Common use of Executive’s Disability Clause in Contracts

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 Disabled (as defined below), this Agreement shall terminate effective on such incapacity, incapacity and Executive (or her his 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 he 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 Disabled (as defined below), this Agreement shall terminate effective on such incapacity, and Executive (or her his 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 he 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 CanmaxXXXXX; 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 Disabled (as defined below), this Agreement shall terminate effective on such incapacity, and Executive (or her his 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 he 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.