Common use of No Mitigation Clause in Contracts

No Mitigation. Except as otherwise provided in Section 4(b)(iii) above, Executive shall not be required to mitigate the amount of any payment provided for in this Section 4 by seeking other employment or otherwise, nor shall the amount of any payment or benefit provided for in this Section 4 be reduced by any compensation earned by Executive as the result of employment by another employer or self-employment or by retirement benefits; provided, however, that loans, advances or other amounts owed by Executive to the Company may be offset by the Company against amounts payable to Executive under this Section 4.

Appears in 24 contracts

Sources: Employment Agreement (Bionomics Limited/Fi), Employment Agreement (Crinetics Pharmaceuticals, Inc.), Employment Agreement (Oncternal Therapeutics, Inc.)

No Mitigation. Except as otherwise provided in Section 4(b)(iii) above, The Executive shall not be required to mitigate the amount of any payment provided for in this Section 4 by seeking other employment or otherwise, nor shall the amount of any payment or benefit provided for in this Section 4 be reduced by any compensation earned by the Executive as the result of employment by another employer or self-employment or by retirement benefits; provided, however, that loans, advances (other than salary advances) or other amounts owed by the Executive to the Company under a written agreement may be offset by the Company against amounts payable to Executive under this Section 4.

Appears in 14 contracts

Sources: Employment Agreement (American Assets Trust, L.P.), Employment Agreement (American Assets Trust, L.P.), Employment Agreement (American Assets Trust, Inc.)

No Mitigation. Except as otherwise provided in Section 4(b)(iii4(b)(iv) above, Executive shall not be required to mitigate the amount of any payment provided for in this Section 4 by seeking other employment or otherwise, nor shall the amount of any payment or benefit provided for in this Section 4 be reduced by any compensation earned by Executive as the result of employment by another employer or self-employment or by retirement benefits; provided, however, that loans, advances or other amounts owed by Executive to the Company may be offset by the Company against amounts payable to Executive under this Section 4.

Appears in 14 contracts

Sources: Employment Agreement (Zentalis Pharmaceuticals, Inc.), Employment Agreement (Zentalis Pharmaceuticals, Inc.), Employment Agreement (Zentalis Pharmaceuticals, Inc.)

No Mitigation. Except as otherwise provided in Section 4(b)(iii) or 4(c)(iii) above, Executive shall not be required to mitigate the amount of any payment provided for in this Section 4 by seeking other employment or otherwise, nor shall the amount of any payment or benefit provided for in this Section 4 be reduced by any compensation earned by Executive as the result of employment by another employer or self-employment or by retirement benefits; provided, however, that loans, advances or other amounts owed by Executive to the Company may be offset by the Company against amounts payable to Executive under this Section 4.

Appears in 12 contracts

Sources: Employment Agreement (Zogenix, Inc.), Employment Agreement (Zogenix, Inc.), Employment Agreement (Zogenix, Inc.)

No Mitigation. Except as otherwise provided in Section 4(b)(iiiSections 4(c)(ii) and 4(d)(ii) above, Executive shall not be required to mitigate the amount of any payment provided for in this Section 4 by seeking other employment or otherwise, nor shall the amount of any payment or benefit provided for in this Section 4 be reduced by any compensation earned by Executive as the result of employment by another employer or self-employment or by retirement benefits; provided, however, that loans, advances or other amounts owed by Executive to the Company may be offset by the Company against amounts payable to Executive under this Section 4.

Appears in 7 contracts

Sources: Employment Agreement (eFFECTOR Therapeutics, Inc.), Employment Agreement (eFFECTOR Therapeutics, Inc.), Employment Agreement (Locust Walk Acquisition Corp.)

No Mitigation. Except as otherwise provided in Section 4(b)(iii) above, The Executive shall not be required to mitigate the amount of any payment payments or benefits provided for in this Section 4 4f. hereof by seeking other employment or otherwise, nor shall the amount of any payment or benefit provided for in this Section 4 be reduced by any compensation otherwise and no amounts earned by the Executive as shall be used to reduce or offset the result of employment by another employer or self-employment or by retirement benefits; provided, however, that loans, advances or other amounts owed by Executive to the Company may be offset by the Company against amounts payable to Executive under this hereunder, except as otherwise provided in Section 44f.

Appears in 7 contracts

Sources: Employment Agreement (Niagara Mohawk Power Corp /Ny/), Employment Agreement (Niagara Mohawk Power Corp /Ny/), Employment Agreement (Niagara Mohawk Power Corp /Ny/)

No Mitigation. Except as otherwise provided in Section 4(b)(iii4(b)(iv) above, Executive shall not be required to mitigate the amount of any payment provided for in this Section 4 by seeking other employment or otherwise, nor shall the amount of any payment or benefit provided for in this Section 4 be reduced by any compensation earned by Executive as the result of employment by another employer or self-employment or by retirement benefits; provided, however, that loans, advances or other amounts owed by Executive to the Company may be offset by the Company against amounts payable to Executive under this Section 4.. (g)

Appears in 5 contracts

Sources: Employment Agreement (Zentalis Pharmaceuticals, Inc.), Employment Agreement (Zentalis Pharmaceuticals, Inc.), Employment Agreement (Zentalis Pharmaceuticals, Inc.)

