Mitigation. The Executive shall not be required to mitigate the amount of any payment provided for in this Agreement by seeking other employment or otherwise. None of the Company or any of its affiliates shall be entitled to set off against the amounts payable to the Executive under this Agreement any amounts owed to the Company or any of its affiliates by the Executive, any amounts earned by the Executive in other employment after his Termination Date, or any amounts which might have been earned by the Executive in other employment had he sought such other employment.
Appears in 34 contracts
Sources: Executive Employment Agreement (Ferrellgas Partners Finance Corp), Executive Employment Agreement (Ferrellgas L P), Employment Agreement (Ferrellgas Partners Finance Corp)
Mitigation. The Executive shall not be required to mitigate the amount of any payment provided for in this Agreement by seeking other employment engagement or otherwise. None of the The Company or any of its affiliates shall not be entitled to set off against the amounts payable to the Executive under this Agreement any amounts owed to the Company or any of its affiliates by the Executive, any amounts earned by the Executive in other employment engagement after his Termination Datethe Executive’s termination of engagement with the Company, or any amounts which might have been earned by the Executive in other employment engagement had he the Executive sought such other employmentengagement.
Appears in 17 contracts
Sources: Engagement Agreement (Gammon Gold Inc.), Engagement Agreement (Gammon Gold Inc.), Executive Employment Agreement (Capital Gold Corp)
Mitigation. The Executive shall not be required to mitigate the amount of any payment provided for in amounts payable under this Agreement by seeking other employment or otherwise. None of the Company or any of its affiliates , and there shall be entitled to set off no offset against the amounts payable to the due Executive under this Agreement any on account of subsequent employment. Additionally, amounts owed to Executive under this Agreement shall not be offset by any claims the Company or any of its affiliates by the may have against Executive, and the Company's obligation to make the payments provided for in this Agreement and otherwise to perform its obligations hereunder shall not be affected by any amounts earned by other circumstances, including, without limitation, any counterclaim, recoupment, defense or other right which the Company may have against Executive in other employment after his Termination Date, or any amounts which might have been earned by the Executive in other employment had he sought such other employmentothers.
Appears in 17 contracts
Sources: Employment Agreement (Price Legacy Corp), Employment Agreement (Price Legacy Corp), Employment Agreement (Price Legacy Corp)
Mitigation. The Executive shall not be required to mitigate the amount of any payment provided for in this Agreement by seeking other employment or otherwise. None of the Company or any of its affiliates shall be entitled to set off against the amounts payable to the Executive under this Agreement any amounts owed to the Company or any of its affiliates by the Executive, any amounts earned by the Executive in other employment after his the Termination Date, or any amounts which might have been earned by the Executive in other employment had he sought such other employment.
Appears in 14 contracts
Sources: Retention Agreement (Castle a M & Co), Change in Control Agreement (Castle a M & Co), Severance Agreement (Castle a M & Co)
Mitigation. The Except as expressly provided for in this Agreement, the Executive shall not be required to mitigate the amount of any payment provided for in this Agreement by seeking other employment or otherwise. None of otherwise and the Company or any of its affiliates shall payments to be entitled to set off against the amounts payable made to the Executive under this Agreement Sections 9 or 10 shall not be offset reduced in any amounts owed to respect in the event that the Executive shall not pursue alternative employment following the termination of the Executive’s employment with the Company or any of its affiliates by the Executive, amount of any amounts earned by compensation or other benefits provided to the Executive in other employment after his Termination Date, or any amounts which might have been earned by the Executive in other employment had he sought such other subsequent employment.
Appears in 12 contracts
Sources: Executive Employment Agreement (City Office REIT, Inc.), Executive Employment Agreement (City Office REIT, Inc.), Executive Employment Agreement (City Office REIT, Inc.)
