Common use of No Duty of Mitigation Clause in Contracts

No Duty of Mitigation. The Corporation acknowledges that it would be very difficult and generally impracticable to determine Employee's ability to, or the extent to which Employee may, mitigate any damages or injuries Employee may incur by reason of an involuntary termination without Just Cause or Change of Control. The Corporation has taken this into account in entering into this Agreement and, accordingly, the Corporation acknowledges and agrees that Employee shall have no duty to mitigate any such damages and that Employee shall be entitled to receive Employee's entire Severance Payment (as above determined) and/or compensation regardless of the existence, amount, or source of any income which Employee receive from other sources following Employee's termination after any Change of Control or involuntary termination without Just Cause.

Appears in 4 contracts

Samples: Employment Agreement (Total Entertainment Restaurant Corp), Employment Agreement (Total Entertainment Restaurant Corp), Employment Agreement (Total Entertainment Restaurant Corp)

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