Fees and Expenses; Mitigation. (a) Should either party find it necessary to seek enforcement of any provision hereof, the prevailing party in such action shall be entitled to his or its costs and expenses, including reasonable attorneys’ fees, up to a maximum of $30,000. (b) Officer shall not be required to mitigate the amount of any payment Company becomes obligated to make to Officer in connection with this Agreement, by seeking other employment or otherwise. Except as specifically provided above with respect to the Welfare Continuance Benefit, the amount of any payment provided for in Section 6 shall not be reduced, offset or subject to recovery by Company by reason of any compensation earned by Officer as the result of employment by another employer after the Date of Termination, or otherwise.
Appears in 10 contracts
Samples: Change in Control Agreement (Blue Ridge Bankshares, Inc.), Change in Control Agreement (Blue Ridge Bankshares, Inc.), Change in Control Agreement (Monarch Financial Holdings, Inc.)