Common use of Definition of Disabled Clause in Contracts

Definition of Disabled. As used herein, "Disabled" shall mean a mental or physical impairment which, in the reasonable opinion of a qualified doctor selected by mutual agreement of the Company and Consultant, renders Consultant unable, with or without reasonable accommodation, to perform with reasonable diligence one or more of the essential functions and duties of Consultant's position on a full-time basis and in accordance with the terms of this Agreement, which inability continues for a period of not less than one hundred eighty (180) consecutive days. The providing of service to the Company for up to two (2) three (3) day periods during the one hundred eighty (180) day period of disability will not affect the determination as to whether Consultant is Disabled and will not restart the one hundred eighty (180) day period of disability. If any dispute arises between the Parties as to whether Consultant is Disabled, Consultant will submit to an examination by a physician selected by the mutual agreement of the Company and Consultant, acting reasonably, at the Company's expense. The decision of the physician will be certified in writing to the Company and will be sent by the physician to Consultant or Consultant's legally authorized representative and will be conclusive for the purposes of determining whether Consultant is Disabled. If Consultant fails to submit to a medical examination within twenty (20) days after the Company's request, Consultant will be deemed to have voluntarily terminated the Agreement without a breach of this Agreement by the Company.