No Duty to Mitigate. The Employee shall not be required to mitigate the amount of any payment contemplated by this Agreement, nor shall any such payment be reduced by any earnings that the Employee may receive from any other source.
Appears in 355 contracts
Samples: Change of Control Severance Agreement (Microchip Technology Inc), Change of Control Severance Agreement (Harmonic Inc), Change of Control Severance Agreement (Harmonic Inc)
No Duty to Mitigate. The Employee shall not be required to mitigate the amount of any payment contemplated by this AgreementAgreement (whether by seeking new employment or in any other manner), nor shall any such payment be reduced by any earnings that the Employee may receive from any other source.
Appears in 92 contracts
Samples: Management Retention Agreement (Heron Therapeutics, Inc. /De/), Management Retention Agreement (Heron Therapeutics, Inc. /De/), Management Continuity and Severance Agreement (Dynavax Technologies Corp)
No Duty to Mitigate. The Employee shall not be required to mitigate the amount of any payment contemplated by this Agreement, nor shall any such payment be reduced by any earnings that the Employee may receive from any other source.
Appears in 68 contracts
Samples: Employment Agreement (Spring Valley Acquisition Corp.), Employment Agreement (Spring Valley Acquisition Corp.), Retention Incentive Agreement
No Duty to Mitigate. The Employee shall not be required to mitigate the amount of any payment contemplated by this Agreement (whether by seeking new employment or in any other manner), nor, except as otherwise provided in this Agreement, nor shall any such payment be reduced by any earnings that the Employee may receive from any other source.
Appears in 66 contracts
Samples: Separation Agreement and Release (Vivus Inc), Separation Agreement and Release (Vivus Inc), Change of Control and Severance Agreement (Vivus Inc)
No Duty to Mitigate. The Employee shall not be required to mitigate the amount of any payment contemplated by this AgreementAgreement (whether by seeking new employment or in any other manner), nor shall any such payment be reduced by any earnings that the Employee may receive from any other source.
Appears in 43 contracts
Samples: Retention Agreement, Change of Control Agreement (Quantum Corp /De/), Change of Control Agreement (Quantum Corp /De/)
No Duty to Mitigate. The Employee shall will not be required to mitigate the amount of any payment contemplated by this Agreement, nor shall will any such payment be reduced by any earnings that the Employee may receive from any other source.
Appears in 36 contracts
Samples: Change of Control and Severance Agreement (Cutera Inc), Change of Control and Severance Agreement (Gi Dynamics, Inc.), Change of Control and Severance Agreement (Cutera Inc)
No Duty to Mitigate. The Employee shall not be required to ------------------- mitigate the amount of any payment contemplated by this Agreement, nor shall any such payment be reduced by any earnings that the Employee may receive from any other source.
Appears in 34 contracts
Samples: Employment Agreement (Notify Corp), Employment Agreement (Notify Corp), Control Severance Agreement (E Stamp Corp)
No Duty to Mitigate. The Employee shall not be required to mitigate the amount of any payment contemplated by this Agreement (whether by seeking new employment or in any other manner), nor, except as otherwise provided in this Agreement, nor shall any such payment be reduced by any earnings that the Employee may receive from any other source.
Appears in 30 contracts
Samples: Change in Control Agreement (Fusion Connect, Inc.), Change of Control Agreement (Integrated Device Technology Inc), Change of Control Agreement (Integrated Device Technology Inc)
No Duty to Mitigate. The Employee shall not be required to mitigate the amount value of any payment benefits contemplated by this Agreement, nor shall any such payment benefits be reduced by any earnings or benefits that the Employee may receive from any other source.
Appears in 30 contracts
Samples: Management Retention Agreement (Palmsource Inc), Management Retention Agreement (3com Corp), Management Retention Agreement (Palmsource Inc)
No Duty to Mitigate. The Employee shall not be required to mitigate the amount of any payment contemplated by this AgreementAgreement (whether by seeking New Employment or in any other manner), nor shall any such payment be reduced by any earnings that the Employee may receive from any other source.
