Common use of Full Settlement; Mitigation Clause in Contracts

Full Settlement; Mitigation. In no event shall 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 and such amounts shall not be reduced whether or not the Executive obtains other employment. Neither the Executive nor the Company shall be liable to the other party for any damages for breach of this Agreement in addition to the amounts payable under Section 4 arising out of the termination of the Executive’s employment prior to the end of the Employment Period; provided, however, that the Company shall be entitled to seek damages from the Executive for any breach of Sections 6, 7, 9 or 10 by the Executive or for the Executive’s criminal misconduct.

Appears in 3 contracts

Samples: Employment Agreement (Schiff Nutrition International, Inc.), Employment Agreement (Renewable Energy Group, Inc.), Employment Agreement (Schiff Nutrition International, Inc.)

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Full Settlement; Mitigation. In no event shall 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 Agreement, and such amounts shall not be reduced whether or not the Executive obtains other employment. Neither the Executive nor the The Company shall not be liable to the other party Executive for any damages for breach of this Agreement in addition to the amounts payable under Section 4 arising out of the termination of the Executive’s employment employment, for any reason, prior to the end of the Employment Period; provided, however, that the Company shall be entitled to seek damages from the Executive for any breach of Sections 6, 7, or 9 hereof or 10 by the Executive or for the Executive’s criminal misconduct.

Appears in 3 contracts

Samples: Employment Agreement (Home Interiors & Gifts Inc), Employment Agreement (Home Interiors & Gifts Inc), Employment Agreement (Home Interiors & Gifts Inc)

Full Settlement; Mitigation. In no event shall 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 and such amounts shall not be reduced (except as provided in Section 5(c)(ii)) whether or not the Executive obtains other employment. Neither the Executive nor the Company shall be liable to the other party for any damages for breach of this Agreement in addition to the amounts payable under Section 4 5 arising out of the termination of the Executive’s 's employment prior to the end of the Employment Period; provided, however, that the Company shall be entitled to seek damages from the Executive for any breach of Sections 6, 7, 8 or 9 or 10 by the Executive or for the Executive’s criminal misconduct.

Appears in 3 contracts

Samples: Executive Employment Agreement (Capstar Broadcasting Partners Inc), Executive Employment Agreement (Capstar Broadcasting Partners Inc), Executive Employment Agreement (Capstar Broadcasting Partners Inc)

Full Settlement; Mitigation. In no event shall 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 and such amounts shall not be reduced (except as provided in Section 5(b)(ii)) whether or not the Executive obtains other employment. Neither the Executive nor the Company shall be liable to the other party for any damages for breach of this Agreement in addition to the amounts payable under Section 4 5 arising out of the termination of the Executive’s 's employment prior to the end of the Employment Period; provided, however, that the Company shall be entitled to seek damages from the Executive for any breach of Sections 6, 7, 8 or 9 or 10 by the Executive or for the Executive’s criminal misconduct.

Appears in 2 contracts

Samples: Employment Agreement (Capstar Broadcasting Partners Inc), Employment Agreement (Capstar Broadcasting Partners Inc)

Full Settlement; Mitigation. In no event shall 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 and such amounts shall not be reduced whether or not the Executive obtains other employment. Neither the Executive nor the Company shall be liable to the other party for any damages for breach of this Agreement in addition to the amounts payable under Section 4 arising out of the termination of the Executive’s 's employment prior to the end of the Employment Period; provided, however, that the Company shall be -------- ------- entitled to seek damages from the Executive for any breach of Sections 6, 7, 9 or 10 by the Executive of Section 6, 7 or for the Executive’s criminal misconduct9.

Appears in 2 contracts

Samples: Executive Employment Agreement (Globenet Communications Group LTD), Executive Employment Agreement (Globenet Communications Group LTD)

Full Settlement; Mitigation. In no event shall 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 and such amounts shall not be reduced whether or not the Executive obtains other employment. Neither the Executive nor the Company shall be liable to the other party for any damages for breach of this Agreement or other amounts in addition to the amounts payable under Section 4 arising out of the termination or non-renewal of the Executive’s 's employment prior to the end of the Employment Period; provided, -------- however, that the Company shall be entitled to seek damages from the Executive for any breach by ------- the Executive of Sections Section 6, 7, 9 7 or 10 by the Executive or for the Executive’s criminal misconduct9.

Appears in 2 contracts

Samples: Executive Employment Agreement (Globenet Communications Group LTD), Executive Employment Agreement (Globenet Communications Group LTD)

Full Settlement; Mitigation. In no event shall 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 and such amounts shall not be reduced whether or not the Executive obtains other employment. Neither Except as expressly provided in Section 4(f), neither the Executive nor the Company shall be liable to the other party for any damages for breach of this Agreement in addition to the amounts payable under Section 4 arising out of the termination of the Executive’s employment prior to the end of the Employment Period; provided, however, that the Company shall be entitled to seek damages from the Executive for any breach of Sections 6, 7, 7 or 9 or 10 by the Executive or for the Executive’s criminal misconduct.

