Mitigation. The Executive shall not be required to mitigate the amount of any payment or benefits provided for in this Section 4 by seeking other employment or otherwise. Further, except as provided in Section 4.2(a)(ii), the amount of any payment or benefits provided for in this Section 4 shall not be reduced by any compensation earned by the Executive as a result of employment by another employer, by retirement benefits, by offset against any amount claimed to be owed by the Executive to the Company or otherwise.
Appears in 61 contracts
Samples: Executive Retention Agreement, Executive Retention Agreement (Kadant Inc), Executive Retention Agreement (Sepracor Inc /De/)
Mitigation. The Executive shall not be required to mitigate the amount of any payment or benefits provided for in this Section 4 4.1(a), Section 4.2(a) or Section 4.2(b) by seeking other employment or otherwise. Further, except as provided in Section 4.2(a)(ii4.1(a)(iii), Section 4.2(a)(iii) or Section 4.2(b)(iii), the amount of any payment or benefits provided for in this Section 4 4.1(a), Section 4.2(a) or Section 4.2(b) shall not be reduced by any compensation earned or benefits received by the Executive as a result of employment by another employer, by retirement benefits, by offset against any amount claimed to be owed by the Executive to the Company or otherwise.
Appears in 32 contracts
Samples: Executive Severance Agreement, Executive Severance Agreement (American Superconductor Corp /De/), Severance Agreement (American Superconductor Corp /De/)
Mitigation. The Executive shall not be required to mitigate the amount of any payment or benefits provided for in this Section 4 by seeking other employment or otherwise. Further, except as provided in Section 4.2(a)(ii), the amount of any payment or benefits provided for in this Section 4 shall not be reduced by any compensation earned by the Executive as a result of employment by another employer, by retirement benefits, by offset against any amount claimed to be owed by the Executive to the Company or otherwise.
Appears in 30 contracts
Samples: Executive Retention Agreement (Myriad Genetics Inc), Retention Agreement (Myriad Genetics Inc), Executive Severance Agreement (Endurance International Group Holdings, Inc.)
Mitigation. The Executive shall not be required to mitigate the amount of any payment or benefits provided for in this Section 4 by seeking other employment or otherwise. Further, except as provided in Section 4.2(a)(ii4.1(a)(ii), the amount of any payment or benefits provided for in this Section 4 shall not be reduced by any compensation earned by the Executive as a result of employment by another employer, by retirement benefits, by offset against any amount claimed to be owed by the Executive to the Company or otherwise.
Appears in 26 contracts
Samples: Executive Change in Control Retention Agreement (Thermo Fisher Scientific Inc.), Control Retention Agreement (Thermo Fisher Scientific Inc.), Executive Change in Control Retention Agreement (Thermo Fisher Scientific Inc.)
Mitigation. The Executive shall not be required to mitigate the amount of any payment or benefits provided for in this Section 4 by seeking other employment or otherwise. Further, except as provided in Section 4.2(a)(ii4.1(a)(iii), the amount of any payment or benefits provided for in this Section 4 shall not be reduced by any compensation earned by the Executive as a result of employment by another employer, by retirement benefits, by offset against any amount claimed to be owed by the Executive to the Company or otherwise.
Appears in 23 contracts
Samples: Executive Retention Agreement (Bottomline Technologies Inc /De/), Executive Retention Agreement (Bottomline Technologies Inc /De/), Retention Agreement (Netegrity Inc)
Mitigation. The Executive shall not be required to mitigate damages or the amount of any payment or benefits provided for in this to him under Section 4 of this Agreement by seeking other employment or otherwise. Further, except as provided in Section 4.2(a)(ii), nor shall the amount of any payment or benefits payments provided for in this to Executive under Section 4 shall not be reduced by any compensation earned by the Executive as a the result of employment by another employer, by retirement benefits, by offset against any amount claimed to be owed by employer after the Executive to the Company termination of Executive’s employment or otherwise.
Appears in 19 contracts
Samples: Employment Agreement (United Rentals North America Inc), Employment Agreement (United Rentals North America Inc), Employment Agreement (FCB Financial Holdings, Inc.)