Mitigation. The Executive shall not be required to mitigate the amount of any payment provided for in under this Agreement by seeking other employment or otherwise. None otherwise nor will any payments provided for herein be subject to offset in respect of any claims which the Company may have against Executive and, except as specifically provided herein, the amount of any payment or benefit provided for in this Agreement shall not be reduced by any compensation earned or benefits received by Executive as the result of its affiliates shall employment by a future employer, by offset against any amount claimed to be entitled to set off against the amounts payable owed by him to the Executive under this Agreement any amounts owed to the Company or any of its affiliates by the Executive, any amounts earned by the Executive in other employment after his Termination DateCompany, or any amounts which might have been earned by the Executive in other employment had he sought such other employmentotherwise.
Appears in 11 contracts
Sources: Employment Agreement (Werner Holding Co Inc /Pa/), Employment Agreement (Werner Holding Co Inc /De/), Employment Agreement (Werner Holding Co Inc /De/)
Mitigation. The Executive shall not be required to mitigate the amount of any payment provided for in this Agreement by seeking other employment or otherwise. None otherwise nor shall the amount of the Company any payment or any of its affiliates shall be entitled to set off against the amounts payable to the Executive under benefit provided for in this Agreement be reduced as the result of employment by another employer or self-employment or offset against any amounts amount claimed to be owed by Executive to the Company or otherwise, except that Executive shall waive, in a manner acceptable to the Company in its reasonable judgment, all rights to receive any of its affiliates by the Executive, severance payments or benefits that Executive is entitled to receive pursuant to any amounts earned by the Executive in other employment after his Termination Date, Company severance plan or any amounts which might have been earned by the Executive in other employment had he sought such other employmentprogram.
Appears in 9 contracts
Sources: Employment Agreement (Penn Virginia Resource Partners L P), Employment Agreement (Penn Virginia Resource Partners L P), Employment Agreement (Penn Virginia Resource Partners L P)
Mitigation. The Executive shall not be required to mitigate the amount of any payment provided for in this Agreement by seeking other employment or otherwise. None of Except as set forth in paragraph 3(a) with respect to benefits, the Company or any of its affiliates shall not be entitled to set off against the amounts payable to the Executive under this Agreement any amounts owed to the Company or any of its affiliates by the Executive, any amounts earned by the Executive in other employment after his Termination Datethe Executive’s termination of employment with the Company, or any amounts which might have been earned by the Executive in other employment had he the Executive sought such other employment.
Appears in 6 contracts
Sources: Change in Control Agreement (Hospira Inc), Change in Control Agreement (Hospira Inc), Change in Control Agreement (Hospira Inc)
Mitigation. The Executive shall not be required to mitigate the amount of any payment provided for in this Agreement by seeking other employment or otherwise. None of Except as set forth in paragraph 3(a) with respect to benefits, the Company or any of its affiliates shall not be entitled to set off against the amounts payable to the Executive under this Agreement any amounts owed to the Company or any of its affiliates by the Executive, any amounts earned by the Executive in other employment after his Termination Datethe Executive's termination of employment with the Company, or any amounts which might have been earned by the Executive in other employment had he the Executive sought such other employment.
Appears in 6 contracts
Sources: Change in Control Agreement (Hospira Inc), Change in Control Agreement (Hospira Inc), Agreement Regarding Change in Control (Abbott Laboratories)
Mitigation. The Executive shall not be required have no duty to mitigate the amount of any payment provided for in this Agreement by seeking other employment or otherwise. None , nor shall the amount of the Company or any of its affiliates shall be entitled to set off against the amounts payable to the Executive under payment provided for in this Agreement be reduced by any amounts owed to the Company or any of its affiliates by the Executive, any amounts compensation earned by the Executive in other as the result of employment by another employer after his Termination Datethe date of termination of the Employee's employment with the Corporation, or any amounts which might have been earned by the Executive in other employment had he sought such other employmentotherwise.