Appears in 1 contract

Samples: Executive Employment Agreement (S&c Holdco 3 Inc)

Full Settlement; Mitigation. In no event shall 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 and such amounts shall not be reduced whether or not the Executive obtains other employment. Neither Except as expressly provided in Section 4(e), neither the Executive nor the Company shall be liable to the other party for any damages for breach of this Agreement in addition to the amounts payable under Section 4 arising out of the termination of the Executive’s employment prior to the end of the Employment Period; provided, however, that the Company shall be entitled to seek damages from the Executive for any breach of Sections 6, 7, 7 or 9 or 10 by the Executive or for the Executive’s criminal misconduct.

Appears in 1 contract

Samples: Executive Employment Agreement (S&c Holdco 3 Inc)

Full Settlement; Mitigation. In no event shall 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 and such amounts shall not be reduced whether or not the Executive obtains other employment. Neither the Executive nor the Company shall be liable to the other party for any damages for breach of this Agreement or other amounts in addition to the amounts payable under Section 4 arising out of the termination or non-renewal of the Executive’s 's employment prior to the end of the Employment Period; provided, however, that the Company shall be entitled to seek damages from the Executive for any breach of Sections 6, 7, 9 or 10 by the Executive of Section 6, 7 or for the Executive’s criminal misconduct9.

Appears in 1 contract

Samples: Executive Employment Agreement (Globenet Communications Group LTD)

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Full Settlement; Mitigation. In no event shall 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 and such amounts shall not be reduced whether or not the Executive obtains other employment. Neither the Executive nor the Company shall be liable to the other party for any damages for breach of this Agreement or other amounts in addition to the amounts payable under Section 4 arising out of the termination or non-renewal of the Executive’s 's employment prior to the end of the Employment Period; provided, however, that the Company shall be entitled to seek damages from the Executive -------- ------- for any breach of Sections 6, 7, 9 or 10 by the Executive of Section 6, 7 or for the Executive’s criminal misconduct9.

Appears in 1 contract

Samples: Executive Employment Agreement (Globenet Communications Group LTD)

Full Settlement; Mitigation. In no event shall 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 and such amounts shall not be reduced whether or not the Executive obtains other employment. Neither the Executive nor the Company shall be liable to the other party for any damages for breach of this Agreement in addition to the amounts payable under Section Sections 4 or 5 arising out of the termination of the Executive’s 's employment prior to the end of the Employment Period; provided, however, that the Company shall be entitled to -------- ------- seek damages from the Executive for any breach of Sections 6, 7, 8, or 9 or 10 by the Executive or for the Executive’s criminal misconduct."

Appears in 1 contract

Samples: Employment Agreement (Aeroflex Inc)

Full Settlement; Mitigation. In no event shall 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 Agreement, and such amounts shall not be reduced whether or not the Executive obtains other employment. Neither the Executive nor the The Company shall not be liable to the other party Executive for any damages for breach of this Agreement in addition to the amounts payable under Section 4 arising out of the termination of the Executive’s employment 's employment, for any reason, prior to the end of the Employment Period; provided, however, that the Company shall be entitled to seek damages from the Executive for any breach of Sections 6, 7, or 9 hereof or 10 by the Executive or for the Executive’s criminal misconduct.

Appears in 1 contract

Samples: Employment Agreement (Home Interiors & Gifts Inc)

Full Settlement; Mitigation. In no event shall 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 and such amounts shall not be reduced whether or not the Executive obtains other employment. Neither the Executive nor the Company shall be liable to the other party for any damages for breach of this Agreement or other amounts in addition to the amounts payable under Section 4 arising out of the termination or non-renewal of the Executive’s 's employment prior to the end of the Employment Period; provided, however, that the Company shall be entitled to seek damages from the Executive -------- ------- for any breach of Sections 6, 7, 9 or 10 by the Executive of Section 6, 7 or for the Executive’s criminal misconduct9.

Appears in 1 contract

Samples: Executive Employment Agreement (Globenet Communications Group LTD)

Full Settlement; Mitigation. In Subject to Section 4(d)(5) in no event shall 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 and such amounts shall not be reduced whether or not the Executive obtains other employment. Neither the Executive nor the Company shall be liable to the other party for any damages for breach of this Agreement in addition to the amounts payable under Section 4 arising out of the termination of the Executive’s employment prior to the end of the Employment Period; provided, however, that the Company shall be entitled to seek damages from the Executive for any breach of Sections 6, 7, 9 9, or 10 by the Executive or for the Executive’s criminal misconduct.

Appears in 1 contract

Samples: Employment Agreement (Renewable Energy Group, Inc.)

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