Common use of DEFINITION OF PERMANENTLY DISABLED AND PERMANENT DISABILITY Clause in Contracts

DEFINITION OF PERMANENTLY DISABLED AND PERMANENT DISABILITY. For purposes of this Agreement (other than Sections 4 (a) ("Fringe Benefits-Benefit Plans"), 4 (d) ("Fringe Benefits-Vesting on Death or Disability"), and the provisions relating to disability insurance contained in the last sentence of Section 7(a) ("Death or Disability-Termination of Employment"), the terms "Permanently Disabled" and "Permanent Disability" shall mean Employee's inability, because of physical or mental illness or injury, to perform substantially all of his customary duties pursuant to this Agreement, and the continuation of such disabled condition for a period of ninety (90) continuous days, or for not less than one hundred eighty (180) days during any continuous twenty-four (24) month period. Whether Employee is Permanently Disabled shall be certified to the Company by a Qualified Physician (as hereinafter defined), or if requested by Employee a panel of three Qualified Physicians. If Employee requests such a panel, Employee and the Company shall each select a Qualified Physician who together shall then select a third Qualified Physician. The determination of the individual Qualified Physician or the panel, as the case may be, shall be binding and conclusive for all purposes. As used herein, the term "Qualified Physician" shall mean any medical doctor who is licensed to practice medicine in the State of Utah and is reasonably acceptable to each of Employee and the Company. Employee and the Company may in any instance, and in lieu of a determination by a Qualified Physician or panel of Qualified Physicians, agree between themselves that Employee is Permanently Disabled. The terms Permanent Disability and Permanently Disabled as used herein may have meanings different from those used in any disability insurance policy or program maintained by Employee or the Company.

DEFINITION OF PERMANENTLY DISABLED AND PERMANENT DISABILITY. For purposes of this Agreement (other than Sections 4 (a4(a) ("Fringe Benefits-—Benefit Plans"), 4 (d4(e) ("Fringe Benefits-—Vesting on Death or Disability"), and the provisions relating to disability insurance contained in the last sentence of Section 7(a) ("Death or Disability-—Termination of Employment"), the terms "Permanently Disabled" and "Permanent Disability" shall mean Employee's inability, because of physical or mental illness or injury, to perform substantially all of his customary duties pursuant to this Agreement, and the continuation of such disabled condition for a period of ninety (90) continuous days, or for not less than one hundred eighty (180) days during any continuous twenty-four (24) month period. Whether Employee is Permanently Disabled shall be certified to the Company by a Qualified Physician (as hereinafter defined), or if requested by Employee a panel of three Qualified Physicians. If Employee requests such a panel, Employee and the Company shall each select a Qualified Physician who together shall then select a third Qualified Physician. The determination of the individual Qualified Physician or the panel, as the case may be, shall be binding and conclusive for all purposes. As used herein, the term "Qualified Physician" shall mean any medical doctor who is licensed to practice medicine in the State of Utah and is reasonably acceptable to each of Employee and the Company. Employee and the Company may in any instance, and in lieu of a determination by a Qualified Physician or panel of Qualified Physicians, agree between themselves that Employee is Permanently Disabled. The terms Permanent Disability and Permanently Disabled as used herein may have meanings different from those used in any disability insurance policy or program maintained by Employee or the Company.

DEFINITION OF PERMANENTLY DISABLED AND PERMANENT DISABILITY. For purposes of this Agreement (other than Sections 4 (a) ("Fringe Benefits-Benefits- Benefit Plans"), 4 (d) ("Fringe Benefits-Vesting on Death or Disability"), and the provisions relating to disability insurance contained in the last sentence of Section 7(a) ("Death or Disability-Termination of Employment"), the terms "Permanently Disabled" and "Permanent Disability" shall mean Employee's inability, because of physical or mental illness or injury, to perform substantially all of his customary duties pursuant to this Agreement, and the continuation of such disabled condition for a period of ninety (90) continuous days, or for not less than one hundred eighty (180) days during any continuous twenty-four (24) month period. Whether Employee is Permanently Disabled shall be certified to the Company by a Qualified Physician (as hereinafter defined), or if requested by Employee a panel of three Qualified Physicians. If Employee requests such a panel, Employee and the Company shall each select a Qualified Physician who together shall then select a third Qualified Physician. The determination of the individual Qualified Physician or the panel, as the case may be, shall be binding and conclusive for all purposes. As used herein, the term "Qualified Physician" shall mean any medical doctor who is licensed to practice medicine in the State of Utah and is reasonably acceptable to each of Employee and the Company. Employee and the Company may in any instance, and in lieu of a determination by a Qualified Physician or panel of Qualified Physicians, agree between themselves that Employee is Permanently Disabled. The terms Permanent Disability and Permanently Disabled as used herein may have meanings different from those used in any disability insurance policy or program maintained by Employee or the Company.

