Common use of Set Off; No Mitigation Clause in Contracts

Set Off; No Mitigation. The Company’s obligation to pay or provide Executive payments and benefits in accordance with Sections 3, 4, and 5 hereof shall be subject to set-off, or recoupment of amounts owed by Executive to the Company, its subsidiaries or its direct parent entities. Executive shall not be required to mitigate the amount of any payment provided for pursuant to this Agreement by seeking other employment, and such payments shall not be reduced by any compensation or benefits received from any subsequent employer, self-employment or other endeavor.

Set Off; No Mitigation. The Company’s obligation to pay or provide the Executive payments the amounts provided and benefits in accordance with Sections 3, 4, and 5 hereof shall to make the arrangements provided hereunder will be subject to set-off, counterclaim, or recoupment of amounts owed by the Executive to the CompanyCompany or any of its Affiliates. In no event will 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, its subsidiaries or its direct parent entities. Executive shall not be required to mitigate nor will the amount of any payment provided for pursuant to this Agreement by seeking other employment, and such payments shall not hereunder be reduced by any compensation or benefits received from any earned by the Executive as a result of employment by a subsequent employer, self-employment or other endeavorexcept as provided in Section 4 hereof.

Set Off; No Mitigation. The Company’s obligation to pay or provide the Executive payments the amounts provided and benefits in accordance with Sections 3, 4, and 5 hereof shall to make the arrangements provided hereunder will be subject to set-off, counterclaim, or recoupment of amounts owed by the Executive to the CompanyCompany or any of its subsidiaries. In no event will 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, its subsidiaries or its direct parent entities. Executive shall not be required to mitigate nor will the amount of any payment provided for pursuant to this Agreement by seeking other employment, and such payments shall not hereunder be reduced by any compensation or benefits received from any earned by the Executive as a result of employment by a subsequent employer, self-employment or other endeavorexcept as expressly provided in Section 8 hereof.

Set Off; No Mitigation. The Company’s obligation to pay or provide Executive payments the amounts provided and benefits in accordance with Sections 3, 4, and 5 hereof to make the arrangements provided hereunder shall be subject to set-off, counterclaim or recoupment of amounts owed by Executive to the Company, its subsidiaries Company or its direct parent entitiesaffiliates, except to the extent such set-off would result in a violation of Section 409A of the Code (as defined below). Executive shall not be required to mitigate the amount of any payment provided for pursuant to this Agreement by seeking other employment, and such payments shall not be reduced by any compensation or benefits received from any subsequent employer, self-employment employer or other endeavor.

Set Off; No Mitigation. The Company’s obligation to pay or provide the Executive payments the amounts provided and benefits in accordance with Sections 3, 4, and 5 hereof shall to make the arrangements provided hereunder will be subject to set-off, counterclaim, or recoupment of amounts owed by the Executive to the CompanyCompany or any of its affiliates. In no event will 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, its subsidiaries or its direct parent entities. Executive shall not be required to mitigate nor will the amount of any payment provided for pursuant to this Agreement by seeking other employment, and such payments shall not hereunder be reduced by any compensation or benefits received from any earned by the Executive as a result of employment by a subsequent employer, self-employment or other endeavorexcept as provided in Section 7 hereof.