Mitigation. The Executive shall not be required to mitigate the amount of any payment or benefits provided for in this Section 4 by seeking other employment or otherwise. Further, except as provided in Section 4.2(a)(ii), the amount of any payment or benefits provided for in this Section 4 shall not be reduced by any compensation earned by the Executive as a result of employment by another employer, by retirement benefits, by offset against any amount claimed to be owed by the Executive to the Company or otherwise.
Appears in 61 contracts
Sources: Executive Retention Agreement, Executive Retention Agreement (Kadant Inc), Executive Retention Agreement (Biosphere Medical Inc)
Mitigation. The Executive shall not be required to mitigate the amount of any payment or benefits provided for in this Section 4 4.1(a), Section 4.2(a) or Section 4.2(b) by seeking other employment or otherwise. Further, except as provided in Section 4.2(a)(ii4.1(a)(iii), Section 4.2(a)(iii) or Section 4.2(b)(iii), the amount of any payment or benefits provided for in this Section 4 4.1(a), Section 4.2(a) or Section 4.2(b) shall not be reduced by any compensation earned or benefits received by the Executive as a result of employment by another employer, by retirement benefits, by offset against any amount claimed to be owed by the Executive to the Company or otherwise.
Appears in 32 contracts
Sources: Executive Severance Agreement, Executive Severance Agreement (American Superconductor Corp /De/), Executive Severance Agreement (American Superconductor Corp /De/)
Mitigation. The Executive shall not be required to mitigate the amount of any payment or benefits provided for in this Section 4 by seeking other employment or otherwise. Further, except as provided in Section 4.2(a)(ii), the amount of any payment or benefits provided for in this Section 4 shall not be reduced by any compensation earned by the Executive as a result of employment by another employer, by retirement benefits, by offset against any amount claimed to be owed by the Executive to the Company or otherwise.
Appears in 30 contracts
Sources: Executive Retention Agreement (Myriad Genetics Inc), Executive Retention Agreement (Myriad Genetics Inc), Executive Severance Agreement (Endurance International Group Holdings, Inc.)
Mitigation. The Executive shall not be required to mitigate the amount of any payment or benefits provided for in amounts payable under this Section 4 by seeking other employment or otherwise. Further, and there shall be no offset against amounts due Executive under this Agreement on account of subsequent employment except as specifically provided in Section 4.2(a)(ii), the amount of any payment or benefits provided for in this Section 4 shall not be reduced by any compensation earned by the Executive as a result of employment by another employer, by retirement benefits, by offset against any amount claimed to be owed by the Executive to the Company or otherwiseherein.
Appears in 28 contracts
Sources: Employment Agreement (Torvec Inc), Employment Agreement (Harris Interactive Inc), Employment Agreement (Harris Interactive Inc)
Mitigation. The Executive shall not be required to mitigate the amount of any payment or benefits provided for in this Section 4 by seeking other employment or otherwise. Further, except as provided in Section 4.2(a)(ii4.1(a)(ii), the amount of any payment or benefits provided for in this Section 4 shall not be reduced by any compensation earned by the Executive as a result of employment by another employer, by retirement benefits, by offset against any amount claimed to be owed by the Executive to the Company or otherwise.
Appears in 26 contracts
Sources: Executive Change in Control Retention Agreement (Thermo Fisher Scientific Inc.), Executive Change in Control Retention Agreement (Thermo Fisher Scientific Inc.), Executive Change in Control Retention Agreement (Thermo Fisher Scientific Inc.)
Mitigation. The Executive shall not be required to mitigate the amount of any payment or benefits provided for in this Section 4 by seeking other employment or otherwise. Further, except as provided in Section 4.2(a)(ii4.1(a)(iii), the amount of any payment or benefits provided for in this Section 4 shall not be reduced by any compensation earned by the Executive as a result of employment by another employer, by retirement benefits, by offset against any amount claimed to be owed by the Executive to the Company or otherwise.
