Upon the 30 th day following the Executive’s receipt of notice of the Company’s termination due to Disability (as defined in this Section); provided that , the Executive has not returned to full-time performance of her duties within thirty (30) days after receipt of such notice. If the Company determines in good faith that the Executive’s Disability has occurred during the term of this Agreement, it will give the Executive written notice of its intention to terminate her employment.  For purposes of this Agreement, “ Disability ” shall occur when the Board determines that the Executive has become physically or mentally incapable of performing the essential functions of her job duties under this Agreement with or without reasonable accommodation, for ninety (90) consecutive days or one hundred twenty (120) nonconsecutive days in any twelve (12) month period. For purposes of this Section, at the Company’s request, the Executive agrees to make himself available and to cooperate in a reasonable examination by an independent qualified physician selected by the Board.