Executive’s Disability. For purposes of this Agreement, "Disability" means a disability by reason of the occurrence of any injury or disease (including mental illness) or a physical or mental condition that, in the opinion of an appropriate physician, (i) results in Executive becoming unable adequately to perform his customary duties for the Employer, either with or without reasonable accommodation, (ii) has lasted for a consecutive period of at least ninety (90) days, and (iii) is expected to continue to last for more than an additional consecutive period of at least ninety (90) days. If Executive's employment is terminated due to disability, Employer will pay Executive his Base Salary in effect on the date of termination through the date of termination, prorated for any partial payroll period.
Executive’s Disability. (A) Ultra may terminate Executive’s employment and officer positions upon a determination that Executive has suffered a Disability; provided, however, that if Ultra elects to terminate Executive’s employment because Executive has suffered a Disability, Ultra must provide written notice to Executive specifying that Ultra is terminating Executive’s employment as a result of a Disability and specifying the effective date thereof, which may be immediate.
Executive’s Disability. In the event that, during the Employment Period, Executive shall be prevented from performing Executive’s essential functions hereunder to the full extent required by the Company by reason of Disability (as defined below), the Board shall be entitled to terminate this Agreement and Executive’s employment hereunder. The Company’s obligation to Executive under such circumstances shall be those set forth in Section 6 regarding severance compensation. For purposes of this Agreement, “Disability” shall mean a physical or mental disability that prevents the performance by Executive, with or without reasonable accommodation, of Executive’s essential functions hereunder for an aggregate of ninety (90) days or longer during any twelve (12) consecutive months. The determination of Executive’s Disability shall be made by an independent physician who is reasonably acceptable to the Company and Executive (or Executive’s representative), shall be final and binding on the Parties hereto and shall be made taking into account such competent medical evidence as shall be presented to such independent physician by Executive (or Executive’s representative) and/or the Company or by any physician or group of physicians or other competent medical experts employed by Executive (or Executive’s representative) and/or the Company to advise such independent physician.
Executive’s Disability. For purposes of this Agreement, “Disability” means Executive’s inability to perform the duties of CEO for a period of 180 consecutive days or a period of 180 days during any consecutive twelve-month period as a result of incapacity due to mental or physical illness as determined by the Board.
Executive’s Disability. If, during the Employment Period, Executive shall become Disabled (as defined below), this Agreement shall terminate effective on such incapacity, and Executive (or her legal representatives) shall be entitled only to the base compensation earned through the date of termination with no entitlement to any base salary after the date of termination; provided, however, that (i) Executive shall be entitled to receive all benefits to which she may be entitled pursuant to the Company's employee benefit plans; and (ii) the Company shall not be obligated to make any payments to Executive under this Section 7(b) to the extent that such payments, when aggregated with all other salary or disability payments received by Executive (whether from disability programs maintained by the Company or otherwise) exceed the then current base salary of Executive. As used herein, the term "Disabled" or "Disability" shall mean a mental or physical condition that prevents Executive from performing his usual duties and services hereunder for a period of six (6) consecutive months or six (6) non-consecutive months in any twelve (12) month period, as determined in the reasonable discretion of the Board of Directors of Canmax; provided that if Executive disputes such determination by the Board of Directors, Executive (or his legal representatives) shall notify the Board of Directors in writing and (x) the Board of Directors and Executive (or his legal representatives) shall each designate a licensed physician practicing in the field to which the alleged Disability relates within fifteen (15) days of the delivery of such notice, (y) the designated physicians shall within fifteen (15) days select a third physician practicing in the field to which the alleged Disability relates, and (z) the third physician shall determine whether Executive is or has been Disabled within the meaning of this Agreement.
Executive’s Disability. If, during the Employment Period, Executive shall become physically or mentally disabled, whether totally or partially, so that he is prevented from performing his usual duties and services hereunder for a period of six (6) consecutive or nonconsecutive months during any twelve (12) month period, this Agreement shall terminate effective on such incapacity, and Executive (or his legal representatives) shall be entitled only to the base compensation earned pro rata to the date of termination with no entitlement to any base salary after the date of termination; provided, however, that Executive shall be entitled to receive all benefits to which he may be entitled pursuant to the Company's employee benefit plans.
Executive’s Disability. Employment will be terminated as of the date Executive is deemed to be under a Disability. For purposes of this Agreement, Executive shall be deemed to be under a Disability if Executive shall be unable, by virtue of illness or physical or mental incapacity or disability (from any cause or causes whatsoever), to perform Executive's essential job functions hereunder, whether with or without reasonable accommodation, in substantially the manner and to the extent required hereunder prior to the commencement of such disability, for a period exceeding 60 days. The payment of benefits under the Company's short-term and long-term disability insurance programs, if any, shall not be deemed to satisfy the Company's obligations under this Section 4.
Executive’s Disability. If during the Term Executive becomes eligible for the Company’s long-term disability benefits or the Company determines that Executive is unable to carry out the responsibilities and functions of the position held by Executive by reason of any physical or mental impairment for more than ninety (90) consecutive days or more than one hundred twenty (120) days in any twelve (12)-month period, then, to the extent permitted by law (each, a “Disability”), the Company may deliver to Executive written notice of the Company’s termination of Executive’s employment by reason of such Disability. In such event, Executive’s employment with the Company shall terminate effective on the thirtieth (30th) day after receipt of such notice by Executive if, within such thirty (30)-day period, Executive shall not have returned to full-time performance of Executive’s duties hereunder with or without a reasonable accommodation. Nothing in this Section 5(b) shall affect Executive’s rights under any disability plan in which Executive is a participant.
Executive’s Disability. The thirtieth (30th) day following a written notice of termination by the Company to the Executive due to the Executive’s Disability. For purposes of this Section, “Disability” shall mean a determination by the Company in accordance with applicable law that due to a physical or mental injury, infirmity or incapacity, the Executive is unable to perform the essential functions of his job with or without accommodation for 60 days (whether or not consecutive) during any 12-month period.
Executive’s Disability. In the event that Executive becomes unable to perform the essential duties of his position as CEO for more than thirty (30) days, due to a mental or physical disability, the Company shall pay Executive his monthly base salary for up to a nine (9) month period. At the conclusion of the nine (9) month disability leave of absence, if Executive is unable to return to work, Executive’s employment under this Agreement shall terminate. If Executive returns to work prior to the conclusion of the nine (9) month disability leave and subsequently, due to the same mental or physical disability, becomes again unable to perform for more than thirty (30) days, he shall be entitled to receive his monthly base salary for the remainder of his original nine (9) month leave period. If Executive is unable to return to work following the conclusion of such subsequent disability leave of absence, Executive’s employment under this Agreement shall terminate.