Appears in 23 contracts
Sources: Executive Retention Agreement (Bottomline Technologies Inc /De/), Executive Retention Agreement (Bottomline Technologies Inc /De/), Executive Retention Agreement (Netegrity Inc)
Mitigation. The Executive shall not be required to mitigate the amount of any payment or benefits provided for in this Section 4 by seeking other employment or otherwise. Further, except as provided in Section 4.2(a)(ii) and 4.3(a)(ii), the amount of any payment or benefits provided for in this Section 4 shall not be reduced by any compensation earned by the Executive as a result of employment by another employer, by retirement benefits, by offset against any amount claimed to be owed by the Executive to the Company or otherwise.
Appears in 11 contracts
Sources: Executive Retention Agreement (Network Engines Inc), Executive Retention Agreement (Network Engines Inc), Executive Retention Agreement (Network Engines Inc)
Mitigation. The Executive shall not be required to mitigate the amount of any payment or benefits provided for in this Section 4 by seeking other employment or otherwise. Further, except as provided in Section 4.2(a)(iiSections 4.2 (a)(ii) and (b)(ii), the amount of any payment or benefits provided for in this Section 4 shall not be reduced by any compensation earned by the Executive as a result of employment by another employer, by retirement benefits, by offset against any amount claimed to be owed by the Executive to the Company or otherwise.
Appears in 7 contracts
Sources: Executive Retention Agreement, Executive Retention Agreement (Vistaprint LTD), Executive Retention Agreement (Vistaprint LTD)
Mitigation. The Executive shall not be required to mitigate the amount of any payment or benefits provided for in this Section 4 by seeking other employment or otherwise. Further, except as provided in Section 4.2(a)(ii)4.5, the amount of any payment or benefits provided for in this Section 4 shall not be reduced by any compensation earned by the Executive as a result of employment by another employer, by retirement benefits, by offset against any amount claimed to be owed by the Executive to the Company or otherwise.
Appears in 6 contracts
Sources: Executive Retention Agreement (TransMedics Group, Inc.), Executive Retention Agreement (TransMedics Group, Inc.), Executive Retention Agreement (TransMedics Group, Inc.)
Mitigation. The Executive shall not be required to mitigate the amount of any payment or benefits provided for in this Section Sections 3 or 4 by seeking other employment or otherwise. Further, except as provided in Section 4.2(a)(ii), the amount of any payment or benefits provided for in this Section Sections 3 and 4 shall not be reduced by any compensation earned by the Executive as a result of employment by another employer, by retirement benefits, by offset against any amount claimed to be owed by the Executive to the Company Company, or otherwise.
Appears in 5 contracts
Sources: Severance and Change of Control Agreement (Adnexus Therapeutics, Inc.), Severance and Change of Control Agreement (Adnexus Therapeutics, Inc.), Severance and Change of Control Agreement (Adnexus Therapeutics, Inc.)
Mitigation. The Executive shall not be required to mitigate the amount of any payment or benefits provided for in this Section 4 by seeking other employment or otherwise. Further, except as provided in Section 4.2(a)(ii4.1(a)(v), the amount of any payment or benefits provided for in this Section 4 shall not be reduced by any compensation earned by the Executive as a result of employment by another employer, by retirement benefits, by offset against any amount claimed to be owed by the Executive to the Company or otherwise.
Appears in 4 contracts
Sources: Executive Retention Agreement (Bottomline Technologies Inc), Executive Retention Agreement (Bottomline Technologies Inc), Executive Retention Agreement (Bottomline Technologies Inc /De/)
Mitigation. The For the avoidance of doubt, the Executive shall not be required to mitigate the amount of any payment or benefits provided for in this Section 4 by seeking other employment or otherwise. Further, except as provided in subject to Section 4.2(a)(ii)8.1, the amount of any payment or benefits provided for in this Section 4 shall not be reduced by any compensation earned by the Executive as a result of employment by another employer, by retirement benefits, by offset against any amount claimed to be owed by the Executive to the Company or otherwise.
Appears in 4 contracts
Sources: Executive Retention Agreement (Aspen Technology, Inc.), Executive Retention Agreement (Aspen Technology Inc /De/), Executive Retention Agreement (Aspen Technology Inc /De/)
Mitigation. The Executive shall not be required to mitigate ---------- the amount of any payment or benefits provided for in this Section 4 by seeking other employment or otherwise. Further, except as provided in Section 4.2(a)(ii4.1(a)(ii), the amount of any payment or benefits provided for in this Section 4 shall not be reduced by any compensation earned by the Executive as a result of employment by another employer, by retirement benefits, by offset against any amount claimed to be owed by the Executive to the Company or otherwise.
