Common use of Damage Mitigation Obligation Clause in Contracts

Damage Mitigation Obligation. Coach agrees that he has a duty to obtain new employment to mitigate damages arising from termination under this Paragraph. Such payments shall be reduced by any amounts Coach receives for services for comparable professional employment by Coach, such as, for example, employment in the position of quality control, assistant coach, coordinator, co- coordinator, assistant head coach, head coach or other executive position at an institution of higher education or professional football league, television analyst or commentator, scout, or executive position in an athletics-related industry. Coach further understands and agrees Coach is receiving payments while delivering no employment service to the University, accordingly, the University’s obligation herein shall be strictly construed, and Coach shall not be entitled to such compensation absent reasonable and affirmative efforts to secure employment. Coach agrees to provide information about his mitigation efforts to Athletics Human Resources on a regular basis in order to comply with his responsibilities pursuant to this Paragraph. If Coach accepts employment, signs an employment agreement (if applicable), or otherwise agrees to perform such services, Coach shall promptly give notice to the Athletics Director of such employment, the effective date of employment, a copy of the employment agreement, if applicable, and the amount of all compensation provided or to be provided in the future for duties performed during the period when Coach would have been employed by the University under this Agreement had it not been terminated, to later be verified by a W-2 and/or 1099 form for the new employment position.

Appears in 4 contracts

Samples: Assistant Coach Employment Agreement, Assistant Coach Employment Agreement, Assistant Coach Employment Agreement

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Damage Mitigation Obligation. Coach agrees that he has a duty to obtain new employment to mitigate damages arising from termination under this Paragraph. Such payments shall be reduced by any amounts Coach receives for services for comparable professional employment by Coach, such as, for example, employment in the position of quality control, assistant coach, coordinator, co- coordinator, assistant head coach, head coach or other executive position at an institution of higher education or professional football league, television analyst or commentator, scout, or executive position in an athletics-related industry. Coach further understands and agrees Coach is receiving payments while delivering no employment service to the University, accordingly, the University’s obligation herein shall be strictly construed, and Coach shall not be entitled to such compensation absent reasonable and affirmative efforts to secure employment. Coach Xxxxx agrees to provide information about his mitigation efforts to Athletics Human Resources on a regular basis in order to comply with his responsibilities pursuant to this Paragraph. If Coach accepts employment, signs an employment agreement (if applicable), or otherwise agrees to perform such services, Coach shall promptly give notice to the Athletics Director of such employment, the effective date of employment, a copy of the employment agreement, if applicable, and the amount of all compensation provided or to be provided in the future for duties performed during the period when Coach would have been employed by the University under this Agreement had it not been terminated, to later be verified by a W-2 and/or 1099 form for the new employment position.

Appears in 3 contracts

Samples: Assistant Coach Employment Agreement, Assistant Coach Employment Agreement, Assistant Coach Employment Agreement

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Damage Mitigation Obligation. Coach agrees that he has a duty to obtain new employment to mitigate damages arising from termination under this Paragraph. Such payments shall be reduced by any amounts Coach receives for services for comparable professional employment by Coach, such as, for example, employment in the position of quality control, assistant coach, coordinator, co- co-coordinator, assistant head coach, head coach or other executive position at an institution of higher education or professional football league, television analyst or commentator, scout, or executive position in an athletics-related industry. Coach further understands and agrees Coach is receiving payments while delivering no employment service to the University, accordingly, the University’s obligation herein shall be strictly construed, and Coach shall not be entitled to such compensation absent reasonable and affirmative efforts to secure employment. Coach agrees to provide information about his mitigation efforts to Athletics Human Resources on a regular basis in order to comply with his responsibilities pursuant to this Paragraph. If Coach accepts employment, signs an employment agreement (if applicable), or otherwise agrees to perform such services, Coach shall promptly give notice to the Athletics Director of such employment, the effective date of employment, a copy of the employment agreement, if applicable, and the amount of all compensation provided or to be provided in the future for duties performed during the period when Coach would have been employed by the University under this Agreement had it not been terminated, to later be verified by a W-2 and/or 1099 form for the new employment position.

Appears in 1 contract

Samples: Assistant Coach Employment Agreement

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