Mitigation. Except as otherwise specifically provided herein, Executive shall not be required to mitigate damages or the amount of any payment provided under this Agreement by seeking other employment or otherwise, nor shall the amount of any payment provided for under this Agreement be reduced by any compensation earned by Executive as a result of employment by another employer or by any retirement benefits received by Executive after the date of a Change in Control Termination or Covered Termination (except as expressly provided in Sections 3.3 and 4.3 above).
Appears in 42 contracts
Samples: Executive Employment Agreement (Syndax Pharmaceuticals Inc), Executive Employment Agreement (Kezar Life Sciences, Inc.), Executive Employment Agreement (Syndax Pharmaceuticals Inc)
Mitigation. Except as otherwise specifically provided herein, Executive shall not be required to mitigate damages or the amount of any payment provided under this Agreement by seeking other employment or otherwiseself-employment, nor shall the amount of any payment provided for under this Agreement be reduced by any compensation earned by Executive as a result of employment by another employer or through self-employment or by any retirement benefits received by Executive after the date of a Change in Control Termination or Covered Termination (Executive’s termination of employment from the Company, except as expressly provided in Sections 3.3 and 4.3 above)herein.
Appears in 25 contracts
Samples: Employment Agreement (Travere Therapeutics, Inc.), Employment Agreement (Travere Therapeutics, Inc.), Employment Agreement (Retrophin, Inc.)
Mitigation. Except as otherwise specifically provided herein, 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, nor and, subject to Section 3(b), compensation earned from such employment or otherwise shall not reduce the amount of any payment provided for amounts otherwise payable under this Agreement. No amounts payable under this Agreement shall be reduced by subject to reduction or offset in respect of any compensation earned by Executive as a result claims which the Company or any of employment by another employer its Subsidiaries (or by any retirement benefits received by Executive after the date of a Change in Control Termination other person or Covered Termination (except as expressly provided in Sections 3.3 and 4.3 above)entity) may have against Executive.
Appears in 19 contracts
Samples: Change of Control Termination Protection Agreement (Mortons Restaurant Group Inc), Termination Protection Agreement (Harcourt General Inc), Termination Protection Agreement (Harcourt General Inc)
Mitigation. Except as otherwise specifically provided herein, Executive shall not be required to mitigate damages or the amount of any payment provided under this Agreement by seeking other employment or otherwise, nor shall the amount of any payment provided for under this Agreement be reduced by any compensation earned by Executive as a result of employment by another employer or by any retirement benefits received by Executive after the date of a Change in Control the Termination Event, or Covered Termination (except as expressly provided in Sections 3.3 and 4.3 above)otherwise.
Appears in 17 contracts
Samples: General Release and Agreement (Keysight Technologies, Inc.), General Release and Agreement (Keysight Technologies, Inc.), General Release and Agreement (Agilent Technologies Inc)
Mitigation. Except as otherwise specifically provided herein, Executive shall not be required to mitigate damages or the amount of any payment provided under this Agreement by seeking other employment or otherwise, nor shall the amount of any payment provided for under this Agreement be reduced by any compensation earned by Executive as a result of employment by another employer or by any retirement benefits received by Executive after the date of a Change in Control Termination the Covered Termination, or Covered Termination (except as expressly provided in Sections 3.3 and 4.3 above)otherwise.
Appears in 16 contracts
Samples: Change in Control Severance Agreement (AEye, Inc.), Control Severance Benefits Agreement, Control Severance Benefits Agreement (Intersil Corp/De)
Mitigation. Except as otherwise specifically provided herein, Executive shall not be required to mitigate damages or the amount of any payment provided under this Agreement by seeking other employment or otherwise, nor shall the amount of any payment provided for under this Agreement be reduced by any compensation earned by Executive as a result of employment by another employer or by any retirement benefits received by Executive after the date of a Change in Control Termination or Covered Termination (except as expressly provided in Sections 2.3 and 3.3 and 4.3 above).
Appears in 13 contracts
Samples: Executive Employment Agreement (Syndax Pharmaceuticals Inc), Executive Severance Benefits Agreement (Five Prime Therapeutics Inc), Severance Benefits Agreement (Five Prime Therapeutics Inc)
Mitigation. Except as otherwise specifically provided herein, The Executive shall not be required to mitigate damages or the amount of any payment provided under for in this Agreement by seeking other employment or otherwise, nor shall the amount of any payment or benefit provided for under in this Agreement be reduced by any compensation earned by the Executive as a the result of employment by another employer or by any retirement benefits received by Executive payable after the date termination of a Change in Control Termination or Covered Termination (this Agreement, except that the Employer shall not be required to provide the Executive and the Executive’s eligible dependents with medical insurance coverage as expressly provided in Sections 3.3 long as the Executive and 4.3 above)the Executive’s eligible dependents are receiving comparable medical insurance coverage from another employer.
Appears in 11 contracts
Samples: Employment Agreement (Hampton Roads Bankshares Inc), Employment Agreement (Hampton Roads Bankshares Inc), Employment Agreement (Hampton Roads Bankshares Inc)
Mitigation. Except as otherwise specifically provided herein, Executive shall not be required to mitigate damages or the amount of any payment provided under this Agreement by seeking other employment or otherwise, nor shall the amount of any payment provided for under this Agreement be reduced by any compensation earned by Executive as a result of employment by another employer or by any retirement benefits received by Executive after the date of a Change in Control Termination the Triggering Event, or Covered Termination (except as expressly provided in Sections 3.3 and 4.3 above)otherwise.