Mitigation. The Executive shall not be required to mitigate the amount of any payment or benefits provided for in this Section 4 by seeking other employment or otherwise. Further, except as provided in Section 4.2(a)(ii) and 4.3(a)(ii), the amount of any payment or benefits provided for in this Section 4 shall not be reduced by any compensation earned by the Executive as a result of employment by another employer, by retirement benefits, by offset against any amount claimed to be owed by the Executive to the Company or otherwise.
Appears in 11 contracts
Samples: Retention Agreement (Network Engines Inc), Retention Agreement (Network Engines Inc), Executive Retention Agreement (Network Engines Inc)
Mitigation. The Executive shall not be required to mitigate the amount of any payment or benefits provided for the Company becomes obligated to make to Executive in connection with this Section 4 Agreement by seeking other employment or otherwise. Further, except as provided in Section 4.2(a)(ii), the The amount of any payment or benefits provided for in this Section 4 4(e) above shall not be reduced reduced, offset or subject to recovery by the Company by reason of any compensation earned by the Executive as a result of employment by another employeremployer after the termination of Executive’s employment, by retirement benefits, by offset against any amount claimed to be owed by the Executive to the Company or otherwise.
Appears in 9 contracts
Samples: Employment Agreement (Repay Holdings Corp), Employment Agreement (Repay Holdings Corp), Employment Agreement (Repay Holdings Corp)
Mitigation. The Executive shall not be required to mitigate the amount of any payment or benefits provided for in this Section 4 by seeking other employment or otherwise. Further, except as provided in Section 4.2(a)(iiSections 4.2 (a)(ii) and (b)(ii), the amount of any payment or benefits provided for in this Section 4 shall not be reduced by any compensation earned by the Executive as a result of employment by another employer, by retirement benefits, by offset against any amount claimed to be owed by the Executive to the Company or otherwise.
Appears in 7 contracts
Samples: Retention Agreement, Executive Retention Agreement (Vistaprint LTD), Executive Retention Agreement (Vistaprint LTD)
Mitigation. The Executive shall not be required to mitigate the amount of any payment payments or the entitlement to any benefits provided for in this under Section 4 4.2(b) or 4.3 by seeking other employment or otherwise. Further, except as provided in Section 4.2(a)(ii), the amount of nor shall any payment or benefits benefit provided for in this such Section 4 shall not be reduced by any compensation or remuneration and/or benefits earned by the Executive as a result of employment by another employer, by retirement benefits, by offset against any amount claimed to be owed by employer or the Executive to rendering of services after the Company or otherwisedate of termination.
Appears in 7 contracts
Samples: Employment Agreement (SSR Mining Inc.), Employment Agreement (SSR Mining Inc.), Employment Agreement (SSR Mining Inc.)
Mitigation. The Executive shall not be required to mitigate the amount of any payment or benefits provided for in this Section 4 by seeking other employment or otherwise. Further, except as provided in Section 4.2(a)(ii)4.5, the amount of any payment or benefits provided for in this Section 4 shall not be reduced by any compensation earned by the Executive as a result of employment by another employer, by retirement benefits, by offset against any amount claimed to be owed by the Executive to the Company or otherwise.
Appears in 6 contracts
Samples: Executive Retention Agreement (TransMedics Group, Inc.), Executive Retention Agreement (TransMedics Group, Inc.), Retention Agreement (TransMedics Group, Inc.)
Mitigation. The Executive shall not be required to mitigate the amount of any payment or benefits provided for in this Section Sections 3 or 4 by seeking other employment or otherwise. Further, except as provided in Section 4.2(a)(ii), the amount of any payment or benefits provided for in this Section Sections 3 and 4 shall not be reduced by any compensation earned by the Executive as a result of employment by another employer, by retirement benefits, by offset against any amount claimed to be owed by the Executive to the Company Company, or otherwise.
Appears in 5 contracts
Samples: Severance and Change of Control Agreement (Adnexus Therapeutics, Inc.), Severance and Change of Control Agreement (Adnexus Therapeutics, Inc.), Severance and Change of Control Agreement (Adnexus Therapeutics, Inc.)
