Mitigation. In no event shall the Executive be obligated to seek other employment or take any other action by way of mitigation of the amounts payable to the Executive under any of the provisions of this Agreement.
Appears in 23 contracts
Samples: Employment Agreement (Nodechain, Inc.), Youssef Hanine Employment Agreement (Nodechain, Inc.), Nuciola Iii Employment Agreement (Nodechain, Inc.)
Mitigation. In no event shall the Executive be obligated to seek other employment or take any other action by way of mitigation of the amounts payable to the Executive under any of the provisions of this Agreement. Any severance benefits payable to the Executive shall not be subject to reduction for any compensation received from other employment.
Appears in 23 contracts
Samples: Employment Agreement, Employment Agreement (Federal Home Loan Bank of Des Moines), Employment Agreement (Federal Home Loan Bank of Seattle)
Mitigation. In no event shall the Executive be obligated to seek other employment or take any other action by way of mitigation of the amounts payable to the Executive under any of the provisions of this Agreement.
Appears in 20 contracts
Samples: Transition Employment Agreement (Spectrum Brands Holdings, Inc.), Employment Agreement (Spectrum Brands Holdings, Inc.), Employment Agreement (Spectrum Brands, Inc.)
Mitigation. In no event shall the Executive be obligated to seek other employment or take any other action by way of mitigation of the amounts (including amounts for damages for breach) payable to the Executive under any of the provisions of this Agreement, and such amounts shall not be reduced whether or not the Executive obtains other employment.
Appears in 19 contracts
Samples: Separation Pay Agreement (Vapotherm Inc), Separation Pay Agreement (Vapotherm Inc), Separation Pay Agreement (Vapotherm Inc)
Mitigation. In no event shall the Executive be obligated to seek other employment or take any other action by way of mitigation of the amounts payable to the Executive under any of the provisions of this AgreementAgreement nor shall the amount of any payment or benefit hereunder be reduced by any compensation earned by Executive as a result of employment by another employer.
Appears in 17 contracts
Samples: Severance and Change of Control Agreement (SMART Global Holdings, Inc.), Severance and Change of Control Agreement, Severance and Change of Control Agreement (SMART Global Holdings, Inc.)
Mitigation. In no event shall the Executive be obligated to seek other employment or take any other action by way of mitigation of the amounts payable to the Executive under any of the provisions of this Agreement, and except as set forth in Section 4, such amounts shall not be reduced whether or not the Executive obtains other employment.
Appears in 13 contracts
Samples: Form of Executive Change in Control Agreement (Advanced Energy Industries Inc), Form of Executive Change in Control Agreement (Advanced Energy Industries Inc), Executive Change in Control Agreement (Advanced Energy Industries Inc)
Mitigation. In no event shall the Executive be obligated to seek other employment or take any other action by way of mitigation of the amounts payable to the Executive under any of the provisions of this AgreementAgreement and, except as provided in section 3.4, such amounts shall not be reduced whether or not Executive obtains other employment.
Appears in 13 contracts
Samples: Control Agreement (Ch2m Hill Companies LTD), Change of Control Agreement (Ch2m Hill Companies LTD), Executive Change of Control Agreement (Ch2m Hill Companies LTD)
Mitigation. In no event shall the Executive be obligated to seek other employment or take any other action by way of mitigation of the amounts payable to the Executive under any of the provisions of this Agreement, nor shall the amount of any payment hereunder be reduced by any compensation earned by Executive as a result of employment by another employer.
Appears in 12 contracts
Samples: Executive Severance Agreement (Snyder's-Lance, Inc.), Executive Severance Agreement (Snyder's-Lance, Inc.), Agreement (Snyder's-Lance, Inc.)
Mitigation. In no event shall the Executive be obligated to seek other employment or take any other action by way of mitigation of the amounts payable to the Executive under any of the provisions of this Agreement. Any severance benefits payable to Executive shall not be subject to reduction for any compensation received from other employment.
Appears in 11 contracts
Samples: Employment Agreement (Federal Home Loan Bank of Des Moines), Employment Agreement (Federal Home Loan Bank of Des Moines), Employment Agreement (Federal Home Loan Bank of Des Moines)
Mitigation. In no event shall the Executive be obligated to seek other employment or take any other action by way of mitigation of the amounts payable to the Executive under any of the provisions of this Agreement. Notwithstanding this Section 8, the Executive shall continue to be subject to all of the restrictions provided for in Section 9 of this Agreement during the Severance Period.
