No Obligation to Mitigate Damages; No Effect on Other Contractual Rights. (a) The Executive shall not be required to mitigate damages or the amount of any payment provided for under this Agreement by seeking other employment or otherwise, nor shall the amount of any payment provided for under this Agreement be reduced by any compensation earned by the Executive as the result of employment by another employer after the Date of Termination, or otherwise.
Appears in 75 contracts
Samples: Executive Change of Control Agreement (Winnebago Industries Inc), Executive Change of Control Agreement (Winnebago Industries Inc), Executive Change of Control Agreement (Winnebago Industries Inc)
No Obligation to Mitigate Damages; No Effect on Other Contractual Rights. (a) The Executive shall not be required to mitigate damages or the amount of any payment provided for under this Agreement by seeking other employment or otherwise, nor shall the amount of any payment provided for under this Agreement be reduced by any compensation earned by the Executive as the result of employment by another employer after the Date effective date of Termination, or otherwise, by his/her engagement as a consultant or his/her conduct of any other business activities.
Appears in 19 contracts
Samples: Severance Compensation Agreement (CVB Financial Corp), Severance Compensation Agreement (CVB Financial Corp), Severance Compensation Agreement (CVB Financial Corp)
No Obligation to Mitigate Damages; No Effect on Other Contractual Rights. (a) A. The Executive shall not be required to mitigate damages or the amount of any payment provided for under this Agreement by seeking other employment or otherwise, nor shall the amount of any payment provided for under this Agreement be reduced by any compensation earned by the Executive as the result of employment by another employer after the Date effective date of Terminationtermination or resignation, or otherwise, by his engagement as a consultant or his conduct of any other business activities.
Appears in 17 contracts
Samples: Severance Compensation Agreement, Severance Compensation Agreement (CVB Financial Corp), Severance Compensation Agreement (CVB Financial Corp)
No Obligation to Mitigate Damages; No Effect on Other Contractual Rights. (a) A. The Executive shall not be required to mitigate damages or the amount of any payment provided for under this Agreement by seeking other employment or otherwise, nor shall the amount of any payment provided for under this Agreement be reduced by any compensation earned by the Executive as the result of employment by another employer after the Date effective date of Terminationtermination or resignation, or otherwise, by his or her engagement as a consultant or his conduct of any other business activities.
Appears in 15 contracts
Samples: Severance Compensation Agreement (CVB Financial Corp), Severance Compensation Agreement (CVB Financial Corp), Severance Compensation Agreement
No Obligation to Mitigate Damages; No Effect on Other Contractual Rights. (a) The Executive shall not be required to mitigate damages or the amount of any payment provided for under this Agreement by seeking other employment or otherwise, nor shall the amount of any payment provided for under this Agreement be reduced by any compensation earned by the Executive as the result of employment by another employer after the Date date of Terminationtermination, or otherwise.
Appears in 13 contracts
Samples: Executive Employment Agreement (First Aviation Services Inc), Executive Employment Agreement (First Aviation Services Inc), Executive Employment Agreement (First Aviation Services Inc)
No Obligation to Mitigate Damages; No Effect on Other Contractual Rights. (a) The Executive shall not be required to mitigate damages or the amount of any payment provided for under this Agreement by seeking other employment or otherwise, nor shall the amount of any payment provided for under this Agreement be reduced by any compensation earned by the Executive as the result of employment by another employer after the Date of Termination, or otherwise.
Appears in 7 contracts
Samples: Severance Compensation Agreement (Aquila Inc), Severance Compensation Agreement (Aquila Inc), Severance Compensation Agreement (Aquila Inc)
No Obligation to Mitigate Damages; No Effect on Other Contractual Rights. (a) The Executive shall not be required to mitigate damages or the amount of any payment provided for under this Agreement by seeking other employment or otherwise, nor shall the amount of any payment provided for under this Agreement be reduced by any compensation earned by the Executive as the result of employment by another employer after the Date effective date of Termination, or otherwise, by his engagement as a consultant or his conduct of any other business activities.
Appears in 7 contracts
Samples: Severence Compensation Agreement (CVB Financial Corp), Severence Compensation Agreement (CVB Financial Corp), Severence Compensation Agreement (CVB Financial Corp)
No Obligation to Mitigate Damages; No Effect on Other Contractual Rights. (a) The 7.1 Executive shall not be required to mitigate damages or the amount of any payment provided for under this Agreement by seeking other employment or otherwise, nor shall the amount of any payment provided for under this Agreement be reduced by any compensation earned by the Executive as the result of employment by another employer after the Date date of Terminationthe termination of Executive’s employment with the Company, or otherwise.
