Common use of Mitigation; Exclusivity of Benefits Clause in Contracts

Mitigation; Exclusivity of Benefits. (a) The Executive shall not be required to mitigate the amount of any benefits hereunder by seeking other employment or otherwise. The amount of severance to be provided pursuant to Section 3(a) hereof shall not be reduced by any compensation earned by the Executive as a result of employment by another employer after the Date of Termination or otherwise, but the amount of benefits to be provided pursuant to Section 3(b) hereof is subject to reduction as set forth therein. (b) The specific arrangements referred to herein are not intended to exclude any other benefits which may be available to the Executive upon a termination of employment with the Employers pursuant to employee benefit plans of the Employers or otherwise.

Appears in 6 contracts

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

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Mitigation; Exclusivity of Benefits. (a) The Executive shall not be required to mitigate the amount of any benefits hereunder by seeking other employment or otherwise. The , nor shall the amount of severance to be provided pursuant to Section 3(a) hereof shall not any such benefits be reduced by any compensation earned by the Executive as a result of employment by another employer after the Date of Termination or otherwise, but the amount of benefits to be provided pursuant to Section 3(b) hereof is subject to reduction except as set forth thereinin Section 3(b)(ii) above. (b) The specific arrangements referred to herein are not intended to exclude any other benefits which may be available to the Executive upon a termination of employment with the Employers pursuant to employee benefit plans of the Employers or otherwise.

Appears in 5 contracts

Samples: Change in Control Agreement (Emclaire Financial Corp), Change in Control Agreement (Emclaire Financial Corp), Change in Control Agreement (Emclaire Financial Corp)

Mitigation; Exclusivity of Benefits. (a) The Executive shall not be required to mitigate the amount of any benefits hereunder by seeking other employment or otherwise. The amount of severance to be provided pursuant to Section Sections 3(a) and 3(b) hereof shall not be reduced by any compensation earned by or benefits provided to the Executive as a result of employment by another employer after the Date of Termination or otherwise, but the amount of benefits to be provided pursuant to Section 3(b) hereof is subject to reduction as set forth therein. (b) The specific arrangements referred to herein are not intended to exclude any other benefits which may be available to the Executive upon a termination of employment with the Employers Employer pursuant to employee benefit plans of the Employers Employer or otherwise.

Appears in 3 contracts

Samples: Change in Control Agreement (Newalliance Bancshares Inc), Change in Control Agreement (Newalliance Bancshares Inc), Change in Control Agreement (Newalliance Bancshares Inc)

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Mitigation; Exclusivity of Benefits. (a) The Executive shall not be required to mitigate the amount of any benefits hereunder by seeking other employment or otherwise. The amount of severance to be provided pursuant to Section Sections 3(a) and 3(b) hereof shall not be reduced by any compensation earned by or benefits provided to the Executive as a result of employment by another employer after the Date of Termination or otherwise, but the amount of benefits to be provided pursuant to Section 3(b) hereof is subject to reduction as set forth therein. (b) The specific arrangements referred to herein are not intended to exclude any other benefits which may be available to the Executive upon a termination of employment with the Employers pursuant to employee benefit plans of the Employers or otherwise.

Appears in 1 contract

Samples: Change in Control Agreement (Newalliance Bancshares Inc)

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