DEFINITION OF PERMANENTLY DISABLED AND PERMANENT DISABILITY. For purposes of this Agreement (other than Sections 4 (a) ("Fringe Benefits-—Benefit Plans"), 4 (d) ("Fringe Benefits-—Vesting on Death or Disability"), and the provisions relating to disability insurance contained in the last sentence of Section 7(a) ("Death or Disability-—Termination of Employment"), the terms "Permanently Disabled" and "Permanent Disability" shall mean Employee's inability, because of physical or mental illness or injury, to perform substantially all of his her customary duties pursuant to this Agreement, and the continuation of such disabled condition for a period of ninety (90) continuous days, or for not less than one hundred eighty (180) days during any continuous twenty-four (24) month period. Whether Employee is Permanently Disabled shall be certified to the Company by a Qualified Physician (as hereinafter defined), or if requested by Employee a panel of three Qualified Physicians. If Employee requests such a panel, Employee and the Company shall each select a Qualified Physician who together shall then select a third Qualified Physician. The determination of the individual Qualified Physician or the panel, as the case may be, shall be binding and conclusive for all purposes. As used herein, the term "Qualified Physician" shall mean any medical doctor who is licensed to practice medicine in the State of Utah and is reasonably acceptable to each of Employee and the Company. Employee and the Company may in any instance, and in lieu of a determination by a Qualified Physician or panel of Qualified Physicians, agree between themselves that Employee is Permanently Disabled. The terms Permanent Disability and Permanently Disabled as used herein may have meanings different from those used in any disability insurance policy or program maintained by Employee or the Company.

DEFINITION OF PERMANENTLY DISABLED AND PERMANENT DISABILITY. For ------------------------------------------------------------ purposes of this Agreement (other than Sections 4 (a) ("Fringe Benefits-Benefit Plans"), 4 (d) ("Fringe Benefits-Vesting on Death or Disability"), and the provisions relating to disability insurance contained in the last sentence of Section 7(a) ("Death or Disability-Termination of Employment"), the terms "Permanently Disabled" and "Permanent Disability" shall mean Employee's inability, because of physical or mental illness or injury, to perform substantially all of his customary duties pursuant to this Agreement, and the continuation of such disabled condition for a period of ninety (90) continuous days, or for not less than one hundred eighty (180) days during any continuous twenty-four (24) month period. Whether Employee is Permanently Disabled shall be certified to the Company by a Qualified Physician (as hereinafter defined), or if requested by Employee a panel of three Qualified Physicians. If Employee requests such a panel, Employee and the Company shall each select a Qualified Physician who together shall then select a third Qualified Physician. The determination of the individual Qualified Physician or the panel, as the case may be, shall be binding and conclusive for all purposes. As used herein, the term "Qualified Physician" shall mean any medical doctor who is licensed to practice medicine in the State of Utah and is reasonably acceptable to each of Employee and the Company. Employee and the Company may in any instance, and in lieu of a determination by a Qualified Physician or panel of Qualified Physicians, agree between themselves that Employee is Permanently Disabled. The terms Permanent Disability and Permanently Disabled as used herein may have meanings different from those used in any disability insurance policy or program maintained by Employee or the Company.

DEFINITION OF PERMANENTLY DISABLED AND PERMANENT DISABILITY. For purposes of this Agreement (other than Sections 4 (a) ("Fringe Benefits-Benefit Plans"), 4 (d) ("Fringe Benefits-Vesting on Death or Disability"), and the provisions relating to disability insurance contained in the last sentence of Section 7(a) ("Death or Disability-Termination of Employment"), the terms "Permanently Disabled" and "Permanent Disability" shall mean Employee's inability, because of physical or mental illness or injury, to perform substantially all of his her customary duties pursuant to this Agreement, and the continuation of such disabled condition for a period of ninety (90) continuous days, or for not less than one hundred eighty (180) days during any continuous twenty-four (24) month period. Whether Employee is Permanently Disabled shall be certified to the Company by a Qualified Physician (as hereinafter defined), or if requested by Employee a panel of three Qualified Physicians. If Employee requests such a panel, Employee and the Company shall each select a Qualified Physician who together shall then select a third Qualified Physician. The determination of the individual Qualified Physician or the panel, as the case may be, shall be binding and conclusive for all purposes. As used herein, the term "Qualified Physician" shall mean any medical doctor who is licensed to practice medicine in the State of Utah and is reasonably acceptable to each of Employee and the Company. Employee and the Company may in any instance, and in lieu of a determination by a Qualified Physician or panel of Qualified Physicians, agree between themselves that Employee is Permanently Disabled. The terms Permanent Disability and Permanently Disabled as used herein may have meanings different from those used in any disability insurance policy or program maintained by Employee or the Company.

