Common use of Definition of Disability Clause in Contracts

Definition of Disability. For purposes of Section 6.1, the Executive will be deemed to have a "Disability" if, for physical or mental reasons, the Executive is unable to perform the essential functions of the Executive's duties with reasonable accommodation under this Agreement for 120 consecutive days, or 120 days during any twelve-month period, as determined in accordance with this Section 6.2. The Disability of the Executive will be determined by a medical doctor selected by written agreement of the Employer and the Executive upon the request of either party by notice to the other. If the Employer and the Executive cannot agree on the selection of a medical doctor, each of them will select a medical doctor and the two medical doctors will select a third medical doctor who will determine whether the Executive has a Disability. The determination of the medical doctor selected under this Section 6.2 will be binding on both parties. The Executive must submit to a reasonable number of examinations by the medical doctor making the determination of disability under this Section 6.2, and the Executive hereby authorizes the disclosure and release to the Employer of such determination and all supporting medical records. If the Executive is not legally competent, the Executive's legal guardian or duly authorized attorney-in-fact will act in the Executive's stead, under this Section 6.2, for the purposes of submitting the Executive to the examinations, and providing the authorization of disclosure, required under this Section 6.2.

Appears in 4 contracts

Samples: Employment Agreement (Net Value Holdings Inc), Employment Agreement (Net Value Holdings Inc), Employment Agreement (Net Value Holdings Inc)

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Definition of Disability. For purposes of Section 6.1, the Executive will be deemed to have a "Disabilitydisability" if, for physical or mental reasons, the Executive is unable to perform the essential functions of the Executive's duties with reasonable accommodation under this Agreement for 120 consecutive days, or 120 180 days during any twelve-twelve month period, as determined in accordance with this Section 6.2. The Disability disability of the Executive will be determined by a medical doctor selected by written agreement of the Employer and the Executive upon the request of either party by notice to the other. If the Employer and the Executive cannot agree on the selection of a medical doctor, each of them will select a medical doctor and the two medical doctors will select a third medical doctor who will determine whether the Executive has a Disabilitydisability. The determination of the medical doctor selected under this Section 6.2 will be binding on both parties. The Executive must submit to a reasonable number of examinations by the medical doctor making the determination of disability under this Section 6.2, and the Executive hereby authorizes the disclosure and release to the Employer of such determination and all supporting medical records. If the Executive is not legally competent, the Executive's legal guardian or duly authorized attorney-in-fact will act in the Executive's stead, under this Section 6.2, for the purposes of submitting the Executive to the examinations, and providing the authorization of disclosure, required under this Section 6.2.

Appears in 3 contracts

Samples: Execution Copy Employment Agreement (Room Plus Inc), Employment Agreement (Eagle Supply Group Inc), Execution Copy Employment Agreement (Room Plus Inc)

Definition of Disability. For purposes purpose of Section 6.1, the Executive will be deemed to have a "Disability" “disability” if, for physical or mental reasons, the Executive is unable to perform the essential functions of the Executive's ’s duties with reasonable accommodation under this Agreement for 120 consecutive days, or 120 180 days during any twelve-twelve month period, as determined in accordance with this Section 6.2. The Disability of the Executive will be determined by a A medical doctor selected by written agreement of the Employer and the Executive upon the request of either party by notice to the otherother will determine the disability of the Executive. If the Employer and the Executive cannot agree on the selection of a medical doctor, each of them will select a medical doctor and the two medical doctors will select a third medical doctor who will determine whether the Executive has a Disabilitydisability. The determination of the medical doctor selected under this Section 6.2 will be binding on both parties. The Executive must submit to a reasonable number of examinations by the medical doctor making the determination of disability under this Section 6.2, and the Executive hereby authorizes the disclosure and release to the Employer under proper confidentiality safeguard of such determination and all supporting medical records. If the Executive is not legally competent, the Executive's ’s legal guardian or duly authorized attorney-in-fact will act in the Executive's ’s stead, under this Section 6.2, for the purposes of submitting the Executive to the examinations, and providing the authorization of disclosure, required under this Section 6.2.