Appears in 3 contracts
Sources: Change in Control Agreement (Opnet Technologies Inc), Change in Control Agreement (Opnet Technologies Inc), Change in Control Agreement (Opnet Technologies Inc)
Mitigation. The Executive shall not be required to mitigate the ---------- amount of any payment or benefits provided for in this Section 4 by seeking other employment or otherwise. Further, except as provided in Section 4.2(a)(ii4.1(a)(ii), the amount of any payment or benefits provided for in this Section 4 shall not be reduced by any compensation earned by the Executive as a result of employment by another employer, by retirement benefits, by offset against any amount claimed to be owed by the Executive to the Company or otherwise.
Appears in 3 contracts
Sources: Change in Control Agreement (Opnet Technologies Inc), Change in Control Agreement (Opnet Technologies Inc), Change in Control Agreement (Opnet Technologies Inc)
Mitigation. The Executive shall not be required to mitigate the amount of any payment or benefits provided for in this Section 4 by seeking other employment or otherwise. Further, except as provided in Section 4.2(a)(ii4.1(a)(ii), the amount of any payment or benefits provided for in this Section 4 shall not be reduced by any compensation earned by the Executive as a result of employment by another employer, by retirement benefits, by offset against any amount claimed to be owed by the Executive to the Company AWI or AWHI or otherwise.
Appears in 3 contracts
Sources: Executive Employment Agreement (Arch Wireless Inc), Executive Employment Agreement (Arch Wireless Inc), Executive Employment Agreement (Arch Wireless Inc)
Mitigation. The Executive shall not be required to mitigate the ---------- amount of any payment or benefits provided for in this Section 4 by seeking other employment or otherwise. Further, except as provided in Section 4.2(a)(ii)) hereof, the amount of any payment or benefits provided for in this Section 4 shall not be reduced by any compensation earned by the Executive as a result of employment by another employer, by retirement benefits, by offset against any amount claimed to be owed by the Executive to the Company or otherwise.
Appears in 3 contracts
Sources: Executive Retention Agreement (Banyan Systems Inc), Executive Retention Agreement (Banyan Systems Inc), Executive Retention Agreement (Banyan Systems Inc)
Mitigation. The Executive shall not be required to mitigate the amount of any payment or benefits provided for in this Section 4 by seeking other employment or otherwise. Further, except as provided in Sections 4.2(a)(ii) and (b)(ii) and in Section 4.2(a)(ii)8.9, the amount of any payment or benefits provided for in this Section 4 shall not be reduced by any compensation earned by the Executive as a result of employment by another employer, by retirement benefits, by offset against any amount claimed to be owed by the Executive to the Company or otherwise.
Appears in 3 contracts
Sources: Executive Retention Agreement (Cimpress N.V.), Executive Retention Agreement (Cimpress N.V.), Executive Retention Agreement (Cimpress N.V.)
Mitigation. The Executive shall not be required to mitigate the amount of any payment or benefits provided for in this Section 4 by seeking other employment or otherwise4. Further, except as provided in Section 4.2(a)(ii4.2(b), the amount of any payment or benefits provided for in this Section 4 shall not be reduced by any compensation earned by the Executive as a result of employment by another employer, by retirement benefits, by offset against any amount claimed to be owed by the Executive to the Company or otherwise.
Appears in 3 contracts
Sources: Executive Retention Agreement (Sepracor Inc /De/), Executive Retention Agreement (Sepracor Inc /De/), Executive Retention Agreement (Sepracor Inc /De/)
Mitigation. The Executive shall not be required to mitigate the amount of any payment or benefits provided for in this Section 4 by seeking other employment or otherwise. Further, except as otherwise provided in Section 4.1(a)(ii) or Section 4.2(a)(ii), the amount of any payment or benefits provided for in this Section 4 shall not be reduced by any compensation earned by the Executive as a result of employment by another employer, by retirement benefits, by offset against any amount claimed to be owed by the Executive to the Company or otherwise.