Mitigation. The Executive shall not be required to mitigate the amount of any payment or benefits provided for in this Section 4 by seeking other employment or otherwise. Further, except as provided in Section 4.2(a)(ii4.1(a)(v), the amount of any payment or benefits provided for in this Section 4 shall not be reduced by any compensation earned by the Executive as a result of employment by another employer, by retirement benefits, by offset against any amount claimed to be owed by the Executive to the Company or otherwise.
Appears in 4 contracts
Samples: Executive Retention Agreement (Bottomline Technologies Inc), Executive Retention Agreement (Bottomline Technologies Inc), Executive Retention Agreement (Bottomline Technologies Inc /De/)
Mitigation. The For the avoidance of doubt, the Executive shall not be required to mitigate the amount of any payment or benefits provided for in this Section 4 by seeking other employment or otherwise. Further, except as provided in subject to Section 4.2(a)(ii)8.1, the amount of any payment or benefits provided for in this Section 4 shall not be reduced by any compensation earned by the Executive as a result of employment by another employer, by retirement benefits, by offset against any amount claimed to be owed by the Executive to the Company or otherwise.
Appears in 4 contracts
Samples: Executive Retention Agreement (Aspen Technology, Inc.), Executive Retention Agreement (Aspen Technology Inc /De/), Executive Retention Agreement (Aspen Technology Inc /De/)
Mitigation. The Executive shall not be required to mitigate ---------- the amount of any payment or benefits provided for in this Section 4 by seeking other employment or otherwise. Further, except as provided in Section 4.2(a)(ii4.1(a)(ii), the amount of any payment or benefits provided for in this Section 4 shall not be reduced by any compensation earned by the Executive as a result of employment by another employer, by retirement benefits, by offset against any amount claimed to be owed by the Executive to the Company or otherwise.
Appears in 3 contracts
Samples: Opnet Technologies Inc, Opnet Technologies Inc, Opnet Technologies Inc
Mitigation. The Executive shall not be required to mitigate the amount of any payment or benefits provided for in this Section 4 by seeking other employment or otherwise. Further, except as otherwise provided in Section 4.1(a)(ii) or Section 4.2(a)(ii), the amount of any payment or benefits provided for in this Section 4 shall not be reduced by any compensation earned by the Executive as a result of employment by another employer, by retirement benefits, by offset against any amount claimed to be owed by the Executive to the Company or otherwise.
Appears in 3 contracts
Samples: Control Agreement (Myrexis, Inc.), Control Agreement (Myriad Pharmaceuticals, Inc.), Control Agreement (Myriad Pharmaceuticals, Inc.)
Mitigation. The Executive shall not be required to mitigate the ---------- amount of any payment or benefits provided for in this Section 4 by seeking other employment or otherwise. Further, except as provided in Section 4.2(a)(ii4.1(a)(ii), the amount of any payment or benefits provided for in this Section 4 shall not be reduced by any compensation earned by the Executive as a result of employment by another employer, by retirement benefits, by offset against any amount claimed to be owed by the Executive to the Company or otherwise.
Appears in 3 contracts
Samples: Opnet Technologies Inc, Opnet Technologies Inc, Opnet Technologies Inc
Mitigation. The Executive shall not be required to mitigate the amount of any payment or benefits provided for in this Section 4 by seeking other employment or otherwise. Further, except as provided in Section 4.2(a)(ii4.2(a)(iii), the amount of any payment or benefits provided for in this Section 4 shall not be reduced by any compensation earned by the Executive as a result of employment by another employer, by retirement benefits, by offset against any amount claimed to be owed by the Executive to the Company Company, or otherwise.
Appears in 3 contracts
Samples: Officer Executive Retention Agreement (Syneron Medical Ltd.), Officer Executive Retention Agreement (Candela Corp /De/), Retention Agreement (Candela Corp /De/)
Mitigation. The Executive shall not be required to mitigate damages or the amount of any payment or benefits that might be provided for in this to Executive under Section 4 of this Agreement by seeking other employment or otherwise. Further, except as provided in Section 4.2(a)(ii), nor shall the amount of any payment or benefits payments that might be provided for in this to Executive under Section 4 shall not be reduced by any compensation earned by the Executive as a the result of employment by another employer, by retirement benefits, by offset against any amount claimed to be owed by employer after the Executive to the Company termination of Executive’s employment or otherwise.