Appears in 3 contracts

Samples: Employment Agreement (MetroCorp Bancshares, Inc.), Employment Agreement (Metrocorp Bancshares Inc), Employment Agreement (Metrocorp Bancshares Inc)

Definition of Disability. For purposes of Section 6.1, the Executive will be deemed to have a "Disability" “disability” if, for physical or mental reasons, the Executive is unable to perform the essential functions of the Executive's ’s duties with reasonable accommodation under this Agreement for 120 one hundred twenty (120) consecutive days, or 120 one hundred eighty (180) days during any twelve-twelve (12) month period, as determined in accordance with this Section 6.2. The Disability disability of the Executive will be determined by a medical doctor selected by written agreement of the Employer Company and the Executive upon the request of either party by notice to the other. If the Employer Company and the Executive cannot agree on the selection of a medical doctor, each of them will select a medical doctor and the two (2) medical doctors will select a third (3rd) medical doctor who will determine whether the Executive has a Disabilitydisability. The determination of the medical doctor selected under this Section 6.2 will be binding on both parties. The Executive must submit to a reasonable number of examinations by the medical doctor making the determination of disability under this Section 6.2, and the Executive hereby authorizes the disclosure and release to the Employer Company of such determination and all supporting medical records. If the Executive is not legally competent, the Executive's ’s legal guardian or duly authorized attorney-in-fact will act in the Executive's ’s stead, under this Section 6.2, for the purposes of submitting the Executive to the examinations, and providing the authorization of disclosure, required under this Section 6.2.

Appears in 3 contracts

Samples: Executive Employment Agreement (Grove, Inc.), Executive Employment Agreement (Grove, Inc.), Executive Employment Agreement (Grove, Inc.)

Definition of Disability. For purposes of Section 6.15.1, the Executive will be deemed to have a "Disability" if, for physical or mental reasons, the Executive is unable to perform the essential functions of the Executive's duties with reasonable accommodation under this Agreement for 120 consecutive days, or 120 180 days during any twelve-twelve month period, as determined in accordance with this Section 6.25.2. The Disability disability of the Executive will be determined by a medical doctor selected by written agreement of the Employer and the Executive upon the request of either party by notice to the other. If the Employer and the Executive cannot agree on the selection of a medical doctor, each of them will select a medical doctor and the two medical doctors will select a third medical doctor who will determine whether the Executive has a Disabilitydisability. The determination of the medical doctor selected under this Section 6.2 5.2 will be binding on both parties. The Executive must submit to a reasonable number of examinations by the medical doctor making the determination of disability under this Section 6.25.2, and the Executive hereby authorizes the disclosure and release to the Employer of such determination and all supporting medical records. If the Executive is not legally competent, the Executive's legal guardian or duly authorized attorney-in-fact will act in the Executive's stead, under this Section 6.25.2, for the purposes of submitting the Executive to the examinations, and providing the authorization of disclosure, required under this Section 6.25.2.

Appears in 2 contracts

Samples: Employment Agreement (Freestar Technology Corp), Employment Agreement (Freestar Technology Corp)

Definition of Disability. For purposes of Section 6.1, the Executive will be deemed to have a "Disabilitydisability" if, for physical or mental reasons, the Executive is unable to perform the essential functions of the Executive's duties with reasonable accommodation under this Agreement for 120 consecutive days, or 120 180 days during any twelve-month twelvemonth period, as determined in accordance with this Section 6.2. The Disability disability of the Executive will be determined by a medical doctor selected by written agreement of the Employer and the Executive upon the request of either party by notice to the other. If the Employer and the Executive cannot agree on the selection of a medical doctor, each of them will select a medical doctor and the two medical doctors will select a third medical doctor who will determine whether the Executive has a Disabilitydisability. The determination of the medical doctor selected under this Section 6.2 will be binding on both parties. The Executive must submit to a reasonable number of examinations by the medical doctor making the determination of disability under this Section 6.2, and the Executive hereby authorizes the disclosure and release to the Employer of such determination and all supporting medical records. If the Executive is not legally competent, the Executive's legal guardian or duly authorized attorney-in-fact will act in the Executive's stead, under this Section 6.2, for the purposes of submitting the Executive to the examinations, and providing the authorization of disclosure, required under this Section 6.2.