Appears in 11 contracts
Samples: Change in Control Employment and Severance Agreement (Zamba Corp), Change in Control Employment and Severance Agreement (Zamba Corp), Employment and Severance Agreement (Zamba Corp)
Mitigation. Except as otherwise specifically provided herein, Executive shall not be required to mitigate damages or the amount of any payment provided under this Agreement by seeking other employment or otherwise, nor shall the amount of any payment provided for under this Agreement be reduced by any compensation earned by Executive as a result of employment by another employer or by any retirement benefits received by Executive after the date of a Change in Control Termination or Covered Termination (except as expressly provided in Sections 3.3 and 4.3 above)Termination.
Appears in 10 contracts
Samples: Executive Severance Benefits Agreement (Mellanox Technologies, Ltd.), Executive Severance Benefits Agreement (Mellanox Technologies, Ltd.), Executive Severance Benefits Agreement (Mellanox Technologies, Ltd.)
Mitigation. Except as otherwise specifically provided herein, Executive shall not be required to mitigate damages or the amount of any payment provided under this Agreement by seeking other employment or otherwise, nor shall the amount of any payment provided for under this Agreement be reduced by any compensation earned by Executive as a result of employment by another employer or by any retirement benefits received by Executive after the date of a Change in Control Termination the Covered Termination, or Covered Termination (except as expressly provided in Sections 3.3 and 4.3 above)otherwise.
Appears in 10 contracts
Samples: Control Severance Benefits Agreement (Continuus Software Corp /Ca), Executive Severance Benefits Agreement (Award Software International Inc), Executive Severance Benefits Agreement (Award Software International Inc)
Mitigation. Except as otherwise specifically provided herein, Executive shall not be required to mitigate damages or the amount of any payment provided under this Agreement by seeking other employment or otherwise, nor shall the amount of any payment or benefit provided for under this Agreement be reduced by any compensation earned by Executive as a result of employment by another employer or by any retirement benefits received by Executive after the date of a Covered Termination or Change in Control Termination or Covered Termination (except as expressly provided in Sections 2.3 and 3.3 and 4.3 above).
Appears in 10 contracts
Samples: Executive Employment Agreement (Ovid Therapeutics Inc.), Executive Employment Agreement (Ovid Therapeutics Inc.), Executive Employment Agreement (Ovid Therapeutics Inc.)
Mitigation. Except as otherwise specifically provided herein, Executive shall not be required to mitigate damages or the amount of any payment provided under this Agreement by seeking other employment or otherwise, nor shall the amount of any payment provided for under this Agreement be reduced by any compensation earned by Executive as a result of employment by another employer or by any retirement benefits received by Executive after the date of a Covered Termination or Change in Control Termination or Covered Termination (except as expressly provided in Sections 3.3 and 4.3 above)Termination.
Appears in 9 contracts
Samples: Control Severance Benefits Agreement (Nanometrics Inc), General Severance Benefits And (Nanometrics Inc), Nanometrics Incorporated (Nanometrics Inc)
Mitigation. Except as otherwise specifically provided herein, 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 may any payment payments provided for under this Agreement Section be reduced by any compensation amounts earned by Executive as a result of employment by another employer or by any retirement benefits received by Executive after the date of a Change in Control Termination or Covered Termination (Executive, except as expressly provided in Sections 3.3 and 4.3 above)Article IV.
Appears in 5 contracts
Samples: Employment Agreement (Integrated Health Services Inc), Employment Agreement (Integrated Health Services Inc), Employment Agreement (Monarch Properties Inc)
Mitigation. Except as otherwise specifically provided herein, Executive shall not be required to mitigate damages or the amount of any payment to Executive provided for under this Agreement by seeking other employment or otherwise, nor nor, except as otherwise provided herein, shall the amount of any payment provided for under this Agreement be reduced by any compensation earned by Executive as a result of employment by another employer or by any retirement benefits received by Executive after the date of a Change in Control Termination or Covered Termination (except as expressly provided in Sections 3.3 and 4.3 above)termination.
Appears in 4 contracts
Samples: Employment Agreement (Sparta Commercial Services, Inc.), Employment Agreement (Sparta Commercial Services, Inc.), Employment Agreement (Tomahawk Industries Inc)
Mitigation. Except as otherwise specifically provided herein, Executive shall not be required to mitigate damages or the amount of any payment provided under this Agreement by seeking other employment or otherwise, nor shall the amount of any payment provided for under this Agreement be reduced by any compensation earned by Executive as a result of employment by another employer or by any retirement benefits received by Executive after the date of a Change in Control Termination the termination of Executive's employment or Covered Termination (except as expressly provided in Sections 3.3 and 4.3 above)otherwise.
Appears in 4 contracts
Samples: Employment Agreement (Elevon Inc), Executive Employment Agreement (Walker Interactive Systems Inc), Executive Employment Agreement (Walker Interactive Systems Inc)
Mitigation. Except as otherwise specifically provided herein, Executive shall not be required to mitigate damages or the amount of any payment provided for under Sections 3 or 4 of this Agreement by seeking other employment or otherwise. Except as otherwise specifically provided herein, nor shall the amount receipt of any payment benefit provided for under Sections 3 or 4 of this Agreement shall not be reduced by any compensation earned benefit received by Executive as a result of employment by another employer or by any retirement benefits received by Executive after termination of Executive's employment with the date of a Change in Control Termination or Covered Termination (except as expressly provided in Sections 3.3 and 4.3 above)Company.