Appears in 3 contracts
Samples: Indemnification Agreement (United Rentals North America Inc), Indemnification Agreement (United Rentals North America Inc), Indemnification Agreement (United Rentals North America Inc)
Mitigation. The Executive shall not be required to mitigate the amount of any payment or benefits provided for in this Section 4 by seeking other employment or otherwise4. Further, except as provided in Section 4.2(a)(ii4.2(b), the amount of any payment or benefits provided for in this Section 4 shall not be reduced by any compensation earned by the Executive as a result of employment by another employer, by retirement benefits, by offset against any amount claimed to be owed by the Executive to the Company or otherwise.
Appears in 3 contracts
Samples: Executive Retention Agreement (Sepracor Inc /De/), Executive Retention Agreement (Sepracor Inc /De/), Executive Retention Agreement (Sepracor Inc /De/)
Mitigation. The Executive shall not be required to mitigate the amount of any payment or benefits provided for in this Section 4 by seeking other employment or otherwise. Further, except as provided in Section 4.2(a)(ii)4.2(a)(iii) hereof, the amount of any payment or benefits provided for in this Section 4 shall not be reduced by any compensation earned by the Executive as a result of employment by another employer, by retirement benefits, by offset against any amount claimed to be owed by the Executive to the Company or otherwise.
Appears in 3 contracts
Samples: Executive Retention Agreement (Epresence Inc), Executive Retention Agreement (Epresence Inc), Executive Retention Agreement (Epresence Inc)
Mitigation. The Executive shall not be required to mitigate the ---------- amount of any payment or benefits provided for in this Section 4 by seeking other employment or otherwise. Further, except as provided in Section 4.2(a)(ii)) hereof, the amount of any payment or benefits provided for in this Section 4 shall not be reduced by any compensation earned by the Executive as a result of employment by another employer, by retirement benefits, by offset against any amount claimed to be owed by the Executive to the Company or otherwise.
Appears in 3 contracts
Samples: Executive Retention Agreement (Banyan Systems Inc), Executive Retention Agreement (Banyan Systems Inc), Executive Retention Agreement (Banyan Systems Inc)
Mitigation. The Executive shall not be required to mitigate the amount of any payment or benefits provided for in this Section 4 by seeking other employment or otherwise. Further, except as provided in Section 4.2(a)(ii4.1(a)(ii), the amount of any payment or benefits provided for in this Section 4 shall not be reduced by any compensation earned by the Executive as a result of employment by another employer, by retirement benefits, by offset against any amount claimed to be owed by the Executive to the Company AWI or AWHI or otherwise.
Appears in 3 contracts
Samples: Executive Employment Agreement (Arch Wireless Inc), Executive Employment Agreement (Arch Wireless Inc), Executive Employment Agreement (Arch Wireless Inc)
Mitigation. The Executive shall not be required to mitigate the amount of any payment or benefits provided for in this Section 4 by seeking other employment or otherwise. Further, except as provided in Section 4.2(a)(ii), the amount of any payment or benefits provided for in this Section 4 shall not be reduced by any compensation earned by the Executive as a result of employment by another employer, by retirement benefits, by offset against any amount claimed to be owed by the Executive to the Company or otherwise.
Appears in 3 contracts
Samples: Executive Retention Agreement (Bioclinica Inc), Retention Agreement (Bio Imaging Technologies Inc), Employment Agreement (Bioclinica Inc)
Mitigation. The Executive shall not be required to mitigate the amount of any payment or benefits provided for in this Section 4 by seeking other employment or otherwise. Further, except as provided in Sections 4.2(a)(ii) and (b)(ii) and in Section 4.2(a)(ii)8.9, the amount of any payment or benefits provided for in this Section 4 shall not be reduced by any compensation earned by the Executive as a result of employment by another employer, by retirement benefits, by offset against any amount claimed to be owed by the Executive to the Company or otherwise.