Appears in 3 contracts
Sources: Executive Severance and Change in Control Agreement (Myrexis, Inc.), Executive Severance and Change in Control Agreement (Myriad Pharmaceuticals, Inc.), Executive Severance and Change in Control Agreement (Myriad Pharmaceuticals, Inc.)
Mitigation. The Executive shall not be required to mitigate the amount of any payment or benefits provided for in this Section 4 by seeking other employment or otherwise. Further, except as provided in Section 4.2(a)(ii)4.2(a)(iii) hereof, the amount of any payment or benefits provided for in this Section 4 shall not be reduced by any compensation earned by the Executive as a result of employment by another employer, by retirement benefits, by offset against any amount claimed to be owed by the Executive to the Company or otherwise.
Appears in 3 contracts
Sources: Executive Retention Agreement (Epresence Inc), Executive Retention Agreement (Epresence Inc), Executive Retention Agreement (Epresence Inc)
Mitigation. The Executive shall not be required to mitigate the amount of any payment or benefits provided for in this Section 4 by seeking other employment or otherwise. Further, except as provided in Section 4.2(a)(ii4.2(a)(iii), the amount of any payment or benefits provided for in this Section 4 shall not be reduced by any compensation earned by the Executive as a result of employment by another employer, by retirement benefits, by offset against any amount claimed to be owed by the Executive to the Company Company, or otherwise.
Appears in 3 contracts
Sources: Senior Officer Executive Retention Agreement (Syneron Medical Ltd.), Executive Retention Agreement (Candela Corp /De/), Senior Officer Executive Retention Agreement (Candela Corp /De/)
Mitigation. The Executive shall not be required to mitigate the amount of any payment or benefits provided for in this Section 4 Sections 3.1 and 4.2.2 by seeking other employment or otherwise. Further, except as provided in Section 4.2(a)(ii), the amount of any payment or benefits provided for in this Section 4 Agreement shall not be reduced by any compensation earned by the Executive as a result of employment by another employer, by retirement benefits, by offset against any amount claimed to be owed by the Executive to the Company or otherwise.
Appears in 3 contracts
Sources: Executive Severance and Retention Agreement (Oclaro, Inc.), Executive Severance and Retention Agreement (Oclaro, Inc.), Executive Severance and Retention Agreement (Oclaro, Inc.)
Mitigation. The Executive shall not be required to mitigate the amount of any payment or benefits provided for in this Section 4 by seeking other employment or otherwise. Further, except as provided in Section 4.2(a)(ii), the amount of any payment or benefits provided for in this Section 4 shall not be reduced by any compensation earned by the Executive as a result of employment by another employer, by retirement benefits, by offset against any amount claimed to be owed by the Executive to the Company or otherwise.
Appears in 3 contracts
Sources: Executive Retention Agreement (Bioclinica Inc), Executive Retention Agreement (Bio Imaging Technologies Inc), Employment Agreement (Bioclinica Inc)
Mitigation. The Executive shall is not be required to mitigate the amount of any payment or benefits provided for in this Section 4 by seeking other employment or otherwise. Further, except as provided in Section 4.2(a)(ii)4.2(b)(ii) and in Section 8.8, the amount of any payment or benefits provided for in this Section 4 shall will not be reduced by any compensation earned by the Executive as a result of employment by another employer, by retirement benefits, by offset against any amount claimed to be owed by the Executive to the Company or otherwise.
Appears in 2 contracts
Sources: Executive Retention Agreement (CIMPRESS PLC), Executive Retention Agreement (CIMPRESS PLC)
Mitigation. The Executive CEO shall not be required to mitigate the amount of any payment or benefits provided for in this Section 4 by seeking other employment or otherwise. Further, except as provided in Section 4.2(a)(ii4.1(a)(ii), the amount of any payment or benefits provided for in this Section 4 shall not be reduced by any compensation earned by the Executive CEO as a result of employment by another employer, by retirement benefits, by disability or death benefits, by offset against any amount claimed to be owed by the Executive CEO to the Company or otherwise.
