Definition of Incapacity Sample Clauses
The Definition of Incapacity clause establishes the specific criteria or conditions under which a party is considered legally or medically unable to perform their contractual obligations. Typically, this clause outlines what constitutes incapacity, such as mental or physical inability, and may reference medical certification or a formal determination by a qualified professional. Its core practical function is to provide clarity and certainty for both parties regarding when incapacity is recognized, thereby reducing disputes and ensuring that appropriate procedures are followed if a party becomes incapacitated.
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Definition of Incapacity. Executive shall be deemed to have become “Incapacitated” for purposes of this Agreement if, during the Term, Executive shall have been unable to perform Executive’s duties hereunder for reasons beyond Executive’s control, with or without reasonable accommodation, on account of physical or mental impairment or sickness as reasonably determined by a physician selected by mutual agreement of the parties, or if applicable, their representative.
Definition of Incapacity. In this Agreement, “Incapacity” shall mean that Employee is for a period of 95 consecutive days or more, unable to perform Employee’s duties effectively, for reasons such as emotional, mental or physical illness, deficiency or disability. In this Agreement, if any question arises as to the “Incapacity” of Employee, NSP shall promptly engage three physicians who are members of the American Medical Association to examine Employee and determine if Employee is able to perform the duties of Employee’s employment with NSP. In the event Employee appears to have mental capacity to act, one of said three physicians shall be selected by Employee, one shall be selected by NSP, and one shall be selected by the other two physicians. The decision of the three physicians shall be conclusive for all purposes of this Agreement.
Definition of Incapacity. In this Agreement, “Incapacity” shall mean that Employee is for a period of ninety-five (95) consecutive days or more, unable to perform Employee’s duties effectively, for reasons such as emotional, mental or physical illness, deficiency or disability. In this Agreement, if any question arises as to the “Incapacity” of Employee, NSP shall promptly engage three physicians who are members of the American Medical Association to examine Employee and determine if Employee is able to perform the duties of Employee’s employment with NSP. In the event Employee appears to have mental capacity to act, one of said three physicians shall be selected by Employee, one shall be selected by NSP, and one shall be selected by the other two physicians. The decision of the three physicians shall be conclusive for all purposes of this Agreement.
Definition of Incapacity. For purposes of this instrument, a person shall be deemed "incapacitated" if and for so long as a court of competent jurisdiction has made a finding to that effect, or a guardian or conservator of that person's estate or person duly appointed by a court of competent jurisdiction is serving, or upon certification by two physicians (licensed to practice under the laws of the state where the person is domiciled at the time of the certification) that the person is unable properly to care for himself or herself or for his or her property. The latter certification shall be made by each physician in a written declaration under penalty of perjury. A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document, to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
Definition of Incapacity. For all purposes of this Agreement, a Partner who is an individual shall be deemed to be incapacitated if such Partner (a) is adjudged incompetent or (b) becomes disabled and therefore unable to take an active part in the management of the Partnership business for a continuous period of at least thirty (30) days.