DEFINITION OF PERMANENTLY DISABLED AND PERMANENT DISABILITY. For purposes purpose of this Agreement (other than Sections 4 (a4(a) ("Fringe Benefits-—Benefit Plans"), 4 (d4(d) ("Fringe Benefits-—Vesting on Death or Disability"), and the provisions relating to disability insurance contained in the last sentence of Section 7(a) ("Death or Disability-—Termination of Employment"), the terms "Permanently Disabled" and "Permanent Disability" shall mean Employee's inability, because of physical or mental illness or injury, to perform substantially all of his customary duties pursuant to this Agreement, and the continuation of such disabled condition for a period of ninety (90) continuous days, or for not less than one hundred eighty (180) days during any continuous twenty-four (24) month period. Whether Employee is Permanently Disabled shall be certified to the Company by a Qualified Physician (as hereinafter defined), or if requested by Employee a panel of three Qualified Physicians. If Employee requests such a panel, Employee and the Company shall each select a Qualified Physician who together shall then select a third Qualified Physician. The determination of the individual Individual Qualified Physician or the panel, panel as the case may be, shall be binding and conclusive for all purposes. As used herein, the term "Qualified Physician" shall mean any medical doctor who is licensed to practice medicine in the State of Utah and is reasonably acceptable to each of Employee and the Company. Employee and the Company may in any instance, and an in lieu of a determination by a Qualified Physician or panel of Qualified Physicians, agree between themselves that Employee is Permanently Disabled. The terms Permanent Disability and Permanently Disabled as used herein may have meanings different from those used in any disability insurance policy or program maintained by Employee or the Company.

DEFINITION OF PERMANENTLY DISABLED AND PERMANENT DISABILITY. For purposes of this Agreement (other Agreement(other than Sections 4 (a) ("'Fringe Benefits-Benefit Plans"), 4 (d) ("Fringe Benefits-Vesting on Death or Disability"), and the provisions relating to disability insurance contained in the last sentence of Section 7(a) ("Death or Disability-Termination of Employment"), the terms "`Permanently Disabled" ' and "`Permanent Disability" ' shall mean Employee's inability, because of physical or mental illness or injury, to perform substantially all of his customary duties pursuant to this Agreement, and the continuation of such disabled condition for a period of ninety (90) continuous days, or for not less than one hundred eighty (180) days during any continuous twenty-four (24) month period. Whether Employee is Permanently Disabled shall be certified to the Company by a Qualified Physician (as hereinafter defined), or if requested by Employee a panel of three Qualified Physicians. If Employee requests such a panel, Employee and the Company shall each select a Qualified Physician who together shall then select a third Qualified Physician. The determination of the individual Qualified Physician or the panel, as the case may be, shall be binding and conclusive for all purposes. As used herein, the term "Qualified Physician" shall mean any medical doctor who is licensed to practice medicine in the State of Utah and is reasonably acceptable to each of Employee and the Company. Employee and the Company may in any instance, and in lieu of a determination by a Qualified Physician or panel of Qualified Physicians, agree between themselves that Employee is Permanently Disabled. The terms Permanent Disability and Permanently Disabled as used herein may have meanings different from those used in any disability insurance policy or program maintained by Employee or the Company.

DEFINITION OF PERMANENTLY DISABLED AND PERMANENT DISABILITY. For purposes of this Agreement (other than Sections 4 (a) ("Fringe Benefits-Benefit Plans"), 4 (d) ("Fringe Benefits-Vesting on Death or Disability"), and the provisions relating to disability insurance contained in the last sentence of Section 7(a) ("Death or Disability-Termination of Employment"), the terms "Permanently Disabled" and "Permanent Disability" shall mean Employee's inability, because of physical or mental illness or injury, to perform substantially all of his customary duties pursuant to this Agreement, and the continuation of such disabled condition for a period of ninety one hundred twenty (90120) continuous days, or for not less than one hundred eighty (180) days during any continuous twenty-four (24) month period. Whether Employee is Permanently Disabled shall be certified to the Company by a Qualified Physician (as hereinafter defined), or if requested by Employee a panel of three Qualified Physicians. If Employee requests such a panel, Employee and the Company shall each select a Qualified Physician who together shall then select a third Qualified Physician. The determination of the individual Qualified Physician or the panel, as the case may be, shall be binding and conclusive for all purposes. As used herein, the term "Qualified Physician" shall mean any medical doctor who is licensed to practice medicine in the State of Utah and is reasonably acceptable to each of Employee and the Company. Employee and the Company may in any instance, and in lieu of a determination by a Qualified Physician or panel of Qualified Physicians, agree between themselves that Employee is Permanently Disabled. The terms Permanent Disability and Permanently Disabled as used herein may have meanings different from those used in any disability insurance policy or program maintained by Employee or the Company.