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 under this Agreement by seeking other employment or otherwise. The amount of severance to be provided pursuant to Section 2 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. (b) If the Executive is entitled to severance compensation under this Agreement and severance benefits under any other agreement between the Company and the Executive, such entitlement shall not be cumulative, and the Executive shall be entitled to the benefits under either this Agreement or the other agreement between the Company and the Executive, whichever is greater.

Appears in 2 contracts

Samples: Management Change of Control Severance Agreement (Cabelas Inc), Management Change of Control Severance Agreement (Cabelas Inc)

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Mitigation; Exclusivity of Benefits. (a) The Executive shall not be required to mitigate the amount of any benefits under this Agreement by seeking other employment or otherwise. The amount of severance to be provided pursuant to Section 2 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. (b) If The specific arrangements referred to in this Agreement are not intended to exclude any other benefits which may be available to the Executive is entitled to severance compensation under this Agreement and severance benefits under any other agreement between upon a termination of employment with the Company and the Executive, such entitlement shall not be cumulative, and the Executive shall be entitled pursuant to the benefits under either this Agreement or the other agreement between employee benefit plans of the Company and the Executive, whichever is greateror otherwise.

Appears in 2 contracts

Samples: Management Change of Control Severance Agreement (Cabelas Inc), Management Change of Control Severance Agreement (Cabelas Inc)

Mitigation; Exclusivity of Benefits. (a) The Executive shall not be required to mitigate the amount of any benefits under this Agreement by seeking other employment or otherwise. The amount of severance to be provided pursuant to Section 2 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. (b) If The specific arrangements referred to in this Agreement are not intended to exclude any other benefits which may be available to the Executive is entitled to severance compensation under this Agreement and severance benefits under any other agreement between upon a termination of employment with the Company and the Executive, such entitlement shall not be cumulative, and the Executive shall be entitled or WFB pursuant to the benefits under either this Agreement or the other agreement between employee benefit plans of the Company and the Executive, whichever is greateror otherwise.

Appears in 1 contract

Samples: Management Change of Control Severance Agreement (Cabelas Inc)

Mitigation; Exclusivity of Benefits. (a) 2.5.1 The Executive shall not be required to mitigate the amount of any benefits under this Agreement by seeking other employment or otherwise. The amount of severance benefits to be provided pursuant to Section 2 2.1 hereof shall not be reduced by any compensation earned by or benefits payable or provided to the Executive as a result of employment by another employer after the Date date of Termination termination or otherwise. (b) If 2.5.2 The specific arrangements referred to in this Agreement are not intended to exclude any other benefits which may be available to the Executive is entitled upon a termination of employment with the Company pursuant to severance compensation under this Agreement and severance benefits under any other agreement between the Company and the Executive, such entitlement shall not be cumulative, and the Executive shall be entitled to the benefits under either this Agreement including any employment or the other agreement between the Company and the Executive, whichever is greaterseverance agreement.

Appears in 1 contract

Samples: Change in Control Agreement (Gsi Commerce Inc)

Mitigation; Exclusivity of Benefits. (a) The Executive shall not be required to mitigate the amount of any benefits under this Agreement by seeking other employment or otherwise. The hereunder, nor shall the amount of severance to be provided pursuant to Section 2 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. (b) If The specific arrangements referred to herein are not intended to exclude any other benefits which may be available to the Executive is entitled upon a termination of employment with the Employers pursuant to severance compensation under this Agreement and severance benefits under any other agreement between employee benefit plans of the Company and the Executive, such entitlement shall not be cumulative, and the Executive shall be entitled to the benefits under either this Agreement Employers or the other agreement between the Company and the Executive, whichever is greaterotherwise.

Appears in 1 contract

Samples: Change in Control Severance Agreement (Silvergate Capital Corp)

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Mitigation; Exclusivity of Benefits. (a) The Executive shall not be required to mitigate the amount of any benefits under this Agreement hereunder by seeking other employment or otherwise. The , nor shall the amount of severance to be provided pursuant to Section 2 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. (b) If The specific arrangements referred to herein are not intended to exclude any other vested benefits which may be available to the Executive is entitled upon a termination of employment with the Employers pursuant to severance compensation under this Agreement and severance benefits under any other agreement between employee benefit plans of the Company and the Executive, such entitlement shall not be cumulative, and the Executive shall be entitled to the benefits under either this Agreement Bank or the other agreement between the Company and the Executive, whichever is greaterCorporation or otherwise.

Appears in 1 contract

Samples: Transition Agreement (Home Federal Bancorp, Inc. Of Louisiana)

Mitigation; Exclusivity of Benefits. (a) The Executive shall not be required to mitigate the amount of any benefits under this Agreement hereunder by seeking other employment or otherwise. The amount of severance to be provided pursuant to Section 2 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. (b) If The specific arrangements referred to herein are not intended to exclude any other benefits which may be available to the Executive is entitled to severance compensation under this Agreement and severance benefits under any other agreement between upon a termination of employment with the Company and the Executive, such entitlement shall not be cumulative, and the Executive shall be entitled pursuant to the benefits under either this Agreement or the other agreement between employee benefit plans of the Company and the Executive, whichever is greateror otherwise.

Appears in 1 contract

Samples: Employment Agreement (Union Bankshares Corp)

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