Appears in 2 contracts
Sources: Retention Agreement (Icu Medical Inc/De), Retention Agreement (Icu Medical Inc/De)
Mitigation. The Executive shall not be required to mitigate the amount of any payment or benefits provided for in this Section 4 by seeking other employment or otherwise. Further, except as provided in Section 4.2(a)(ii4.1(a)(ii) or (b)(ii), the amount of any payment or benefits provided for in this Section 4 shall not be reduced by any compensation earned by the Executive as a result of employment by another employer, by retirement benefits, by offset against any amount claimed to be owed by the Executive to the Company or otherwise.
Appears in 2 contracts
Sources: Senior Executive Retention Agreement (Kronos Inc), Senior Executive Retention Agreement (Kronos Inc)
Mitigation. The Executive shall not be required to mitigate the amount of any payment or benefits provided for in this Section 4 by seeking other employment or otherwise. Further, except as provided in Section 4.2(a)(ii), the amount of any payment or benefits provided for in this Section 4 shall not be reduced by any compensation earned by the Executive as a result of employment by another employer, by retirement benefits, by offset against any amount claimed to be owed by the Executive to the Company or its successor organization, or otherwise.
Appears in 2 contracts
Sources: Change in Control Executive Retention Agreement (Viasys Healthcare Inc), Change in Control Executive Retention Agreement (Viasys Healthcare Inc)
Mitigation. The Executive shall not be required to mitigate the amount of any payment or benefits provided for in this Section 4 by seeking other employment or otherwise. Further, except as provided in Section 4.2(a)(ii4.2 (a)(ii), the amount of any payment or benefits provided for in this Section 4 shall not be reduced by any compensation earned by the Executive as a result of employment by another employer, by retirement benefits, by offset against any amount claimed to be owed by the Executive to the Company or otherwise.
Appears in 2 contracts
Sources: Executive Retention Agreement (Storagenetworks Inc), Executive Retention Agreement (Storagenetworks Inc)
Mitigation. The Executive shall not be required to mitigate the amount of any payment or benefits provided for in this Section 4 by seeking other employment or otherwise. Further, except as provided in Section 4.2(a)(ii)4.1(b)(i) and Section 4.5, the amount of any payment or benefits provided for in this Section 4 shall not be reduced by any compensation earned by the Executive as a result of employment by another employer, by retirement benefits, by offset against any amount claimed to be owed by the Executive to the Company or otherwise.
Appears in 2 contracts
Sources: Executive Retention Agreement (TransMedics Group, Inc.), Employment Agreement (TransMedics Group, Inc.)
Mitigation. The For the avoidance of doubt, the Executive shall not be required to mitigate the amount of any payment or benefits provided for in this Section 4 by seeking other employment or otherwise. Further, except as provided in subject to Section 4.2(a)(ii)8.1, the amount of any payment or benefits provided for in this Section 4 shall not be reduced by any compensation earned by the Executive as a result of employment by another employer, by retirement benefits, by offset against any amount claimed to be owed by the Executive to the Company or otherwise.. 4.5
Appears in 2 contracts
Sources: Executive Retention Agreement (Aspen Technology, Inc.), Executive Retention Agreement (Aspen Technology Inc /De/)
Mitigation. The Except as provided in Section 4.3(c) above, the Executive shall not be required to mitigate the amount of any payment or benefits provided for in this Section 4 by seeking other employment or otherwise. Further, except as provided in Sections 4.2(a)(ii) and (b)(ii) and in Section 4.2(a)(ii)8.9, the amount of any payment or benefits provided for in this Section 4 shall not be reduced by any compensation earned by the Executive as a result of employment by another employer, by retirement benefits, by offset against any amount claimed to be owed by the Executive to the Company or otherwise.
Appears in 2 contracts
Sources: Executive Retention Agreement (Vistaprint N.V.), Executive Retention Agreement (Vistaprint N.V.)
Mitigation. The Executive shall not be required to mitigate the amount of any payment or benefits provided for in this Section 4 by seeking other employment or otherwise. Further, except as provided in Section 4.2(a)(ii), the amount of any payment or benefits provided for in this Section 4 shall not be reduced by any compensation earned by the Executive as a result of employment by another employer, employer or by retirement benefits, by offset against any amount claimed to be owed by the Executive to the Company or otherwise.
