Inability to Perform

Inability to Perform. Means and shall be deemed to have occurred if Executive has been determined under 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 Board 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 (i) 60% or more of the normal working days during six consecutive calendar months or (ii) 40% or more of the normal working days during twelve consecutive calendar months. View More

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. Means and shall be deemed to have occurred if Domijan has been determined under Employer's long-term disability plan, if any, to be eligible for long-term disability benefits. In the absence of such a plan or determination, regardless of the reason, "Inability to Perform" means Domijan's inability, despite any reasonable accommodation required by law, to perform the essential functions of his position because of an illness, disability,... or injury for more than 90 days during any 12-month period. View More

Inability to Perform. Means (i) Executive has been determined under Employer's long-term disability plan to be eligible for long-term disability benefits or (ii) Executive has suffered a physical or mental condition that, in the opinion of a licensed physician reasonably acceptable to Employer and Executive (or his legal representative), prevents Executive from being able to perform the essential functions of his position for (A) a period of three consecutive months or (B) an aggregate of four months within any... period of 12-consecutive months. View More

Inability to Perform. Means and shall be deemed to have occurred if (i) Participant has been determined under the Company's or an Affiliate's long-term disability plan to be eligible for long-term disability benefits, or (ii) in the absence of, or Participant's participation in or application for benefits under, such a plan, Participant's inability to perform the essential functions of his position, despite any reasonable accommodation required by law, by reason of an illness or injury for (A) 180 consecutive... calendar days or (B) an aggregate of 180 calendar days during any period of 12 consecutive months, as determined by the Board in its sole discretion. 3 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 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 Board 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 (i) 60% or more of the normal working days during six consecutive calendar months or (ii) 40% or more of the normal working days during twelve consecutive calendar months. 3 (k) "Work Product" means all ideas, works of authorship, inventions, and other creations, whether or not patentable, copyrightable, or subject to other intellectual-property protection, that are made, conceived, developed or worked on in whole or in part by Executive while employed by Employer and/or any of its Affiliates, that relate in any manner whatsoever to the business, existing or proposed, of Employer and/or any of its Affiliates, or any other business or research or development effort in which Employer and/or any of its Affiliates engages during Executive's employment. Work Product includes any material previously conceived, made, developed, or worked on during Executive's employment with Calpine and any Affiliate. 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