Common use of No Duty to Mitigate Clause in Contracts

No Duty to Mitigate. The Executive shall not be required to mitigate the amount of any payment provided for in this Agreement by seeking other employment. Moreover, provided the Executive is not in breach of any obligation under Articles 6 and 7 of this Agreement, the amount of any payment provided for in this Agreement shall not be reduced by any compensation earned or benefits provided as the result of employment of the Executive or as a result of the Executive being self-employed after employment termination.

Appears in 54 contracts

Samples: Employment Agreement (Wellesley Bancorp, Inc.), Employment Agreement (MB Bancorp Inc), Employment Agreement (MB Bancorp Inc)

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No Duty to Mitigate. The Executive shall not be required to mitigate the amount of any payment or benefit provided for in this Agreement by seeking other employment. Moreoveremployment or otherwise, provided the Executive is not in breach of any obligation under Articles 6 and 7 of this Agreementnor, shall the amount of any payment or benefit provided for in this Agreement shall not be reduced by any compensation or benefit earned or benefits provided as the result of employment of the by Executive or as a result of the Executive being employment by another employer, self-employed after employment terminationearnings, by retirement benefits, by offset against any amount claimed to be owing by Executive to Company, or otherwise.

Appears in 22 contracts

Samples: Executive Employment Agreement (KLX Energy Services Holdings, Inc.), Executive Employment Agreement (KLX Energy Services Holdings, Inc.), Executive Employment Agreement (KLX Energy Services Holdings, Inc.)

No Duty to Mitigate. The Executive shall not be required to mitigate the amount of any payment provided for in this Agreement by seeking other employment. Moreover, provided the Executive is not in breach of any obligation under Articles 6 employment or otherwise and 7 of this Agreement, no payment hereunder shall be offset or reduced by the amount of any payment provided for in this Agreement shall not be reduced by any compensation earned or benefits provided as the result of employment of to the Executive or as a result of the Executive being self-employed after employment terminationin any subsequent employment.

Appears in 19 contracts

Samples: Employment Agreement (Dress Barn Inc), Employment Agreement (Tween Brands, Inc.), Employment Agreement (Tween Brands, Inc.)

No Duty to Mitigate. The Executive shall not be required to mitigate the amount of any payment provided for in this Agreement by seeking other employmentemployment or otherwise. Moreover, provided the Executive is not in breach of any obligation under Articles 6 and 7 of this Agreement, No such payment shall be offset or reduced by the amount of any payment provided for in this Agreement shall not be reduced by any compensation earned or benefits provided as the result of employment of the to Executive or as a result of the Executive being self-employed after employment terminationin any subsequent employment.

Appears in 13 contracts

Samples: Employment Agreement (Global Geophysical Services Inc), Employment Agreement (Eco-Stim Energy Solutions, Inc.), Employment Agreement (Eco-Stim Energy Solutions, Inc.)

No Duty to Mitigate. The Executive shall is not be required to mitigate the amount of any payment provided for in salary or benefits payable pursuant to this Agreement upon termination of his employment by seeking other employment. Moreoveremployment or otherwise, provided the Executive is not in breach of nor shall any obligation under Articles 6 and 7 of this Agreement, the amount of any payment provided for in to be paid by Employer pursuant to this Agreement shall not upon termination of Executive’s employment be reduced by any compensation earned or benefits provided as the result of employment of the by Executive or as a result of the Executive being self-employed after employment terminationby another employer that is not in violation of Executive’s obligations under Section 12.

Appears in 8 contracts

Samples: Employment Agreement (1st Source Corp), Employment Agreement (1st Source Corp), Employment Agreement (1st Source Corp)

No Duty to Mitigate. The Executive shall not be required to mitigate the amount of any payment provided for in or benefit contemplated by this Agreement by seeking other employment. Moreoveremployment with a new employer or otherwise, provided the Executive is not in breach of nor shall any obligation under Articles 6 and 7 of this Agreement, the amount of any such payment provided for in this Agreement shall not or benefit be reduced by any compensation earned or benefits that Executive may receive from employment by another employer other than as provided as the result in Section 6.1(d) of employment of the Executive or as a result of the Executive being self-employed after employment terminationthis Agreement.

