Common use of Total Disability Clause in Contracts

Total Disability. The EMPLOYER may terminate EMPLOYEE's employment hereunder upon EMPLOYEE becoming "Totally Disabled." For purposes of this Agreement, EMPLOYEE shall be "Totally Disabled" if EMPLOYEE is physically or mentally incapacitated so as to render EMPLOYEE incapable of performing EMPLOYEE's usual and customary duties under this Agreement. EMPLOYEE's receipt of Social Security disability benefits or disability benefits under a Company-sponsored long-term disability plan shall be deemed conclusive evidence of Total Disability for purpose of this Agreement; provided, however, that in the absence of EMPLOYEE's receipt of such Social Security or long-term disability benefits, the Company's Board of Directors may, in its reasonable discretion (but based upon medical evidence), determine that EMPLOYEE is Totally Disabled.

Appears in 8 contracts

Samples: Employment Agreement (Fresenius Medical Care Holdings Inc /Ny/), Employment Agreement (Fresenius Medical Care Holdings Inc /Ny/), Employment Agreement (Fresenius Medical Care Holdings Inc /Ny/)

AutoNDA by SimpleDocs

Total Disability. The EMPLOYER Company may terminate EMPLOYEEEmployee's employment hereunder upon EMPLOYEE Employee's becoming "Totally Disabled." ". For purposes of this Agreement, EMPLOYEE Employee shall be "Totally Disabled" if EMPLOYEE Employee is physically or mentally incapacitated so as to render EMPLOYEE Employee incapable of performing EMPLOYEEEmployee's usual and customary duties under this Agreement. EMPLOYEEEmployee's receipt of disability benefits under the Company's long-term disability plan, or receipt of Social Security disability benefits or disability benefits under a Company-sponsored long-term disability plan benefits, shall be deemed conclusive evidence of Total Disability for purpose of this Agreement; provided, however, that in the absence of EMPLOYEEEmployee's receipt of such Social Security or long-term disability benefits or Social Security benefits, the Company's Board of Directors Company may, in its reasonable discretion (but based upon appropriate medical evidence), determine that EMPLOYEE Employee is Totally Disabled.

Appears in 5 contracts

Samples: Employment Agreement (Waste Management Inc), Employment Agreement (Waste Management Inc), Employment Agreement (Colorsmart Com Inc)

Total Disability. The EMPLOYER Company may terminate EMPLOYEE's Employee’s employment hereunder upon EMPLOYEE Employee’s becoming "Totally Disabled." . For purposes of this Agreement, EMPLOYEE Employee shall be "Totally Disabled" if EMPLOYEE Employee is physically or mentally incapacitated so as to render EMPLOYEE Employee incapable of performing EMPLOYEE's the usual and customary duties under this Agreement. EMPLOYEE's Employee’s receipt of disability benefits under the Company’s long-term disability plan or receipt of Social Security disability benefits or disability benefits under a Company-sponsored long-term disability plan shall be deemed conclusive evidence of Total Disability for purpose of this Agreement; provided, however, that in the absence of EMPLOYEE's Employee’s receipt of such Social Security or long-term disability benefits or Social Security benefits, the Company's Board of Directors Company may, in its reasonable discretion (but based upon appropriate medical evidence), determine that EMPLOYEE Employee is Totally Disabled.

Appears in 3 contracts

Samples: Employment Agreement (Industrial Minerals Inc), Employment Agreement (Industrial Minerals Inc), Employment Agreement (Industrial Minerals Inc)

Total Disability. The EMPLOYER Company may terminate EMPLOYEEEmployee's employment hereunder upon EMPLOYEE Employee's becoming "Totally Disabled." ". For purposes of this Agreement, EMPLOYEE Employee shall be "Totally Disabled" if EMPLOYEE Employee is physically or mentally incapacitated so as to render EMPLOYEE Employee incapable of performing EMPLOYEEEmployee's usual and customary duties under this Agreement. EMPLOYEEEmployee's receipt of disability benefits under any long-term disability plan, or receipt of Social Security disability benefits or disability benefits under a Company-sponsored long-term disability plan benefits, shall be deemed conclusive evidence of Total Disability for purpose of this Agreement; provided, however, that in the absence of EMPLOYEEEmployee's receipt of such Social Security or long-term disability benefits or Social Security benefits, the Company's Board of Directors Company may, in its reasonable discretion (but based upon appropriate medical evidence), determine that EMPLOYEE Employee is Totally Disabled.

