Common use of No Mitigation or Set-Off Clause in Contracts

No Mitigation or Set-Off. In no event shall the Executive be obligated to seek other employment or take any other action by way of mitigation of the amounts payable to the Executive under any of the provisions of this Agreement and such amounts shall not be reduced, regardless of whether the Executive obtains other employment. During the pendency of any claim between the Company and Executive, the Company’s obligation to make the payments provided for in this Agreement and otherwise to perform its obligations hereunder with respect to any set-off, counterclaim, recoupment, defense or other right which the Company may have against the Executive or others, may be determined on an interlocutory basis by a competent court or arbitration tribunal.