Appears in 3 contracts
Samples: Executive Retention Agreement (Cimpress N.V.), Executive Retention Agreement (Cimpress N.V.), Executive Retention Agreement (Cimpress N.V.)
Mitigation. The Executive shall not be required to mitigate the amount of any payment or benefits provided for in this Section 4 Sections 3.1 and 4.2.2 by seeking other employment or otherwise. Further, except as provided in Section 4.2(a)(ii), the amount of any payment or benefits provided for in this Section 4 Agreement shall not be reduced by any compensation earned by the Executive as a result of employment by another employer, by retirement benefits, by offset against any amount claimed to be owed by the Executive to the Company or otherwise.
Appears in 3 contracts
Samples: Executive Severance and Retention Agreement (Oclaro, Inc.), Release Agreement (Oclaro, Inc.), Release Agreement (Oclaro, Inc.)
Mitigation. The Executive shall not be required to mitigate the amount of any payment or benefits provided for in this Section 4 3 by seeking other employment or otherwise. Further, except as provided in Section 4.2(a)(ii3.1(a)(ii), the amount of any payment or benefits provided for in this Section 4 3 shall not be reduced by any compensation earned by the Executive as a result of employment by another employer, by retirement benefits, by offset against any amount claimed to be owed by the Executive to the Company or otherwise.
Appears in 2 contracts
Samples: Executive Severance Agreement (Thermo Fisher Scientific Inc.), Executive Change in Control Retention Agreement (Thermo Fisher Scientific Inc.)
Mitigation. The Executive shall not be required to mitigate the amount of any payment or benefits provided for in this Section 4 by seeking other employment or otherwise. Further, except as provided in Section 4.2(a)(ii4.1(a)(ii) or (b)(ii), the amount of any payment or benefits provided for in this Section 4 shall not be reduced by any compensation earned by the Executive as a result of employment by another employer, by retirement benefits, by offset against any amount claimed to be owed by the Executive to the Company or otherwise.
Appears in 2 contracts
Samples: Senior Executive Retention Agreement (Kronos Inc), Kronos Incorporated Summary of Terms (Kronos Inc)
Mitigation. The Executive shall not be required to mitigate the amount of any payment or benefits provided for in this Section 4 by seeking other employment or otherwise. Further, except as provided in Section 4.2(a)(ii4.2 (a)(ii), the amount of any payment or benefits provided for in this Section 4 shall not be reduced by any compensation earned by the Executive as a result of employment by another employer, by retirement benefits, by offset against any amount claimed to be owed by the Executive to the Company or otherwise.
Appears in 2 contracts
Samples: Executive Retention Agreement (Storagenetworks Inc), Executive Retention Agreement (Storagenetworks Inc)
Mitigation. The Executive CEO shall not be required to mitigate the amount of any payment or benefits provided for in this Section 4 by seeking other employment or otherwise. Further, except as provided in Section 4.2(a)(ii4.1(a)(ii), the amount of any payment or benefits provided for in this Section 4 shall not be reduced by any compensation earned by the Executive CEO as a result of employment by another employer, by retirement benefits, by disability or death benefits, by offset against any amount claimed to be owed by the Executive CEO to the Company or otherwise.
Appears in 2 contracts
Samples: Retention Agreement (Icu Medical Inc/De), Retention Agreement (Icu Medical Inc/De)
Mitigation. The Except as provided in Section 4.3(c) above, the Executive shall not be required to mitigate the amount of any payment or benefits provided for in this Section 4 by seeking other employment or otherwise. Further, except as provided in Sections 4.2(a)(ii) and (b)(ii) and in Section 4.2(a)(ii)8.9, the amount of any payment or benefits provided for in this Section 4 shall not be reduced by any compensation earned by the Executive as a result of employment by another employer, by retirement benefits, by offset against any amount claimed to be owed by the Executive to the Company or otherwise.
Appears in 2 contracts
Samples: Executive Retention Agreement (Vistaprint N.V.), Executive Retention Agreement (Vistaprint N.V.)