Appears in 4 contracts
Samples: Employment Agreement (Webvan Group Inc), Employment Agreement (Joystar Inc), Employment Agreement (Travelstar, Inc.)
Mitigation. Except as otherwise specifically provided herein, Executive shall not be required to mitigate damages or the amount of any payment provided under this Agreement by seeking other employment or otherwise, nor shall the amount of any payment provided for under this Agreement be reduced by any compensation earned by Executive as a result of employment by another employer or by any retirement benefits received by Executive after the date of a Executive's Change in Control Termination or Covered Termination (except as expressly provided in Sections 3.3 and 4.3 above)Termination.
Appears in 4 contracts
Samples: Executive Severance Benefits Agreement (Sbe Inc), Executive Severance Benefits Agreement (Sbe Inc), Executive Severance Benefits Agreement (Sbe Inc)
Mitigation. Except as otherwise specifically provided herein, Executive shall not be required to mitigate damages or the amount of any payment provided under this Agreement by seeking other employment or otherwise, nor shall the amount of any payment provided for under this Agreement be reduced by any compensation earned by Executive as a result of employment by another employer or by any retirement benefits received by Executive after the date Date of a Change in Control Termination Termination, or Covered Termination (except as expressly provided in Sections 3.3 and 4.3 above)otherwise.
Appears in 3 contracts
Samples: Employment Agreement (Grocery Outlet Holding Corp.), Executive Employment Agreement (Grocery Outlet Holding Corp.), Executive Employment Agreement (Grocery Outlet Holding Corp.)
Mitigation. Except as otherwise specifically provided herein, Executive shall not be required to mitigate damages or the amount of any payment provided under this Agreement by seeking other employment or otherwise, nor shall the amount of any payment provided for under this Agreement be reduced by any compensation earned by Executive as a result of employment by another employer or by any retirement benefits received by Executive after the date of a Change in Control Termination or Covered Termination (except as expressly provided in Sections 3.3 and 4.3 above)the termination without cause.
Appears in 3 contracts
Samples: Employment Agreement (Cell Pathways Inc /De), Employment Agreement (Cell Pathways Inc /De), Employment Agreement (Cell Pathways Inc /De)
Mitigation. Except as otherwise specifically provided hereinherein in section 3.4, Executive shall not be required to mitigate damages or the amount of any payment provided under this Agreement by seeking other employment or otherwise, nor shall the amount of any payment provided for under this Agreement be reduced by any compensation earned by Executive as a result of consulting work for the Company or third party, employment by another employer or by any retirement benefits received by Executive after the date of a Change in Control the Termination Event, or Covered Termination (except as expressly provided in Sections 3.3 and 4.3 above)otherwise.
Appears in 3 contracts
Samples: Form of Change of Control Agreement (Sumtotal Systems Inc), Change of Control Agreement (Sumtotal Systems Inc), Change of Control Agreement (Sumtotal Systems Inc)
Mitigation. Except as otherwise specifically provided herein, Executive shall not be required to mitigate damages or the amount of any payment provided under this Agreement by seeking other employment or otherwise, nor shall the amount of any payment provided for under this Agreement be reduced by any compensation earned by Executive as a result of employment by another employer or by any retirement benefits received by Executive after the date of a Change in Control the Termination Event, or Covered Termination (except as expressly provided in Sections 3.3 and 4.3 above).otherwise,
Appears in 3 contracts
Samples: Change of Control Severance Agreement (Agilent Technologies Inc), General Release and Agreement (Agilent Technologies Inc), General Release and Agreement (Agilent Technologies Inc)
Mitigation. Except as otherwise specifically provided herein, Executive shall not be required to mitigate damages or the amount of any payment provided under this Agreement by seeking other employment or otherwise, nor shall the amount of any payment provided for under this Agreement be reduced by any compensation earned by Executive as a result of employment by another employer received by Executive or by any retirement benefits received by Executive after the date of a Change in Control Termination Executive’s termination (i) by the Company for any reason other than Misconduct or Covered Termination Disability, or (except as expressly provided in Sections 3.3 and 4.3 above)ii) by Executive for Good Reason.
Appears in 3 contracts
Samples: Benefits Agreement (Us Airways Inc), Control Agreement (Us Airways Inc), Benefits Agreement (Us Airways Inc)
Mitigation. Except as otherwise specifically provided herein, Executive shall not be required to mitigate damages or the amount of any payment provided under this Agreement by seeking other employment or otherwise, nor shall the amount of any payment provided for under this Agreement be reduced by any compensation earned by Executive as a result of employment by another employer or by any retirement benefits received by Executive after the date of a Change in Control Termination or the Covered Termination (except as expressly provided in Sections 3.3 and 4.3 above)Termination.
Appears in 3 contracts
Samples: Control Agreement (Peninsula Pharmaceuticals Inc), Change of Control Agreement (Peninsula Pharmaceuticals Inc), Change of Control Agreement (Peninsula Pharmaceuticals Inc)
Mitigation. Except as otherwise specifically provided herein, Executive shall is not be required to seek other employment or otherwise mitigate damages or the amount of any payment payments to be made by the Company pursuant to this Agreement. Except as otherwise provided under in Section 4.a. of this Agreement by seeking other employment or otherwiseAgreement, nor shall the amount of any payment payments or other benefits provided for under in this Agreement shall not be reduced by any compensation earned by Executive as a the result of employment by another employer or by any retirement benefits received by Executive after the date of a Change in Control Termination Date, or Covered Termination (except as expressly provided in Sections 3.3 and 4.3 above)otherwise.