Appears in 25 contracts
Samples: Change in Control Agreement (Sciclone Pharmaceuticals Inc), Change in Control Agreement (Sciclone Pharmaceuticals Inc), Change in Control Agreement (Sciclone Pharmaceuticals Inc)
No Duty to Mitigate. The Employee shall not be required to mitigate the amount of any payment contemplated by this Agreement, nor shall any such payment be reduced by any earnings that the Employee may receive from any other source.
Appears in 19 contracts
Samples: Employment Severance Agreement, Employment Severance Agreement (Tandem Diabetes Care Inc), Change of Control Agreement (Sunworks, Inc.)
No Duty to Mitigate. The Employee shall will not be required to mitigate the amount of any payment contemplated by this Agreement, nor shall any such payment be reduced by will any earnings that the Employee may receive from any other sourcesource reduce any such payment.
Appears in 14 contracts
Samples: Employment Agreement (Establishment Labs Holdings Inc.), Employment Agreement (Establishment Labs Holdings Inc.), Employment Agreement (Establishment Labs Holdings Inc.)
No Duty to Mitigate. The Employee shall not be required to mitigate the amount of any payment contemplated by this AgreementAgreement (whether by seeking new employment or in any other manner), nor shall any such payment be reduced by any earnings that the Employee may receive from any other sourcesource reduce any such payment.
Appears in 10 contracts
Samples: Agreement (Insmed Inc), Agreement (Insmed Inc), Agreement (Insmed Inc)
No Duty to Mitigate. The Employee shall not be required to mitigate the amount of any payment contemplated by this AgreementAgreement (whether by seeking New Employment or in any other manner), nor shall any such payment be reduced by any earnings that the Employee may receive from any other source.
Appears in 9 contracts
Samples: Employee Retention Agreement (Sciclone Pharmaceuticals Inc), Employee Retention Agreement (Sciclone Pharmaceuticals Inc), Employee Retention Agreement (Sciclone Pharmaceuticals Inc)
No Duty to Mitigate. The Employee shall not be required to ------------------- mitigate the amount of any payment contemplated by this AgreementAgreement (whether by seeking new employment or in any other manner), nor shall any such payment be reduced by any earnings that the Employee may receive from any other source.
Appears in 8 contracts
Samples: Change of Control Agreement (Consilium Inc), Transition Agreement (Hewlett Packard Co), Employment Agreement (Rational Software Corp)
No Duty to Mitigate. The Employee shall not be required to mitigate the amount of any payment contemplated by this AgreementAgreement (whether by seeking employment with a new employer or in any other manner), nor shall any such payment be reduced by any earnings that the Employee may receive from any other sourcesource except as otherwise provided herein.
Appears in 8 contracts
Samples: Employment Agreement (Aastrom Biosciences Inc), Employment Agreement (Aastrom Biosciences Inc), Employment Agreement (Aastrom Biosciences Inc)
No Duty to Mitigate. The Employee shall not be required to mitigate the amount of any payment contemplated by this Agreement, nor (except as otherwise provided herein) shall any such payment be reduced by any earnings that the Employee may receive from any other source.
Appears in 7 contracts
Samples: Change of Control Severance Agreement (Zagg INC), Change of Control Severance Agreement (Logitech International Sa), Change of Control Severance Agreement (Logitech International Sa)
No Duty to Mitigate. The Employee shall not be required to mitigate the amount of any payment contemplated by this Agreement, nor shall any such payment be reduced by any earnings that the Employee may receive from any other source, except as set forth in Section 3(b)(ii)(B).
Appears in 6 contracts
Samples: Change of Control Severance Agreement (Microchip Technology Inc), Change of Control Severance Agreement (Microchip Technology Inc), Change of Control Severance Agreement (Microchip Technology Inc)
No Duty to Mitigate. The Employee shall not be required to mitigate the amount of any payment contemplated provided for in this Agreement by this Agreementseeking other employment or otherwise, nor shall any such payment be reduced amounts received from other employment or otherwise by Employee offset in any earnings that manner the Employee may receive from any other sourceobligations of the Company hereunder.
