Common use of Full Settlement; Resolution of Disputes Clause in Contracts

Full Settlement; Resolution of Disputes. (a) The Company’s obligation to make any 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, subject to Section 3(c) hereof, such amounts shall not be reduced whether or not the Executive obtains other employment.

Appears in 9 contracts

Samples: Change in Control Agreement (Aon Corp), Change in Control Agreement (Aon Corp), Change in Control Agreement (Aon Corp)

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Full Settlement; Resolution of Disputes. (a) The Company’s 's obligation to make any 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, subject to except as provided in Section 3(c) hereof6(a)(ii), such amounts shall not be reduced whether or not if the Executive obtains other employment.

Appears in 8 contracts

Samples: Executive Retention Agreement (Tango of Arundel, Inc.), Employment Agreement (Tango of Arundel, Inc.), Executive Retention Agreement (Dave & Busters Inc)

Full Settlement; Resolution of Disputes. (a) The Company’s obligation to make any 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, subject to Section 3(c) hereof, and such amounts shall not be reduced whether or not the Executive obtains other employmentemployment except to the extent provided in Section 3(b)(1).

Appears in 4 contracts

Samples: Change in Control Agreement (Miller Herman Inc), Change in Control Agreement (Miller Herman Inc), Change in Control Agreement (Miller Herman Inc)

Full Settlement; Resolution of Disputes. (a) The Company’s obligation to make any payments provided for in Section 2 of this Agreement and otherwise to perform its obligations hereunder thereunder 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 provided in Section 2(c) or Section 13. 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 Section 2 of this Agreement and, subject to Section 3(c) hereof, and such amounts shall not be reduced whether or not the Executive obtains other employment, except as provided in Section 2(c).

Appears in 3 contracts

Samples: Compensation Protection Agreement (CDW Corp), Compensation Protection Agreement (CDW Corp), Form of Compensation Protection Agreement (CDW Corp)

Full Settlement; Resolution of Disputes. (a) The Company’s 's obligation to make any 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, subject to except as provided in Section 3(c) hereof3(b)(3), such amounts shall not be reduced whether or not the Executive obtains other employment.

Appears in 3 contracts

Samples: Severance Agreement (Commonwealth Industries Inc/De/), Severance Agreement (Commonwealth Industries Inc/De/), Severance Agreement (Commonwealth Industries Inc/De/)

Full Settlement; Resolution of Disputes. (a) The Company’s 's obligation to make any 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, subject to Section 3(c) hereof, and such amounts shall not be reduced reduced, except as set forth in Section 3(b), whether or not the Executive obtains other employment.

Appears in 2 contracts

Samples: Severance Agreement (Peapod Inc), Severance Agreement (Peapod Inc)

Full Settlement; Resolution of Disputes. (a) The Company’s obligation to make any payments provided for in Section 4 of this Agreement and otherwise to perform its obligations hereunder thereunder 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 provided in Section 4(c) or Section 15. 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 Section 4 of this Agreement and, subject to Section 3(c) hereof, and such amounts shall not be reduced whether or not the Executive obtains other employment, except as provided in Section 4(c).

Appears in 2 contracts

Samples: Compensation Protection Agreement (CDW Corp), Compensation Protection Agreement (CDW Corp)

Full Settlement; Resolution of Disputes. (a) The Company’s obligation to make any payments provided for in Section 2 of this Agreement and otherwise to perform its obligations hereunder thereunder 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 provided in Section 2(c) or Section 13. 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 Section 2 of this Agreement and, subject to Section 3(c) hereof, and such amounts shall not be reduced whether or not the Executive obtains other employment, except as provided in Section 2(c).

Appears in 1 contract

Samples: Compensation Protection Agreement (CDW Corp)

Full Settlement; Resolution of Disputes. (a) The Company’s obligation to make any payments provided for in Sections 3 or 5 of this Agreement and otherwise to perform its obligations hereunder thereunder 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 provided in Section 7(c). 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 Sections 3 or 5 of this Agreement and, subject to Section 3(c) hereof, and such amounts shall not be reduced whether or not the Executive obtains other employment, except as provided in Section 7(c).

Appears in 1 contract

Samples: Compensation Protection Agreement (CDW Corp)

Full Settlement; Resolution of Disputes. (a) The Company’s obligation to make any payments provided for in Section 3 of this Agreement and otherwise to perform its obligations hereunder thereunder 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 provided in Section 3(c) or Section 14. 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 Section 3 of this Agreement and, subject to Section 3(c) hereof, and such amounts shall not be reduced whether or not the Executive obtains other employment, except as provided in Section 3(c).

Appears in 1 contract

Samples: Compensation Protection Agreement (CDW Corp)

Full Settlement; Resolution of Disputes. (a) The Company’s 's obligation to make any 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, subject to Section 3(c) hereof, and such amounts shall not be reduced whether or not the Executive obtains other employmentemployment except to the extent provided in Section 3(b)(1).

Appears in 1 contract

Samples: Change in Control Agreement (Miller Herman Inc)

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Full Settlement; Resolution of Disputes. (a) The Company’s obligation to make any payments provided for in Section 3 of this Agreement and otherwise to perform its obligations hereunder thereunder 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 provided in Section 3(c). 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 Section 3 of this Agreement and, subject to Section 3(c) hereof, and such amounts shall not be reduced whether or not the Executive obtains other employment, except as provided in Section 3(c).

Appears in 1 contract

Samples: Compensation Protection Agreement (CDW Corp)

Full Settlement; Resolution of Disputes. (a) The Company’s 's --------------------------------------- obligation to make any 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, subject to Section 3(c) hereof, such amounts shall not be reduced reduced, except as set forth in Section 3(b), whether or not the Executive obtains other employment.

Appears in 1 contract

Samples: Form of Severance Agreement (Peapod Inc)

Full Settlement; Resolution of Disputes. (a) A. The Company’s 's obligation to make any 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, subject to except as provided in Section 3(c) hereof5(A)(iv), such amounts shall not be reduced whether or not the Executive obtains other employment.. The Company agrees to pay promptly as incurred, to the full extent permitted by law, all legal fees and expenses which the Executive may reasonably incur as a result of any contest (regardless of the outcome

Appears in 1 contract

Samples: Employment Agreement (Houston Lighting & Power Co)

Full Settlement; Resolution of Disputes. (a) The Company’s 's obligation to make any 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, subject to Section 3(c) hereof, such amounts shall not be reduced reduced, except as set forth in Section 3(b), whether or not the Executive obtains other employment.

Appears in 1 contract

Samples: Executive Form Severance Agreement (Peapod Inc)

Full Settlement; Resolution of Disputes. (a) The Company’s 's obligation to make any 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, subject to Section 3(c) hereof, such amounts shall not be reduced whether or not the Executive obtains other employment.

Appears in 1 contract

Samples: Severance Agreement (Aon Corp)

Full Settlement; Resolution of Disputes. (a) The Company’s obligation to make any payments provided for in Sections 3 or 5 of this Agreement and otherwise to perform its obligations hereunder thereunder 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 provided in Section 3(c). 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 Sections 3 or 5 of this Agreement and, subject to Section 3(c) hereof, and such amounts shall not be reduced whether or not the Executive obtains other employment, except as provided in Section 3(c).

Appears in 1 contract

Samples: Compensation Protection Agreement (CDW Finance Corp)

Full Settlement; Resolution of Disputes. (a) The Company’s 's obligation to make any 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, subject to except as provided in Section 3(c3(b) hereof, such amounts shall not be reduced whether or not the Executive obtains other employment.

Appears in 1 contract

Samples: Change in Control Severance Agreement (One Valley Bancorp Inc)

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