Appears in 7 contracts

Samples: Employment Agreement, Transition Agreement (Pico Holdings Inc /New), Employment Agreement (Pico Holdings Inc /New)

No Duty to Mitigate. The Executive shall not be required to mitigate the amount of any payment provided for in this Agreement by seeking other employment. Moreover, provided the Executive is not in breach of any obligation under Articles Article 6 and 7 of this Agreement, the amount of any payment provided for in this Agreement shall not be reduced by any compensation earned or benefits provided as the result of employment of the Executive or as a result of the Executive being self-employed after employment termination.

Appears in 7 contracts

Samples: Employment Agreement (Equitable Financial Corp.), Employment Agreement (HV Bancorp, Inc.), Employment Agreement (HV Bancorp, Inc.)

No Duty to Mitigate. The Executive shall not be required to mitigate the amount of any payment or benefit provided for in this Agreement by seeking other employment. Moreoveremployment or otherwise, nor, except as provided the Executive is not in breach of any obligation under Articles 6 and 7 of this AgreementSection 6(k), shall the amount of any payment or benefit provided for in this Agreement shall not be reduced by any compensation or benefit earned or benefits provided as the result of employment of the by Executive or as a result of the Executive being employment by another employer, self-employed after employment terminationearnings, by retirement benefits, by offset against any amount claimed to be owing by Executive to Company, or otherwise.

Appears in 6 contracts

Samples: Executive Employment Agreement (Energy Xxi (Bermuda) LTD), Executive Employment Agreement (Energy Xxi (Bermuda) LTD), Executive Employment Agreement (Energy Xxi (Bermuda) LTD)

No Duty to Mitigate. The Executive shall not be required to mitigate the amount of any payment or benefit provided for in this Agreement by seeking other employment. Moreoveremployment or otherwise, provided the Executive is not in breach of any obligation under Articles 6 and 7 of this Agreement, nor shall the amount of any payment or benefit provided for in this Agreement shall not be reduced by any compensation or benefit earned or benefits provided as the result of employment of the by Executive or as a result of the Executive being employment by another employer, self-employed after employment terminationearnings, or by retirement benefits.

Appears in 5 contracts

Samples: Employment Agreement (Energy XXI Gulf Coast, Inc.), Employment Agreement (Energy XXI Gulf Coast, Inc.), Employment Agreement (Energy XXI Gulf Coast, Inc.)

No Duty to Mitigate. The Executive shall is not be required to mitigate the amount of any payment provided for in salary or benefits payable pursuant to this Agreement upon termination of his employment by seeking other employment. Moreoveremployment or otherwise, nor shall any amount provided the Executive is not in breach of any obligation under Articles 6 and 7 of this Agreement, the amount of any payment provided for in to be paid by Employer pursuant to this Agreement shall not upon termination of Executive's employment be reduced by any compensation earned or benefits provided as the result of employment of the Executive or by Employee as a result of the Executive being self-employed after employment terminationby another employer that is not in violation of Executive's obligations under Section 12.

Appears in 5 contracts

Samples: Employment Agreement (1st Source Corp), Employment Agreement (1st Source Corp), Employment Agreement (1st Source Corp)

No Duty to Mitigate. The Executive shall not be required to mitigate or offset the amount of any payments or other benefits provided under this Agreement by seeking employment or otherwise, nor shall the amount of any payment provided for in under this Agreement by seeking other employment. Moreover, provided the Executive is not in breach of any obligation under Articles 6 and 7 of this Agreement, the amount of any payment provided for in this Agreement shall not be reduced by any compensation earned or benefits provided by the Executive as the result of employment by another employer after the date of termination from the Executive or as a result of the Executive being self-employed after employment terminationCorporation.

Appears in 4 contracts

Samples: Severance Agreement (Griffon Corp), Severance Agreement (Griffon Corp), Severance Agreement (Griffon Corp)

No Duty to Mitigate. The Executive shall not be required to mitigate the amount of any payment provided for in under this Agreement by seeking other employment. Moreoveremployment or otherwise, provided the Executive is not in breach of any obligation under Articles 6 and 7 of this Agreement, nor shall the amount of any payment provided for in this Agreement shall not be reduced by any compensation earned or benefits provided by the Executive as the result of employment by another employer after the Date of the Executive Termination or as a result of the Executive being self-employed after employment terminationotherwise.

