Common use of Mitigation and Set-Off Clause in Contracts

Mitigation and Set-Off. The Executive shall not be required to mitigate the amount of any payment provided for in this Agreement by seeking other employment or otherwise. The Trust shall not be entitled to set off against the amounts payable to the Executive under this Agreement any amounts owed to the Trust by the Executive, any amounts earned by the Executive in other employment after termination of his employment with the Trust, or any amounts which might have been earned by the Executive in other employment had he sought such other employment.

Appears in 9 contracts

Samples: Executive Protection Agreement (Prologis), Executive Protection Agreement (Prologis), Executive Protection Agreement (Prologis)

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Mitigation and Set-Off. The Executive shall not be required to ---------------------- mitigate the amount of any payment provided for in this Agreement by seeking other employment or otherwise. The Trust shall not be entitled to set set-off against the amounts payable to the Executive under this Agreement any amounts owed to the Trust by the Executive, or any amounts earned earned, or which could have been earned, by the Executive in other employment after termination the date of his Termination of Executive's employment with the Trust, or any amounts which might have been earned by the Executive in other employment had he sought such other employment.

Appears in 1 contract

Samples: Change in Control Agreement (Archstone Communities Trust/)

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Mitigation and Set-Off. The Executive shall not be required to mitigate the amount of any payment provided for in this Agreement by seeking other employment or otherwise. The Trust shall not be entitled to set off against the amounts payable to the Executive under this Agreement any amounts owed to the Trust by the Executive, any amounts earned by the Executive in other employment after termination of his her employment with the Trust, or any amounts which might have been earned by the Executive in other employment had he she sought such other employment.

Appears in 1 contract

Samples: Executive Protection Agreement (Prologis)

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