Common use of Mitigation of Damages Clause in Contracts

Mitigation of Damages. Executive shall not be required to mitigate damages or the amount of any payment provided for under this Agreement by seeking other employment or otherwise after the termination of his employment hereunder.

Appears in 31 contracts

Samples: Employment Agreement (Medcath Corp), Employment Agreement (Medcath Corp), Employment Agreement (Medcath Corp)

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Mitigation of Damages. Executive shall not be required to mitigate damages or the amount of any payment provided for under this Agreement by seeking other employment or otherwise after the termination of his employment hereunder, and any amounts earned by Executive, whether from self-employment, as a common-law employee or otherwise, shall not reduce the amount of any payments otherwise payable to him pursuant to this Agreement.

Appears in 19 contracts

Samples: Employment Agreement (Seminis Inc), Employment Agreement (Seminis Inc), Employment Agreement (Seminis Inc)

Mitigation of Damages. Executive shall not be required to mitigate damages or the amount of any payment provided for under this Agreement by seeking other employment or otherwise after otherwise. The amounts provided for under this Agreement shall not be reduced by any compensation earned or benefits received by the termination Executive as the result of his self-employment hereunderor employment by another employer or otherwise.

Appears in 15 contracts

Samples: Executive Employment Agreement (MPS Group Inc), Executive Employment Agreement (MPS Group Inc), Executive Employment Agreement (MPS Group Inc)

Mitigation of Damages. Executive shall not be required to mitigate damages or the amount of any payment provided for under this Agreement by seeking other employment or otherwise after the termination of his employment hereunder, and any amounts earned by Executive, whether from self-employment, as a common-law employee or otherwise, shall not reduce the amount of any Termination Amount otherwise payable to him.

Appears in 8 contracts

Samples: Employment Agreement (Tyson Foods Inc), Employment Agreement (Tyson Foods Inc), Employment Agreement (Tyson Foods Inc)

Mitigation of Damages. The Executive shall not be required to --------------------- mitigate damages or the amount of any payment provided for under this Agreement by seeking other employment or otherwise after otherwise, nor shall the termination amount of his any payment provided for under this Agreement be reduced by any compensation earned by the Executive as the result of self-employment hereunderor employment by another employer or otherwise.

Appears in 3 contracts

Samples: Employment Agreement (Strategix Solutions Inc), Employment Agreement (Strategix Solutions Inc), Employment Agreement (Strategix Solutions Inc)

Mitigation of Damages. Executive shall not be required to mitigate damages or the amount of any payment provided for under this Agreement by seeking other employment or otherwise after the termination of his employment hereunder, and no amounts earned by Executive, whether from self-employment, as a common-law employee or otherwise, shall reduce the amount of any termination amount otherwise payable to him.

Appears in 3 contracts

Samples: Employment Agreement (Brunos Inc), Employment Agreement Agreement (Brunos Inc), Employment Agreement (Brunos Inc)

Mitigation of Damages. Executive shall not be required to mitigate damages or the amount of any payment provided for under this Agreement by seeking other employment or otherwise after the termination of his employment hereunder, and any amounts earned by Executive, whether from self-employment, as a common-law employee or otherwise, shall not reduce the amount of any payments otherwise payable to him.

Appears in 2 contracts

Samples: Employment Agreement (Marina Biotech, Inc.), Employment Agreement (Marina Biotech, Inc.)

Mitigation of Damages. Executive shall not be required to mitigate damages or the amount of any payment provided for under this Agreement by seeking other employment or otherwise after the termination of his her employment hereunder, and any amounts earned by Executive, whether from self-employment, as a common-law employee or otherwise, shall not reduce the amount of any payments otherwise payable to her.

Appears in 2 contracts

Samples: Employment Agreement (Adhera Therapeutics, Inc.), Employment Agreement (Adhera Therapeutics, Inc.)

Mitigation of Damages. Executive shall not be required to mitigate damages or the amount of any payment provided for under this Agreement by seeking other employment or otherwise after the termination of his her employment hereunder.

Appears in 2 contracts

Samples: Employment Agreement (Medcath Corp), Employment Agreement (Qmed Inc)

Mitigation of Damages. The Executive shall not be required to mitigate damages or the amount of any payment provided for under this Agreement by seeking other employment or otherwise otherwise, nor shall the amount of any payment provided for under this Agreement be reduced by any compensation earned by the Executive as a result of employment by another employer after the termination Date of his employment hereunderTermination, or otherwise, except to the extent provided in Section 4 above.

Appears in 2 contracts

Samples: Employment Agreement (National Wireless Holdings Inc), Consulting Agreement (National Wireless Holdings Inc)

Mitigation of Damages. The Executive shall not be required to mitigate damages or the amount of any payment provided for under this Agreement by seeking other employment or otherwise after otherwise, nor shall the termination amount of his any payment provided for under this Agreement be reduced by any compensation earned by the Executive as the result of self-employment hereunderor employment by another employer or otherwise.

Appears in 2 contracts

Samples: Executive Employment Agreement (Modis Professional Services Inc), Executive Employment Agreement (Modis Professional Services Inc)

Mitigation of Damages. Executive shall not be required to mitigate damages or the amount of any payment provided for under this Agreement by seeking other employment or otherwise after the termination of his employment hereunder, and any amounts earned by Executive, whether from self-employment, as a common-law employee or otherwise, shall not reduce the amount of any payments or benefits payable to Executive upon the termination of his employment pursuant to this Section 3.

