Common use of Executive’s Disability Clause in Contracts

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.