Common use of Full Settlement; No Mitigation Clause in Contracts

Full Settlement; No Mitigation. The Company’s obligation to make the payments provided for in this Agreement and otherwise to perform its obligations hereunder shall not be affected by any set-off, counterclaim, recoupment, defense or other claim, right or action which the Company may have against Executive or others. In no event shall Executive be obligated to seek other employment or take any other action by way of mitigation of the amounts payable to Executive under any of the provisions of this Agreement and such amounts shall not be reduced whether or not Executive obtains other employment.

Appears in 53 contracts

Samples: Retention Agreement (Select Interior Concepts, Inc.), Retention Agreement (Select Interior Concepts, Inc.), Retention Agreement (Select Interior Concepts, Inc.)

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Full Settlement; No Mitigation. The Company’s 's obligation to make the payments provided for in this Agreement and otherwise to perform its obligations hereunder shall not be affected by any set-off, counterclaim, recoupment, defense or other claim, right or action which the Company may have against Executive or others. In no event shall Executive be obligated to seek other employment or take any other action by way of mitigation of the amounts payable to Executive under any of the provisions of this Agreement and such amounts shall not be reduced whether or not Executive obtains other employment.

Appears in 16 contracts

Samples: Employment Agreement (Regions Financial Corp), Employment Agreement (Eplus Inc), Employment Agreement (Regions Financial Corp)

Full Settlement; No Mitigation. The Company’s obligation to make the payments provided for in this Agreement and otherwise to perform its obligations hereunder under this Agreement shall not be affected by any set-off, counterclaim, recoupment, defense or other claim, right or action which the Company may have against Executive or others. In no event shall Executive be obligated to seek other employment or take any other action by way of mitigation of the amounts payable to Executive under any of the provisions of this Agreement and such amounts shall not be reduced whether or not Executive obtains other employment.

Appears in 10 contracts

Samples: Employment Agreement, Restricted Stock Unit Award Agreement (Faro Technologies Inc), Employment Agreement (Faro Technologies Inc)

Full Settlement; No Mitigation. The Company’s 's obligation to make the payments provided for in this Agreement and otherwise to perform its obligations hereunder shall not be affected by any set-off, counterclaim, recoupment, defense or other claim, right or action which the Company may have against Executive or others. In no event shall Executive be obligated to seek other employment or take any other action by way of mitigation of the amounts payable to Executive under any of the provisions of this Agreement and, except as provided in Section 6(a)(ii) and 6(b)(ii), such amounts shall not be reduced whether or not Executive obtains other employment.

Appears in 10 contracts

Samples: Change in Control Agreement (Cti Molecular Imaging Inc), Change in Control Agreement (Cti Molecular Imaging Inc), Change in Control Agreement (Cti Molecular Imaging Inc)

Full Settlement; No Mitigation. The Company’s obligation to make the payments provided for in this Agreement and otherwise to perform its obligations hereunder shall not be affected by any set-off, counterclaim, recoupment, defense or other claim, right or action which the Company may have against the Executive or others. 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.

Appears in 9 contracts

Samples: Employment Agreement (FirstCash Holdings, Inc.), Employment Agreement (FirstCash Holdings, Inc.), Employment Agreement (FirstCash Holdings, Inc.)

Full Settlement; No Mitigation. The Company’s obligation to make the any payments provided for in by this Agreement to the Executive and otherwise to perform its obligations hereunder shall not be affected by any set-off, counterclaim, recoupment, defense or other claim, right or action which the Company may have against the Executive or others. 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.

Appears in 5 contracts

Samples: Change in Control Severance Agreement (Parker Hannifin Corp), Change in Control Severance Agreement (Parker Hannifin Corp), Control Severance Agreement (Trimble Navigation LTD /Ca/)

Full Settlement; No Mitigation. The Company’s 's obligation to make the any payments provided for in by this Agreement to the Executive and otherwise to perform its obligations hereunder shall not be affected by any set-off, counterclaim, recoupment, defense or other claim, right or action which the Company may have against the Executive or others. 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.