Appears in 2 contracts
Sources: Change in Control Executive Retention Agreement (Viasys Healthcare Inc), Change in Control Executive Retention Agreement (Viasys Healthcare Inc)
Mitigation. The Executive shall not be required to mitigate the amount of any payment or benefits provided for in this Section 4 by seeking other employment or otherwise. Further, except as provided set forth in Section 4.2(a)(ii4.1(c), the amount of any payment or benefits provided for in this Section 4 shall not be reduced by any compensation earned by the Executive as a result of employment by another employer, by retirement benefits, by offset against any amount claimed to be owed by the Executive to the Company or otherwise.
Appears in 2 contracts
Sources: Executive Retention Agreement (Netezza Corp), Executive Retention Agreement (Netezza Corp)
Mitigation. The Executive shall not be required to mitigate the amount of any payment or benefits provided for in this Section 4 by seeking other employment or otherwise. Further; provided, except however, as provided in Section 4.2(a)(ii)4.2 above, the amount of any payment or benefits provided for in this Section 4 shall not may be reduced by any compensation earned by the Executive as a result of employment by another employer, by retirement benefits, by offset against any amount claimed to be owed by the Executive to the Company or otherwiseemployer as specifically set forth herein.
Appears in 1 contract
Sources: Executive Retention Agreement (Bio Imaging Technologies Inc)
Mitigation. The For the avoidance of doubt, the Executive shall not be required to mitigate the amount of any payment or benefits provided for in this Section 4 by seeking other employment or otherwise. Further, except as provided in Section 4.2(a)(ii), the amount of any payment or benefits provided for in this Section 4 shall not be reduced by any compensation earned by the Executive as a result of employment by another employer, by retirement benefits, by offset against any amount claimed to be owed by the Executive to the Company or otherwise.
Appears in 1 contract
Sources: Executive Retention Agreement (Aspen Technology Inc /De/)
Mitigation. The Executive shall not be required to mitigate the amount of any payment or benefits provided for in this Section 4 by seeking other employment or otherwise. Further, except as provided in Section 4.2(a)(ii), the amount of any payment or benefits provided for in this Section 4 shall not be reduced by any compensation earned by the Executive as a result of employment by another employer, by retirement benefits, by offset against any amount claimed to be owed by the Executive to the Company or otherwise.Section
Appears in 1 contract
Mitigation. The Executive shall not be required to mitigate the amount of any payment or benefits provided for in this Section 4 by seeking other employment or otherwise. Further, except as provided in Section 4.2(a)(ii4.1(a)(ii), the amount of any payment or benefits provided for in this Section 4 shall not be reduced by any compensation earned by the Executive as a result of employment by another employer, by retirement benefits, by offset off-set against any amount claimed to be owed by the Executive to the Company or otherwise.
Appears in 1 contract
Sources: Executive Change in Control Agreement (Infodata Systems Inc)
Mitigation. The Executive shall not be required to mitigate the amount of any payment or benefits provided for in this Section 4 by seeking other employment or otherwise. Further, except as provided in Section 4.2(a)(ii4.3(a), the amount of any payment or benefits provided for in this Section 4 shall not be reduced by any compensation earned by the Executive as a result of employment by another employer, by retirement benefits, by offset against any amount claimed to be owed by the Executive to the Company or otherwise.
Appears in 1 contract
Sources: Executive Retention Agreement (Arlington Tankers Ltd.)
Mitigation. The Executive shall not be required to mitigate the amount of any payment or benefits provided for in this Section 4 Sections 3.1 and 4.2.2 by seeking other employment or otherwise. Further, except as provided in Section 4.2(a)(iiSections 3.1(c) and 4.2.2(a)(ii), the amount of any payment or benefits provided for in this Section 4 Agreement shall not be reduced by any compensation earned by the Executive as a result of employment by another employer, by retirement benefits, by offset against any amount claimed to be owed by the Executive to the Company or otherwise.