No Mitigation. Except as otherwise provided in Section 4(b)(iii) above, Executive shall not be required to mitigate the amount of any payment provided for in this Section 4 by seeking other employment or otherwise, nor shall the amount of any payment or benefit provided for in this Section 4 be reduced by any compensation earned by Executive as the result of employment by another employer or self-employment or by retirement benefits; provided, however, that loans, advances or other amounts owed by Executive to the Company may be offset by the Company against amounts payable to Executive under this Section 4.

Appears in 3 contracts

Sources: Employment Agreement (Plus Therapeutics, Inc.), Employment Agreement (Plus Therapeutics, Inc.), Employment Agreement (Plus Therapeutics, Inc.)

No Mitigation. Except as otherwise provided in Section 4(b)(iii) above, The Executive shall not be required to mitigate the amount of any payment provided for in this Section 4 by seeking other employment or otherwise, nor shall the amount of any payment or benefit provided for in this Section 4 be reduced by any compensation earned by the Executive earns as the result of employment by another employer or self-employment or by retirement benefits; provided, however, that loans, advances or other amounts owed by Executive to benefits received after the Company may be offset by the Company against amounts payable to Executive under Termination Date or otherwise, except as specifically provided in this Section 4. The Company's obligation to make payments provided for in this Agreement and otherwise to perform its obligations hereunder shall not be affected by any set-off, counterclaim, recoupment, defense, or other claim, right, or action that the Company or Employer may have against the Executive or other parties.

Appears in 3 contracts

Sources: Change of Control Agreement (Metrocall Inc), Change of Control Agreement (Metrocall Inc), Change of Control Agreement (Metrocall Inc)

No Mitigation. Except as otherwise provided in Section 4(b)(iii) above, Executive shall not be required to mitigate the amount of any payment provided for in this Section 4 by seeking other employment or otherwise, nor shall the . The amount of any payment or benefit provided for in this Section 4 shall not be reduced by any compensation earned by Executive as the a result of any employment by another employer or self-employment or by retirement benefits; provided, however, that loans, advances or other amounts owed by Executive to the Company may be offset by the Company against amounts payable to Executive under this Section 4employer.

Appears in 3 contracts

Sources: Change in Control Severance Agreement (Apogee Enterprises, Inc.), Change in Control Severance Agreement (Uranerz Energy Corp.), Change in Control Severance Agreement (Apogee Enterprises Inc)

No Mitigation. Except as otherwise provided in Section 4(b)(iii) above, Executive shall not be required to mitigate the amount of any payment provided for in this Section 4 by seeking other employment or otherwise, nor shall the amount of any payment or benefit provided for in this Section 4 be reduced by any compensation earned by Executive as the result of employment by another employer or self-self- employment or by retirement benefits; provided, however, that loans, advances or other amounts owed by Executive to the Company may be offset by the Company against amounts payable to Executive under this Section 4.

Appears in 2 contracts

Sources: Employment Agreement (Plus Therapeutics, Inc.), Employment Agreement (Plus Therapeutics, Inc.)

No Mitigation. Except as otherwise provided in Section 4(b)(iii) above, Executive shall not be required to mitigate the amount of any payment provided for in this Section 4 by seeking other employment or otherwise, nor shall the amount of any payment or benefit provided for in this Section 4 be reduced by any compensation earned by Executive as the result of employment by another employer or self-employment or by retirement benefits; provided, however, that loans, advances or other amounts owed by Executive to the Company Group or its affiliates may be offset by the Company Group or its affiliates against amounts payable to Executive under this Section 4.

Appears in 2 contracts

Sources: Employment Agreement (Connect Biopharma Holdings LTD), Employment Agreement (Connect Biopharma Holdings LTD)

No Mitigation. Except as otherwise provided in Section 4(b)(iiiSections 4(b)(v) or 4(c)(v) above, Executive shall not be required to mitigate the amount of any payment provided for in this Section 4 by seeking other employment or otherwise, nor shall the amount of any payment or benefit provided for in this Section 4 be reduced by any compensation earned by Executive as the result of employment by another employer or self-employment or by retirement benefits; provided, however, that loans, advances or other amounts owed by Executive to the Company may be offset by the Company against amounts payable to Executive under this Section 4.

Appears in 2 contracts

Sources: Employment Agreement (Zentalis Pharmaceuticals, Inc.), Employment Agreement (Zentalis Pharmaceuticals, Inc.)