Appears in 3 contracts
Samples: Executive Severance Agreement (Nl Industries Inc), Executive Severance Agreement (Nl Industries Inc), Executive Severance Agreement (Nl Industries Inc)
Mitigation. Except as otherwise specifically provided herein, Executive shall not be required to mitigate damages or with respect to the amount termination of any payment provided his employment under this Agreement by seeking other employment or otherwise, nor and there shall the amount of any payment provided for be no offset against amounts due Executive under this Agreement on account of subsequent employment except as specifically provided in this Agreement. Additionally, the Company’s obligation to make the payments provided for in this Agreement, and otherwise to perform its obligations hereunder, shall, subject to Section 25 hereof, not be reduced affected by any compensation earned by other circumstances, including, without limitation, any counterclaim, recoupment, defense or other right which the Company may have against Executive as a result of employment by another employer or by any retirement benefits received by Executive after the date of a Change in Control Termination or Covered Termination (except as expressly provided in Sections 3.3 and 4.3 above)others.
Appears in 3 contracts
Samples: Employment Agreement (Vantage Drilling International), Employment Agreement (Vantage Drilling Labuan I Ltd.), Employment Agreement (Vantage Holdings Malaysia I Co.)
Mitigation. Except as otherwise specifically provided herein, Executive shall not be required to mitigate damages or the amount of any payment provided under this Agreement by seeking other employment or otherwise, nor shall the amount of any payment provided for under this Agreement be reduced by any compensation earned by Executive as a result of employment by another employer or by any retirement benefits received by Executive after the date of a Change in Control the Covered Termination, Company Termination or Covered Termination (except as expressly provided in Sections 3.3 and 4.3 above)otherwise.
Appears in 3 contracts
Samples: Executive Severance Benefits Agreement (Walker Interactive Systems Inc), Executive Severance Benefits Agreement (Walker Interactive Systems Inc), Executive Severance Benefits Agreement (Walker Interactive Systems Inc)
Mitigation. Except as otherwise specifically provided herein, Executive shall not be required to mitigate damages or the amount of any payment provided under this Agreement by seeking other employment or otherwise, nor shall the amount of any payment provided for under this Agreement be reduced by any compensation earned by Executive as a result of employment by another employer or by any retirement benefits received by Executive after the date of a Change in Control Termination the Covered Termination, or Covered Termination (except as expressly provided in Sections 3.3 and 4.3 above)otherwise.
Appears in 2 contracts
Samples: Control Severance Benefits Agreement (Silicon Valley Bancshares), Control Severance Benefits Agreement (Silicon Valley Bancshares)
Mitigation. Except as otherwise specifically provided herein, Executive shall not be required to mitigate damages or the amount amounts of any payment salary continuation payments provided for under this Agreement by seeking other employment or otherwise, nor shall the amount of any payment payments provided for under this Agreement be reduced by any compensation earned by Executive as a result the results of employment by another employer or by any retirement benefits received by Executive self-employment after the date of a Change in Control Termination or Covered Termination (except as expressly provided in Sections 3.3 and 4.3 above)termination.
Appears in 2 contracts
Samples: Employment Agreement (Biolife Solutions Inc), Employment Agreement (Biolife Solutions Inc)
Mitigation. Except as otherwise specifically provided herein, Executive shall not be required to mitigate damages or the amount of any payment provided under this Agreement by seeking other employment or otherwise, nor shall the amount of any payment provided for under this Agreement be reduced by any compensation earned by Executive as a result of employment by another employer or by any retirement benefits received by Executive after the date of a Change in Control Termination or the Covered Termination (except as expressly provided in Sections 3.3 and 4.3 above)Event.
Appears in 2 contracts
Samples: Executive Severance and Change in Control Benefits Agreement (Tier Technologies Inc), Severance and Change in Control Benefits Agreement (Tier Technologies Inc)
Mitigation. Except as otherwise specifically provided herein, Executive shall not be required to mitigate damages or reduce the amount of any payment provided under this Agreement by seeking other employment or otherwise, nor shall the amount of any payment provided for under this Agreement be reduced by any compensation earned by Executive as a result of employment by another employer or by any retirement benefits received by Executive after the date of a Change in Control Termination termination, or Covered Termination (except as expressly provided in Sections 3.3 and 4.3 above)otherwise.
Appears in 2 contracts
Samples: Transition and Release Agreement (Cadence Design Systems Inc), Employment Agreement (Cadence Design Systems Inc)
Mitigation. Except as otherwise specifically provided herein, Executive shall not be required to mitigate damages or the amount of any payment to Executive provided for under this Agreement by seeking other employment or otherwise, nor shall the amount of any payment provided for under this Agreement be reduced by any compensation earned by Executive as a result of employment by another employer or by after termination; provided, however, that any retirement welfare benefits received by the Executive after receives as a result of subsequent employment shall reduce the date of a Change in Control Termination or Covered Termination (except as expressly welfare benefits provided in Sections 3.3 and 4.3 above)under this Agreement.
