Disability

Disability. For purposes of this Agreement, Disability shall have the same defined meaning as in the Company's long-term disability plan.

Disability. A termination for "Disability" shall have occurred if a Participant's employment is terminated because of a disability entitling him or her to long-term disability benefits under the applicable long-term disability plan of the Company.

Disability. That, as of the Termination Date, Executive was unable to perform the duties of Executive's position for a period of 180 consecutive days as the result of incapacity due to physical or mental illness

Disability. If by reason of any mental, sensory, or physical impairment, Executive is unable to perform the essential functions of Executive's duties hereunder with reasonable accommodations, unless any such accommodations would impose an undue hardship on the Company's business. The written medical opinion of an independent medical physician mutually acceptable to Executive and the Company will determine if Executive has a Disability.

Disability. A physical or mental infirmity which impairs the Executive's ability to substantially perform the Executive's duties with the Employer for six (6) consecutive months, and within the time period set forth in a Notice of Termination given to the Executive (which time period shall not be less than thirty (30) days), the Executive shall not have returned to full-time performance of the Executive's duties; provided, however, that if the Employer's Long Term Disability Plan, or any successor plan... (the "Disability Plan"), is then in effect, the Executive shall not be deemed disabled for purposes of this Agreement unless the Executive is also eligible for "Total Disability" (as defined in the Disability Plan) benefits (or similar benefits in the event of a successor plan) under the Disability Plan. View More

Disability. Executive's incapacity due to physical or mental illness that causes the Executive to be absent from his duties with the Company on a full-time basis for three (3) consecutive months or for a period of one hundred eighty (180) non-consecutive days in any twelve (12) month period. In the event there is a dispute over whether the Executive is disabled, then, such dispute shall be resolved by a practicing physician, licensed as such and in good standing, in California that is selected by the... Company, to conduct a physical examination or, in the case of an alleged mental disability of Executive, a psychiatrist to conduct a psychological examination, of Executive and Executive agrees that he will submit to such examination in the event of any such a dispute. The determination of such physician or psychiatrist (as the case may be) shall be binding on and non-appealable by the parties hereto. Any refusal or failure of Executive to submit to such a physical or psychological examination shall, for purposes of this Agreement, constitute Executive's admission that he is Disabled View More

Disability. Employee's failure substantially to perform the Employee's duties on a full-time basis for a period exceeding one hundred eighty (180) consecutive days or for periods aggregating more than one hundred eighty (180) days during any twelve (12) month period as a result of incapacity due to physical or mental illness. If there is a dispute as to whether the Employee is or was physically or mentally unable to perform the Employee's duties, such dispute will be determined by a physician selected by... the Company or its insurers and acceptable to the Employee or the Employee's legal representative (such agreement as to acceptability not to be unreasonably withheld). Notwithstanding the foregoing, if the Employee participates in any group disability plan provided by the Company, which offers long-term disability benefits, 'Disability' will mean disability as defined therein. View More

Disability. Shall have the meaning set forth in the Company's 2018 Omnibus Incentive Plan

Disability. Shall have the same meaning ascribed to such term in any employment, consulting or severance agreement then in effect between the Participant and the Company or any of its Subsidiaries, or, if no such agreement containing a definition of "Disability" is then in effect or if such term is not defined therein, "Disability" shall exist at such time that, as determined by the Committee in good faith, the Participant becomes physically or mentally incapacitated and remains unable for a period of six... (6) consecutive months or for an aggregate of nine (9) months in any twenty-four (24) consecutive month period to perform the Participant's duties. View More

Disability. The Participant's inability to perform his or her duties under the agreement under which the Participant provides services to Odonate or an affiliate, even with reasonable accommodation, because the Participant has become permanently disabled within the meaning of any policy of disability income insurance covering employees of Odonate then in force. In the event Odonate has no policy of disability income insurance covering employees of Odonate in force when the Participant becomes disabled, the... term "Disability" shall mean the Participant's inability to perform his or her duties under the agreement under which the Participant provides services to Odonate, whether with or without reasonable accommodation, by reason of any incapacity, physical or mental, which the Administrator, based upon medical advice or an opinion provided by a licensed physician acceptable to the Administrator, determines to have incapacitated the Participant from satisfactorily performing all of his or her usual services for Odonate, with or without reasonable accommodation, for a period of at least 6 consecutive months during any 12 month period. Based upon such medical advice or opinion, the determination of the Administrator shall be final and binding and the date such determination is made shall be the date of such Disability for purposes of this Plan. View More