Appears in 5 contracts
Samples: Employment Agreement (V One Corp/ De), Employment Agreement (V One Corp/ De), Employment Agreement (V One Corp/ De)
No Duty to Mitigate. The Employee shall not be required to mitigate the amount of any payment contemplated by this Agreement, nor shall any such payment be reduced by any earnings that the Employee may receive from any other source.. (b)
Appears in 5 contracts
Samples: Severance Agreement, Control Agreement, Control Severance Agreement (Lsi Logic Corp)
No Duty to Mitigate. The Employee shall not be required to mitigate the amount of any payment contemplated by this Agreement, nor shall any such payment be reduced by any earnings that the Employee may receive from any other source, except as set forth in Section 5(a)(iii) hereof.
Appears in 5 contracts
Samples: Management Retention Agreement (Crystal Decisions Inc), Management Retention Agreement (Crystal Decisions Inc), Management Retention Agreement (Crystal Decisions Inc)
No Duty to Mitigate. The Employee shall not be required to mitigate the amount of any payment contemplated by this Agreement, nor shall any such payment be reduced Agreement (whether by any earnings that the Employee may receive from seeking new employment or in any other sourcemanner).
Appears in 5 contracts
Samples: Employment Agreement (Omeros Corp), Employment Agreement (Omeros Corp), Change of Control Agreement (Ithaka Acquisition Corp)
No Duty to Mitigate. The Employee shall not be required to mitigate the amount of any payment or benefit contemplated by this AgreementAgreement (whether by seeking new employment or in any other manner), nor (except as otherwise provided in this Agreement) shall any such payment or benefit be reduced by the Employee obtaining new employment or by any earnings that the Employee may receive from any other source.
Appears in 5 contracts
Samples: Senior Vp Continuity Agreement (Arthrocare Corp), Senior Vp Continuity Agreement (Arthrocare Corp), Vp Continuity Agreement (Arthrocare Corp)
No Duty to Mitigate. The Employee shall not be required to mitigate the amount of any payment contemplated by this AgreementAgreement (whether by seeking new employment or in any other manner), nor shall any such payment be reduced by any earnings that the Employee may receive from any other source, except as specifically provided for herein.
Appears in 4 contracts
Samples: Employment Agreement (Silicon Valley Group Inc), Employment Agreement (Silicon Valley Group Inc), Employment Agreement (Silicon Valley Group Inc)
No Duty to Mitigate. The Employee shall not be required to mitigate the amount of any payment contemplated by this AgreementAgreement (whether by seeking new employment or in any other manner), nor nor, except with respect to the Employment Benefits as described in Section 2(a)(i), shall any such payment be reduced by any earnings that the Employee may receive from any other source.
Appears in 4 contracts
Samples: Retention Agreement (Saflink Corp), Change of Control Agreement (Tab Products Co), Retention Agreement (Saflink Corp)
No Duty to Mitigate. The Employee shall not be required to mitigate ------------------- the amount of any payment contemplated by this Agreement, nor shall any such payment be reduced by any earnings that the Employee may receive from any other source.
Appears in 3 contracts
Samples: Control Severance Agreement (Catalytica Combustion Systems Inc), Employment Agreement (Applied Imaging Corp), Control Severance Agreement (Catalytica Energy Systems Inc)
No Duty to Mitigate. The Employee shall not be required to mitigate the amount of any payment contemplated by this AgreementAgreement (whether by seeking new employment or in any other manner), nor shall any such payment be reduced by any earnings that the Employee may receive from any other source.
Appears in 3 contracts
Samples: Change of Control Agreement (Catalyst Group Holdings Corp.), Change of Control Agreement (Catalyst Group Holdings Corp.), Change of Control Agreement (Catalyst Group Holdings Corp.)
No Duty to Mitigate. The Employee shall not be required to mitigate the amount of any payment contemplated by this Agreement, nor shall any such payment be reduced by any earnings that the Employee may receive from any other source, subject to the termination provisions of Section 3(a)(1).
Appears in 3 contracts
Samples: Change of Control Severance Agreement (Sync Research Inc), Severance Agreement (Preview Travel Inc), Change of Control Severance Agreement (Sync Research Inc)
No Duty to Mitigate. The Employee shall will not be required to mitigate the amount of any payment or benefit contemplated by this Agreement, nor shall any such payment be reduced by will any earnings that the Employee may receive from any other sourcesource reduce any such payment or benefit.
