Termination for Total Disability. If, in the judgment of the Board, the Executive fails (with or without reasonable accommodation) to render the services contemplated under this Agreement because of illness or other incapacity for a period of six (6) consecutive months, or for shorter periods aggregating to nine (9) months or more in any consecutive twelve (12) month period, the Board may determine that the Executive is totally disabled and discharge the Executive. The Board shall base its determination upon medical advice provided by a licensed physician acceptable to the Board. Based upon such medical advice or opinion, the determination of the Board shall be final and binding and the date of such determination shall be the date of such Total Disability for purposes of this Agreement.
Appears in 2 contracts
Sources: Employment Agreement (Novadel Pharma Inc), Employment Agreement (Novadel Pharma Inc)