Appears in 2 contracts

Samples: Non Competition Agreement (Allis Chalmers Corp), Employment Agreement (Allis Chalmers Corp)

Definition of Disability. For purposes of Section 6.1, the Executive will be deemed to have a "Disabilitydisability" if, for physical forphysical or mental reasons, the Executive is unable to perform the essential functions of the Executive's duties with reasonable accommodation under this Agreement for 120 60 consecutive days, calendar days or 120 more or 90 calendar days or more during any twelve-twelve month period, as determined in accordance with this Section 6.26.4. The Disability disability of the Executive will be determined by a medical doctor selected by written agreement of the Employer and the Executive upon the request of either party by notice to the other. If the Employer and the Executive cannot agree on the selection of a medical doctor, each of them will select a medical doctor and the two medical doctors will select a third medical doctor who will determine whether the Executive has a Disabilitydisability. The determination of the medical doctor selected under this Section 6.2 6.4 will be binding on both parties. The Executive must submit to a reasonable number of examinations by the medical doctor making the determination of disability under this Section 6.26.4, and the Executive hereby authorizes the disclosure and release to the Employer of such determination and all supporting medical records. If the Executive is not legally competent, the Executive's legal guardian or duly authorized attorney-in-fact will act in the Executive's stead, under this Section 6.26.4, for the purposes of submitting the Executive to the examinations, and providing the authorization of disclosure, required under this Section 6.26.4.

Appears in 2 contracts

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

Definition of Disability. For purposes of Section 6.1, the Executive will be deemed to have a "Disabilitydisability" if, for physical or mental reasons, the Executive is unable to perform the essential functions of the Executive's duties with reasonable accommodation under this Agreement for 120 consecutive days, or 120 180 days during any twelve-twelve month period, as determined in accordance with this Section 6.2. The Disability disability of the Executive will be determined by a medical doctor selected by written agreement of the Employer and the Executive upon the request of either party by notice to the other. If the Employer and the Executive cannot agree on the selection of a medical doctor, each of them will select a medical doctor and the two medical doctors will select a third medical doctor who will determine whether the Executive has a Disabilitydisability. The determination of the medical doctor selected under this Section 6.2 will be binding on both parties. The Executive must submit to a reasonable number of examinations by the medical doctor making the determination of disability under this Section 6.2, and the Executive hereby authorizes the disclosure and release to the Employer of such determination and all supporting medical records. If the Executive is not legally competent, the Executive's legal guardian or duly authorized attorney-in-fact will act in the Executive's stead, under this Section 6.2, for the purposes of submitting the Executive to the examinations, and providing the authorization of disclosure, required under this Section 6.2.,

Appears in 1 contract

Samples: Employment Agreement (Nationsrent Inc)

Definition of Disability. For purposes of Section 6.15.1, the Executive will be deemed to have a "Disability" “disability” if, for physical or mental reasons, the Executive is unable to perform the essential functions of the Executive's ’s duties with reasonable accommodation under this Agreement for 120 consecutive days, or 120 180 days during any twelve-month period, as determined in accordance with this Section 6.25.2. The Disability disability of the Executive will be determined by a medical doctor selected by written agreement of the Employer and the Executive upon the request of either party by notice to the other. If the Employer and the Executive cannot agree on the selection of a medical doctor, each of them will select a medical doctor and the two Initials _________ _________ Executive Employer medical doctors will select a third medical doctor who will determine whether the Executive has a Disabilitydisability. The determination of the medical doctor selected under this Section 6.2 5.2 will be binding on both parties. The Executive must submit to a reasonable number of examinations by the medical doctor making the determination of disability under this Section 6.25.2, and the Executive hereby authorizes the disclosure and release to the Employer of such determination and all supporting medical records. If the Executive is not legally competent, the Executive's ’s legal guardian or duly authorized attorney-in-fact will act in the Executive's ’s stead, under this Section 6.25.2, for the purposes of submitting the Executive to the examinations, and providing the authorization of disclosure, required under this Section 6.25.2.

Appears in 1 contract

Samples: Employment Agreement (Znergy, Inc.)

Definition of Disability. For purposes of Section 6.15.1, the Executive will be deemed to have a "Disabilitydisability" if, for physical or mental reasons, the Executive is unable to perform the essential functions of the Executive's duties with reasonable accommodation under this Agreement for 120 consecutive days, or 120 180 days during any twelve-month period, as determined in accordance with this Section 6.25.2. The Disability disability of the Executive will be determined by a medical doctor selected by written agreement Initials _________ _________ Executive Employer of the Employer and the Executive upon the request of either party by notice to the other. If the Employer and the Executive cannot agree on the selection of a medical doctor, each of them will select a medical doctor and the two medical doctors will select a third medical doctor who will determine whether the Executive has a Disabilitydisability. The determination of the medical doctor selected under this Section 6.2 5.2 will be binding on both parties. The Executive must submit to a reasonable number of examinations by the medical doctor making the determination of disability under this Section 6.25.2, and the Executive hereby authorizes the disclosure and release to the Employer of such determination and all supporting medical records. If the Executive is not legally competent, the Executive's legal guardian or duly authorized attorney-in-fact will act in the Executive's stead, under this Section 6.25.2, for the purposes of submitting the Executive to the examinations, and providing the authorization of disclosure, required under this Section 6.25.2.