Appears in 6 contracts
Sources: Employment Agreement (Learning Co Inc), Employment Agreement (Learning Co Inc), Employment Agreement (Learning Co Inc)
Mitigation. The Executive shall not be required to mitigate the amount of any payment provided for in pursuant to this Agreement by seeking other employment or otherwise. None of the Company or any of its affiliates employment, and there shall be entitled to set off no offset against the amounts payable any amount or benefit due to the Executive under this Agreement Agreement, or otherwise, on account of any amounts owed to the Company remuneration or any of its affiliates by the Executive, any amounts other benefit earned or received by the Executive in other after termination of his employment after his Termination Date, or any amounts which might have been earned by the Executive in other employment had he sought such other employmenthereunder.
Appears in 4 contracts
Sources: Employment Agreement (Pxre Group LTD), Employment Agreement (Pxre Group LTD), Employment Agreement (Pxre Group LTD)
Mitigation. The Executive shall not be required to mitigate the amount of any payment provided for in this Agreement by seeking other employment or otherwise. None , nor shall the amount of the Company or any of its affiliates shall be entitled to set off against the amounts payable to the Executive under payment provided for in this Agreement be reduced by any amounts owed to the Company or any of its affiliates by the Executive, any amounts compensation earned by the Executive in other as the result of employment by another employer after his Termination Datethe date of termination of Executive’s employment with the Company, or any amounts which might have been earned by the Executive in other employment had he sought such other employmentotherwise.
Appears in 4 contracts
Sources: Senior Executive Employment Agreement (Carreker Corp), Senior Executive Employment Agreement (Carreker Corp), Employment Agreement (Carreker Corp)
Mitigation. The Executive shall not be required to mitigate the amount of any payment provided for in this Agreement by seeking other employment or otherwise. None of Except as set forth in Section 3(a) with respect to benefits, the Company or any of its affiliates shall not be entitled to set off against the amounts payable to the Executive under this Agreement any amounts owed to the Company or any of its affiliates by the Executive, any amounts earned by the Executive in other employment after his Termination Datethe Executive’s termination of employment with the Company, or any amounts which might have been earned by the Executive in other employment had he the Executive sought such other employment.
Appears in 4 contracts
Sources: Change in Control Agreement (AbbVie Inc.), Change in Control Agreement (Abbott Laboratories), Change in Control Agreement (AbbVie Inc.)
Mitigation. The Executive shall not be required to mitigate the amount of any payment or benefit provided for in this Agreement by seeking other employment or otherwise. None of the Company or any of its affiliates otherwise and there shall be entitled to set off no offset against the amounts payable to due the Executive under this Agreement on account of any amounts owed remuneration attributable to the Company or any of its affiliates by the Executive, any amounts earned by subsequent employment that the Executive in other employment after his Termination Date, or any amounts which might have been earned by the Executive in other employment had he sought such other employmentmay obtain.
Appears in 4 contracts
Sources: Employment Agreement (Atlas Resource Partners, L.P.), Employment Agreement (Atlas Resource Partners, L.P.), Employment Agreement (Titan Energy, LLC)
Mitigation. The Executive shall not be required to mitigate the amount of any payment provided for in this Agreement by seeking other employment or otherwise. None of the Company or any of its affiliates The Bank shall not be entitled to set off against the amounts payable to the Executive under this Agreement any amounts owed to with the Company or any of its affiliates by the Executive, Bank any amounts earned by the Executive in other employment after termination of his Termination Dateemployment with the Bank, or any amounts which might have been earned by the Executive Employee in other employment had he sought such other employment.
Appears in 3 contracts
Sources: Employment Agreement (United Security Bancshares), Employment Agreement (United Security Bancshares), Employment Agreement (United Security Bancshares)
Mitigation. The Executive shall not be required have no duty to mitigate the amount of any payment provided for in this Agreement by seeking other employment or otherwise. None , nor shall the amount of the Company or any of its affiliates shall be entitled to set off against the amounts payable to the Executive under payment provided for in this Agreement be reduced by any amounts owed to the Company or any of its affiliates by the Executive, any amounts compensation earned by the Executive in other as the result of employment by another employer after his Termination Datethe date of termination of the Executive's employment with the Corporation, or any amounts which might have been earned by the Executive in other employment had he sought such other employmentotherwise.
