Permanent Disability. In the event of any physical or mental disability of the Executive rendering the Executive substantially unable to perform his duties in any material respect hereunder for a period of at least 180 days out of any twelve-month period, this Agreement shall terminate automatically. Any determination of disability shall be made by the Company in consultation with a qualified physician or physicians selected by the Company and reasonably acceptable to the Executive. The failure of the Executive to submit to a reasonable examination by such physician or physicians shall act as an estoppel to any objection by the Executive to the determination of disability by the Company.
Appears in 8 contracts
Samples: Executive Employment and Non Competition Agreement (Fortegra Group, Inc), Employment and Non‑competition Agreement (Fortegra Financial Corp), Employment and Non Competition Agreement (Fortegra Financial Corp)
Permanent Disability. In the event of any physical or mental disability of the Executive rendering the Executive substantially unable to perform his duties in any material respect hereunder for a period of at least 180 one hundred twenty (120) consecutive days out of any twelve-month periodand the further determination that the disability is permanent with regard to the Executive's ability to return to work in his full capacity, this Agreement shall terminate automatically. Any determination of disability shall be made by the Company Board in consultation with a qualified physician or physicians selected by the Company Board and reasonably acceptable to the Executive. The failure of the Executive to submit to a reasonable examination by such physician or physicians shall act as an estoppel to any objection by the Executive to the determination of disability by the CompanyBoard.
Appears in 6 contracts
Samples: Execution Copy (Holmes Products Corp), Employment and Non Competition Agreement (Rival Co), Employment And (Weigh Tronix LLC)
Permanent Disability. In the event of any physical or mental disability of the Executive rendering the Executive substantially unable to perform his or her duties in any material respect hereunder for a period of at least 180 one hundred twenty (120) consecutive days out of any twelve-month periodand the further determination that the disability is permanent with regard to the Executive's ability to return to work in his or full capacity, this Agreement shall terminate automatically. Any determination of disability shall be made by the Company Board in consultation with a qualified physician or physicians selected by the Company Board and reasonably acceptable to the Executive. The failure of the Executive to submit to a reasonable examination by such physician or physicians shall act as an estoppel to any objection by the Executive to the determination of disability by the Company.
Appears in 5 contracts
Samples: Executive Employment Agreement (Voicetek Corp), Employment Agreement (Voicetek Corp), Executive Employment Agreement (Voicetek Corp)
Permanent Disability. In the event of any physical or mental disability of the Executive rendering the Executive substantially unable to perform his duties in any material respect hereunder for a period of at least 180 one hundred twenty (120) days out of any twelve-twelve (12) month periodperiod (“Permanent Disability”), this Agreement shall terminate automatically. Any determination of disability shall be made by the Company in consultation with a qualified physician or physicians selected by the Company and reasonably acceptable to the Executive. The failure of the Executive to submit to a reasonable examination by such physician or physicians shall act as an estoppel to any objection by the Executive to the determination of disability by the Company.
Appears in 5 contracts
Samples: Employment and Non Competition Agreement (EnergySolutions, Inc.), Executive Employment and Non Competition Agreement (EnergySolutions, Inc.), Executive Employment and Non Competition Agreement (EnergySolutions, Inc.)
Permanent Disability. In the event of any physical or mental disability of the Executive rendering the Executive substantially unable to perform his duties in any material respect hereunder for a period of at least 180 days out of any twelve-month period, this Agreement shall terminate automatically. Any determination of disability shall be made by the Company Board in consultation with a qualified physician or physicians selected by the Company Board and reasonably acceptable to the Executive. The failure of the Executive to submit to a reasonable examination by such physician or physicians shall act as an estoppel to any objection by the Executive to the determination of disability by the CompanyBoard.
Appears in 3 contracts
Samples: Employment and Non Competition Agreement (Fortegra Financial Corp), Employment and Non Competition Agreement (Fortegra Financial Corp), Employment and Non Competition Agreement (Fortegra Financial Corp)
Permanent Disability. In the event of any physical or mental disability of the Executive rendering the Executive substantially unable to perform his duties in any material respect hereunder for a period of at least 180 120 days out of any twelve-month periodperiod (a “Disability”), this Agreement shall terminate automatically. Any determination of disability Disability shall be made by the Company Board in consultation with a qualified physician or physicians selected by the Company Board and reasonably acceptable to the Executive. The failure of the Executive to submit to a reasonable examination by such physician or physicians shall act as an estoppel to any objection by the Executive to the determination of disability by the CompanyBoard.