Appears in 7 contracts
Samples: Change in Control and Severance Agreement (Ceradyne Inc), Change in Control and Severance Agreement (Ceradyne Inc), Change in Control and Severance Agreement (Ceradyne Inc)
No Obligation to Mitigate Damages; No Effect on Other Contractual Rights. (a) The Executive shall not be required to mitigate damages or the amount of any payment provided for under this Agreement by seeking other employment or otherwise, nor shall the amount of any payment provided for under this Agreement be reduced by any compensation earned by the Executive as the result of employment by another employer after the Date of Termination, Termination or otherwise.
Appears in 7 contracts
Samples: Severance Compensation Agreement, Severance Compensation Agreement (Aci Worldwide, Inc.), Severance Compensation Agreement (Transaction Systems Architects Inc)
No Obligation to Mitigate Damages; No Effect on Other Contractual Rights. (a) The Executive shall not be required to mitigate damages or the amount of any payment provided for under this Agreement by seeking other employment or otherwise, nor shall the amount of any payment provided for under this Agreement be reduced by any compensation earned by the Executive as the result of employment by another employer that is not related to the Company after the Date of Termination, or otherwise.
Appears in 6 contracts
Samples: Control Agreement (Unifi Inc), Change in Control Agreement (Unifi Inc), Change in Control Agreement (Unifi Inc)
No Obligation to Mitigate Damages; No Effect on Other Contractual Rights. (a) The Executive shall not be required to mitigate damages or the amount of any payment provided for under this Agreement by seeking other employment or otherwise, nor shall the amount of any payment provided for under this Agreement be reduced by any compensation earned by the Executive as the result of employment by another employer after the Date of TerminationTerm, or otherwise.
Appears in 6 contracts
Samples: Employment Agreement (O Charleys Inc), Employment Agreement (O Charleys Inc), Employment Agreement (O Charleys Inc)
No Obligation to Mitigate Damages; No Effect on Other Contractual Rights. (a) The Executive shall not be required to mitigate damages or the amount of any payment provided for under this Agreement by seeking other employment or otherwise, nor shall the amount of any payment provided for under this Agreement be reduced by any compensation earned by the Executive as the result of employment by another employer after the Date date of Termination, termination of his employment with the Company or otherwise.
Appears in 6 contracts
Samples: Severance Compensation Agreement (Harris & Harris Group Inc /Ny/), Severance Compensation Agreement (Harris & Harris Group Inc /Ny/), Severance Compensation Agreement (Harris & Harris Group Inc /Ny/)
No Obligation to Mitigate Damages; No Effect on Other Contractual Rights. (a) The Executive shall not be required to mitigate damages or the amount of any payment provided for under this Agreement by seeking other employment or otherwise, nor shall the amount of any payment provided for under this Agreement be reduced by any compensation earned by the Executive as the result of employment by another employer after the Date of Termination, or otherwise, except as provided in Subsection 3(e)(B).
Appears in 5 contracts
Samples: Change in Control Agreement (Raven Industries Inc), Change in Control Agreement (Raven Industries Inc), Form of Change in Control Agreement (Raven Industries Inc)
No Obligation to Mitigate Damages; No Effect on Other Contractual Rights. (a) The Executive shall not be required to mitigate damages or the amount of any payment provided for under this Agreement by seeking other employment or otherwise, nor shall the amount of any payment provided for under this Agreement be reduced by any compensation earned by the Executive as the result of employment by another employer after the Date date of Terminationtermination, or otherwiseotherwise (except as provided in Section 4.3(b)(3)).
Appears in 4 contracts
Samples: Executive Employment Agreement (Procom Technology Inc), Executive Employment Agreement (Procom Technology Inc), Executive Employment Agreement (Procom Technology Inc)
No Obligation to Mitigate Damages; No Effect on Other Contractual Rights. (a) The Executive shall not be required to mitigate damages or the amount of any payment provided for under this Agreement by seeking other employment or otherwise, nor shall the amount of any payment provided for under this Agreement be reduced by any compensation earned by the Executive as the a result of employment by another employer after the Date of Termination, or otherwise.
Appears in 4 contracts
Samples: Employment Agreement (Refac Optical Group), Employment Agreement (U S Vision Inc), Employment Agreement (U S Vision Inc)
No Obligation to Mitigate Damages; No Effect on Other Contractual Rights. (a) The Executive shall not be required to mitigate damages or the amount of any payment provided for under this Agreement by seeking other employment or otherwise, nor shall the amount of any payment provided for under this Agreement be reduced by any compensation earned by the Executive as the result of employment by another employer after the Date Executive’s termination of Terminationemployment, or otherwise.