Appears in 2 contracts

Samples: Employment Agreement (Viewpoint Corp), Employment Agreement (Viewpoint Corp)

Mitigation of Damages. The Executive shall not be required to mitigate damages or the amount of any payment or benefits provided for under this Agreement by seeking other employment or otherwise after the termination of his employment hereunder.

Appears in 2 contracts

Samples: Employment Agreement (CNB Corp /Sc/), Employment Agreement (CNB Corp /Sc/)

Mitigation of Damages. Executive shall not be required to mitigate damages or the amount of any payment provided for under this Agreement by seeking other employment or otherwise after the termination of his employment hereunder, and the amounts earned by Executive, whether from self-employment, as a common-law employee or otherwise, shall not reduce the amount of any Termination Amount otherwise payable to him.

Appears in 1 contract

Samples: Stock Purchase Agreement (At&t Capital Corp /De/)

Mitigation of Damages. Executive shall not be required to mitigate damages or the amount of any payment provided for under this Agreement by seeking other employment or otherwise otherwise, and, after the his termination of his employment hereunder, any payments made by the Company hereunder shall not be reduced by any amount Executive receives from any other such employment.

Appears in 1 contract

Samples: Employment Agreement (7th Level Inc)

Mitigation of Damages. Executive shall not be required to --------------------- mitigate damages or the amount of any payment provided for under this Agreement by seeking other employment or otherwise after the termination of his employment hereunderhereunder and no amounts earned by Executive, whether from self-employment, as a common-law employee or otherwise, shall reduce the amount of any Termination Payment otherwise payable to him.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Lg&e Energy Corp)

Mitigation of Damages. Executive shall not be required to mitigate damages or the amount of any payment provided for under this Agreement by seeking other employment or otherwise after the termination of his [his/her] employment hereunder.

Appears in 1 contract

Samples: Employment Agreement (Hotjobs Com LTD)

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Mitigation of Damages. Executive shall not be required to mitigate damages or the amount of any payment provided for under this Agreement by seeking other employment or otherwise after otherwise. The amount of any payment provided for under this Agreement shall not be reduced by any compensation earned or benefits received by the termination Executive as the result of his self-employment hereunderor employment by another employer or otherwise.

Appears in 1 contract

Samples: Executive Employment Agreement (Modis Professional Services Inc)

Mitigation of Damages. Executive shall not be required to --------------------- mitigate damages or the amount of any payment provided for under this Agreement by seeking other employment or otherwise after the termination of his employment hereunder.

Appears in 1 contract

Samples: Employment Agreement (Brunos Inc)

Mitigation of Damages. Executive shall not be required to mitigate damages or the amount of any payment provided for under this Agreement by seeking other employment (which may include self-employment) or otherwise otherwise, and, after the her termination of his employment hereunder, any payments made by the Company hereunder shall not be reduced by any amount Executive receives from any other such employment.

Appears in 1 contract

Samples: Employment Agreement (Danskin Inc)

Mitigation of Damages. Executive shall not be required to mitigate damages or the amount of any payment provided for under this Agreement by seeking other employment or otherwise after the termination of his employment 355 hereunder, and any amounts earned by Executive, whether from self-employment, as a common-law employee or otherwise, shall not reduce the amount of any Termination Amount otherwise payable to him.

Appears in 1 contract

Samples: Employment Agreement (Tyson Foods Inc)

Mitigation of Damages. Executive shall not be required to mitigate --------------------- damages or the amount of any payment provided for under this Agreement by seeking other employment (which may include self-employment) or otherwise otherwise, and, after the his termination of his employment hereunder, any payments made by the Company hereunder shall not be reduced by any amount Executive receives from any other such employment.

Appears in 1 contract

Samples: Employment Agreement (7th Level Inc)

Mitigation of Damages. The Executive shall not be required to mitigate --------------------- damages or the amount of any payment provided for under this Agreement by seeking other employment or otherwise after otherwise, nor shall the termination amount of his any payment provided for under this Agreement be reduced by any compensation earned by the Executive as the result of self-employment hereunderor employment by another employer or otherwise.

Appears in 1 contract

Samples: Employment Agreement (Strategix Solutions Inc)

Mitigation of Damages. Executive shall not be required to mitigate damages or the amount of any payment or benefit provided for under this Agreement by seeking other employment or otherwise, nor shall any amounts received or hereby provided from employment or otherwise after by Executive affect in any manner the termination obligations of his employment the Company hereunder.

Appears in 1 contract

Samples: Confidential Employment Agreement (Latrobe Specialty Metals, Inc.)

Mitigation of Damages. Executive shall not be required to mitigate damages or the amount of any payment provided for under this Agreement by seeking other employment or otherwise after the termination of his employment hereunder, and any amounts earned by Executive, whether from self-employment, as a common- law employee or otherwise, shall not reduce the amount of any payments or benefits payable to Executive upon the termination of his employment pursuant to this Section 3.

Appears in 1 contract

Samples: Employment Agreement (Viewpoint Corp)

Mitigation of Damages. Executive shall not be required to mitigate damages or the amount of any payment provided for under this Agreement by seeking other employment or otherwise after the termination of his employment hereunderhereunder and neither any such damages nor the amount of any payment provided for under this Agreement shall be subject to offset or any other reduction by reason of Executive's securing other employment.

Appears in 1 contract

Samples: Employment Agreement (Brunos Inc)

Mitigation of Damages. Executive shall not be required to mitigate damages or the amount of any payment provided for under this Agreement by seeking other employment or otherwise after the termination of his employment hereunder, and any amounts earned by Executive, whether from self-employment or other employment shall not reduce the amount of any Severance Pay called for herein.

Appears in 1 contract

Samples: Employment Agreement (Employers Holdings, Inc.)

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