Appears in 9 contracts
Samples: Employment Agreement (Arcadia Resources, Inc), Employment Agreement (Arcadia Resources, Inc), Employment Agreement (Arcadia Resources, Inc)
Mitigation. In no event shall the Executive be obligated to seek other employment or take any other action by way of mitigation of to mitigate the amounts payable to the Executive under any of the provisions of this Agreement, nor shall the amount of any payment hereunder be reduced by any compensation earned as result of Executive’s employment by another employer.
Appears in 9 contracts
Samples: Employment Agreement (Graham Packaging Co Inc.), Employment Agreement (Graham Packaging Co Inc.), Employment Agreement (Graham Packaging Co Inc.)
Mitigation. In no event shall the Executive be obligated to seek other employment or take any other action by way of mitigation of the amounts payable to the Executive under any of the provisions of this Agreement.
Appears in 8 contracts
Samples: Employment Agreement (SB/RH Holdings, LLC), Employment Agreement (SB/RH Holdings, LLC), Employment Agreement (SB/RH Holdings, LLC)
Mitigation. In no event shall the Executive be obligated to seek other employment or take any other action by way of mitigation of to mitigate the amounts payable to the Executive under any of the provisions of this Agreement, nor shall the amount of any payment hereunder be reduced by any compensation earned as result of Executive's employment by another employer.
Appears in 7 contracts
Samples: Employment Agreement (Graham Packaging Co), Employment Agreement (GPC Capital Corp Ii), Employment Agreement (Graham Packaging Co)
Mitigation. In no event shall the Executive be obligated to seek other employment or take any other action by way of mitigation of the amounts payable to the Executive under any of the provisions of this AgreementAgreement and except as provided in Section 2.2(c) or Section 2.4(a)(iii), any amounts payable pursuant to this Section 2 shall not be reduced by compensation the Executive earns on account of employment with another employer.
Appears in 6 contracts
Samples: Separation Pay Agreement (Shockwave Medical, Inc.), Separation Pay Agreement (Shockwave Medical, Inc.), Separation Pay Agreement (ShockWave Medical, Inc.)
Mitigation. In no event shall the Executive be obligated to seek other employment or take any other action by way of mitigation of the amounts payable to the Executive under any of the provisions of this AgreementAgreement and any amounts payable pursuant to this Section 4 shall not be reduced by compensation the Executive earns on account of employment with another employer.
Appears in 6 contracts
Samples: Employment Agreement (THUMZUP MEDIA Corp), Employment Agreement (THUMZUP MEDIA Corp), Employment Agreement (Mercury Systems Inc)
Mitigation. In no event shall the Executive be obligated to seek other employment or take any other action by way of mitigation of the amounts payable to the Executive under any of the provisions of this AgreementAgreement and except as provided in Section V.B.2, any amounts payable pursuant to this Section V shall not be reduced by compensation the Executive earns on account of employment with another employer.
Appears in 6 contracts
Samples: Employment Agreement (Volato Group, Inc.), Employment Agreement (Volato Group, Inc.), Employment Agreement (Volato Group, Inc.)
Mitigation. In no event shall the Executive be obligated to seek other employment or take any other action by way of mitigation of the amounts payable to the Executive under any of the provisions of this Agreement. Except as otherwise set forth herein with respect to health, prescription drug, dental, disability and life insurance benefits, any severance benefits payable to the Executive shall not be subject to reduction for any compensation received from other employment.
Appears in 5 contracts
Samples: Employment Agreement (Geospatial Corp), Agreement (Geospatial Holdings, Inc.), Employment Agreement (Flow International Corp)
Mitigation. In no event shall the Executive be obligated to seek other employment or take any other action by way of mitigation of the amounts payable to the Executive under any of the provisions of this Agreement, nor shall the amount of any payment thereunder be reduced by any compensation earned by the Executive as a result of employment by another employer not in violation of this Agreement.
Appears in 5 contracts
Samples: Employment Agreement (Rockelle Corp.), Employment Agreement (Flexpetz Holdings Inc), Employment Agreement (King Capital Holdings Inc)
Mitigation. In no event shall the Executive be obligated to seek other employment or take any other action by way of mitigation of the amounts payable to the Executive under any of the provisions of this Agreement, and such amounts shall not be reduced whether or not the Executive obtains other employment.