Appears in 3 contracts

Samples: Employment Agreement (Biomoda Inc/Nm), Employment Agreement (Biomoda Inc/Nm), Employment Agreement (Biomoda Inc/Nm)

Total Disability. The EMPLOYER COMPANY may terminate EMPLOYEE's employment hereunder upon EMPLOYEE becoming "Totally Disabled." For purposes of this Agreement, EMPLOYEE shall be "Totally Disabled" if EMPLOYEE is physically or mentally incapacitated so as to render EMPLOYEE incapable of performing EMPLOYEE's usual and customary duties under this Agreement. EMPLOYEE's receipt of Social Security disability benefits or disability benefits under a Company-sponsored long-term disability plan shall be deemed conclusive evidence of Total Disability for purpose of this Agreement; provided, however, that in the absence of EMPLOYEE's receipt of such Social Security or long-term disability benefits, the Company's Board of Directors may, in its reasonable discretion (but based upon medical evidence), determine that EMPLOYEE is Totally Disabled.

Appears in 1 contract

Samples: Employment Agreement (Fresenius Medical Care Holdings Inc /Ny/)

Total Disability. The EMPLOYER Company may terminate EMPLOYEE's Employee’s employment hereunder upon EMPLOYEE Employee’s becoming "Totally Disabled." ”. For purposes of this Agreement, EMPLOYEE Employee shall be "Totally Disabled" if EMPLOYEE Employee is physically or mentally incapacitated so as to render EMPLOYEE Employee incapable of performing EMPLOYEE's the usual and customary duties under this Agreement. EMPLOYEE's Employee’s receipt of disability benefits under the Company’s long-term disability plan or receipt of Social Security disability benefits or disability benefits under a Company-sponsored long-term disability plan shall be deemed conclusive evidence of Total Disability for purpose of this Agreement; provided, however, that in the absence of EMPLOYEE's Employee’s receipt of such Social Security or long-term disability benefits or Social Security benefits, the Company's Board of Directors Company may, in its reasonable discretion (but based upon appropriate medical evidence), determine that EMPLOYEE Employee is Totally Disabled.

Appears in 1 contract

Samples: Employment Agreement (Waste Management Inc)

AutoNDA by SimpleDocs

Total Disability. The EMPLOYER Company may terminate EMPLOYEE's Employee’s employment hereunder upon EMPLOYEE Employee’s becoming "Totally Disabled." ”. For purposes of this Agreement, EMPLOYEE Employee shall be "Totally Disabled" if EMPLOYEE Employee is physically or mentally incapacitated so as to render EMPLOYEE Employee incapable of performing EMPLOYEE's the usual and customary duties under this Agreement. EMPLOYEE's Employee’s receipt of disability benefits under the Company’s long-term disability plan or receipt of Social Security disability benefits or disability benefits under a Company-sponsored long-term disability plan shall be deemed conclusive evidence of Total Disability for purpose of this Agreement; provided, however, that in the absence of EMPLOYEE's Employee’s receipt of such Social Security or long-term disability benefits of Social Security benefits, the Company's Board of Directors Company may, in its reasonable discretion (but based upon appropriate medical evidence), determine that EMPLOYEE Employee is Totally Disabled.

Appears in 1 contract

Samples: Employment Agreement (Waste Management Inc)

Total Disability. The EMPLOYER Company may terminate EMPLOYEEEmployee's employment hereunder upon EMPLOYEE Employee's becoming "Totally Disabled." ". For purposes of this Agreement, EMPLOYEE Employee shall be "Totally Disabled" if EMPLOYEE Employee is physically or mentally incapacitated so as to render EMPLOYEE Employee incapable of performing EMPLOYEE's the usual and customary duties under this Agreement. EMPLOYEEEmployee's receipt of disability benefits under the Company's long-term disability plan or receipt of Social Security disability benefits or disability benefits under a Company-sponsored long-term disability plan shall be deemed conclusive evidence of Total Disability for purpose of this Agreement; provided, however, that in the absence of EMPLOYEEEmployee's receipt of such Social Security or long-term disability benefits or Social Security benefits, the Company's Board of Directors Company may, in its reasonable discretion (but based upon appropriate medical evidence), determine that EMPLOYEE Employee is Totally Disabled.

Appears in 1 contract

Samples: Employment Agreement (Waste Management Inc)

Total Disability. The EMPLOYER Company may terminate EMPLOYEE's Employee’s employment hereunder upon EMPLOYEE Employee becoming "Totally Disabled." ”. For purposes of this Agreement, EMPLOYEE Employee shall be "Totally Disabled" if EMPLOYEE Employee is physically or mentally incapacitated so as to render EMPLOYEE Employee incapable of performing EMPLOYEE's Employee’s usual and customary duties under this Agreement. EMPLOYEE's Employee’s receipt of disability benefits under the Company’s long-term disability plan or receipt of Social Security disability benefits or disability benefits under a Company-sponsored long-term disability plan shall be deemed conclusive evidence of Total Disability for purpose of this Agreement; provided, however, that in the absence of EMPLOYEE's Employee’s receipt of such Social Security or long-term disability benefits or Social Security benefits, the Company's ’s Board of Directors may, in its reasonable discretion (but based upon appropriate medical evidence), determine that EMPLOYEE Employee is Totally Disabled.

Appears in 1 contract

Samples: Employment Agreement (Waste Management Inc)

Time is Money Join Law Insider Premium to draft better contracts faster.