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.
Appears in 5 contracts
Samples: Employment Agreement (Shamrock Logistics Lp), Employment Agreement (Ultramar Diamond Shamrock Corp), Employment Agreement (Ultramar Diamond Shamrock Corp)
Mitigation and Offset. 8.1 Executive's ’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.
Appears in 2 contracts
Samples: Employment Agreement (Ultramar Diamond Shamrock Corp), Employment Agreement (Ultramar Diamond Shamrock Corp)