Appears in 2 contracts
Samples: Employment Agreement (Universal American Financial Corp), Employment Agreement (Universal American Financial Corp)
Mitigation. Except as otherwise specifically provided herein, Executive shall not be required to mitigate damages or the amount of any payment provided under this Agreement by seeking other employment or otherwise, nor shall the amount of any payment provided for under this Agreement be reduced by any compensation earned by Executive as a result of employment by another employer or by any retirement benefits received by Executive after the date of a Change in Control Termination the Covered Termination, or Covered Termination (except as expressly provided in Sections 3.3 and 4.3 above).otherwise. 2
Appears in 2 contracts
Samples: Control Severance Benefits Agreement (Elantec Semiconductor Inc), Control Severance Benefits Agreement (Elantec Semiconductor Inc)
Mitigation. Except as otherwise specifically provided herein, 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, nor and, subject to Section 3(b), compensation or benefits earned from such employment or otherwise shall not reduce the amount of any payment provided for amounts otherwise payable under this Agreement be reduced by any compensation earned by Executive as a result of employment by another employer or by any retirement benefits received by Executive after the date of a Change in Control Termination or Covered Termination (except as expressly provided in Sections 3.3 and 4.3 above)Agreement.
Appears in 2 contracts
Samples: Change of Control Agreement (Altra Industrial Motion Corp.), Change of Control Agreement (Altra Holdings, Inc.)
Mitigation. Except as otherwise specifically provided herein, Executive shall not be required to mitigate damages or the amount of any payment provided under this Agreement by seeking other employment or otherwise, nor shall the amount of any payment provided for under this Agreement be reduced by any compensation earned by Executive as a result of employment by another employer or by any retirement benefits received by Executive after the date of a Change in Control Termination or Covered Termination (except with respect to continued health coverage as expressly provided in Sections 3.3 and 4.3 Section 2.3 above).
Appears in 2 contracts
Samples: Change in Control (Portola Pharmaceuticals Inc), Change in Control (Portola Pharmaceuticals Inc)
Mitigation. Except as otherwise specifically provided herein, Executive shall not be required to mitigate damages or the amount of any payment provided under this Agreement by seeking other employment or otherwise, nor shall the amount of any payment provided for under this Agreement be reduced by any compensation earned by Executive as a result of employment by another employer or by any retirement benefits received by Executive after the date of a Change in Control Termination or Covered Termination (except as expressly provided in Sections 3.3 and 4.3 above)termination of his employment with the Company.
Appears in 2 contracts
Samples: Employment Agreement (Monogram Biosciences, Inc.), Employment Agreement (Monogram Biosciences, Inc.)
Mitigation. Except as otherwise specifically provided herein, 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, nor shall the amount of any payment provided for under this Agreement be reduced by any compensation earned by Executive as a result of employment by another employer or by any retirement benefits received by Executive after the date of a Change in Control Termination or Covered Termination and (except as expressly provided in Sections 3.3 and 4.3 above)Section 3(c) in the case where Executive obtains other group health benefits) compensation earned from such employment or otherwise shall not reduce the amounts otherwise payable under this Agreement.
Appears in 2 contracts
Samples: Termination Protection Agreement, Form of Termination Protection Agreement (Union Drilling Inc)
Mitigation. Except as otherwise specifically provided herein, Executive shall not be required to mitigate damages or the amount of any payment provided under this Agreement by seeking other employment or otherwise, nor shall the amount of any payment provided for under this Agreement be reduced by any compensation earned by Executive as a result of employment by another employer or by any retirement benefits received by Executive after the date of a Executive’s Change in Control Termination or Covered Termination (except as expressly provided in Sections 3.3 and 4.3 above)Termination.
Appears in 2 contracts
Samples: Severance Benefits Agreement (Sbe Inc), Severance Benefits Agreement (Sbe Inc)
Mitigation. Except as otherwise specifically provided herein, Executive shall not be required to mitigate damages or the amount of any payment provided under this Agreement by seeking other employment or otherwise, nor shall the amount of any payment provided for under this Agreement be reduced by any compensation earned by Executive as a result of employment by another employer or by any retirement benefits received by Executive after the date of a Change in Control Termination the termination without Cause or Covered Termination (except as expressly provided in Sections 3.3 and 4.3 above)Constructive Termination.
Appears in 1 contract
Mitigation. Except as otherwise specifically provided herein, Executive shall not be required to mitigate damages or the amount of any payment provided under this Agreement by seeking other employment or otherwise, nor shall the amount of any payment provided for under this Agreement be reduced by any compensation earned by Executive as a result of employment by another employer received by Executive or by any retirement benefits received by Executive after the date of a Change in Control Termination or Covered Termination (except as expressly provided in Sections 3.3 and 4.3 above).received
Appears in 1 contract
Samples: Control and Severance Benefits Agreement (America West Holdings Corp)
Mitigation. Except as otherwise specifically provided herein, Executive shall not be required to mitigate damages or the amount of any payment provided under this Agreement by seeking other employment or otherwise, nor shall the amount of any payment provided for under this Agreement be reduced by any compensation earned by Executive as a result of employment by another employer received by Executive or by any retirement benefits received by Executive after the date of a Change in Control Termination Executive's termination (i) by the Company for any reason other than Misconduct or Covered Termination Disability, or (except as expressly provided in Sections 3.3 and 4.3 above)ii) by Executive for Good Reason.