Appears in 5 contracts
Samples: Agreement (Mercury Finance Co), Employment Agreement (MFN Financial Corp), Exhibit 10b Employment Agreement (MFN Financial Corp)
Mitigation. In no event shall the Executive be obligated to seek other employment or take any other action by way of mitigation of the amounts payable to the Executive under any of the provisions of this Agreement, and, except with respect to the COBRA Payments and the Outplacement Payments, any amounts payable pursuant to this Agreement shall not be reduced by compensation that Executive earns on account of employment with another employer.
Appears in 4 contracts
Samples: Employment Agreement (Construction Partners, Inc.), Executive Employment Agreement (National Commerce Corp), Executive Employment Agreement (National Commerce Corp)
Mitigation. In no event shall the Executive be obligated to seek other employment or take any other action by way of mitigation of the amounts payable to the Executive under any of the provisions of this AgreementAgreement nor shall the amount of any payment or benefit hereunder be reduced by any compensation earned by Executive as a result of employment by another employer, including, but not limited to, Executive’s eligibility for any retiree health benefits.
Appears in 4 contracts
Samples: Employment Agreement (CVS HEALTH Corp), Employment Agreement (Aetna Inc /Pa/), Employment Agreement (Aetna Inc /Pa/)
Mitigation. In no event shall the Executive be obligated to seek other employment or take any other action by way of mitigation of the amounts payable to the Executive under any of the provisions of this AgreementAgreement and such amounts shall not be reduced, regardless of whether the Executive obtains other employment.
Appears in 4 contracts
Samples: Employment Agreement (Alliancebernstein Holding L.P.), Employment Agreement (Alliancebernstein Holding L.P.), Employment Agreement (Alliancebernstein L.P.)
Mitigation. In no event shall the Executive be obligated to seek other employment or take any other action by way of mitigation of the amounts payable to the Executive under any of the provisions of this AgreementAgreement and, any amounts payable pursuant to this Section 4 shall not be reduced by compensation the Executive earns on account of employment with a subsequent employer.
Appears in 4 contracts
Samples: Employment Agreement (Royale Energy, Inc.), Employment Agreement (Royale Energy, Inc.), Employment Agreement (Royale Energy, Inc.)
Mitigation. In no event shall the Executive be obligated to seek other employment or take any other action by way of mitigation of the amounts payable to the Executive under any of the provisions of this AgreementAgreement and such amounts shall not be reduced whether or not Executive obtains other employment.
Appears in 3 contracts
Samples: Employment Agreement (Innofone Com Inc), Employment Agreement (Innofone Com Inc), Executive Employment Agreement (Cooperative Computing Inc /De/)
Mitigation. In no event shall the Executive be obligated to seek other employment or take any other action by way of mitigation of the amounts payable to the Executive under any of the provisions of this Agreement, and except as set forth in paragraph 4 above, such amounts shall not be reduced whether or not the Executive obtains other employment.
Appears in 3 contracts
Samples: Control Severance Agreement (TTM Technologies Inc), Control Severance Agreement (TTM Technologies Inc), Control Severance Agreement (TTM Technologies Inc)
Mitigation. In no event shall the Executive be obligated to seek other employment or take any other action by way of mitigation of the amounts payable to the Executive under any of the provisions of this Agreement, and any amounts payable pursuant to this Agreement shall not be reduced by compensation that Executive earns on account of employment with another employer.
Appears in 3 contracts
Samples: Executive Employment Agreement (National Commerce Corp), Executive Employment Agreement (National Commerce Corp), Executive Employment Agreement (National Commerce Corp)
Mitigation. In no event shall the Executive be obligated to seek other employment or take any other action by way of mitigation of the amounts payable to the Executive under any of the provisions of this Agreement, nor shall any employment of the Executive affect the obligations of the Company to the Executive under this Agreement.
Appears in 3 contracts
Samples: Employment Agreement (Applied Minerals, Inc.), Severance Agreement (Flow International Corp), Employment Agreement (Flow International Corp)
Mitigation. In no event shall the Executive be obligated to seek other employment or take any other action by way of mitigation of the amounts payable to the Executive under any of the provisions of this Agreementagreement, nor shall the amount of any payment hereunder be reduced by any compensation earned by Executive as a result of employment by another employer, other than as provided in Paragraph 2.5(e) herein.
