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 90 consecutive calendar days or (ii) an aggregate of 90 work days in any period of six months. The determination of whether the Executive incurred a Disability shall be made by the Board, in its sole discretion, after consultation with the Executive’s physician.
Appears in 6 contracts
Samples: Employment Agreement (Rexahn Pharmaceuticals, Inc.), Employment Agreement (Rexahn Pharmaceuticals, Inc.), Employment Agreement (Rexahn Pharmaceuticals, Inc.)
