industries Holdings Inc)

Disability. For purposes of The term "Disability" as used in this Agreement, “Disability” Agreement shall mean the Executive’s 's absence from his duties with the full-time performance Company for a period of the Executive’s duties (as such duties existed immediately prior to such absence) for 180 consecutive business dayssix months, when the Executive is disabled as a result of the Executive's incapacity due to physical or mental illness.

Appears in 1 contract

Samples: Severance Compensation Agreement (DSC Communications Corp)

Disability. For purposes of this Agreement, “Disability" shall mean the Executive’s 's absence from the full-full- time performance of the Executive’s 's duties (as such duties existed immediately prior to such absence) for a period of 180 consecutive business days, when the Executive is disabled days as a result of Executive's incapacity due to physical or mental illness.

Appears in 1 contract

Samples: Employment Agreement (Mci Communications Corp)

Disability. For purposes of this Agreement, “Disability” shall mean the " means Executive’s 's absence from the Executive's full-time performance of duties with the Executive’s duties (as such duties existed immediately prior to such absence) Company for 180 consecutive business days, when the Executive is disabled days as a result of Executive's incapacity due to physical or mental illness, as determined by Executive's attending physician and in accordance with the Company's Medical Leave of Absence Policy, unless within 30 days after notice of termination by the Company following such absence Executive shall have returned to the full-time performance of Executive's duties. This Agreement does not apply if the Executive is terminated due to Disability.

Appears in 1 contract

Samples: Executive Change of Control Agreement (Radisys Corp)

Disability. For purposes of this Agreement, "Disability" shall mean the absence of Executive from Executive’s absence from 's duties with the Company on a full-time performance of the Executive’s duties (as such duties existed immediately prior to such absence) basis for 180 consecutive business days, when the Executive is disabled days as a result of incapacity due to mental or physical illness which is determined to be total and permanent by a physician selected by the Company or mental illnessits insurers and acceptable to Executive or Executive's legal representative, such agreement as to acceptability not to be withheld unreasonably. 12.

Appears in 1 contract

Samples: Employment Agreement (Seitel Inc)

Disability. For purposes Disability" means the absence of this Agreement, “Disability” shall mean the Executive from the Executive’s absence from 's duties with the full-time performance of the Executive’s duties (as such duties existed immediately prior to such absence) Company on a full‑time basis for 180 consecutive business days, when the Executive is disabled days as a result of incapacity due to mental or 2 physical illness which is determined to be total and permanent by a physician selected by the Company or mental illnessits insurers and acceptable to the Executive or the Executive's legal representative (such agreement as to acceptability not to be withheld unreasonably).

Appears in 1 contract

Samples: Change of Control Agreement (Female Health Co)

Disability. For all purposes of under this Agreement, "Disability" shall mean the Executive’s absence from the full-time performance of the Executive’s duties (as such duties existed immediately prior to such absence) for 180 consecutive business days, when the Executive is disabled as a result of incapacity due to physical or mental illnessinfirmity which impairs the Executive's ability to substantially perform the Executive's duties with the Company for one hundred eighty (180) days or more during any twelve month period and the Executive has not returned to full time employment prior to the Termination Date.

Appears in 1 contract

Samples: Change in Control Agreement (N2h2 Inc)

Disability. For purposes of this Agreement, "Disability" shall mean the Executive’s 's absence from the full-time performance of the Executive’s 's duties (as such duties existed immediately prior to such absence) for 180 consecutive business days, when the Executive is disabled as a result of incapacity due to physical or mental illness, as determined by a physician selected by the Executive and approved by the Company for such purpose (such approval not to be unreasonably withheld).

Appears in 1 contract

Samples: Continuity Agreement (American Axle & Manufacturing Holdings Inc)

Disability. For purposes of this Agreement, "Disability” shall mean the " means Executive’s 's absence from the full-time performance of the Executive’s 's duties (as such duties existed immediately prior to such absence) hereunder for 180 six consecutive business days, when the Executive is disabled months as a result of his incapacity due to physical or mental illnessillness or disability, and, within 30 days after written notice of termination is thereafter given by the Company, Executive shall have not returned to the full-time performance of such duties.

Appears in 1 contract

Samples: Ims Health Incorporated (Ims Health Inc)

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