Common use of No Duty to Mitigate Damages Clause in Contracts

No Duty to Mitigate Damages. Executive’s benefits under this Agreement shall be considered severance pay in consideration of Executive’s past service and Executive’s continued service from the date of this Agreement, and Executive’s entitlement thereto shall neither be governed by any duty to mitigate Executive’s damages by seeking further employment nor offset by any compensation which Executive may receive from future employment.

Appears in 14 contracts

Samples: Control Severance Agreement (BJS Wholesale Club Inc), Change of Control Severance Agreement (BJS Wholesale Club Inc), Change of Control Severance Agreement (BJS Wholesale Club Inc)

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No Duty to Mitigate Damages. Executive’s 's benefits under this Agreement shall be considered severance pay in consideration of Executive’s 's past service and Executive’s 's continued service from the date of this Agreement, and Executive’s 's entitlement thereto shall neither be governed by any duty to mitigate Executive’s 's damages by seeking further employment nor offset by any compensation which Executive may receive from future employment.

Appears in 8 contracts

Samples: Change of Control Severance Agreement (Homebase Inc), Change of Control Severance Agreement (Homebase Inc), Change of Control Severance Agreement (Homebase Inc)

No Duty to Mitigate Damages. Executive’s 's benefits under this Agreement shall be considered severance pay compensation in consideration of Executive’s past service and Executive’s his continued service from the date of this Agreement, and Executive’s his entitlement thereto shall neither be governed by any duty to mitigate Executive’s damages by seeking further employment nor offset by any compensation which Executive he may receive from future employment.

Appears in 3 contracts

Samples: Retention Agreement (Filenes Basement Corp), Retention Agreement (Filenes Basement Corp), Retention Agreement (Filenes Basement Corp)

No Duty to Mitigate Damages. Executive’s 's benefits under this Agreement shall be considered severance pay in consideration of Executive’s his past service and Executive’s his continued service from the date of this Agreement, and Executive’s his entitlement thereto shall neither be governed by any duty to mitigate Executive’s his damages by seeking further employment nor offset by any compensation which Executive that he may receive from future employment, except as provided in Section 1.1(b).

Appears in 2 contracts

Samples: Severance Agreement (Cyrk Inc), Severance Agreement (Cyrk Inc)

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No Duty to Mitigate Damages. Executive’s 's benefits under this --------------------------- Agreement shall be considered severance pay in consideration of Executive’s 's past service and Executive’s 's continued service from the date of this Agreement, and Executive’s 's entitlement thereto shall neither be governed by any duty to mitigate Executive’s 's damages by seeking further employment nor offset by any compensation which Executive may receive from future employment.

Appears in 1 contract

Samples: Change of Control Severance Agreement (BJS Wholesale Club Inc)

No Duty to Mitigate Damages. Executive’s 's benefits under this Agreement --------------------------- shall be considered severance pay in consideration of Executive’s 's past service and Executive’s 's continued service from the date of this Agreement, and Executive’s 's entitlement thereto shall neither be governed by any duty to mitigate Executive’s 's damages by seeking further employment nor offset by any compensation which Executive may receive from future employment.

Appears in 1 contract

Samples: Change of Control Severance Agreement (BJS Wholesale Club Inc)

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