Disability Provision

You will be “totally disabled” if you are unable to substantially fulfill the normal duties of your position under this agreement. If you remain totally disabled for more than 180 days during any 360 day period, company may terminate its obligations under this agreement by giving a written notice. If company does so, your employment will terminate on the last day of the month in which notice is given. If you have previously elected to participate in company’s long-term disability plan, then the terms of that plan will apply.

Interaction with disability and leave law: The Company's right to terminate its obligations under this provision is subject to applicable law, including the Company's reasonable accommodation obligations under the ADA, as amended, and any applicable state disability-accommodation law, and to any job-protected leave entitlement (such as FMLA or state equivalent leave) the executive has not yet exhausted. Nothing in this provision authorizes a termination that would violate those obligations.

General information, not legal advice. Treat this as a drafting starting point, not a finished policy — employment law varies by jurisdiction and changes often, so have a licensed attorney tailor it to your situation before you rely on it.

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