The Disability of Employee Sample Clauses

The Disability of Employee. For purposes of this Agreement, the term “Disability” shall have the meaning ascribed to it in the Company’s then current group long-term disability policy. In the absence of such policy, Employee shall be deemed to have suffered a Disability if he is unable to substantially perform the duties theretofore performed by him under this Agreement by reason of any medically determinable physical or mental impairment which can be expected to result in death or which has lasted for not less than ninety (90) days in any one hundred eighty (180) day period. In the event of a dispute between the Company and the Employee as to whether or not Employee is disabled, the Company, without the participation of the Employee, shall select a qualified physician to examine the Employee and such physician’s determination shall be final and binding;

The Disability of Employee. For purposes of this Agreement, Employee shall be deemed to have suffered a disability ("Disability") if he is unable to substantially perform the duties theretofore performed by him under this Agreement by reason of any medically determinable physical or mental impairment which can be expected to result in death or which has lasted, or can be expected to last, for not less than one hundred twenty (120) consecutive days. The determination of whether Employee is subject to Disability shall be made by a physician satisfactory to both the Employee and the Company; provided, that if the Employee and the Company do not agree on a physician, the Employee and the Company shall each select a physician and these two physicians together shall select a third physician, whose determination as to Disability shall be binding on all parties;