Common use of Mitigation by Executive Clause in Contracts

Mitigation by Executive. During the first nine (9) months following any (i) termination of Executive by the Company without Cause, (ii) termination by Executive for Good Reason, or (iii) termination of Executive at the end of the Initial Term, the Executive shall have no obligation to mitigate amounts payable to him pursuant to Sections 16(c) or 16(d) hereunder by seeking comparable employment; provided, however that after such nine (9) months, Executive shall have the obligation to seek comparable employment and any amounts earned by him shall reduce any amounts payable by the Company under Section 16(c) or 16(d) hereof.

Appears in 2 contracts

Samples: Employment Agreement (Loehmanns Holdings Inc), Employment Agreement (Loehmanns Holdings Inc)

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Mitigation by Executive. During the first nine eighteen (918) months following any (i) termination of Executive by the Company without Cause, (ii) termination by Executive for Good Reason, or (iii) termination of Executive at the end of the Initial Term, the Executive shall have no obligation to mitigate amounts payable to him pursuant to Sections 16(c) or 16(d) hereunder by seeking comparable employment; provided, however that after such nine eighteen (918) months, Executive shall have the obligation to seek comparable employment and any amounts earned by him shall reduce any amounts payable by the Company under Section 16(c) or 16(d) hereof.

Appears in 2 contracts

Samples: Employment Agreement (Loehmanns Holdings Inc), Employment Agreement (Loehmanns Holdings Inc)

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