Appears in 1 contract
Samples: Control and Severance Benefits Agreement (America West Holdings Corp)
Mitigation. Except as otherwise specifically provided herein, Executive shall not be required to mitigate damages or the amount of any payment provided under this Agreement Section 3.2 by seeking other employment or otherwise, nor shall the amount of any payment provided for under this Agreement be reduced by any compensation earned by Executive as a result of employment by another employer or by any retirement benefits received by Executive after the date of the Covered Termination, Involuntary Termination Without Cause or a Change in Control Constructive Termination or Covered Termination (except as expressly provided in Sections 3.3 and 4.3 under Section 3.2 above).
Appears in 1 contract
Samples: Executive Severance Benefits Agreement (Egreetings Network Inc)
Mitigation. Except as otherwise specifically provided herein, Executive shall not be required to mitigate damages or the amount of any payment provided under this Agreement by seeking other employment or otherwise, nor shall the amount of any payment provided for under this 6. Exhibit 10.4 Agreement be reduced by any compensation earned by Executive as a result of employment by another employer or by any retirement benefits received by Executive after the date of a Change in Control Covered Termination or Covered Termination Following a Change in Control, as applicable (except with respect to continued health coverage as expressly provided in Sections 3.3 and 4.3 Section 2.1(b) above).
Appears in 1 contract
Samples: Severance Benefits Agreement (Portola Pharmaceuticals Inc)
Mitigation. Except as otherwise specifically provided herein, The Executive shall not be required to mitigate damages or the amount of any payment provided under this Agreement Appendix 1 by seeking other employment or otherwise, nor shall the amount of any payment provided for under this Agreement Appendix 1 be reduced by any compensation earned by the Executive as a result of employment by another employer or by any retirement benefits received by the Executive after the date of a Change in Control Termination the Covered Termination, or Covered Termination (except as expressly provided in Sections 3.3 and 4.3 above)otherwise.
Appears in 1 contract
Mitigation. Except as otherwise specifically provided herein, Executive shall not be required to mitigate damages or the amount of any payment provided under this Agreement by seeking other employment or otherwise, nor shall the amount of any payment provided for under this Agreement be reduced by any compensation earned by Executive as a result of employment by another employer Company or by any retirement benefits received by Executive after the date of a Change in Control Termination or Covered Termination (except as expressly provided in Sections 3.3 and 4.3 above)his termination.
Appears in 1 contract
Mitigation. Except as otherwise specifically provided herein, 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, nor shall the amount of any payment provided for under this Agreement be reduced by any compensation earned by Executive as a result of employment by another employer or by any retirement benefits received by Executive after the date of a Change in Control Termination the Covered Termination, or Covered Termination (except as expressly provided in Sections 3.3 and 4.3 above)otherwise.
Appears in 1 contract
Samples: Salary Continuation Agreement (Vlsi Technology Inc)
Mitigation. Except as otherwise specifically provided herein, Executive shall not be required to mitigate damages or the amount of any payment provided under this Agreement by seeking other employment or otherwise, nor shall the amount of any payment provided for under this Agreement be reduced by any compensation earned by Executive as a result of employment by another employer or by any retirement benefits received by Executive after the date of a Change in Control Termination the Covered Termination, or Covered Termination (except as expressly provided in Sections 3.3 and 4.3 above).otherwise. Intersil Confidential
Appears in 1 contract
Mitigation. Except as otherwise specifically provided herein, Executive shall will not be required to mitigate damages or the amount of any payment provided under this Agreement by seeking other employment or otherwise, nor shall will the amount of any payment provided for under this Agreement be reduced by any compensation earned by Executive as a result of employment by another employer or by any retirement benefits received by Executive after the date of a Change in Control Termination or Covered Termination (except as expressly provided in Sections 3.3 and 4.3 above)otherwise.
Appears in 1 contract
Mitigation. Except as otherwise specifically provided herein, Executive shall not be required to mitigate damages or the amount of any payment provided under this Agreement by seeking other employment or otherwise, nor shall the amount of any payment provided for under this Agreement be reduced by any compensation earned by Executive as a result of employment by another employer or by any retirement benefits received by Executive after the date of a Change in Control Termination the Covered Termination, or Covered Termination (except as expressly provided in Sections 3.3 and 4.3 above).otherwise. 2 ARTICLE III LIMITATIONS AND CONDITIONS ON BENEFITS 3.1
Appears in 1 contract
Samples: Control Severance Benefits Agreement (Elantec Semiconductor Inc)
Mitigation. Except as otherwise specifically provided herein, 4 4 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, nor and, subject to Section 3(ii)(c), compensation earned from such employment or otherwise shall not reduce the amount of any payment provided for amounts otherwise payable under this Agreement. No amounts payable under this Agreement shall be reduced by subject to reduction or offset in respect of any compensation earned by Executive as a result of employment by another employer claims which the Company (or by any retirement benefits received by Executive after the date of a Change in Control Termination other person or Covered Termination (except as expressly provided in Sections 3.3 and 4.3 above)entity) may have against Executive.
Appears in 1 contract
Mitigation. Except as otherwise specifically provided herein, Executive shall not be required to mitigate damages or the amount of any payment provided under this Agreement by seeking other employment or otherwise, nor shall the amount of any payment provided for under this Agreement be reduced by any compensation earned by Executive as a result of employment by another employer or by any retirement benefits received by Executive after the date of a Change in Control Termination or Covered Termination (except as expressly provided in Sections 3.3 and 4.3 above).of
Appears in 1 contract
Samples: Executive Severance Benefits Agreement (Virologic Inc)
Mitigation. Except as otherwise specifically provided herein, Executive shall not be required to mitigate damages or the amount of any payment provided under this Agreement by seeking other employment or otherwise, nor shall the amount of any payment provided for under this Agreement be reduced by any compensation earned by Executive as a result of employment by another employer company or by any retirement benefits received by Executive after the date of a Change in Control Termination or Covered Termination (except as expressly provided in Sections 3.3 and 4.3 above)his termination.
