Common use of Partial or Total Disability Clause in Contracts

Partial or Total Disability. In the event that the Consultant is --------------------------- unable to perform his duties and responsibilities hereunder to the full extent required hereunder by reason of illness, injury or incapacity for six consecutive months (herein defined as a "Disability") (during which time, if during the Consulting Term, he shall be entitled to receive payments of the difference between the Consulting Fee during such time, or portion thereof, and the payments to which the Consultant is entitled pursuant to any applicable disability insurance policy (less withholding required by law), each such payment calculated and payable at the times corresponding to what would have been the Consultant's regular pay dates during such time), this Agreement may be terminated by the Company and the Company shall have no further liability or obligation hereunder to the Consultant except for unpaid Consulting Fees accrued through the date of termination. The Consultant agrees, in the event of any dispute under this Section 10.02, to submit to a physical examination by a licensed physician selected by the Company, the cost of such examination to be paid by the Company.