No Mitigation. Except as otherwise provided in Section 4(b)(iii) above, Executive shall not be required to mitigate the amount of any payment provided for in this Section 4 by seeking other employment or otherwise, nor shall the amount of any payment or benefit provided for in this Section 4 be reduced by any compensation earned by the Executive as the result of employment by another employer or employer, self-employment or by retirement benefits; provided, however, that loans, advances or other amounts owed by the Executive to the Company may be offset by the Company against cash amounts payable to the Executive under this Section 4 at the time such cash amounts are payable to the Executive under this Section 4.

Appears in 2 contracts

Sources: Employment Agreement (Allison Transmission Holdings Inc), Employment Agreement (Allison Transmission Holdings Inc)

No Mitigation. Except as otherwise provided in Section 4(b)(iii5(b)(iii) above, Executive shall not be required to mitigate the amount of any payment provided for in this Section 4 5 by seeking other employment or otherwise, nor shall the amount of any payment or benefit provided for in this Section 4 5 be reduced by any compensation earned by Executive as the result of employment by another employer or self-employment or by retirement benefits; provided, however, that loans, advances or other amounts owed by Executive to the Company may be offset by the Company against amounts payable to Executive under this Section 45.

Appears in 2 contracts

Sources: Employment Agreement, Employment Agreement (Biocept Inc)

No Mitigation. Except as otherwise provided in Section 4(b)(iii) above, Executive shall not be required to mitigate the amount of any payment provided for in this Section 4 by seeking other employment or otherwise, nor shall the amount of any payment or benefit provided for in this Section 4 to be reduced by any compensation earned by the Executive as the result of employment by another employer or employer, self-employment or by retirement benefits; provided, however, that loans, advances or other amounts owed by the Executive to the Company may be offset by the Company against cash amounts payable to the Executive under this Section 4 at the time such cash amounts are payable to the Executive under this Section 4.

Appears in 2 contracts

Sources: Employment Agreement (Allison Transmission Holdings Inc), Employment Agreement (Allison Transmission Holdings Inc)

No Mitigation. Except as otherwise provided in Section 4(b)(iii) above, Executive shall not be required to mitigate the amount of any payment provided for in this Section 4 by seeking other employment or otherwise, nor shall the amount of any payment or benefit US-DOCS\109442666.4 provided for in this Section 4 be reduced by any compensation earned by Executive as the result of employment by another employer or self-employment or by retirement benefits; provided, however, that loans, advances or other amounts owed by Executive to the Company may be offset by the Company against amounts payable to Executive under this Section 4.

Appears in 1 contract

Sources: Employment Agreement (Oncternal Therapeutics, Inc.)

No Mitigation. Except as otherwise provided in Section 4(b)(iii) above, Executive shall not be required to mitigate the amount of any payment provided for in this Section 4 by seeking other employment or otherwise, nor nor, except as expressly set forth in subsection 4(e), shall the amount of any payment or benefit provided for in this Section 4 be reduced by any compensation earned by Executive as the result of employment by another employer after the Date of Termination, or self-employment or by retirement benefits; provided, however, that loans, advances or other amounts owed by Executive to the Company may be offset by the Company against amounts payable to Executive under this Section 4otherwise.

Appears in 1 contract

Sources: Change in Control Executive Severance Agreement (Yankee Energy System Inc)

No Mitigation. Except as otherwise provided in Section 4(b)(iii4(b)(iv) above, Executive shall not be required to mitigate the amount of any payment provided for in this Section 4 by seeking other employment or otherwise, nor shall the amount of any payment or benefit provided for in this Section 4 be reduced by any compensation earned by Executive as the result of employment by another employer or self-employment or by retirement benefits; provided, however, that loans, advances or other amounts owed by Executive to the Company may be offset by the Company against amounts payable to Executive under this Section 4.earned

Appears in 1 contract

Sources: Employment Agreement (Zentalis Pharmaceuticals, Inc.)

No Mitigation. Except as otherwise provided in Section 4(b)(iii4(b)(iv) above, Executive shall not be required to mitigate the amount of any payment provided for in this Section 4 by seeking other employment or otherwise, nor shall the amount of any payment or benefit provided for in this Section 4 be reduced by any compensation earned by Executive as the result of employment by another employer or self-employment or by retirement benefits; provided, however, that loans, advances or other amounts owed by Executive to the Company Group or its affiliates may be offset by the Company Group or its affiliates against amounts payable to Executive under this Section 4.

Appears in 1 contract

Sources: Employment Agreement (Connect Biopharma Holdings LTD)

No Mitigation. Except as otherwise provided in Section 4(b)(iii) above, Executive shall not be required to mitigate the amount of any payment provided for in this Section 4 by seeking other employment or otherwise, nor shall the amount of ------------- any payment or benefit provided for in this under Section 4 4.2 hereof by seeking other employment. Any such payment or benefit shall be reduced by any compensation earned by earnings or benefits that Executive as the result of employment by another employer or self-employment or by retirement benefits; provided, however, that loans, advances or may receive from any other amounts owed by Executive to the Company may be offset by the Company against amounts payable to Executive under this Section 4employment.

Appears in 1 contract

Sources: Employment Agreement (Sport Chalet Inc)