Common use of Full Settlement; No Mitigation Clause in Contracts

Full Settlement; No Mitigation. First Financial’s obligation to make any payments provided for in this Agreement and otherwise to perform its obligations hereunder shall be in lieu of and in full settlement of all other severance or similar payments to the Executive under any other severance or employment agreement between the Executive and First Financial, any severance plan of First Financial and any statutory entitlement (including notice of termination, termination pay and/or severance pay). First Financial’s obligations hereunder shall not be affected by any set-off, counterclaim, recoupment, defense or other claim, right or action which First Financial may have against the Executive or others. In no event shall the Executive be obligated to seek other employment or take other action by way of mitigation of the amounts payable to the Executive under any of the provisions of this Agreement and, except as provided in Section 2(e), such amounts shall not be reduced whether or not the Executive obtains other employment.

Appears in 7 contracts

Samples: Change in Control (First Financial Holdings Inc /De/), Change in Control (First Financial Holdings Inc /De/), Change in Control (First Financial Holdings Inc /De/)

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Full Settlement; No Mitigation. First FinancialThe Company’s obligation to make any payments provided for in this Agreement and otherwise to perform its obligations hereunder shall be in lieu of and in full settlement of all other severance or similar payments to the Executive under any other severance or employment agreement between the Executive and First Financialthe Company, any severance plan of First Financial the Company and any statutory entitlement (including notice of termination, termination pay and/or severance pay). First FinancialThe Company’s obligations hereunder shall not be affected by any set-off, counterclaim, recoupment, defense or other claim, right or action which First Financial the Company may have against the Executive or others. In no event shall the Executive be obligated to seek other employment or take other action by way of mitigation of the amounts payable to the Executive under any of the provisions of this Agreement and, except as provided in Section 2(e4(b)(v), such amounts shall not be reduced whether or not the Executive obtains other employment.

Appears in 1 contract

Samples: Employment Agreement (Force Protection Inc)

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