Appears in 4 contracts

Samples: Control Severance Agreement (Parker Hannifin Corp), Control Severance Agreement (Trimble Navigation LTD /Ca/), Control Severance Agreement (Trimble Navigation LTD /Ca/)

Full Settlement; No Mitigation. The Company’s obligation to make the payments and provide the benefits provided for in this Agreement and otherwise to perform its obligations hereunder shall not be affected by any set-off, counterclaim, recoupment, defense or other claim, right or action which the Company may have against the Executive or others. 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 Agreement, and, except as expressly provided in this Agreement, such amounts shall not be reduced whether or not the Executive obtains other employment.

Appears in 3 contracts

Samples: Employment Agreement (Maf Bancorp Inc), Employment Agreement (Maf Bancorp Inc), Employment Agreement (Maf Bancorp Inc)

Full Settlement; No Mitigation. The Company’s obligation to make the payments provided for in this Agreement and otherwise to perform its obligations hereunder shall not be affected by any set-off, counterclaim, recoupment, defense or other claimclam, right or action which the Company may have against the Executive or others, provided that nothing herein shall preclude the Company from separately pursuing recovery from the Executive based on any such claim. In no event shall the Executive be obligated to seek other employment or take any other action by way of mitigation of the amounts (including amounts for damages for breach) 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.

Appears in 3 contracts

Samples: Waiver and Release Agreement (Calumet Specialty Products Partners, L.P.), Employment Agreement (Calumet Specialty Products Partners, L.P.), Employment Agreement (Calumet Specialty Products Partners, L.P.)

Full Settlement; No Mitigation. The Company’s obligation to make the any payments provided for in by this Agreement to the Executive and otherwise to perform its obligations hereunder shall not be affected by any set-off, counterclaim, recoupment, defense or other claim, right or action which the Company may have against the Executive or others, except as otherwise provided in Section 10. 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.

Appears in 3 contracts

Samples: Change in Control Severance Agreement (Trimble Inc.), Change in Control Severance Agreement (Trimble Inc.), Control Severance Agreement (Trimble Inc.)

Full Settlement; No Mitigation. The Company’s obligation to make the payments provided for in this Agreement and otherwise to perform its obligations hereunder shall not be affected by any set-off, counterclaim, recoupment, defense or other claim, right or action which the Company may have against Executive or others. In no event shall Executive be obligated to seek other employment or take any other action by way of mitigation of the amounts payable to Executive under any of the provisions of this Agreement and and, except as explicitly provided herein, such amounts shall not be reduced whether or not Executive obtains other employment.

Appears in 3 contracts

Samples: Change of Control Agreement (Seacoast Banking Corp of Florida), Change of Control Agreement (Seacoast Banking Corp of Florida), Change in Control Agreement (Adams Respiratory Therapeutics, Inc.)

Full Settlement; No Mitigation. The Company’s obligation to make the payments provided for in this Agreement and otherwise to perform its obligations hereunder shall will not be affected by any set-off, counterclaim, recoupment, defense or other claim, right or action which the Company or any Subsidiary may have against Executive or othersthe Executive; provided, that the foregoing does not affect the terms of any Equity Award Agreement, including with respect to the circumstances under which stock issued thereunder may be forfeited. In no event shall will 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 Executive obtains other employmentAgreement.

Appears in 3 contracts

Samples: Executive Employment Agreement (Liberty Media Corp), Liberty Interactive Corporation Executive Employment Agreement (Liberty Interactive Corp), Liberty Media Corporation Executive Employment Agreement (Liberty Media Corp)

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Full Settlement; No Mitigation. The Company’s 's obligation to make the payments provided for in this Agreement and otherwise to perform its obligations hereunder shall will not be affected by any set-off, counterclaim, recoupment, defense or other claim, right or action which the Company or any Affiliate may have against Executive or othersthe Executive. In no event shall will 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 Executive obtains other employmentAgreement.