Appears in 1 contract

Samples: Employment Agreement (Znergy, Inc.)

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Definition of Disability. For purposes of Section 6.1, the Executive will be deemed to have a "Disability" “disability” if, for physical or mental reasons, the Executive is unable to perform the essential functions of the Executive's ’s duties with reasonable accommodation under this Agreement for 120 one hundred twenty (120) consecutive days, or 120 one hundred eighty (180) days during any twelve-twelve (12) month period, as determined in accordance with this Section 6.2. The Disability disability of the Executive will be determined by a medical doctor selected by written agreement of the Employer Company and the Executive upon the request of either party by notice to the other. If the Employer Company and the Executive cannot agree on the selection of a medical doctor, each of them will select a medical doctor and the two (2) medical doctors will select a third (3rd) medical doctor who will determine whether the Executive has a Disabilitydisability. The determination of the medical doctor selected under this Section 6.2 will be binding on both parties. The Executive must submit to a reasonable number of examinations by the medical doctor making the determination of disability under this Section 6.2, and the . Executive hereby authorizes the disclosure and release to the Employer Company of such determination and all supporting medical recordsrecords but only for the purpose of verifying whether Executive has a disability. To the extent that the determination as to Executive’s disability is inconclusive, Executive shall be deemed not to have a disability. If the Executive is not legally competent, the Executive's ’s legal guardian or duly authorized attorney-in-fact will act in the Executive's ’s stead, under this Section 6.2, for the purposes of submitting the Executive to the examinations, and providing the authorization of disclosure, required under this Section 6.2.

Appears in 1 contract

Samples: Employment Agreement (Leafbuyer Technologies, Inc.)

Definition of Disability. For purposes of Section 6.1, the Executive will be deemed to have a "Disability" “disability” if, for physical or mental reasons, the Executive is unable to perform the essential functions of the Executive's ’s duties with reasonable accommodation under this Agreement for 120 consecutive days, or 120 180 days during any twelve-month twelvemonth period, as determined in accordance with this Section 6.2. The Disability disability of the Executive will be determined by a medical doctor selected by written agreement of the Employer and the Executive upon the request of either party by notice to the other. If the Employer and the Executive cannot agree on the selection of a medical doctor, each of them will select a medical doctor and the two medical doctors will select a third medical doctor who will determine whether the Executive has a Disabilitydisability. The determination of the medical doctor selected under this Section 6.2 will be binding on both parties. The Executive must submit to a reasonable number of examinations by the medical doctor making the determination of disability under this Section 6.2, and the Executive hereby authorizes the disclosure and release to the Employer of such determination and all supporting medical records. If the Executive is not legally competent, the Executive's ’s legal guardian or duly authorized attorney-in-fact will act in the Executive's ’s stead, under this Section 6.2, for the purposes of submitting the Executive to the examinations, and providing the authorization of disclosure, required under this Section 6.2.

Appears in 1 contract

Samples: Employment Agreement (Metrocorp Bancshares Inc)

Definition of Disability. For purposes of Section 6.15.1, the Executive will be deemed to have a "Disabilitydisability" if, for physical or mental reasons, the Executive is unable to perform the essential functions of the Executive's duties with reasonable accommodation under this Agreement for 120 consecutive days, or 120 180 days during any twelve-twelve month period, as determined in accordance with this Section 6.25.2. The Disability disability of the Executive will be determined by a medical doctor selected by written agreement of the Employer and the Executive upon the request of either party by notice to the other. If the Employer and the Executive cannot agree on the selection of a medical doctor, each of them will select a medical doctor and the two medical doctors will select a third medical doctor who will determine whether the Executive has a Disabilitydisability. The determination of the medical doctor selected under this Section 6.2 5.2 will be binding on both parties. The Executive must submit to a reasonable number of examinations by the medical doctor making the determination of disability under this Section 6.25.2, and the Executive hereby authorizes the disclosure and release to the Employer of such determination and all supporting medical records. If the Executive is not legally competent, the Executive's legal guardian or duly authorized attorney-in-fact will act in the Executive's stead, under this Section 6.25.2, for the purposes of submitting the Executive to the examinations, and providing the authorization of disclosure, required under this Section 6.25.2.