Appears in 4 contracts

Samples: Amended Employment Agreement (Commonwealth Bankshares Inc), Employment Agreement (Commonwealth Bankshares Inc), Amended Employment Agreement (Commonwealth Bankshares Inc)

No Duty to Mitigate. The Executive shall not be required to mitigate the amount of any payment provided for in this Agreement by seeking other employment. Moreover, provided the Executive is not in breach of any obligation under Articles 6 and or 7 of this Agreement, the amount of any payment provided for in this Agreement shall not be reduced by any compensation earned or benefits provided as the result of employment of the Executive or as a result of the Executive being self-employed after employment termination.

Appears in 3 contracts

Samples: Employment Agreement (Naugatuck Valley Financial Corp), Employment Agreement (Naugatuck Valley Financial Corp), Employment Agreement (Naugatuck Valley Financial Corp)

No Duty to Mitigate. The Executive shall not be required to mitigate the amount of any payment provided for in this Agreement by seeking other employment. Moreoveremployment or otherwise, provided nor shall any amounts received from other employment or otherwise by Executive offset in any manner the Executive is not in breach of any obligation under Articles 6 and 7 of this Agreement, the amount of any payment provided for in this Agreement shall not be reduced by any compensation earned or benefits provided as the result of employment obligations of the Executive or as a result of the Executive being self-employed after employment termination.Company hereunder. (c)

Appears in 3 contracts

Samples: Employment Agreement (Mid Atlantic Medical Services Inc), Employment Agreement (Mid Atlantic Medical Services Inc), Employment Agreement (Mid Atlantic Medical Services Inc)

No Duty to Mitigate. The Except as expressly provided herein, the Executive shall not be required to seek other employment or otherwise mitigate the amount of any payment provided for in this Agreement payments to be made by seeking other employment. Moreover, provided the Executive is not in breach of any obligation under Articles 6 and 7 of Companies pursuant to this Agreement. Except as otherwise provided herein, the amount of any payment payments provided for in pursuant to this Agreement shall not be reduced by any compensation earned or benefits provided by the Executive as the result of employment by another employer after the termination of the Executive Executive’s employment or as a result of the Executive being self-employed after employment terminationotherwise.

Appears in 2 contracts

Samples: Executive Employment Agreement (Azure Power Global LTD), Executive Employment Agreement (Azure Power Global LTD)

No Duty to Mitigate. The Executive shall not be required to mitigate the amount of any payment provided for in this Agreement by seeking other employment. Moreover, provided the Executive is not in breach of any obligation under Articles Sections 6 and 7 of this Agreement, the amount of any payment provided for in this Agreement shall not be reduced by any compensation earned or benefits provided as the result of employment of the Executive or as a result of the Executive being self-employed after employment termination.

Appears in 2 contracts

Samples: Employment Agreement (Central Federal Bancshares, Inc), Employment Agreement (Central Federal Bancshares, Inc)

No Duty to Mitigate. The Executive shall not be required to mitigate the amount of any payment provided for in or benefit contemplated by this Agreement by seeking other employment. Moreoveroffice or employment with a new company, provided the Executive is not in breach of employer or otherwise, nor shall any obligation under Articles 6 and 7 of this Agreement, the amount of any such payment provided for in this Agreement shall not or benefit be reduced by any compensation earned or benefits that Executive may receive from office or employment by another company or employer other than as provided as the result of employment of the Executive or as a result of the Executive being self-employed after employment terminationin Section 8.2(b).

Appears in 2 contracts

Samples: Management Agreement (Criteo S.A.), Management Agreement (Criteo S.A.)

No Duty to Mitigate. The Executive shall not be required to mitigate the amount of any payment provided for in this Agreement by seeking other employment. Moreoveremployment or otherwise, provided the Executive is not in breach of any obligation under Articles 6 and 7 of this Agreement, no such payment shall be offset or reduced by the amount of any payment compensation or benefits provided for to the Executive in any subsequent employment. The severance pay and benefits under this Agreement shall not be reduced by in lieu of any compensation earned or benefits provided as the result of employment of other severance pay to which the Executive or as a result of may be entitled from the Executive being self-employed after employment terminationBank.