Appears in 2 contracts

Samples: Executive Employment Agreement (Liberty Media Corp), Employment Agreement (Liberty Media Corp)

Full Settlement; No Mitigation. The Company’s 's obligation to make the payments provided for in this Agreement and otherwise to perform its obligations hereunder shall not be affected by any set-off, counterclaim, recoupment, defense or other claimclam, right or action which the Company may have against the Executive or others, provided that nothing herein shall preclude the Company from separately pursuing recovery from the Executive based on any such claim. In no event shall the Executive be obligated to seek other employment or take any other action by way of mitigation of the amounts (including amounts for damages for breach) 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.

Appears in 2 contracts

Samples: Employment Agreement (Cyberonics Inc), Employment Agreement (Cyberonics Inc)

Full Settlement; No Mitigation. The Company’s obligation to make the payments provided for in this Agreement and otherwise to perform its obligations hereunder shall not be affected by any set-off, counterclaim, recoupment, defense or other claim, right or action which the Company may have against Executive or others. In no event event, shall Executive be obligated to seek other employment or take any other action by way of mitigation of the amounts payable to Executive under any of the provisions of this Agreement and such amounts shall not be reduced whether or not Executive obtains other employment.

Appears in 1 contract

Samples: Employment Agreement (CatchMark Timber Trust, Inc.)

Full Settlement; No Mitigation. The Company’s obligation to make the payments provided for in this Agreement and otherwise to perform its obligations hereunder shall not be affected by any set-off, counterclaim, recoupment, defense or other claim, right or action which the Company may have against Executive or others. In no event shall Executive be obligated to seek other employment or take any other action by way of mitigation of the amounts payable to Executive under any of the provisions of this Agreement and, except as provided in Section 6(a)(ii) and 6(b)(ii), such amounts shall not be reduced whether or not Executive obtains other employment.

Appears in 1 contract

Samples: Change in Control Agreement (Cti Molecular Imaging Inc)

Full Settlement; No Mitigation. The Company’s obligation to make the payments provided for in this Agreement and otherwise to perform its obligations hereunder shall not be affected by any set-off, counterclaim, recoupment, defense or other claim, right or action which the Company may have against the Executive or others, provided that nothing herein shall preclude the Company from separately pursuing recovery from the Executive based on any such claim. In no event shall the Executive be obligated to seek other employment or take any other action by way of mitigation of the amounts (including amounts for damages for breach) 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.

Appears in 1 contract

Samples: Employment Agreement (Cyberonics Inc)

Full Settlement; No Mitigation. The Company’s 's obligation to make the payments provided for in this Agreement and otherwise to perform its obligations hereunder shall not be affected by any set-off, counterclaim, recoupment, defense defense, or other claim, right or action which the Company may have against the Executive or others. In no event shall the Executive be obligated to seek other employment or take any other action by way of mitigation of to mitigate the amounts payable to the Executive under hereunder. The Company agrees to pay for any of legal fees and expenses reasonably incurred by the provisions Executive in connection with any breach of this Agreement and such amounts shall not be reduced whether or not Executive obtains other employmentby the Company.

Appears in 1 contract

Samples: Consulting Agreement (Aladdin Gaming Enterprises Inc)

Full Settlement; No Mitigation. The Company’s 's obligation to make the payments provided for in this Agreement and otherwise to perform its obligations hereunder shall will not be affected by any set-off, counterclaim, recoupment, defense or other claim, right or action which the Company or any Affiliate may have against Executive or othersthe Executive. In no event shall will the Executive be obligated to seek other employment or take any other action by way of mitigation of any benefits owed to the amounts payable to Executive under any of the provisions of this Agreement and such amounts shall not be reduced whether or not Executive obtains other employmentAgreement.

Appears in 1 contract

Samples: Agreement Regarding Linta Equity Awards (Liberty Interactive Corp)

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