Common use of Inability to Act Clause in Contracts

Inability to Act. For purposes of this agreement, any individual who is serving as a trustee or who is authorized or required to take any action (whether as a trustee or otherwise) shall be deemed unable to act if and so long as he or she, in the opinion of the person or persons designated to serve as trustee or to take such action in the event of such individual's inability to act, is incapable of acting by reason of advanced age, illness, accident, or any other cause. Any such person shall be justified in assuming that such individual is unable to act if that fact is certified by the spouse of such individual or, if the spouse is not available, by a majority of the then living adult descendants of such individual or, if no such descendant is available, by the principal physician attending such individual.