Appears in 4 contracts
Samples: Change in Control Agreement (Novelis Inc.), Change in Control Agreement (Novelis Inc.), Change in Control Agreement (Novelis Inc.)
No Obligation to Mitigate Damages; No Effect on Other Contractual Rights. (a) The Executive shall not be required to mitigate damages or the amount of any payment provided for under this Agreement by seeking other employment or otherwise, nor shall the amount of any payment provided for under this Agreement be reduced by any compensation earned by the Executive as the result of employment by another employer after the Date of Termination, or otherwise.
Appears in 4 contracts
Samples: Change in Control Agreement (Raven Industries Inc), Change in Control Agreement (Raven Industries Inc), Change in Control Agreement (Raven Industries Inc)
No Obligation to Mitigate Damages; No Effect on Other Contractual Rights. (a) A. The Executive shall not be required to mitigate damages or the amount of any payment provided for under this Agreement by seeking other employment or otherwise, nor shall the amount of any payment provided for under this Agreement be reduced by any compensation earned by the Executive as the result of employment by another employer after the Date termination of Terminationthe Executive's employment, or otherwise.
Appears in 3 contracts
Samples: Severance Compensation Agreement (Lin Television Corp), Severance Compensation Agreement (Lin Television Corp), Severance Compensation Agreement (Lin Television Corp)
No Obligation to Mitigate Damages; No Effect on Other Contractual Rights. (a) The Executive shall not be required to mitigate damages or the amount of any payment provided for under this Agreement by seeking other employment or otherwise, nor shall the amount of any payment provided for under this Agreement be reduced by any compensation earned by the Executive as the result of employment by another employer after the Date termination of TerminationExecutive's employment, or otherwise.
Appears in 3 contracts
Samples: Service Agreement (Internetstudios Com Inc), Management Agreement (Internetstudios Com Inc), Management Agreement (Internetstudios Com Inc)
No Obligation to Mitigate Damages; No Effect on Other Contractual Rights. (a) The Executive shall not be required to mitigate damages or the amount of any payment provided for under this Agreement by seeking other employment or otherwise, nor shall the amount of any payment provided for under this Agreement be reduced by any compensation earned by the Executive as the result of employment by another employer after the Date of Termination, or otherwise.
Appears in 3 contracts
Samples: Employment Agreement (Raven Industries Inc), Employment Agreement (Raven Industries Inc), Employment Agreement (Raven Industries Inc)
No Obligation to Mitigate Damages; No Effect on Other Contractual Rights. (a) The Executive shall not be required to mitigate damages or the amount of any payment provided for under this Agreement by seeking other employment or otherwise, nor shall the amount of any payment provided for under this Agreement be reduced by any compensation earned by the Executive as the result of employment by another employer after the Date of Termination, or otherwise.
Appears in 3 contracts
Samples: Change in Control Agreement (Raven Industries Inc), Change in Control Agreement (Raven Industries Inc), Change in Control Agreement (Raven Industries Inc)
No Obligation to Mitigate Damages; No Effect on Other Contractual Rights. (a) The Executive shall not be required to mitigate damages or the amount of any payment provided for under this Agreement by seeking other employment or otherwise, nor shall the amount of any payment provided for under this Agreement be reduced by any compensation earned by the Executive as the result of employment by another employer after the Date termination of Termination, the Executive's employment with the Company or otherwisea Subsidiary.
Appears in 3 contracts
Samples: Change in Control Agreement (Midas Group Inc), Change in Control Agreement (Hussmann International Inc), Change in Control Agreement (Whitman Corp)
No Obligation to Mitigate Damages; No Effect on Other Contractual Rights. (a) The Executive shall not be required to mitigate damages or the amount of any payment provided for under this Agreement by seeking other employment or otherwise, nor shall the amount of any payment provided for under this Agreement be reduced by any compensation earned by the Executive as the result of employment by another employer after the Date Executive's termination of Terminationemployment, or otherwise.
Appears in 3 contracts
Samples: Change in Control Agreement (Novelis Inc.), Change in Control Agreement (Novelis Inc.), Change in Control Agreement (Novelis Inc.)
