Common use of Breach by Company Clause in Contracts

Breach by Company. If Xx. Xxxxxx shall terminate his employment or other service with the Company because of a material change in the duties of his office or any other breach by the Company of its obligations hereunder, or in the event of the termination of Xx. Xxxxxx’x employment by the Company without cause or otherwise in breach of this Agreement, Xx. Xxxxxx shall, except as otherwise provided herein, continue to receive all of the cash compensation and minimum long term incentive compensation provided hereunder and shall be entitled to all of the benefits otherwise provided herein, during the term of this Agreement notwithstanding such termination and Xx. Xxxxxx shall have no further obligations or duties under this Agreement. If Xx. Xxxxxx is entitled to receive payments under this subparagraph, he shall not be required to seek other employment in order to mitigate his damages hereunder; provided, however, that if Xx. Xxxxxx does obtain other employment, his total compensation therefrom, whether paid to him or deferred for his benefit, shall reduce, pro tanto, any amount which the Company would otherwise be required to pay to him pursuant to this subparagraph.

Breach by Company. If XxMx. Xxxxxx shall terminate his employment or other service with the Company because of a material change in the duties of his office or any other breach by the Company of its obligations hereunder, or in the event of the termination of XxMx. Xxxxxx’x employment by the Company without cause or otherwise in breach of this Agreement, XxMx. Xxxxxx shall, except as otherwise provided herein, continue to receive all of the cash compensation and minimum long term incentive compensation provided hereunder and shall be entitled to all of the benefits otherwise provided herein, during the term of this Agreement notwithstanding such termination and XxMx. Xxxxxx shall have no further obligations or duties under this Agreement. If XxMx. Xxxxxx is entitled to receive payments under this subparagraph, he shall not be required to seek other employment in order to mitigate his damages hereunder; provided, however, that if XxMx. Xxxxxx does obtain other employment, his total compensation therefrom, whether paid to him or deferred for his benefit, shall reduce, pro tanto, any amount which the Company would otherwise be required to pay to him pursuant to this subparagraph.