Mitigation. The Executive shall not be required to mitigate the amount of any payment payments or the entitlement to any benefits provided for in this under Section 4 4.2(d) or Section 4.3 by seeking other employment or otherwise. Further, except as provided in Section 4.2(a)(ii), the amount of nor shall any payment or benefits benefit provided for in this such Section 4 shall not be reduced by any compensation or remuneration and/or benefits earned by the Executive as a result of employment by another employer, by retirement benefits, by offset against any amount claimed to be owed by employer or the Executive to rendering of services after the Company or otherwisedate of termination.
Appears in 2 contracts
Samples: Employment Agreement (Canadian Satellite Radio Holdings Inc.), Employment Agreement (Canadian Satellite Radio Holdings Inc.)
Mitigation. The For the avoidance of doubt, the Executive shall not be required to mitigate the amount of any payment or benefits provided for in this Section 4 by seeking other employment or otherwise. Further, except as provided in subject to Section 4.2(a)(ii)8.1, the amount of any payment or benefits provided for in this Section 4 shall not be reduced by any compensation earned by the Executive as a result of employment by another employer, by retirement benefits, by offset against any amount claimed to be owed by the Executive to the Company or otherwise.. 4.5
Appears in 2 contracts
Samples: Retention Agreement (Aspen Technology, Inc.), Retention Agreement (Aspen Technology Inc /De/)
Mitigation. The Executive shall not be required to mitigate the amount of any payment or benefits provided for in this Section 4 by seeking other employment or otherwise. Further, except as provided in Section 4.2(a)(ii), the amount of any payment or benefits provided for in this Section 4 shall not be reduced by any compensation earned by the Executive as a result of employment by another employer, by retirement benefits, by offset against any amount claimed to be owed by the Executive to the Company or its successor organization, or otherwise.
Appears in 2 contracts
Samples: Control Executive Retention Agreement (Viasys Healthcare Inc), Control Executive Retention Agreement (Viasys Healthcare Inc)
Mitigation. The Executive shall is not be required to mitigate the amount of any payment or benefits provided for in this Section 4 by seeking other employment or otherwise. Further, except as provided in Section 4.2(a)(ii)4.2(b)(ii) and in Section 8.8, the amount of any payment or benefits provided for in this Section 4 shall will not be reduced by any compensation earned by the Executive as a result of employment by another employer, by retirement benefits, by offset against any amount claimed to be owed by the Executive to the Company or otherwise.
Appears in 2 contracts
Samples: Executive Retention Agreement (CIMPRESS PLC), Executive Retention Agreement (CIMPRESS PLC)
Mitigation. The Executive shall not be required to mitigate the amount of any payment or benefits provided for in this Section 4 by seeking other employment or otherwise. Further, except as provided set forth in Section 4.2(a)(ii4.1(c), the amount of any payment or benefits provided for in this Section 4 shall not be reduced by any compensation earned by the Executive as a result of employment by another employer, by retirement benefits, by offset against any amount claimed to be owed by the Executive to the Company or otherwise.
Appears in 2 contracts
Samples: Executive Retention Agreement (Netezza Corp), Retention Agreement (Netezza Corp)
Mitigation. The Executive shall not be required to mitigate the amount of any payment or benefits provided for in this Section 4 by seeking other employment or otherwise. Further, except as provided in Section 4.2(a)(ii4.2(a)(ii)(II), the amount of any payment or benefits provided for in this Section 4 shall not be reduced by any compensation earned by the Executive as a result of employment by another employer, by retirement benefits, by offset against any amount claimed to be owed by the Executive to the Company or otherwise.
Appears in 1 contract
Mitigation. The For the avoidance of doubt, the Executive shall not be required to mitigate the amount of any payment or benefits provided for in this Section 4 by seeking other employment or otherwise. Further, except as provided in Section 4.2(a)(ii), the amount of any payment or benefits provided for in this Section 4 shall not be reduced by any compensation earned by the Executive as a result of employment by another employer, by retirement benefits, by offset against any amount claimed to be owed by the Executive to the Company or otherwise.
