Permanently Disabled

Permanently Disabled. Any medically determinable physical or mental impairment which can be expected to result in death or can be expected to last for a continuous period of not less than twelve (12) months that results in Executive (i) being unable to engage in any substantial gainful activity; or (ii) receiving income replacement benefits for a period of not less than three (3) months under the Employer's long-term disability plan covering Executive. The determination of whether Executive is Permanently Disabled... shall be made by the Employer and shall be construed consistent with its meaning under Section 409A of the Code View More

Permanently Disabled. During any period in which (i) he has a physical or mental disability which renders him incapable, after reasonable accommodation, of performing his duties under this Agreement; (ii) such disability is determined by the Executive's Supervisor to be of a long-term nature; and (iii) the Executive is eligible for income replacement benefits under the Company's long-term disability plan during such period of disability. In the event of a ... dispute as to whether the Executive is Disabled or Permanently Disabled, the Company may refer the same to a licensed practicing physician of the Company's choice, and the Executive agrees to submit to such tests and examinations as such physician shall deem appropriate. View More

Permanently Disabled. Shall mean permanently disabled in accordance with the disability policy (as defined by the Company's Long-Term Disability Insurance Plan) of the Company as in effect on the date of this Agreement and as evaluated by sufficient documentation including doctors' statements, etc. as requested by the Company.

Permanently Disabled. If Executive is (i) collecting long-term disability payments under a long-term disability plan established for the benefit of NMHC's employees or executives generally or a reasonably similar plan or (ii) if, and only if, no such long-term disability plan is in effect at the time of determination, an independent physician selected by NMHC and reasonably acceptable to Executive makes a written determination that Executive is unable to perform Executive's obligations under this Agreement, despite... Executive's best efforts, by reason of any medically determinable physical or mental impairment that can be expected to result in death or that has lasted or can be expected to last for a continuing period of not less than 12 months. The determination of any selected independent physician is final and binding on the parties and shall be made after taking into account such competent medical evidence as shall be presented to the independent physician by Executive and/or NMHC or by any physician or group of physicians or other competent medical experts employed by Executive and/or NMHC to advise such independent physician. View More

Permanently Disabled. Executive is unable to continue his normal duties of employment, by reason of a medically determined physical or mental impairment, for a continuous period of nineteen (19) consecutive weeks or for any twenty-six (26) weeks within a fifty-two (52) week period (or such longer period, not to exceed thirty-eight (38) weeks, if Executive's, disability insurance policy requires a benefit waiting period longer than such 26-week period).

Permanently Disabled. The expiration of a continuous period of 120 days during which the Executive is unable to perform his assigned duties due to physical or mental incapacity, as reasonably determined by the Board in good faith after consulting with such medical advisers as the Board shall see fit.

Permanently Disabled. (e) "Permanently Disabled" shall mean when, and only when, the Executive is unable, by reason of illness or accident, to perform, for a continuous 180-day period, the material elements of his duties hereunder, and the Company has reasonably determined, based upon medical documentation, that the Executive for such reason is unlikely to be able to resume such duties in the foreseeable future.

Permanently Disabled. Executive shall be considered permanently disabled upon the earlier of (i) the date Executive is determined to be eligible for long-term disability benefits under any plan sponsored by the Corporation which provides long-term disability benefits to Executive, or (ii) if a qualified medical doctor mutually acceptable to the Corporation and Executive or Executive's personal representative shall have certified in writing that: (A) Executive is unable because of a medically determinable physical or... mental disability to perform substantially all of Executive's duties for more than one hundred eighty (180) calendar days measured from the last full day of work, or (B) by reason of mental or physical disability, it is unlikely that Executive will be able, within one hundred eighty (180) calendar days, to resume substantially all business duties and responsibilities in which Executive was previously engaged and otherwise discharge Executive's duties to the Corporation. View More

Permanently Disabled. Shall mean that Grantee has qualified for long-term disability benefits under a disability plan or program of the Company or, in the absence of a disability plan or program of the Company, under a government-sponsored disability program and is "disabled" within the meaning of Section 409A(a)(2)(C) of the Code.