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

No Set-off or Mitigation. 8.1 No Set-off by Company. The Executive's right to receive when due the payments and other benefits provided for under this Agreement is absolute, unconditional and subject to no set-off, counterclaim or legal or equitable defense. Any claim which the Company may have against the Executive, whether for a breach of this Agreement or otherwise, shall be brought in a separate action or proceeding and not as part of any action or proceeding brought by the Executive to enforce any rights against the Company under this Agreement.

Appears in 21 contracts

Sources: Change in Control Agreement (Nicor Inc), Change in Control Agreement (Nicor Inc), Employment Continuity Agreement (Lendingtree Inc)

No Set-off or Mitigation. 8.1 7.1 No Set-off by Company. The Executive's right to receive when due the payments and other benefits provided for under this Agreement is absolute, unconditional and not subject to no set-off, counterclaim or legal or equitable defense. Time is of the essence in the performance by the Company of its obligations under this Agreement. Any claim which the Company may have against the Executive, whether for a breach of this Agreement or otherwise, shall be brought in a separate action or proceeding and not as part of any action or proceeding brought by the Executive to enforce any rights against the Company under this Agreement.

Appears in 5 contracts

Sources: Change of Control Employment Agreement (Russell Corp), Change of Control Employment Agreement (Russell Corp), Change of Control Employment Agreement (Russell Corp)

No Set-off or Mitigation. 8.1 9.1 No Set-off by Company. The Executive's right to receive when due the payments and other benefits provided for under this Agreement is absolute, unconditional and subject to no set-off, counterclaim or legal or equitable defense. Time is of the essence in the performance by the Company of its obligations under this Agreement. Any claim which the Company may have against the Executive, whether for a breach of this Agreement or otherwise, shall be brought in a separate action or proceeding and not as part of any action or proceeding brought by the Executive to enforce any rights against the Company under this Agreement.

Appears in 2 contracts

Sources: Change of Control Agreement (Fingerhut Companies Inc), Change of Control Severance Agreement (Fingerhut Companies Inc)

No Set-off or Mitigation. 8.1 No Set-off by Company. The Executive's right to receive when due the payments and other benefits provided for under this Agreement is absolute, unconditional and subject to no set-offsetoff, counterclaim or legal or equitable defense. Time is of the essence in the performance by the Company of its obligations under this Agreement. Any claim which the Company may have against the Executive, whether for a breach of this Agreement or otherwise, shall be brought in a separate action or proceeding and not as part of any action or proceeding brought by the Executive to enforce any rights against the Company under this Agreement.

Appears in 1 contract

Sources: Change in Control Employment Agreement (Commonwealth Edison Co)

No Set-off or Mitigation. 8.1 No Set6.1 NO SET-off by CompanyOFF BY COMPANY. The Executive's right to receive when due the payments and other benefits provided for under and in accordance with the terms of this Agreement is absolute, unconditional and not subject to no set-off, counterclaim or legal or equitable defense. Any claim which the Company may have against the Executive, whether for a breach of this Agreement or otherwise, shall be brought in a separate action or proceeding and not as part of any action or proceeding brought by the Executive to enforce any rights against the Company under this Agreement.

Appears in 1 contract

Sources: Employment Agreement (Solo Texas, LLC)

No Set-off or Mitigation. 8.1 7.1 No Set-off by Company. The Executive's right to receive when due the --------------------- payments and other benefits provided for under this Agreement is absolute, unconditional and not subject to no set-off, counterclaim or legal or equitable defense. Time is of the essence in the performance by the Company of its obligations under this Agreement. Any claim which the Company may have against the Executive, whether for a breach of this Agreement or otherwise, shall be brought in a separate action or proceeding and not as part of any action or proceeding brought by the Executive to enforce any rights against the Company under this Agreement.

Appears in 1 contract

Sources: Change of Control Employment Agreement (McDonalds Corp)

No Set-off or Mitigation. 8.1 No Set-off by Company. The Executive's right to receive when due the payments and other benefits provided for under and in accordance with the terms of this Agreement is absolute, unconditional and subject to no set-off, counterclaim or legal or equitable defense. Any claim which the Company may have against the Executive, whether for a breach of this Agreement or otherwise, shall be brought in a separate action or proceeding and not as part of any action or proceeding brought by the Executive to enforce any rights against the Company under this Agreement.

Appears in 1 contract

Sources: Employment Agreement (Barneys New York Inc)

No Set-off or Mitigation. 8.1 No 1No Set-off by Company. The Except as otherwise expressly provided in Section 8.6, Executive's ’s right to receive when due the payments and other benefits provided for under this Agreement is absolute, unconditional and subject to no set-offsetoff, counterclaim or legal or equitable defense. Time is of the essence in the performance by the Company of its obligations under this Agreement. Any claim which the Company may have against the Executive, whether for a breach of this Agreement or otherwise, shall be brought in a separate action or proceeding and not as part of any action or proceeding brought by the Executive to enforce any rights against the Company under this Agreement.

Appears in 1 contract

Sources: Change of Control Employment Agreement (Principal Financial Group Inc)

No Set-off or Mitigation. 8.1 7.1 No Set-off by Company. The Executive's right to receive when due the payments and other benefits provided for under this Agreement is absolute, unconditional and subject to no set-offsetoff, counterclaim or legal or equitable defense. Time is of the essence in the performance by the Company of its obligations under this Agreement. Any claim which the Company may have against the Executive, whether for a breach of this Agreement or otherwise, shall be brought in a separate action or proceeding and not as part of any action or proceeding brought by the Executive to enforce any rights against the Company under this Agreement.

Appears in 1 contract

Sources: Change of Control Employment Agreement (Principal Financial Group Inc)

No Set-off or Mitigation. 8.1 No Set-off by Company. The Executive's right to receive when due the payments and other benefits provided for under this Agreement is absolute, unconditional and subject to no set-off, counterclaim or legal or equitable defense. Time is of the essence in the performance by the Company of its obligations under this Agreement. Any claim which the Company may have against the Executive, whether for a breach of this Agreement or otherwise, shall be brought in a separate action or proceeding and not as part of any action or proceeding brought by the Executive to enforce any rights against the Company under this Agreement.

Appears in 1 contract

Sources: Change of Control Severance Agreement (Fingerhut Companies Inc)

No Set-off or Mitigation. 8.1 7.1 No Set-off by Company. The Executive's ’s right to receive when due the payments and other benefits provided for under this Agreement is absolute, unconditional and not subject to no set-off, counterclaim or legal or equitable defense. Time is of the essence in the performance by the Company of its obligations under this Agreement. Any claim which the Company may have against the Executive, whether for a breach of this Agreement or otherwise, shall be brought in a separate action or proceeding and not as part of any action or proceeding brought by the Executive to enforce any rights against the Company under this Agreement.

Appears in 1 contract

Sources: Change of Control Employment Agreement (Russell Corp)