Appears in 1 contract
Samples: Executive Retention Agreement (Aspen Technology Inc /De/)
Mitigation. The Executive shall not be required to mitigate the amount of any payment or benefits provided for in this Section 4 Sections 3.1 and 4.2.2 by seeking other employment or otherwise. Further, except as provided in Section 4.2(a)(iiSections 3.1(c) and 4.2.2(a)(ii), the amount of any payment or benefits provided for in this Section 4 Agreement shall not be reduced by any compensation earned by the Executive as a result of employment by another employer, by retirement benefits, by offset against any amount claimed to be owed by the Executive to the Company or otherwise.
Appears in 1 contract
Samples: Release Agreement (Bookham, Inc.)
Mitigation. The Executive shall not be required to mitigate the amount of any payment or benefits provided for in this Section 4 by seeking other employment or otherwise. Further, except as provided in Section 4.2(a)(ii), the amount of any payment or benefits provided for in this Section 4 shall not be reduced by any compensation earned by the Executive as a result of employment by another employer, by retirement benefits, by offset against any amount claimed to be owed by the Executive to the Company or otherwise.or
Appears in 1 contract
Mitigation. The Executive shall not be required to mitigate the amount of any payment or benefits provided for in this Section 4 by seeking other employment or otherwise. Further, except as provided in Section 4.2(a)(ii), the amount of any payment or benefits provided for in this Section 4 shall not be reduced by any compensation earned by the Executive as a result of employment by another employer, by retirement benefits, by offset against any amount claimed to be owed by the Executive to the Company or otherwise, except as provided in Section 4.1(a)(ii).
Appears in 1 contract
Mitigation. The Executive shall not be required to mitigate the amount of any payment or benefits ---------- provided for in this Section 4 by seeking other employment or otherwise. Further, except as provided in Section 4.2(a)(ii), the amount of any payment or benefits provided for in this Section 4 shall not be reduced by any compensation earned by the Executive as a result of employment by another employer, by retirement benefits, by offset against any amount claimed to be owed by the Executive to the Company or otherwise.
Appears in 1 contract
Mitigation. The Executive shall not be required to mitigate the amount of any payment or benefits benefit provided for in this Section 4 by seeking other employment or otherwise. Further, nor (except as specifically provided in Section 4.2(a)(ii), 4) shall the amount of any payment or benefits benefit provided for in this Section 4 shall not be reduced by any compensation earned by the Executive as a the result of employment by another employer, employer or by retirement benefitsbenefits after the Date of Termination, by offset against any amount claimed to be owed by the Executive to the Company or otherwise.
Appears in 1 contract
Samples: Change in Control Agreement (Trans World Airlines Inc /New/)
Mitigation. The Executive shall not be required to mitigate the amount of any payment or benefits provided for in this Section 4 by seeking other employment or otherwise. Further; provided, except however, as provided in Section 4.2(a)(ii)4.2 above, the amount of any payment or benefits provided for in this Section 4 shall not may be reduced by any compensation earned by the Executive as a result of employment by another employer, by retirement benefits, by offset against any amount claimed to be owed by the Executive to the Company or otherwiseemployer as specifically set forth herein.
Appears in 1 contract
Samples: Executive Retention Agreement (Bio Imaging Technologies Inc)
Mitigation. The Executive shall not be required to mitigate the amount of any payment payments or the entitlement to any benefits provided for in this under Section 4 4.2(d) or 4.3 or by seeking other employment or otherwise. Further, except as provided in Section 4.2(a)(ii), the amount of nor shall any payment or benefits benefit provided for in this such Section 4 shall not be reduced by any compensation or remuneration and/or benefits earned by the Executive as a result of employment by another employer, by retirement benefits, by offset against any amount claimed to be owed by employer or the Executive to rendering of services after the Company or otherwisedate of termination.
Appears in 1 contract
Samples: Employment Agreement (Canadian Satellite Radio Holdings Inc.)
Mitigation. The Executive shall not be required to mitigate damages or the amount of any payment or benefits provided for in this to him under Section 4 of this Agreement by seeking other employment or otherwise. Further, nor shall, except as otherwise provided in under Section 4.2(a)(ii)4(d)(iii) of this Agreement, the amount of any payment or benefits payments provided for in this to Executive under Section 4 shall not be reduced by any compensation earned by the Executive as a the result of employment by another employer, by retirement benefits, by offset against any amount claimed to be owed by employer after the Executive to the Company termination of Executive’s employment or otherwise.