Appears in 1 contract
Mitigation. Except as otherwise specifically provided herein, Executive shall not be required to mitigate damages or the amount of any payment provided under this Agreement by seeking other employment or otherwise, nor shall the amount of any payment provided for under this Agreement be reduced by any compensation earned by Executive as a result of employment by another employer or by any retirement benefits received by Executive after the date of a Change in Control Termination or Covered Termination (except as expressly provided in Sections 3.3 and 4.3 above).Termination. 2.4
Appears in 1 contract
Mitigation. Except as otherwise specifically provided herein, Executive shall not be required to mitigate damages or the amount of any payment provided under this Agreement by seeking other employment or otherwise, nor shall the amount of any payment provided for under this Agreement be reduced by any compensation earned by Executive as a result of employment by another employer or by any retirement benefits received by Executive after the date of a Change in Control Termination otherwise providing services to another individual or Covered Termination (except as expressly provided in Sections 3.3 and 4.3 above)entity.
Appears in 1 contract
Samples: Transition and Severance Benefits Agreement (Five Prime Therapeutics Inc)
Mitigation. Except as otherwise specifically provided herein, Executive shall not be required to mitigate damages or the amount of any payment provided under this Agreement by seeking other employment or otherwise, nor shall the amount of any payment provided for under this Agreement be reduced by any compensation earned by 104 Executive as a result of employment by another employer or by any retirement benefits received by Executive after the date of a Change in Control Termination the Covered Termination, or Covered Termination (except as expressly provided in Sections 3.3 and 4.3 above)otherwise.
Appears in 1 contract
Samples: Executive Severance Benefits Agreement (Walker Interactive Systems Inc)
Mitigation. Except as otherwise specifically provided herein, 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, nor shall the amount of any payment provided for under this Agreement be reduced by any compensation earned by Executive as a result of employment by another employer or by any retirement benefits received by Executive after the date of a Change in Control Termination or Covered Termination and (except as expressly provided in Sections 3.3 and 4.3 aboveSection 3(c) in the case where Executive obtains other group health benefits), compensation earned from such employment or otherwise shall not reduce the amounts otherwise payable under this Agreement.
Appears in 1 contract
Samples: Termination Protection Agreement (Juno Online Services Inc)
Mitigation. Except as otherwise specifically provided hereinherein in Section 3.4, Executive shall not be required to mitigate damages or the amount of any payment provided under this Agreement by seeking other employment or otherwise, nor shall the amount of any payment provided for under this Agreement be reduced by any compensation earned by Executive as a result of consulting work for the Company or third party, employment by another employer or by any retirement benefits received by Executive after the date of a Change in Control the Termination Event, or Covered Termination (except as expressly provided in Sections 3.3 and 4.3 above)otherwise.
Appears in 1 contract
Mitigation. Except as otherwise specifically provided herein, Executive shall not be required to mitigate damages or the amount of any payment provided under this Agreement by seeking other employment or otherwise, nor shall the amount of any payment provided for under this Agreement be reduced by any compensation earned by Executive as a result of employment by another employer or by any retirement benefits received by Executive after the date of a Covered Termination or a Change in Control Termination or Covered Termination (except as expressly provided in Sections 3.3 and 4.3 above)Termination.
Appears in 1 contract
Mitigation. Except as otherwise specifically provided herein, Executive shall not be required to mitigate damages or the amount of any payment provided under this Agreement by seeking other employment or otherwise, nor shall the amount of any payment provided for under this Agreement be reduced by any compensation earned by Executive as a result of employment by another employer or by any retirement benefits received by Executive after the date of a Change in Control Termination or Covered Termination (except as expressly provided in Sections 3.3 and 4.3 above)Date where Executive’s termination.
Appears in 1 contract
Samples: Control and Severance Benefits Agreement (Imageware Systems Inc)
Mitigation. Except as otherwise specifically provided herein, Executive shall not be required to mitigate damages or the amount of any payment provided under this Agreement by seeking other employment or otherwise, nor shall the amount of any payment provided for under this Agreement be reduced by any compensation earned by Executive as a result of employment by another employer or by any retirement benefits received by Executive after the date of a Change in Control Termination the Covered Termination, or Covered Termination (except as expressly provided in Sections 3.3 and 4.3 above).otherwise. ARTICLEV
Appears in 1 contract
Samples: Executive Employment Agreement (Monopar Therapeutics)
Mitigation. Except as otherwise specifically provided herein, 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, nor shall the amount of any payment provided for under this Agreement be reduced by any compensation earned by Executive as a result of employment by another employer or by any retirement benefits received by Executive paid after the date of a Change in Control Termination termination of employment, or Covered Termination (except as expressly provided in Sections 3.3 and 4.3 above)otherwise.