Appears in 2 contracts

Samples: Change in Control Severance Agreement (Capital Bank Corp), Change in Control Severance Agreement (Capital Bank Corp)

No Duty to Mitigate. The Executive shall not be required to mitigate the amount of any payment provided for in this Agreement by seeking other employment. Moreover, provided the Executive is not in breach of any obligation under Articles 6 and 7 of this AgreementAgreement [if applicable], the amount of any payment provided for in this Agreement shall not be reduced by any compensation earned or benefits provided as the result of employment of the Executive or as a result of the Executive being self-employed after employment termination.

Appears in 2 contracts

Samples: Form of Employment Agreement (Athens Bancshares Corp), Form of Employment Agreement (Athens Bancshares Corp)

No Duty to Mitigate. The Executive shall not be required to mitigate the amount of any payment provided for in this Agreement by seeking other employment. Moreover, provided the Executive is not in breach of any obligation under Articles 5 and 6 and 7 of this Agreement, the amount of any payment provided for in this Agreement shall not be reduced by any compensation earned or benefits provided as the result of employment of the Executive or as a result of the Executive being self-employed after employment termination.

Appears in 2 contracts

Samples: Employment Agreement (First Savings Financial Group Inc), Employment Agreement (First Savings Financial Group Inc)

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No Duty to Mitigate. The Executive shall not be required to mitigate the amount of any payment provided for in this Agreement by seeking other employment. Moreover, provided the Executive is not in breach of any obligation under Articles 6 and 7 of this Agreement, the amount of any payment provided for in this Agreement shall not be reduced by any compensation earned or benefits provided as the result of employment of the Executive or as a result of the Executive being self-employed selfemployed after employment termination.. ​

Appears in 1 contract

Samples: Employment Agreement (Orange County Bancorp, Inc. /DE/)

No Duty to Mitigate. The Executive shall is not be required to mitigate the ------------------- amount of any payment provided for in salary or benefits payable pursuant to this Agreement upon termination of his employment by seeking other employment. Moreoveremployment or otherwise, nor shall any amount provided the Executive is not in breach of any obligation under Articles 6 and 7 of this Agreement, the amount of any payment provided for in to be paid by Employer pursuant to this Agreement shall not upon termination of Executive's employment be reduced by any compensation earned or benefits provided as the result of employment of the Executive or by Employee as a result of the Executive being self-employed after employment terminationby another employer that is not in violation of Executive's obligations under section 12.

Appears in 1 contract

Samples: Employment Agreement (1st Source Corp)

No Duty to Mitigate. The Executive shall not be required to mitigate the amount of any payment or benefit provided for in this Agreement by seeking other employment. Moreoveremployment or otherwise following termination of his employment with the Company, provided the Executive is not in breach of any obligation under Articles 6 and 7 of this Agreement, nor shall the amount of any payment or benefit provided for in this Agreement shall not be reduced by any compensation or benefit earned or benefits provided as the result of employment of the by Executive or as a result of the Executive being employment by another employer, self-employed after employment terminationearnings or by retirement benefits following termination of his employment with the Company.

Appears in 1 contract

Samples: Severance Agreement (Westinghouse Air Brake Technologies Corp)

No Duty to Mitigate. The Executive shall not be required to mitigate the amount of any payment provided for in this Agreement by seeking other employment. Moreover, provided the Executive is not in breach of any obligation under Articles 6 and 7 of this Agreement7, the amount of any payment provided for in this Agreement shall not be reduced by any compensation earned or benefits provided as the result of employment of the Executive or as a result of the Executive being self-employed after employment termination.

Appears in 1 contract

Samples: Employment Agreement (Pulaski Financial Corp)

No Duty to Mitigate. The Executive shall is not be required to mitigate the amount of any payment provided for in salary or benefits payable pursuant to this Agreement upon termination of her employment by seeking other employment. Moreoveremployment or otherwise, provided the Executive is not in breach of nor shall any obligation under Articles 6 and 7 of this Agreement, the amount of any payment provided for in to be paid by Employer pursuant to this Agreement shall not upon termination of Executive’s employment be reduced by any compensation earned or benefits provided as the result of employment of the by Executive or as a result of the Executive being self-employed after employment terminationby another employer that is not in violation of Executive’s obligations under Section 12.

