Common use of Termination Due to Executive’s Disability Clause in Contracts

Termination Due to Executive’s Disability. To the extent permissible under applicable law, the Company shall have the right, exercisable at any time, to terminate the Executive’s employment under this Agreement with immediate effect upon the Executive’s Disability (as defined below) by providing written notice in accordance with Section 6.4. For purposes of this Agreement, “Disability” shall mean the Executive’s inability to perform, with or without a reasonable accommodation, and consistent with the requirements of applicable state and federal law, the essential functions of Executive’s position by reason of any medically determined physical or mental impairment, injury or other medical condition, for a period of time not less than either one hundred twenty (120) consecutive calendar days or one hundred eighty (180) calendar days in any twelve (12) month period. In the event of any dispute regarding the existence of a Disability, the matter will be resolved by the determination of a physician qualified to practice medicine in the State of California (a “Physician”), whose identity is mutually agreed to by both parties, and whose determination shall be final and binding. If the parties cannot agree on a Physician, each party shall select one Physician, and those two Physicians shall select a third Physician to make the Disability determination, which shall be final and binding.