Appears in 3 contracts
Samples: Employment Agreement (Local Bounti Corporation/De), Employment Agreement (Local Bounti Corporation/De), Employment Agreement (Local Bounti Corporation/De)
No Duty to Mitigate. The Employee shall not be required to mitigate the amount of any payment contemplated by this Agreement, nor shall any such payment be reduced reduced, except as provided above in Section 3(e), by any earnings that the Employee may receive from any other source.
Appears in 2 contracts
Samples: Severance Agreement (Marvell Technology, Inc.), Severance Agreement (Marvell Technology, Inc.)
No Duty to Mitigate. The Employee shall not be required to mitigate the amount of any payment contemplated by this AgreementAgreement (whether by seeking new employment or in any other manner), nor shall any such payment be reduced by any earnings that the Employee may receive from any other sourcesource or otherwise be subject to any offset (except as may be set forth in the Compensation Recovery Policy as in effect from time to time).
Appears in 2 contracts
Samples: Employment Agreement (Synopsys Inc), Employment Agreement (Synopsys Inc)
No Duty to Mitigate. The Employee shall not be required to mitigate the amount of any payment Payment contemplated by this AgreementAgreement (whether by seeking new employment or in any other manner), nor shall any such payment Payment be reduced by any earnings that the Employee may receive from any other source.
Appears in 2 contracts
Samples: Change of Control Agreement (Repeater Technologies Inc), Change of Control Agreement (Repeater Technologies Inc)
No Duty to Mitigate. The Employee shall not be required to mitigate the amount of any payment contemplated by this AgreementAgreement (whether by seeking new employment or in any other manner), nor shall any such payment be reduced by any earnings that the Employee may receive from any other sourcesource (except as expressly provided in Section 2(c)(ii) and Section 3(b)(ii)).
Appears in 2 contracts
Samples: Management Continuity and Severance Agreement (Dynavax Technologies Corp), Management Continuity and Severance Agreement (Dynavax Technologies Corp)
No Duty to Mitigate. The Employee shall will not be required to mitigate the amount of any payment contemplated by this AgreementAgreement (whether by seeking New Employment or in any other manner), nor shall will any such payment be reduced by any earnings that the Employee may receive from any other source.
Appears in 2 contracts
Samples: Change in Control Agreement (Sciclone Pharmaceuticals Inc), Change in Control Agreement (Sciclone Pharmaceuticals Inc)
No Duty to Mitigate. The Employee shall not be required to mitigate the amount of any payment contemplated by this Agreement, nor shall any such payment be reduced by any earnings that the Employee may receive from any other source.,
Appears in 2 contracts
Samples: Involuntary Termination Severance Agreement (Fusion-Io, Inc.), Involuntary Termination Severance Agreement (Fusion-Io, Inc.)
No Duty to Mitigate. The Employee shall not be required to mitigate the amount of any payment contemplated by this Agreement, Agreement (whether by seeking new employment or in any other manner) nor shall any such payment be reduced by any earnings that the Employee may receive from any other source.
Appears in 2 contracts
Samples: Employment Agreement (Etelos, Inc.), Employment Agreement (Etelos, Inc.)
No Duty to Mitigate. The Employee shall not be ------------------- required to mitigate the amount of any payment contemplated by this Agreement, nor shall any such payment be reduced by any earnings that the Employee may receive from any other source.
Appears in 1 contract
Samples: Management Retention Agreement (Seagate Technology Holdings)
No Duty to Mitigate. The Employee shall not be required to mitigate the amount of any payment benefit contemplated by this Agreement, nor shall any such payment benefit be reduced by any earnings that the Employee may receive from any other source.
Appears in 1 contract
No Duty to Mitigate. The Employee shall will not be required to mitigate the amount of any payment contemplated by this AgreementAgreement (whether by seeking New Employment or in any other manner), nor shall will any such payment be reduced by any earnings that the Employee may receive from any other source.
Appears in 1 contract
Samples: Employment Agreement (Sciclone Pharmaceuticals Inc)
No Duty to Mitigate. The Employee shall will not be required to mitigate the amount of any payment or consideration contemplated by this Agreement, nor shall any such payment be reduced by will any earnings that the Employee may receive from any other sourcesource reduce any such payment or consideration.