Appears in 1 contract

Samples: Employment Agreement (Showpower Inc)

Definition of Disability. For purposes of Section 6.1, the Executive will be deemed to have a "Disabilitydisability" if, for physical or mental reasons, the Executive is unable to perform the essential functions of the Executive's duties with reasonable accommodation under this Agreement for 120 consecutive days, or 120 180 days during any twelve-twelve month period, as determined in accordance with this Section 6.2. The Disability disability of the Executive will be determined by a medical doctor selected by written agreement of the Employer and the Executive upon the request of either party by notice to the other. If the Employer and the Executive cannot agree on the selection of a medical doctor, each of them will select a medical doctor and the two medical doctors will select a third medical doctor who will determine whether the Executive has a Disabilitydisability. The determination of the medical doctor selected under this Section 6.2 will be binding on both parties. The Executive must submit to a reasonable number of examinations by the medical doctor making the determination of disability under this Section 6.2, and the Executive hereby authorizes the disclosure and release to the Employer of such determination and all supporting medical records. If the Executive is not legally competent, the Executive's legal guardian or duly authorized attorney-attorney- in-fact will act in the Executive's stead, under this Section 6.2, for the purposes of submitting the Executive to the examinations, and providing the authorization of disclosure, required under this Section 6.2.

Appears in 1 contract

Samples: Employment Agreement (Eagle Supply Group Inc)

Definition of Disability. For purposes of Section 6.1, the Executive will be deemed to have a "Disability" if, for physical or mental reasons, the Executive is unable to perform the essential functions of the Executive's duties with reasonable accommodation under this Agreement for 120 consecutive days, or 120 days during any twelve-month twelvemonth period, as determined in accordance with this Section 6.2. The Disability of the Executive will be determined by a medical doctor selected by written agreement of the Employer and the Executive upon the request of either party by notice to the other. If the Employer and the Executive cannot agree on the selection of a medical doctor, each of them will select a medical doctor and the two medical doctors will select a third medical doctor who will determine whether the Executive has a Disability. The determination of the medical doctor selected under this Section 6.2 will be binding on both parties. The Executive must submit to a reasonable number of examinations by the medical doctor making the determination of disability under this Section 6.2, and the Executive hereby authorizes the disclosure and release to the Employer of such determination and all supporting medical records. If the Executive is not legally competent, the Executive's legal guardian or duly authorized attorney-in-fact will act in the Executive's stead, under this Section 6.2, for the purposes of submitting the Executive to the examinations, and providing the authorization of disclosure, required under this Section 6.2.

Appears in 1 contract

Samples: Employment Agreement (Net Value Holdings Inc)

Definition of Disability. For purposes of Section 6.16.1 hereof, the Executive will be deemed to have a "Disabilitydisability" if, for physical or mental reasons, the Executive is unable to perform the essential functions of the Executive's duties with reasonable accommodation under this Agreement for 120 consecutive days, or 120 180 days during any twelve-twelve month period, as determined in accordance with this Section 6.2. The Disability disability of the Executive will be determined by a medical doctor selected by written agreement of the Employer and the Executive upon the request of either party by written notice to the other. If the Employer and the Executive cannot agree on the selection of a medical doctor, each of them will select a medical doctor and the two medical doctors will select a third medical doctor who will determine whether the Executive has a Disabilitydisability. The determination of the medical doctor selected under this Section 6.2 will be binding on both parties. The Executive must submit to a reasonable number of examinations by the medical doctor making the determination of disability under this Section 6.2, and the Executive hereby authorizes the disclosure and release to the Employer of such determination of disability and all supporting medical records. If the Executive is not legally competent, the Executive's legal guardian or duly authorized attorney-in-fact will act in the Executive's stead, under this Section 6.2, for the purposes of selecting the medical doctor to make the determination of disability, submitting the Executive to the examinations, and providing the authorization of disclosure, required under this Section 6.2.

Appears in 1 contract

Samples: Employment Agreement (Eagle Supply Group Inc)

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