Mitigation and Offset. Executive shall not be required to mitigate the amount of any payment provided for in this Agreement by seeking employment or otherwise, nor to offset the amount of any payment provided for in this Agreement by amounts earned as a result of Executive's employment or self-employment during the period he is entitled to such payment.
Mitigation and Offset. If the Employee’s employment is terminated during the term of this Agreement pursuant to the provisions of paragraph 6(d), above, the Employee shall be under no duty or obligation to seek or accept other employment, and no payment or benefits of any kind due him under this Agreement shall be reduced, suspended or in any way offset by any subsequent employment. The obligation of the Employer to make the payments provided for in this Agreement shall not be affected by any circumstance including, by way of example rather than limitation, any set-off, counterclaim, recoupment, defense, or other right that the Employer may assert, or due to any other employment or source of income obtained by the Employee.
Mitigation and Offset. If the Employee’s employment is terminated during the term of this Agreement without Cause, the Employee shall be under no duty or obligation to seek or accept other employment, and no payment or benefits of any kind due him under this Agreement shall be reduced, suspended or in any way offset by any subsequent employment.
Mitigation and Offset. 13.0 Executive shall not be required to mitigate the amount of any payment provided for in this Agreement by seeking employment or otherwise, nor to offset the amount of any payment provided for in this Agreement by amounts earned as a result of Executive’s employment or self-employment during the period he is entitled to such payment.
Mitigation and Offset. The Executive is under no obligation to mitigate damages or the amount of any payment or benefit provided for hereunder by seeking other employment or otherwise; provided, however, that the Executive's coverage under the Company's welfare benefit plans will be reduced to the extent that the Executive becomes covered under any comparable employee benefit plan made available by another employer and covering the same type of benefits. The Executive will report to the Company any such benefits actually received by him.
Mitigation and Offset. If the Employee’s employment is terminated during the term of this Agreement pursuant to TRYCERA, the Employee shall be under no duty or obligation to seek or accept other employment, and no payment or benefits of any kind due him under this Agreement shall be reduced, suspended or in any way offset by any subsequent employment. The obligation of TRYCERA to make the payments provided for in this Agreement shall not be affected by any circumstance including, by way of example rather than limitation, any set-off, counterclaim, recoupment, defense, or other right that TRYCERA may assert, or due to any other employment or source of income obtained by the Employee.
Mitigation and Offset. The payment of severance compensation by the Company to the Executive in accordance with the terms of the Agreement is hereby acknowledged by the Company to be reasonable, and the Executive is under no obligation to mitigate damages or the amount of any payment provided for hereunder by seeking other employment or otherwise; nor will any profits, income, earnings or other benefits from any source whatsoever create any mitigation, offset, reduction or any other obligation on the part of the Executive hereunder or otherwise, except as expressly provided in the last sentence of Section 5.5(i)(d).
Mitigation and Offset. 8.1 Executive's right to receive when due the payments and other benefits provided for under and in accordance with the terms of this Agreement is absolute, unconditional and subject to no set-off, counterclaim or legal equitable defense. Any claim which the Company may have against Executive, whether for breach of this Agreement or otherwise, shall be brought in a separate action or proceeding and not part of any action or proceeding brought by Executive to enforce the rights against the Company under this Agreement.
Mitigation and Offset. Executive shall not be required to seek or accept other employment, or otherwise to mitigate damages, as a condition to the receipt of payments and benefits pursuant to this Section 3, and such payments and benefits shall not be offset by any compensation or other amounts received from any other source, provided that to the extent Executive’s COBRA coverage is terminated by reason of Executive’s coverage under another medical plan (or for any other reason), the Company’s obligation to pay the amounts described in Section 3.3(b) shall terminate. Notwithstanding the foregoing, the Company may offset any amount payable to Executive by any amount owed by Executive to the Company or any of its affiliates, to the extent permitted by Section 409A of the Code.
Mitigation and Offset. In no event shall Executive be obligated to seek other employment or take any other action to mitigate the amounts payable to Executive under any provision of this Agreement. If Executive’s employment terminates pursuant to SECTION 4(b), such termination is not a Qualifying Termination and Executive becomes entitled to receive compensation from a subsequent employer before the 24-month or 12-month period, as applicable, described in SECTION 8(b) ends, then the monthly amounts payable to Executive pursuant to SECTION 8(c) shall be reduced by the monthly amount Executive is entitled to receive from such subsequent employer.