Appears in 1 contract

Samples: Employment Agreement (1st Source Corp)

No Duty to Mitigate. The Executive shall will not be required to mitigate the amount of any payment or benefit provided for in this Agreement by seeking other employment. Moreoveremployment or otherwise, provided the Executive is not in breach of any obligation under Articles 6 and 7 of this Agreement, nor shall the amount of any payment or benefit provided for in this Agreement shall not be reduced by any compensation or benefit earned or benefits provided as the result of employment of the by Executive or as a result of the Executive being employment by another employer, self-employed after employment terminationearnings, or by retirement benefits.

Appears in 1 contract

Samples: Employment Agreement (American Electric Technologies Inc)

No Duty to Mitigate. The Executive shall not be required to mitigate the amount of any payment provided for in or benefit contemplated by this Agreement by seeking other employment. Moreoveremployment with a new employer or otherwise, provided the Executive is not in breach of nor shall any obligation under Articles 6 and 7 of this Agreement, the amount of any such payment provided for in this Agreement shall not or benefit be reduced by any compensation earned or benefits that Executive may receive from employment by another employer other than as provided as the result of employment of the Executive or as a result of the Executive being self-employed after employment terminationin Section 7.2(c).

Appears in 1 contract

Samples: Executive Employment Agreement (Criteo S.A.)

No Duty to Mitigate. The Executive shall not be required to mitigate the amount of any payment or benefit provided for in any provision of this Agreement by seeking other employment or otherwise, nor shall the amount of any payment or benefit provided for in this Agreement by seeking other employment. Moreover, provided the Executive is not in breach of any obligation under Articles 6 and 7 of this Agreement, the amount of any payment provided for in this Agreement shall not be reduced by any compensation earned or benefits provided as the result of employment of the Executive or by him as a result of employment by another employer or by retirement benefits after the Executive being self-employed after employment terminationtermination date, or otherwise.

Appears in 1 contract

Samples: Employment Agreement (Lamonts Apparel Inc)

No Duty to Mitigate. The Executive shall not be required to ------------------- mitigate the amount of any payment provided for in this Agreement by seeking other employment. Moreover, provided the Executive is not in breach of any obligation under Articles 6 and 7 of this Agreement, the amount of any payment provided for in this Agreement shall not be reduced by any compensation earned or benefits provided as the result of employment of the Executive or as a result of the Executive being self-employed after employment termination.

Appears in 1 contract

Samples: Employment Agreement (Jefferson Bancshares Inc)

No Duty to Mitigate. The Executive shall is not be required to mitigate the amount of any payment provided for in salary or benefits payable pursuant to this Agreement upon termination of his employment by seeking other employment. Moreoveremployment or otherwise, nor shall any amount provided the Executive is not in breach of any obligation under Articles 6 and 7 of this Agreement, the amount of any payment provided for in to be paid by Employer pursuant to this Agreement shall not upon termination of Executive’s employment be reduced by any compensation earned or benefits provided as the result of employment of the by Executive or as a result of the Executive being self-employed after employment terminationby another employer that is not in violation of Executive’s obligations under Section 12.

Appears in 1 contract

Samples: Employment Agreement (1st Source Corp)

No Duty to Mitigate. The Executive shall is not be required to mitigate the amount -------------------- of any payment provided for in salary or benefits payable pursuant to this Agreement upon termination of his employment by seeking other employment. Moreoveremployment or otherwise, nor shall any amount provided the Executive is not in breach of any obligation under Articles 6 and 7 of this Agreement, the amount of any payment provided for in to be paid by Employer pursuant to this Agreement shall not upon termination of Executive's employment be reduced by any compensation earned or benefits provided as the result of employment of the by Executive or as a result of the Executive being self-employed after employment terminationby another employer that is not in violation of Executive's obligations under Section 12.

Appears in 1 contract

Samples: Employment Agreement (1st Source Corp)

No Duty to Mitigate. The Executive shall not be required to mitigate the amount of any payment or benefit provided for in this Agreement by seeking other employment. Moreoveremployment or otherwise, provided the Executive is not in breach of any obligation under Articles 6 and 7 of this Agreement, nor shall the amount of any payment or benefit provided for in this Agreement shall not be reduced by any compensation earned or benefits provided as the result of employment of the Executive or by him as a result of employment by another employer or by retirement benefits after the Executive being self-employed after employment terminationtermination date, or otherwise.

Appears in 1 contract

Samples: Employment Agreement (Lamonts Apparel Inc)

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