Incapacity Defined Clause Samples

The "Incapacity Defined" clause establishes the specific criteria or conditions under which a party is considered incapacitated for the purposes of the agreement. Typically, this involves outlining what constitutes incapacity, such as mental or physical inability to perform contractual duties, and may reference medical certification or legal standards as proof. By clearly defining incapacity, the clause ensures all parties understand when certain rights or obligations may be suspended or transferred, thereby preventing disputes and providing a clear process for handling situations where a party cannot fulfill their responsibilities.
Incapacity Defined. For purposes of this Section 7, the term “Incapacity” means the Executive’s inability to perform his duties hereunder substantially on a full-time basis because of physical or mental illness or physical injury as determined by the Company’s board of directors, in its reasonable discretion, based upon competent medical evidence. Upon the Company’s written request, the Executive will submit to reasonable medical and other examinations to provide the evidence required hereunder.

Related to Incapacity Defined

  • Disability Defined For the purposes of this Agreement, the Executive shall be deemed to have terminated his employment by reason of “Disability”, if the Board shall determine that the physical or mental condition of the Executive prevents him from the normal performance of his duties as determined by the Board.

  • Seniority Defined Seniority is defined as the total length of service in the bargaining unit as an employee, regardless of occupational change. Seniority shall be used as one of the factors in determining preference or priority for promotion, transfers, demotions, terminations and layoff caused by force reductions and recall. Seniority shall operate on a bargaining unit wide basis.

  • Vacancy Defined A vacancy shall be defined as a newly created position, or a present position that is not filled and that the Board intends to fill.

  • Seniority Definition Seniority is the Layoff Service Date which is the date the employee began state service (except as a temporary appointee) as adjusted for break(s)-in-service. (See Letter of Agreement 70.00-09-179 in Appendix A).

  • Property Defined The Land, the Improvements, the Personal Property, the Leases and the Intangibles are hereinafter sometimes referred to collectively as the "Property."