Appears in 1 contract
Mitigation. Except as otherwise specifically provided herein, Executive shall not be required to mitigate damages or the amount of any payment provided under for in Section 3 or 4 of this Agreement by seeking other employment or otherwise, nor shall the amount of any payment provided for under this Agreement in such Sections be reduced by any compensation earned by Executive as a the result of employment by another employer after Executive's Date of Termination, or by any retirement benefits received by Executive after the date of a Change in Control Termination or Covered Termination (except otherwise. Except as expressly provided in Sections 3.3 and 4.3 above)the Agreement, the Company shall have no right to set off against any amount owing hereunder any claim which it may have against Executive.
Appears in 1 contract
Samples: And Severance Agreement (Premcor Refining Group Inc)
Mitigation. Except as otherwise specifically provided herein, Executive shall not be required to mitigate damages or the amount of any payment provided under this Agreement by seeking other employment or otherwise, nor shall the amount of any payment provided for under this Agreement be reduced by any compensation earned by 113 Executive as a result of employment by another employer or by any retirement benefits received by Executive after the date of a Change in Control Termination the Covered Termination, or Covered Termination (except as expressly provided in Sections 3.3 and 4.3 above)otherwise.
Appears in 1 contract
Samples: Executive Severance Benefits Agreement (Walker Interactive Systems Inc)
Mitigation. Except as otherwise specifically provided herein, Executive shall not be required to mitigate damages or the amount of any payment provided under this Agreement by seeking other employment or otherwise, nor shall the amount of any payment provided for under this Agreement be reduced by any compensation earned by Executive as a result of employment by another employer or by any retirement benefits received by Executive after the date of a Change in Control Termination Executive’s termination of employment with the Company (or Covered Termination (Affiliate), except as expressly for health continuation coverage provided in Sections 3.3 and 4.3 abovepursuant to Section 2(b).
Appears in 1 contract
Mitigation. Except as otherwise specifically provided herein, 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, nor and, subject to Section 3(c), compensation earned from such employment or otherwise shall not reduce the amount of any payment provided for amounts otherwise payable under this Agreement. No amounts payable under this Agreement 4 4 shall be reduced by subject to reduction or offset in respect of any compensation earned by Executive as a result of employment by another employer claims which the Company (or by any retirement benefits received by Executive after the date of a Change in Control Termination other person or Covered Termination (except as expressly provided in Sections 3.3 and 4.3 above)entity) may have against Executive.
Appears in 1 contract
Mitigation. Except as otherwise specifically provided herein, Executive shall not be required to mitigate damages or the amount of any payment provided under this Agreement by seeking other order employment or otherwise, nor shall the amount of any payment provided for under this Agreement be reduced by any compensation earned by Executive as a result of employment by another employer Company or by any retirement benefits received by Executive after the date of a Change in Control Termination or Covered Termination (except as expressly provided in Sections 3.3 and 4.3 above)his termination.
Appears in 1 contract
Mitigation. Except as otherwise specifically provided herein, Executive shall not be required to mitigate damages or the amount of any payment provided under this Agreement by seeking other employment or otherwise, nor shall the amount of any payment provided for under this Agreement be reduced by any compensation earned by Executive as a result of employment by another employer or by any retirement benefits received by Executive after the date of a Change in Control the Termination Event, or Covered Termination (except as expressly provided in Sections 3.3 and 4.3 above)otherwise.
Appears in 1 contract
Samples: Executive Compensation and Benefits Continuation Agreement (Cortech Inc)
Mitigation. Except as otherwise specifically provided herein, Executive shall not be required to mitigate damages or the amount of any payment provided under this Agreement by seeking other employment or otherwise, nor shall the amount of any payment provided for under this Agreement be reduced by any compensation earned by Executive as a result of employment by another employer or by any retirement benefits received by Executive after the date of a Change in Control Termination the Qualifying Termination, or Covered Termination (except as expressly provided in Sections 3.3 and 4.3 above)otherwise.
Appears in 1 contract
Mitigation. Except as otherwise specifically provided herein, Executive shall not be required to mitigate damages or the amount of any payment salary continuation payments provided for under this Agreement by seeking other employment or otherwise, nor shall the amount of any payment payments provided for under this Agreement be reduced by any compensation earned by Executive as a the result of employment by another employer or by any retirement benefits received by Executive self-employment after the date of a Change in Control Termination or Covered Termination (except as expressly provided in Sections 3.3 and 4.3 above)termination.
Appears in 1 contract
Mitigation. Except as otherwise specifically provided herein, Executive shall not be required to mitigate damages or the amount of any payment provided under this Agreement by seeking other employment or otherwise, nor shall the amount of any payment provided for under this Agreement be reduced by any compensation earned by Executive as a result of employment by another employer received by Executive or by any retirement benefits received by Executive after the date of a Change in Control Termination Executive’s termination (i) by any member of the Company for any reason other than Misconduct or Covered Termination Disability, or (except as expressly provided in Sections 3.3 and 4.3 above)ii) by Executive for Good Reason.
Appears in 1 contract
Samples: Executive Severance Benefits Agreement (American Airlines Inc)
Mitigation. Except as otherwise specifically provided herein, Executive shall not be required to mitigate damages or the amount of any payment provided under this Agreement by seeking other employment or otherwise, nor shall the amount of any payment or benefit provided for under this Agreement be reduced by any compensation earned by Executive as a result of employment by another employer or by any retirement benefits received by Executive after the date of a Change in Control Termination or Covered Termination (except as expressly provided in Sections 3.3 2.3 and 4.3 2.6 above).
Appears in 1 contract
Samples: Executive Employment Agreement (Ovid Therapeutics Inc.)