Disability of Superintendent. Subject to applicable state and federal law, including, but not limited to the Americans With Disability Act, the Board may terminate this Agreement by written notice to the Superintendent at any time after the Superintendent has exhausted any accumulated sick leave and such other leave as may be available and has been absent without pay from his employment for whatever cause for an additional continuous period of sixty (60) days. All obligations of the District shall cease upon such termination. If a question exists concerning the ability of the Superintendent to perform the essential functions of his position with reasonable accommodation as required by law, the District may require the Superintendent to submit to a medical examination, to be performed by a physician. The District and the Superintendent shall mutually agree upon the physician who shall conduct the examination. If the Parties are unable to mutually agree upon a physician, a physician shall be designated by the President of the Board. The examination shall be performed at the expense of the District. The physician shall limit his or her report to the issue of whether the Superintendent has a continuing physical or mental disability which prohibits him from performing the essential functions of his position with reasonable accommodation.
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