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.