Appears in 3 contracts
Samples: Compensation and Benefits Assurance Agreement (Whirlpool Corp /De/), Benefits Assurance Agreement (Whirlpool Corp /De/), Benefits Assurance Agreement (Whirlpool Corp /De/)
Mitigation. In no event shall the Executive be obligated to seek other employment or take any other action by way of mitigation of the amounts payable to the Executive under any of the provisions of this AgreementAgreement and except as provided in Section 2.1(c) (with respect to medical insurance continuation), any amounts payable pursuant to Section 2 shall not be reduced by compensation Executive earns on account of employment with another employer.
Appears in 3 contracts
Samples: Change in Control Agreement (Flagstar Bancorp Inc), Change in Control Agreement (Flagstar Bancorp Inc), Change in Control Agreement (Flagstar Bancorp Inc)
Mitigation. In no event shall the Executive be obligated to seek other employment or take any other action by way of mitigation of the amounts payable to the Executive under any of the provisions of this Agreement, and except as set forth in Section 4 , such amounts shall not be reduced whether or not the Executive obtains other employment.
Appears in 3 contracts
Samples: Executive Change in Control Agreement (Advanced Energy Industries Inc), Executive Change in Control Agreement (Advanced Energy Industries Inc), Executive Change in Control Agreement (Advanced Energy Industries Inc)
Mitigation. In no event shall the Executive be obligated to seek other employment or take any other action by way of mitigation of to mitigate the amounts payable to the Executive under any of the provisions of this Agreement, nor shall the amount of any payment hereunder be reduced by any compensation earned as result of the Executive’s employment by another employer, except that any continued welfare benefits provided for by Section 4.3 shall not duplicate any benefits that are provided to the Executive and his family by such other employer and shall be secondary to any coverage provided by such other employer.
Appears in 3 contracts
Samples: Employment Agreement (Anchor Glass Container Corp /New), Employment Agreement (Anchor Glass Container Corp /New), Employment Agreement (Anchor Glass Container Corp /New)
Mitigation. In no event shall the Executive be obligated to seek other employment or take any other action by way of mitigation of the amounts payable to the Executive under any of the provisions provision of this AgreementAgreement and any amounts payable to the Executive pursuant to this Section 6 shall not be reduced by any compensation earned by the Executive on account of employment with another employer following the termination of his employment hereunder.
Appears in 2 contracts
Samples: Employment Agreement (BSD Medical Corp), Employment Agreement (BSD Medical Corp)
Mitigation. In no event shall the Executive be obligated to seek other employment or take any other action by way of mitigation of the amounts payable to the Executive under any of the provisions of this Compensation and Benefits Assurance Agreement, nor shall the amount of any payment hereunder be reduced by any compensation earned by Executive as a result of employment by another employer, other than as provided in Subparagraph 4(c)(v) herein.
Appears in 2 contracts
Mitigation. In no event shall will the Executive be obligated to seek other employment or take any other action by way of mitigation of the amounts (including amounts for damages for breach) payable to the Executive under any of the provisions of this AgreementAgreement and those amounts will not be reduced simply because the Executive obtains other employment.
Appears in 2 contracts
Samples: Employment Agreement (JOANN Inc.), Employment Agreement (Jo-Ann Stores Inc)
Mitigation. In no event shall the Executive be obligated to seek other employment or take any other action by way of mitigation of the amounts payable to the Executive under any of the provisions of this Agreement. Except as otherwise set forth herein with respect to health, prescription drug, dental disability and life insurance benefits, any severance benefits payable to the Executive shall not be subject to reduction for any compensation received from other employment.
Appears in 2 contracts
Samples: Employment Agreement (Geospatial Corp), Employment Agreement (Geospatial Corp)
Mitigation. In no event shall the Executive be obligated to seek other employment or take any other action by way of mitigation of the amounts payable to the Executive under any of the provisions of this AgreementAgreement and such amounts shall not be subject to offset or otherwise reduced whether or not the Executive obtains other employment.
Appears in 2 contracts
Samples: Execution Copy (Inventiv Health Inc), Employment Agreement (Inventiv Health Inc)
Mitigation. In no event shall the Executive be obligated to seek other employment or take any other action by way of mitigation of the amounts payable to the Executive under any of the provisions of this Agreement, and such amounts shall not be reduced whether or not Executive obtains other employment.