No Obligation to Mitigate Damages; No Effect on Other Contractual Rights. (a) The Executive shall not be required to mitigate damages or the amount of any payment provided for under this Agreement by seeking other employment or otherwise, nor nor, except as set forth in Section 4(d), shall the amount of any payment provided for under this Agreement be reduced by any compensation earned by the Executive as the result of employment by another employer after the Date of Termination, or otherwise.
Appears in 3 contracts
Samples: Severance Compensation Agreement (Foothill Independent Bancorp), Severance Compensation Agreement (Foothill Independent Bancorp), Severance Compensation Agreement (Foothill Independent Bancorp)
No Obligation to Mitigate Damages; No Effect on Other Contractual Rights. (a) The Executive shall not be required to mitigate damages or the amount of any payment provided for under this Agreement by seeking other employment or otherwise, nor shall the amount of any payment provided for under this Agreement be reduced by any compensation earned by the Executive as the a result of employment by another employer after the Date date of Terminationtermination, or otherwise.
Appears in 2 contracts
Samples: Employment Agreement (Insurance Auto Auctions Inc /Ca), Employment Agreement (Insurance Auto Auctions Inc /Ca)
No Obligation to Mitigate Damages; No Effect on Other Contractual Rights. (a) The Executive shall not be required to mitigate damages or the amount of any payment provided for under this Agreement by seeking other employment or otherwise, nor (except to the extent provided in Section 4(b)(iii)) shall the amount of any payment provided for under this Agreement be reduced by any compensation earned by the Executive as the a result of employment by another employer after the Date termination of Terminationthe Executive’s employment, or otherwise.
Appears in 2 contracts
Samples: Extension and Severance Compensation Agreement (Callisto Pharmaceuticals Inc), Extension and Severance Compensation Agreement (Callisto Pharmaceuticals Inc)
No Obligation to Mitigate Damages; No Effect on Other Contractual Rights. (a) The 10.1 Executive shall not be required to mitigate damages or the amount of any payment provided for under this Agreement by seeking other employment or otherwise, nor shall the amount of any payment provided for under this Agreement be reduced by any compensation earned by the Executive as the result of employment by another employer after the Date Executive’s termination of Terminationemployment, or otherwise.
Appears in 1 contract
No Obligation to Mitigate Damages; No Effect on Other Contractual Rights. (a) The Executive shall not be required to mitigate damages or the amount of any payment provided for under this Agreement by seeking other employment or otherwise, nor shall the amount of any payment provided for under this Agreement be reduced by any compensation earned by the Executive as the result of employment by another employer after the Date termination of Termination, the Executive’s employment with the Company or otherwisea Subsidiary.
Appears in 1 contract
No Obligation to Mitigate Damages; No Effect on Other Contractual Rights. (a) The Except as expressly provided in Section 3(C), the Executive shall not be required to mitigate damages or the amount of any payment provided for under this Agreement by seeking other employment or otherwise, nor shall the amount of any payment provided for under this Agreement be reduced by any compensation earned by the Executive as the result of employment by another employer after the Date of Termination, or otherwise.
Appears in 1 contract
Samples: Change in Control Agreement (National City Bancorporation)
No Obligation to Mitigate Damages; No Effect on Other Contractual Rights. (a) The Executive shall not be required to mitigate damages or the amount of any payment provided for under this Agreement by seeking other employment or otherwise, nor shall the amount of any payment provided for under this Agreement be reduced by any compensation earned by the Executive as the result of employment by another employer after the Date of Termination, or otherwise.nor
Appears in 1 contract
No Obligation to Mitigate Damages; No Effect on Other Contractual Rights. (a) a. The Executive shall not be required to mitigate damages or the amount of any payment provided for under this Agreement by seeking other employment or otherwise, nor shall the amount of any payment provided for under this Agreement be reduced by any compensation earned by the Executive as the result of employment by another employer after the Date of Termination, or otherwise.
Appears in 1 contract
Samples: Severance Compensation Agreement (Bell Industries Inc /New/)
No Obligation to Mitigate Damages; No Effect on Other Contractual Rights. (a) The Executive shall not be required to mitigate damages or the amount of any payment provided for under this Agreement by seeking other employment or otherwise, nor shall the amount of any payment provided for under this Agreement be reduced by any compensation earned by the Executive as the result of employment by another employer after the Date of Termination, or otherwise.or
Appears in 1 contract
Samples: Severance Compensation Agreement (Openroute Networks Inc)
No Obligation to Mitigate Damages; No Effect on Other Contractual Rights. (a) The Executive shall not be required to mitigate damages or the amount of any payment provided for under this Agreement by seeking other employment or otherwise, nor shall the amount of any payment provided for under this Agreement be reduced by any compensation earned by the Executive as the result of employment by another employer after the Date of Termination, or otherwise.for
Appears in 1 contract
No Obligation to Mitigate Damages; No Effect on Other Contractual Rights. (a) The Executive shall not be required to mitigate damages or the amount of any payment provided for under this Agreement by seeking other employment or otherwise, nor shall the amount of any payment provided for under this Agreement be reduced by any compensation earned by the Executive as the result of employment by another employer or other performance of services after the Date effective date of TerminationChange of Control or Potential Change of Control, or otherwise.
