Common use of Due to Disability Clause in Contracts

Due to Disability. If the Executive incurs a Disability (as defined below) during the Term, then the Company, in its sole discretion, shall be entitled to terminate the Executive’s employment immediately upon written notice to the Executive of such decision. For purposes of this Agreement, “Disability” shall mean a physical or mental impairment that prevents the Executive from performing the essential duties of his position, with or without reasonable accommodation, for (i) a period of ninety (90) consecutive calendar days or (ii) an aggregate of ninety (90) work days in any period of six (6) months. The determination of whether the Executive incurred a Disability shall be made by the Board, in good faith, after consultation with the Executive’s physician. The Executive acknowledges that the Company regards him as a “key employee” under the Family and Medical Leave Act, to the extent that Act is applicable.

Due to Disability. If the Executive incurs a Disability (as defined below) during the Term, then the Company, in its sole discretion, shall be entitled to terminate the Executive’s employment immediately upon written notice to the Executive of such decision. For purposes of this Agreement, “Disability” shall mean a physical or mental impairment that prevents the Executive from performing the essential duties of his position, with or without reasonable accommodation, for (i) a period of ninety (90) consecutive calendar days or (ii) an aggregate of ninety (90) work days in any period of six (6) months. The determination of whether the Executive incurred a Disability shall be made by the Board, in good faith, after consultation with the Executive’s physicianphysician and consistent with applicable laws pertaining to persons with disabilities. The Executive acknowledges that the Company regards him as a “key employee” under the Family and Medical Leave Act, to the extent that Act is applicable.

Due to Disability. If the Executive incurs a Disability “Disability” (as defined below) during the Term, then the Company, in its sole discretion, shall be entitled to terminate the Executive’s employment immediately upon written notice to the Executive of such decision. For purposes of this Agreement, “Disability” shall mean a physical or mental impairment that prevents the Executive from performing the essential duties of his position, with or without reasonable accommodation, for (i) a period of ninety (90) consecutive calendar days or (ii) an aggregate of ninety (90) work days in any period of six (6) months. The determination of whether the Executive incurred a Disability shall be made by the Board, in good faith, after consultation with the Executive’s physician. The Executive acknowledges that the Company regards him as a “key employee” under the Family and Medical Leave Act, to the extent that Act is applicable.

Due to Disability. If the Executive incurs a Disability (as defined below) during the Term, then the Company, in its sole discretion, shall be entitled to terminate the Executive’s employment immediately upon written notice to the Executive of such decision. For purposes of this Agreement, “Disability” shall mean a physical or mental impairment that prevents the Executive from performing the essential duties of his her position, with or without reasonable accommodation, for (i) a period of ninety (90) consecutive calendar days or (ii) an aggregate of ninety (90) work days in any period of six (6) months. The determination of whether the Executive incurred a Disability shall be made by the Board, in good faith, after consultation with the Executive’s physician. The Executive acknowledges that the Company regards him her as a “key employee” under the Family and Medical Leave Act, to the extent that Act is applicable.