Appears in 2 contracts
Samples: Agreement (Cme Group Inc.), Agreement (Cme Group Inc.)
Mitigation. In no event shall the Executive be obligated to seek other employment or take any other action by way of mitigation of to mitigate the amounts payable or benefits provided to the Executive under any of the provisions of this Agreement, nor shall any such payments or benefits be reduced by any earnings or benefits that the Executive may receive from any other source.
Appears in 1 contract
Samples: Retention Agreement (Maxygen Inc)
Mitigation. In no event shall the Executive be obligated to seek other employment or take any other action by way of mitigation of the amounts payable to the Executive under any of the provisions of this Agreement.Agreement and except as provided in Section V.B.2, any amounts payable pursuant to this Section V shall not be reduced by compensation the Executive earns on account of employment with another employer. G.
Appears in 1 contract
Mitigation. In no event shall the Executive be obligated to seek other employment or take any other action by way of mitigation of the amounts payable to the Executive under any of the provisions of this Amended Agreement, nor shall any employment of the Executive affect the obligations of the Company to the Executive under this Amended Agreement.
Appears in 1 contract
Mitigation. In no event shall the Executive be obligated to seek other employment or take any other action by way of mitigation of the amounts payable to the Executive under any of the provisions of this Agreement, nor shall the amount of any payment hereunder be reduced by any compensation earned by Executive as a result of employment by a subsequent employer.
Appears in 1 contract
Mitigation. In no event shall the Executive be obligated to seek other employment or take any other action by way of mitigation of the amounts payable to the Executive under any of the provisions of this AgreementAgreement and except as provided in Section 5.2(c), any amounts payable pursuant to this Section shall not be reduced by compensation the Executive earns on account of employment with another employer.
Appears in 1 contract
Mitigation. In no event shall the Executive be obligated to seek other employment or take any other action by way of mitigation of the amounts payable to the Executive under any of the provisions of this Agreement. Any severance benefits payable to the Executive shall not be subject to reduction for any compensation received from other employment except as provided for welfare benefits in subsection 5.2.2.
Appears in 1 contract
Samples: Employment Agreement (Gatx Corp)
Mitigation. In no event shall the Executive be obligated to seek other employment or take any other action by way of mitigation of the amounts payable to the Executive under any of the provisions of this AgreementAgreement and except as expressly provided, such amounts shall not be reduced whether or not Executive obtains other employment.
Appears in 1 contract
Mitigation. In no event shall the Executive be obligated to seek other employment or take any other action by way of mitigation of the amounts payable to the Executive under any of the provisions of this Agreement, nor shall any employment of the Executive affect the obligations of the Company to the Executive under this Agreement except as provided in 7.2.1.
Appears in 1 contract
Samples: Form of Employment Agreement (Flow International Corp)
Mitigation. In no event shall the Executive be obligated to seek other employment or take any other action by way of mitigation of the amounts payable to the Executive under any of the provisions of this Agreement. Any severance benefits payable to the Executive shall not be subject to reduction for any compensation received from other employment. 13.
Appears in 1 contract
Samples: Employment Agreement
Mitigation. In no event shall the Executive be obligated to seek other employment or take any other action by way of mitigation of the amounts payable to the Executive under any of the provisions of this AgreementAgreement and except as provided in Sections 2.1(c) and 2.2(c) (with respect to medical insurance continuation), any amounts payable pursuant to Section 2 shall not be reduced by compensation Executive earns on account of employment with another employer.
Appears in 1 contract
Samples: Severance and Change in Control Agreement (LSB Industries Inc)
Mitigation. In no event shall the Executive be obligated to seek other employment or take any other action by way of mitigation of the amounts payable to the Executive under any of the provisions of this Agreement. Except as otherwise set forth herein with respect to health insurance benefits, any severance benefits payable to the Executive shall not be subject to reduction for any compensation received from other employment.
Appears in 1 contract
Mitigation. In no event shall the Executive be obligated to seek other employment or take any other action by way of mitigation of to mitigate the amounts payable to the Executive under any of the provisions of this Agreement, nor shall the amount of any payment hereunder be reduced by any compensation earned as result of the Executive's employment by another employer.
Appears in 1 contract
Samples: Employment Agreement (Anchor Glass Container Corp /New)