Appears in 1 contract
Sources: Executive Severance and Retention Agreement (Bookham, Inc.)
Mitigation. The For the avoidance of doubt, the Executive shall not be required to mitigate the amount of any payment or benefits provided for in this Section 4 by seeking other employment or otherwise. Further, except as provided in Section 4.2(a)(ii), the amount of any payment or benefits provided for in this Section 4 shall not be reduced by any compensation earned by the Executive as a result of employment by another employer, by retirement benefits, by offset against any amount claimed to be owed by the Executive to the Company or otherwise.
Appears in 1 contract
Sources: Executive Retention Agreement (Aspen Technology Inc /De/)
Mitigation. The Executive shall not be required to mitigate the amount of any payment or benefits provided for in this Section 4 by seeking other employment or otherwise. Further, except as provided in Section 4.2(a)(ii), the amount of any payment or benefits provided for in this Section 4 shall not be reduced by any compensation earned by the Executive as a result of employment by another employer, by retirement benefits, by offset against any amount claimed to be owed by the Executive to the Company or otherwise.. < 9
Appears in 1 contract
Mitigation. The Except as provided in Section 4.3(c) above, the Executive shall is not be required to mitigate the amount of any payment or benefits provided for in this Section 4 by seeking other employment or otherwise. Further, except as provided in Section 4.2(a)(ii)4.2(b)(ii) and in Section 8.8, the amount of any payment or benefits provided for in this Section 4 shall will not be reduced by any compensation earned by the Executive as a result of employment by another employer, by retirement benefits, by offset against any amount claimed to be owed by the Executive to the Company or otherwise.
Appears in 1 contract
Mitigation. The Executive shall not be required to mitigate the amount of any payment or benefits ---------- provided for in this Section 4 by seeking other employment or otherwise. Further, except as provided in Section 4.2(a)(ii), the amount of any payment or benefits provided for in this Section 4 shall not be reduced by any compensation earned by the Executive as a result of employment by another employer, by retirement benefits, by offset against any amount claimed to be owed by the Executive to the Company or otherwise.
Appears in 1 contract
Mitigation. The Executive shall not be required to mitigate the amount of any payment or benefits provided for in this Section 4 by seeking other employment or otherwise. Further, except as provided in Section 4.2(a)(ii), the amount of any payment or benefits provided for in this Section 4 shall not be reduced by any compensation earned by the Executive as a result of employment by another employer, by retirement benefits, by offset against any amount claimed to be owed by the Executive to the Company or otherwise.
Appears in 1 contract
Sources: Executive Retention Agreement (Cornerstone Therapeutics Inc)
Mitigation. The Executive shall not be required to mitigate the amount of any payment or benefits provided for in this Section 4 by seeking other employment or otherwise. Further, except as provided in Section 4.2(a)(ii4.2(a)(ii)(II), the amount of any payment or benefits provided for in this Section 4 shall not be reduced by any compensation earned by the Executive as a result of employment by another employer, by retirement benefits, by offset against any amount claimed to be owed by the Executive to the Company or otherwise.
Appears in 1 contract
Mitigation. The Executive shall not be required to mitigate the amount of any payment or benefits provided for in this Section 4 by seeking other employment or otherwise. Further, except as provided in Section 4.2(a)(ii), the amount of any payment or benefits provided for in this Section 4 shall not be reduced by any compensation earned by the Executive as a result of employment by another employer, by retirement benefits, by offset against any amount claimed to be owed by the Executive to the Company or otherwise, except as provided in Section 4.1(a)(ii).
Appears in 1 contract
Mitigation. The Executive shall not be required to mitigate the amount of any payment or benefits benefit provided for in this Section 4 by seeking other employment or otherwise. Further, nor (except as specifically provided in Section 4.2(a)(ii), 4) shall the amount of any payment or benefits benefit provided for in this Section 4 shall not be reduced by any compensation earned by the Executive as a the result of employment by another employer, employer or by retirement benefitsbenefits after the Date of Termination, by offset against any amount claimed to be owed by the Executive to the Company or otherwise.
Appears in 1 contract
Sources: Change in Control Agreement (Trans World Airlines Inc /New/)