Common use of Upon Death or Disability Clause in Contracts

Upon Death or Disability. The Executive’s employment shall automatically terminate upon the death of the Executive and may be terminated by the Company upon the Disability of the Executive. For purposes of this Section 3, the Executive shall be deemed Disabled (and termination of the Executive’s employment shall be deemed to be due to such “Disability”) if an independent medical doctor (selected by the Company’s applicable health or disability insurer) certifies that the Executive has, for a cumulative period of more than one hundred twenty (120) days during any 365-day period, been disabled in a manner which seriously interferes with the Executive’s ability to perform the essential functions of Executive’s job even with a reasonable accommodation to the extent required by law. Any refusal by the Executive to submit to a medical examination for the purpose of certifying Disability shall be deemed conclusively to constitute evidence of the Executive’s Disability.

Appears in 4 contracts

Samples: Employment Agreement (DigitalTown, Inc.), Employment Agreement (DigitalTown, Inc.), Employment Agreement (DigitalTown, Inc.)

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Upon Death or Disability. The Executive’s employment of the Executive shall automatically terminate upon the death of the Executive and may be terminated by the Company upon the Disability “Disability” (as defined below) of the Executive. For purposes of this Section 310.2, the Executive shall be deemed Disabled “Disabled” (and termination of the Executive’s his employment shall be deemed to be due to such “Disability”) if an independent medical doctor (jointly selected by the Company’s applicable health or disability insurerinsurer and the Executive) certifies that the Executive hasExecutive, for a cumulative period of more than one hundred twenty (120) 120 days during any 365-day period, has been disabled in a manner which seriously interferes with the Executive’s his ability to perform the essential functions of Executive’s his job even with a reasonable accommodation to the extent required by law. Any refusal by the Executive to submit to a medical examination for the purpose of certifying Disability shall be deemed conclusively to constitute evidence of the Executive’s Disability.

Appears in 2 contracts

Samples: Employment Agreement (Argan Inc), Employment Agreement (Argan Inc)

Upon Death or Disability. The Executive’s employment of the Executive shall automatically terminate upon the death of the Executive and may be terminated by the Company upon the Disability “Disability” (as defined below) of the Executive. For purposes of this Section 39.2, the Executive shall be deemed Disabled “Disabled” (and termination of the Executive’s her employment shall be deemed to be due to such “Disability”) if an independent medical doctor (selected by the Company’s applicable health or disability insurer) certifies that the Executive hasExecutive, for a cumulative period of more than one hundred twenty (120) 180 days during any 365-day period, has been disabled in a manner which seriously interferes with the Executive’s her ability to perform the essential functions of Executive’s her job even with a reasonable accommodation to the extent required by law. Any refusal by the Executive to submit to a medical examination for the purpose of certifying Disability shall be deemed conclusively to constitute evidence of the Executive’s Disability.

Appears in 1 contract

Samples: Employment Agreement (Argan Inc)

Upon Death or Disability. The Executive’s employment of the Executive shall automatically terminate upon the death of the Executive and may be terminated by the Company upon the Disability “Disability” (as defined below) of the Executive. For purposes of this Section 310.2, the Executive shall be deemed Disabled “Disabled” (and termination of the Executive’s his employment shall be deemed to be due to such “Disability”) if an independent medical doctor (selected by the Company’s applicable health or disability insurer) certifies that the Executive hasExecutive, for a cumulative period of more than one hundred twenty (120) 120 days during any 365-day period, has been disabled in a manner which seriously interferes with the Executive’s his ability to perform the essential functions of Executive’s his job even with a reasonable accommodation to the extent required by law. Any refusal by the Executive to submit to a medical examination for the purpose of certifying Disability shall be deemed conclusively to constitute evidence of the Executive’s Disability.

Appears in 1 contract

Samples: Employment Agreement (Argan Inc)

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Upon Death or Disability. The Executive’s employment of the Executive shall automatically terminate upon the death of the Executive and may be terminated by the Company upon the Disability “Disability” (as defined below) of the Executive. For purposes of this Section 39.2, the Executive shall be deemed Disabled “Disabled” (and termination of the Executive’s his employment shall be deemed to be due to such “Disability”) if an independent medical doctor (selected by the Company’s applicable health or disability insurer) certifies that the Executive hasExecutive, for a cumulative period of more than one hundred twenty (120) 180 days during any 365-day period, has been disabled in a manner which seriously interferes with the Executive’s his ability to perform the essential functions of Executive’s his job even with a reasonable accommodation to the extent required by law. Any refusal by the Executive to submit to a medical examination for the purpose of certifying Disability shall be deemed conclusively to constitute evidence of the Executive’s Disability.

Appears in 1 contract

Samples: Employment Agreement (Argan Inc)

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