Appears in 3 contracts
Samples: Employment and Non Competition Agreement (Hawkeye Holdings, Inc.), Employment and Non Competition Agreement (Hawkeye Holdings, Inc.), Employment and Non Competition Agreement (Hawkeye Holdings, Inc.)
Permanent Disability. In the event of any physical or mental disability of the Executive rendering the Executive substantially unable to perform his or her duties in any material respect hereunder for a period of at least 180 one hundred twenty (120) consecutive days out of any twelve-month periodand the further determination that the disability is permanent with regard to the Executive's ability to return to work in his or full capacity, this Agreement shall terminate automatically, except that the compensation provided in Section 4 shall continue as provided in Section 9.03. Any determination of disability shall be made by the Company Board in consultation with a qualified physician or physicians selected by the Company Board and reasonably acceptable to the Executive. The failure of the Executive to submit to a reasonable examination by such physician or physicians shall act as an estoppel to any objection by the Executive to the determination of disability by the Company.
Appears in 2 contracts
Samples: Employment Agreement (New York Restaurant Group Inc), Employment Agreement (Smith & Wollensky Restaurant Group Inc)
Permanent Disability. In the event of any physical or mental disability of the Executive rendering which renders the Executive substantially unable to perform his duties in any material respect hereunder for a period of at least 180 one hundred eighty (180) days out of any twelve-month period, this Agreement shall terminate automatically. Any determination of disability shall be made by the Company Board in consultation with a qualified physician or physicians selected by the Company Board and reasonably acceptable to the Executive. The failure of the Executive to submit to a reasonable examination by such physician or physicians shall act as an estoppel to any objection by the Executive to the determination of disability by the CompanyBoard.
Appears in 2 contracts
Samples: Employment and Non Competition Agreement (Fortegra Group, Inc), Employment and Non Competition Agreement (Fortegra Group, LLC)
Permanent Disability. In the event of any physical or mental disability of the Executive rendering which renders the Executive substantially unable to perform his duties in any material respect hereunder for a period of at least 180 one hundred eighty (180) days out of any twelve-month period, this Agreement shall terminate automatically. Any determination of disability shall be made by the Company in consultation with a qualified physician or physicians selected by the Company and reasonably acceptable to the Executive. The failure of the Executive to submit to a reasonable examination by such physician or physicians shall act as an estoppel to any objection by the Executive to the determination of disability by the Company.
Appears in 2 contracts
Samples: Executive Employment and Non Competition Agreement (Fortegra Group, Inc), Employment and Non Competition Agreement (Fortegra Group, LLC)
Permanent Disability. In the event of any physical or mental disability of the Executive rendering which renders the Executive substantially unable to perform his her duties in any material respect hereunder for a period of at least 180 one hundred eighty (180) days out of any twelve-month period, this the Agreement shall terminate automatically. Any determination of disability shall be made by the Company in consultation with a qualified physician or physicians selected by the Company and reasonably acceptable to the Executive. The failure of the Executive to submit to a reasonable examination by such physician or physicians shall act as an estoppel to any objection by the Executive to the determination of disability by the Company.
Appears in 1 contract
Samples: Executive Employment and Non Competition Agreement (Fortegra Group, Inc)
Permanent Disability. In the event of any physical or mental disability of the Executive rendering the Executive substantially unable to perform his or her duties in any material respect hereunder for a period of at least 180 one hundred twenty (120) consecutive days out of any twelve-month periodand the further determination that the disability is permanent with regard to the Executive's ability to return to work in his or full capacity, this Agreement shall terminate automatically, except that the compensation provided in Section 4 shall continue as provided in Section 10.03. Any determination of disability shall be made by the Company Board in consultation with a qualified physician or physicians selected by the Company Board and reasonably acceptable to the Executive. The failure of the Executive to submit to a reasonable examination by such physician or physicians shall act as an estoppel to any objection by the Executive to the determination of disability by the Company.
Appears in 1 contract
Samples: Executive Employment Agreement (Smith & Wollensky Restaurant Group Inc)