Inability to Perform

Inability to Perform. Means and shall be deemed to have occurred if the Executive has been determined under NMG's long-term disability plan to be eligible for long-term disability benefits. In the absence of the Executive's participation in such plan, "Inability to Perform" means that, in the Board's sole judgment, the Executive is unable to perform any of the material duties of his regular position because of an illness or injury for (i) 80% or more of the normal working days during six consecutive calendar months... or (ii) 50% or more of the normal working days during twelve consecutive calendar months. View More

Inability to Perform. And shall be deemed to have occurred if Executive has been determined under the Company's or any Affiliate's or co-employer's long-term disability plan to be eligible for long-term disability benefits. In the absence of Executive's participation in, application for benefits under, or existence of such a plan, "Inability to Perform" means a finding by the Company in its sole judgment that Executive is, despite any reasonable accommodation required by law, unable to perform the essential... functions of his position because of an illness or injury for (a) 60% or more of the normal working days during three consecutive calendar months or (b) 40% or more of the normal working days during six consecutive calendar months. View More

Inability to Perform. Means and shall be deemed to have occurred if Executive has been determined under Employer's long-term disability plan, if any, to be eligible for long-term disability benefits. In the absence of Executive's participation in, application for benefits under, or existence of such a plan, "Inability to Perform" means Executive's inability to perform the essential functions of his position with Employer because of an illness or injury for (i) a period of six consecutive months or (ii) an aggregate... of six months within any period of 12 consecutive months. View More