Appears in 1 contract
Samples: Employment Agreement (United Rentals North America Inc)
Mitigation. The Executive shall not be required to mitigate the amount of any payment or benefits provided for in this Section 4 by seeking other employment or otherwise. Further, except as provided in Section 4.2(a)(ii), the amount of any payment or benefits provided for in this Section 4 shall not be reduced by any compensation earned by the Executive as a result of employment by another employer, by retirement benefits, by offset against any amount claimed to be owed by the Executive to the Company or otherwise.
Appears in 1 contract
Mitigation. The For the avoidance of doubt, the Executive shall not be required to mitigate the amount of any payment or benefits provided for in this Section 4 by seeking other employment or otherwise. Further, except as provided in Section 4.2(a)(ii), the amount of any payment or benefits provided for in this Section 4 shall not be reduced by any compensation earned by the Executive as a result of employment by another employer, by retirement benefits, by offset against any amount claimed to be owed by the Executive to the Company or otherwise.
Appears in 1 contract
Mitigation. The Executive shall not be required to mitigate the amount of any payment or benefits provided for in this Section 4 by seeking other employment or otherwise. Further, except as provided in Section 4.2(a)(ii4.1(a)(ii), the amount of any payment or benefits provided for in this Section 4 shall not be reduced by any compensation earned by the Executive as a result of employment by another employer, by retirement benefits, by offset off-set against any amount claimed to be owed by the Executive to the Company or otherwise.
Appears in 1 contract
Samples: Executive Change in Control Agreement (Infodata Systems Inc)
Mitigation. The Executive shall not be required to mitigate the amount of any payment or benefits provided for in this Section 4 Sections 3.1 and 4.2.2 by seeking other employment or otherwise. Further, except as provided in Section 4.2(a)(ii), the amount of any payment or benefits provided for in this Section 4 Agreement shall not be reduced by any compensation earned by the Executive as a result of employment by another employer, by retirement benefits, by offset against any amount claimed to be owed by the Executive to the Company or the Subsidiary or otherwise.
Appears in 1 contract
Samples: Executive Severance and Retention Agreement (Oclaro, Inc.)
Mitigation. The Except as provided in Section 4.3(c) above, the Executive shall is not be required to mitigate the amount of any payment or benefits provided for in this Section 4 by seeking other employment or otherwise. Further, except as provided in Section 4.2(a)(ii)4.2(b)(ii) and in Section 8.8, the amount of any payment or benefits provided for in this Section 4 shall will not be reduced by any compensation earned by the Executive as a result of employment by another employer, by retirement benefits, by offset against any amount claimed to be owed by the Executive to the Company or otherwise.
Appears in 1 contract
Mitigation. The Executive shall not be required to mitigate the amount of any payment or benefits provided for in this Section 4 by seeking other employment or otherwise. Further, except as provided in Section 4.2(a)(ii), the amount of any payment or benefits provided for in this Section 4 shall not be reduced by any compensation earned by the Executive as a result of employment by another employer, by retirement benefits, by offset against any amount claimed to be owed by the Executive to the Company or otherwise.. < 9
Appears in 1 contract
Mitigation. The Executive shall not be required to mitigate the amount of any payment or benefits provided for in this Section 4 by seeking other employment or otherwise. Further, except as provided in Section 4.2(a)(ii4.3(a), the amount of any payment or benefits provided for in this Section 4 shall not be reduced by any compensation earned by the Executive as a result of employment by another employer, by retirement benefits, by offset against any amount claimed to be owed by the Executive to the Company or otherwise.
Appears in 1 contract
Samples: Executive Retention Agreement (Arlington Tankers Ltd.)
Mitigation. The Executive shall not be required to mitigate the amount of any payment or benefits provided for in this Section 4 by seeking other employment or otherwise. Further, except as provided in Section 4.2(a)(ii), the amount of any payment or benefits provided for in this Section 4 shall not be reduced by any compensation earned by the Executive as a result of employment by another employer, by retirement benefits, by offset against any amount claimed to be owed by the Executive to the Company or otherwise.Section
Appears in 1 contract