Appears in 1 contract
Samples: Change of Control Compensation Agreement (Primark Corp)
No Obligation to Mitigate Damages; No Effect on Other Contractual Rights. (a) The Except as provided in Section 3(b), the Executive shall not be required to mitigate damages or the amount of any payment provided for under this Agreement by seeking other employment or otherwise, nor shall the amount of any payment provided for under this Agreement be reduced by any compensation earned by the Executive as the result of employment by another employer after the Date of Termination, Termination or otherwise.
Appears in 1 contract
Samples: Severance Compensation Agreement (Transaction Systems Architects Inc)
No Obligation to Mitigate Damages; No Effect on Other Contractual Rights. (a) The Executive shall not be required to mitigate damages or the amount of any payment provided for under this Agreement by seeking other employment or otherwise, nor shall the amount of any payment provided for under this Agreement be reduced by any compensation earned by the Executive as the result of employment by another employer after the Date of Termination, or otherwiseotherwise except as provided in Section 4(b).
Appears in 1 contract
Samples: Change in Control Agreement (Winnebago Industries Inc)
No Obligation to Mitigate Damages; No Effect on Other Contractual Rights. (a) The Executive shall not be required to mitigate damages or the amount of any payment provided for under this Agreement by seeking other employment or otherwise, nor shall the amount of any payment provided for under this Agreement be reduced by any compensation earned by the Executive as the result of employment by another employer after the Date termination of Terminationthe Executive’s employment, or otherwise.
Appears in 1 contract
No Obligation to Mitigate Damages; No Effect on Other Contractual Rights. (a) The Executive shall not be required to mitigate damages or the amount of any payment provided for under this Agreement by seeking other employment or otherwiseother vise, nor shall the amount of any payment provided for under this Agreement be reduced by any compensation earned by the Executive as the result of employment by another employer after the Date of Termination, or otherwise.
Appears in 1 contract
Samples: Change of Control Agreement (Winnebago Industries Inc)
No Obligation to Mitigate Damages; No Effect on Other Contractual Rights. (a) The Executive shall not be required to mitigate damages or the amount of any payment provided for under this Agreement by seeking other employment or otherwise, nor shall the amount of any payment provided for under this Agreement be reduced by any compensation earned by the Executive as the result of employment by another employer after the Date of Termination, or otherwise.. 5
Appears in 1 contract
No Obligation to Mitigate Damages; No Effect on Other Contractual Rights. (a) The Executive shall not be required to mitigate damages or the amount of any payment provided for under this Agreement by seeking other employment or otherwise, nor shall the amount of any payment provided for under this Agreement be reduced by any compensation earned by the Executive Exhibit 10.2 as the result of employment by another employer after the Date of Termination, or otherwise.
Appears in 1 contract
No Obligation to Mitigate Damages; No Effect on Other Contractual Rights. (a) The Executive shall not be required to mitigate damages or the amount of any payment provided for under this Agreement by seeking other employment or otherwise, nor shall the amount of any payment provided for under this Agreement be reduced by any compensation earned by the Executive as the result of employment by another employer after the Date of Termination, or otherwise.
Appears in 1 contract
No Obligation to Mitigate Damages; No Effect on Other Contractual Rights. (a) The Executive shall not be required to mitigate damages or the amount of any payment provided for under this Agreement by seeking other employment or otherwise, nor shall the amount of any payment provided for under this Agreement be reduced by any compensation earned by the Executive as the result of employment by another employer after the Date date of Terminationtermination, or otherwiseotherwise (except as provided in Section 4.5(b)(3)).
Appears in 1 contract
No Obligation to Mitigate Damages; No Effect on Other Contractual Rights. (a) The Executive shall not be required to mitigate damages or the amount of any payment provided for under this Agreement by seeking other employment or otherwise, nor shall the amount of any payment provided for under this Agreement be reduced by any compensation earned by the Executive as the result of employment by another employer after the Date of Termination, or otherwise.
Appears in 1 contract