Appears in 2 contracts
Sources: Employment Agreement (Learning Co Inc), Employment Agreement (Learning Co Inc)
Mitigation. The Executive shall not be required to mitigate the amount of any payment provided for in this Agreement by seeking other employment or otherwise. None of the The Company or any of its affiliates shall not be entitled to set off against the amounts payable to the Executive under this Agreement any amounts owed to the Company or any of its affiliates by the Executive, any amounts earned by the Executive in other employment after his Termination Datethe Executive's termination of employment with the Company, or any amounts which might have been earned by the Executive in other employment had he the Executive sought such other employment or, except as set forth in paragraph 3(a), reduce or eliminate any benefits by reason of such employment.
Appears in 2 contracts
Sources: Executive Severance Benefits and Change in Control Agreement (Brunswick Corp), Executive Severance Benefits and Change in Control Agreement (Brunswick Corp)
Mitigation. The Executive shall not be required have no obligation to mitigate the amount of any payment provided for in this Agreement by seeking other employment or otherwise. None of , unless the Company or any in its sole discretion determines that Executive's choice of its affiliates new employer following a Covered Termination is detrimental to the Company. Executive shall not be entitled to set off against the amounts payable to the Executive under this Agreement any amounts owed to the Company payment hereunder if Executive's employment ceases as a result of Executive's death or any of its affiliates by the Executive, any amounts earned by the Executive in other employment after his Termination Date, or any amounts which might have been earned by the Executive in other employment had he sought such other employmentpermanent disability.
Appears in 2 contracts
Sources: Employment Agreement (Merisel Inc /De/), Employment Agreement (Merisel Inc /De/)
Mitigation. The Executive shall not be required to mitigate the amount of any payment provided for in this Agreement by seeking other employment or otherwise. None of the Company or any of its affiliates Employer shall not be entitled to set off against the amounts payable to the Executive under this Agreement any amounts owed to the Company or any of its affiliates by the Executive, any amounts earned by the Executive in other employment after termination of his Termination Dateemployment with Employer, or any amounts which might have been earned by the Executive in other employment had he sought such other employment.
Appears in 1 contract
Sources: Transition Agreement (Diligent Board Member Services, Inc.)
Mitigation. The Executive shall not be required to mitigate the amount of any payment provided for in this Agreement by seeking other employment or otherwise. None of the Company or any of its affiliates The Bank shall not be entitled to set off against the amounts payable to the Executive under this Agreement any amounts owed to with the Company or any of its affiliates by the Executive, Bank any amounts earned by the Executive in other employment after his Termination Datetermination of her employment with the Bank, or any amounts which might have been earned by the Executive Employee in other employment had he sought such other employment.
Appears in 1 contract
Mitigation. The Executive shall not be required to mitigate the amount of any payment provided for in under this Agreement by seeking other employment or otherwise. None otherwise nor will any payments provided for herein be subject to offset in respect of any claims which the Company may have against Executive and, except as specifically provided herein, the amount of any payment or benefit provided for in this Agreement shall not be reduced by any compensation earned or benefits received by Executive as the result of its affiliates shall employment by another employer, by offset against any amount claimed to be entitled to set off against the amounts payable owed by him to the Executive under this Agreement any amounts owed to the Company or any of its affiliates by the Executive, any amounts earned by the Executive in other employment after his Termination DateCompany, or any amounts which might have been earned by the Executive in other employment had he sought such other employmentotherwise.
Appears in 1 contract
Mitigation. The Executive shall not be required have no duty to mitigate the amount of any payment provided for in this Agreement by seeking other employment or otherwise. None , nor shall the amount of any payment provided for in this Agreement be reduced by any compensation earned by Executive as the result of employment by another employer after the date of termination of the Company or any of its affiliates shall be entitled to set off against Executive's employment with the amounts payable to the Executive under this Agreement any amounts owed to the Company or any of its affiliates by the Executive, any amounts earned by the Executive in other employment after his Termination DateCorporation, or any amounts which might have been earned by the Executive in other employment had he sought such other employmentotherwise.
Appears in 1 contract