Common use of Incapacity Clause in Contracts

Incapacity. If the Company reasonably determines that Executive is unable at any time to perform the duties of Executive’s position because of a serious illness, injury, impairment, or physical or mental condition and Executive is not eligible for or has exhausted all leave to which Executive may be entitled under the Family and Medical Leave Act (“FMLA”) or, if more generous, other applicable state or local law, the Company may terminate Executive’s employment for “Incapacity”. In addition, at any time that Executive is on a leave of absence, the Company may temporarily reassign the duties of Executive’s position to one or more other executives without creating a basis for Executive’s Good Reason resignation, provided that the Company restores such duties to Executive upon Executive’s return to work.

Incapacity. If the Company reasonably determines that Executive is unable at any time to perform the duties of Executive’s 's position because of a serious illness, injury, impairment, or physical or mental condition and Executive is not eligible for or has exhausted all leave to which Executive may be entitled under the Family and Medical Leave Act (“FMLA”) or, if more generous, other applicable state or local law, the Company may terminate Executive’s 's employment for “Incapacity”. In addition, at any time that Executive is on a leave of absence, the Company may temporarily reassign the duties of Executive’s 's position to one or more other executives without creating a basis for Executive’s 's Good Reason resignation, provided that the Company restores such duties to Executive upon Executive’s 's return to work.

Incapacity. If the Company reasonably determines that Executive is unable at any time to perform the duties of Executive’s 's position because of a serious illness, injury, impairment, or physical or mental condition and Executive is not eligible for or has exhausted all leave to which Executive may be entitled under the Family and Medical Leave Act (“"FMLA”") or, if more generous, other applicable state or local law, the Company may terminate Executive’s 's employment for “"Incapacity”". In addition, at any time that Executive is on a leave of absence, the Company may temporarily reassign the duties of Executive’s 's position to one or more other executives without creating a basis for Executive’s 's Good Reason resignation, provided that the Company restores such duties to Executive upon Executive’s 's return to work.