Appears in 1 contract
Samples: Separation and Release of Claims Agreement (Td Ameritrade Holding Corp)
No Duty to Mitigate. The Employee shall not be required to mitigate the amount of any payment or benefit contemplated by this Agreement, nor shall any such payment or benefit be reduced by any earnings that the Employee may receive from any other source.
Appears in 1 contract
No Duty to Mitigate. The Employee shall not be required to mitigate the amount of any payment contemplated by this Agreement (whether by seeking new employment or in any other manner), nor, except as otherwise provided in this Agreement, nor shall any such payment be reduced by any earnings that the Employee may my receive from any other source.
Appears in 1 contract
Samples: Vesting Agreement (Scansoft Inc)
No Duty to Mitigate. The Employee shall not be required to mitigate the amount of any payment contemplated by this AgreementAgreement (whether by seeking new employment or in any other manner), nor shall any such payment be reduced by any earnings that the Employee may receive from any other sourcesource (except as expressly provided in Section 2(c)(ii)).
Appears in 1 contract
Samples: Management Continuity and Severance Agreement (Dynavax Technologies Corp)
No Duty to Mitigate. The Employee shall not be required to mitigate the amount of any payment contemplated by this Agreement, nor shall any such payment be reduced by any earnings that the Employee may receive from any other source.. (c)
Appears in 1 contract
Samples: Change of Control Severance Agreement (Formfactor Inc)
No Duty to Mitigate. The Neither Employee nor any affiliate of Employee shall not be required to mitigate the amount of any payment contemplated by this Agreement, nor nor, except as otherwise provided in this Agreement, shall any such payment be reduced by any earnings that the Employee may receive from any other source.
Appears in 1 contract
No Duty to Mitigate. The Employee shall not be required to mitigate the amount of any payment contemplated by this AgreementAmended Agreement (whether by seeking new employment or in any other manner), nor shall any such payment be reduced by any earnings that the Employee may receive from any other source.
Appears in 1 contract
No Duty to Mitigate. The Employee shall not be required to mitigate the amount of any payment contemplated by this Agreement, nor shall any such payment be reduced by any earnings that the Employee may receive from any other sourcesource reduce any such payment.
Appears in 1 contract
Samples: Change of Control Severance Agreement (Bombay Company Inc)
No Duty to Mitigate. The Employee shall not be required to ------------------- mitigate the amount of any payment contemplated by this AgreementAgreement (whether by seeking New Employment or in any other manner), nor shall any such payment be reduced by any earnings that the Employee may receive from any other source.
Appears in 1 contract
Samples: Change in Control Agreement (Borland Software Corp)
No Duty to Mitigate. The Employee shall not be required to mitigate the amount of any payment contemplated by this AgreementAgreement (whether by seeking new employment or in any other manner), nor shall any such payment be reduced by any earnings that the Employee may receive from any other source.. (b)
Appears in 1 contract
Samples: Corporation Retention Agreement (Neophotonics Corp)
No Duty to Mitigate. The Employee shall not be required to mitigate ------------------- the amount of any payment contemplated by this Agreement, nor shall any such payment be reduced by any earnings that the Employee may receive from any other source.
Appears in 1 contract
Samples: Change of Control Agreement (International Network Services)
No Duty to Mitigate. The Employee shall not be required to mitigate the amount of any payment contemplated by this Agreement, nor shall any such payment be reduced by any earnings that the Employee may receive from any other source.. Xxxxxxx Xxxxxxxxx Agmt 5.31.16.docx
Appears in 1 contract
No Duty to Mitigate. The Employee shall will not be required to mitigate the amount of any payment or consideration contemplated by this Agreement, nor shall any such payment be reduced by will any earnings that the Employee may receive from any other source.source reduce any such payment or consideration. (e)
Appears in 1 contract
No Duty to Mitigate. The Employee shall not be required to mitigate the amount of any payment contemplated by this Agreement, nor shall any such payment be reduced by any earnings that the Employee may receive from any other sourcesource (except as outlined by Section 3(a)(2)(ii)).
Appears in 1 contract
