Permanent Disability Clause Samples

Permanent Disability. Executive’s “Permanent Disability” shall be deemed to have occurred if Executive shall become physically or mentally incapacitated or disabled or otherwise unable fully to discharge his or her duties hereunder for a period of ninety (90) consecutive calendar days or for one hundred twenty (120) calendar days in any one hundred eighty (180) calendar-day period. The existence of Executive’s Permanent Disability shall be determined by the Company on the advice of a physician chosen by the Company and the Company reserves the right to have the Executive examined by a physician chosen by the Company at the Company’s expense.

Permanent Disability. The Optionee shall be deemed to have a "Permanent Disability" if the Optionee is unable to engage in the activities required by the Optionee's job by reason of any medically determined physical or mental impairment which can be expected to result in death or which has lasted or can be expected to last for a continuous period of not less than 12 months.

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.

Permanent Disability. The Board may terminate this contract for reasons of permanent disability or incapacity at any time after the Administrator has exhausted his accumulated sick leave and vacation benefits and either has been absent from his employment for a continuous period of fifty percent (50%) of his work days or presents to the Board upon request a physician's statement certifying that he is permanently disabled or incapacitated, subject to any obligation the Board may have to provide the Administrator an accommodation under the Americans with Disabilities Act, as amended. All obligations of the Board shall cease upon written notice of termination for permanent disability or incapacity, provided that the Administrator shall be entitled to a hearing before the Board in closed session if he so requests. Such examination shall be performed by a physician, licensed to practice medicine in all its branches, selected and paid by the Board. The physician shall prepare a detailed report of the state of the Administrator’s physical and/or mental health and submit it to the Board of Education.

Permanent Disability. In the event the Executive shall fail because of illness, physical or mental disability or other incapacity, for a period of six consecutive months, or for shorter periods aggregating six months during any twelve-month period, to render the services provided for by this Agreement, then the Company shall, by written notice to the Executive after the last day of the six consecutive months of disability or the day on which the shorter periods of disability equal an aggregate of six months, reduce the Executive's compensation hereunder for "Permanent Disability" as follows: First Six Months No Reduction Following 18 months 90% of compensation less $l0,000 per month Following 12 months Fifty percent (50%) of (or if less, the compensation balance of the Employment Term) Balance of Employment Twenty-five percent (25%) of Term compensation The Executive will use his reasonable best efforts to cooperate with any physician referred to the Company by the physicians referral service of the Columbia Presbyterian Medical Center of ▇▇▇ ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ to determine whether or not Permanent Disability exists, and the determination of such physician made in writing to the Company and the Executive shall be final and conclusive for all purposes of this Agreement; provided that if such physician declines to make a determination as to medical disability, the matter will be referred to ENDISPUTE for resolution, whereby ENDISPUTE shall select a single arbitrator to make a determination based upon the evidence and testimony submitted by such physician and no other expert testimony or medical evidence shall be permitted or considered by such arbitrator. Any payments provided for in this Section 5 shall be reduced to the extent that such payments, together with any disability payments received by the Executive under any plan, program or arrangements, including any payment to the employee under Section 3.1(b) exceed the Executive's Base Salary; provided that if disability payments are received which are free of federal income tax. The payments provided for in this Section s shall be reduced by an amount equal to the pre-tax income which would have been required to produce such payment free of tax based on the marginal rate for the previous tax year of the Executive. Except (i) as to continue to pay the Executive's medical insurance premiums for a period of 18 months following delivery of the written notice of "Permanent Disability" to the Executive or (ii) as o...

Permanent Disability. If illness, incapacity, or any other condition causes the Assistant Principal to be absent in one school year, after exhaustion of all available leave, for more than 90 consecutive work days, such absence may be considered a permanent disability and the Board, at its discretion, may terminate this Agreement, whereupon the respective duties, rights and obligations of the Parties shall terminate.

Permanent Disability. “Permanent Disability” shall mean Executive’s inability to perform Executive’s duties hereunder due to a physical or mental condition for (a) a period of ninety (90) consecutive days or (b) an aggregate of one hundred twenty (120) days in any twelve (12) month period.

Permanent Disability. The Company may terminate the Executive’s employment during any period in which he is Permanently Disabled. The Executive shall be considered “Permanently Disabled” during any period in which he is unable, by reason of a medically determinable physical or mental impairment, to engage in the material and substantial duties of his regular occupation, and such condition is expected to be permanent, as determined by the Board.

Permanent Disability. For purposes of this Agreement, “Permanent Disability” shall mean any medically determinable physical or mental impairment that can reasonably be expected to result in death or that has lasted or can reasonably be expected to last for a continuous period of not less than twelve (12) months and that renders Executive unable to perform effectively all of the essential functions of his position pursuant to this Agreement, with or without reasonable accommodation.