Common use of Termination on Death or Permanent Disability Clause in Contracts

Termination on Death or Permanent Disability. The Employee’s employment under this Agreement shall terminate upon the Employee’s death or Disability. For purposes of this Agreement, “Disability” shall mean the inability of the Employee to substantially perform the Employee’s duties and responsibilities to the Company by law, by reason of a physical or mental disability or infirmity (i) for a total of one hundred twenty (120) days in any consecutive twelve (12) month period or (ii) at such earlier time as the Employee submits or the Company receives satisfactory medical evidence that the Employee has a physical or mental disability or infirmity which will likely prevent him from returning to the performance of the Employee’s work duties for four (4) months or longer. In the event of any dispute regarding the determination of the Employee’s Disability, such determination shall be made by a physician selected by the Company, at the Company’s sole expense, in consultation with the Employee’s primary treating physician; provided, however, that the Employee’s Disability shall be conclusively presumed if such determination is made by an insurer providing disability insurance coverage to the Employee or the Company in respect of the Employee.