Common use of No Duty to Mitigate Clause in Contracts

No Duty to Mitigate. The Executive shall not be required to mitigate damages or the amount of any payment provided for under this Agreement by seeking other employment or otherwise, nor will any payments hereunder be subject to offset in the event the Executive does mitigate.

Appears in 121 contracts

Samples: Employment Agreement (Global Medical REIT Inc.), Employment Agreement (Ciber Inc), Employment Agreement (Ciber Inc)

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No Duty to Mitigate. The Executive shall is not be required to seek other employment or otherwise mitigate damages or the amount of any payment provided for under payments to be made by the Company pursuant to this Agreement by seeking other employment or otherwise, nor will any payments hereunder be subject to offset in the event the Executive does mitigateAgreement.

Appears in 26 contracts

Samples: Change in Control Agreement (Hillenbrand, Inc.), Change in Control Agreement (Hillenbrand, Inc.), Change in Control Agreement (Hillenbrand, Inc.)

No Duty to Mitigate. The Executive shall not be required to mitigate damages or the amount of any payment provided for under this Agreement by seeking other employment or otherwise, nor will any payments hereunder be subject to offset in the event the Executive does mitigate.

Appears in 24 contracts

Samples: Executive Employment Agreement (Vail Resorts Inc), Employment Agreement (Vici Properties Inc.), Employment Agreement (Vici Properties Inc.)

No Duty to Mitigate. The There shall be no requirement on the part of the Executive to seek other employment or otherwise mitigate damages in order to be entitled to the full amount of any payments and benefits to which the Executive is entitled under this Agreement, and the amount of such payments and benefits shall not be required to mitigate damages reduced by any compensation or the amount of any payment provided for under this Agreement benefits received by seeking other employment or otherwise, nor will any payments hereunder be subject to offset in the event the Executive does mitigatefrom other employment.

Appears in 21 contracts

Samples: Management Agreement (Vistacare, Inc.), Management Agreement (Vistacare, Inc.), Management Agreement (Vistacare, Inc.)

No Duty to Mitigate. The Executive shall not be required obligated to mitigate damages or the amount of any payment provided for under this Agreement by seeking seek other employment or otherwise, nor will take any payments hereunder be subject other action to offset in mitigate the event the amounts payable to Executive does mitigateunder this Agreement.

Appears in 14 contracts

Samples: Employment Agreement (Nextmedia Operating Inc), Employment Agreement (Nextmedia Operating Inc), Employment Agreement (Nextmedia Operating Inc)

No Duty to Mitigate. The Executive shall not be required to mitigate damages or the amount of any payment provided for under damages that Executive may incur or other payments to be made to Executive hereunder as a result of any termination or expiration of this Agreement by seeking other employment or otherwiseAgreement, nor will shall any payments hereunder to Executive be subject to offset in the event the reduced by any other payments Executive does mitigatemay receive.

Appears in 12 contracts

Samples: Employment Agreement (Castle Brands Inc), Employment Agreement (Castle Brands Inc), Employment Agreement (Castle Brands Inc)

No Duty to Mitigate. The Executive shall not be required to mitigate damages or the amount of any payment provided for under in this Agreement by seeking other employment or otherwise, nor will shall any payments hereunder be subject to amounts received from other employment or otherwise by Executive offset in any manner the event obligations of the Executive does mitigateCompany hereunder.

Appears in 11 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 Executive shall not be required to mitigate damages or the amount of any payment provided for under or benefit contemplated by this Agreement by seeking other employment with a new employer or otherwise, nor will shall any payments hereunder such payment or benefit be subject to offset in the event the reduced by any compensation or benefits that Executive does mitigatemay receive from employment by another employer.

Appears in 10 contracts

Samples: Executive Employment Agreement (Mobile Mini Inc), Executive Employment Agreement (Inventure Foods, Inc.), Executive Employment Agreement (Mobile Mini Inc)

No Duty to Mitigate. The Executive shall not be required to mitigate damages or the amount of any payment provided for under damages that Executive may incur or other payments to be made to Executive hereunder as a result of any termination or expiration of this Agreement by seeking other employment or otherwiseAgreement, nor will shall any payments hereunder to Executive be subject to offset in the event the reduced by any other payments Executive does mitigatemay receive, except as set forth herein.

Appears in 10 contracts

Samples: Employment Agreement, Employment Agreement (HF Foods Group Inc.), Employment Agreement (HF Foods Group Inc.)

No Duty to Mitigate. The Except as may be provided in Section 5.2(c)(ii), the Executive shall not be required to mitigate damages or the amount of any payment provided for under this Agreement by seeking other employment or otherwise, nor will any payments hereunder be subject to offset in the event the Executive does mitigate.

Appears in 10 contracts

Samples: Employment Agreement (Cogdell Spencer Inc.), Employment Agreement (Extra Space Storage Inc.), Employment Agreement (Cogdell Spencer Inc.)

No Duty to Mitigate. The Executive shall not be required to mitigate damages or the amount of any payment payment, benefit or other Company obligation provided for under in this Agreement by seeking other employment or otherwiseotherwise and no such payment, nor will benefit or other Company obligation shall be offset or reduced by the amount of any payments hereunder be subject compensation or benefits provided to offset in the event the Executive does mitigatein any subsequent employment.

Appears in 8 contracts

Samples: Employment Agreement (Mobile Mini Inc), Employment Agreement (Mobile Mini Inc), Employment Agreement (Mobile Mini Inc)

No Duty to Mitigate. The Executive shall not be required to mitigate damages or the amount of any payment or benefit provided for under in this Agreement by seeking other employment or otherwise, nor will shall the amount of any payments hereunder payment or benefit provided for herein be subject to offset in the event the Executive does mitigatereduced by any compensation earned by other employment or otherwise.

Appears in 8 contracts

Samples: Severance Agreement (Integra Lifesciences Holdings Corp), Severance Agreement (Integra Lifesciences Holdings Corp), Severance Agreement (Integra Lifesciences Holdings Corp)

No Duty to Mitigate. The Executive shall not be required to mitigate damages or the amount of any payment provided for under this Agreement by seeking other employment or otherwise, nor will any payments hereunder be subject to offset in the event that the Executive does not mitigate.

Appears in 6 contracts

Samples: Employment Agreement (Acl Finance Corp), Employment Agreement (American Barge Line Co), Employment Agreement (American Barge Line Co)

No Duty to Mitigate. The Executive shall not be required to mitigate damages or the amount of any payment provided for under this Agreement herein by seeking other employment or otherwise, nor will shall the amount of any payments hereunder payment or benefit provided for herein be subject to offset in the event reduced by any compensation earned by the Executive does mitigateas the result of employment by another employer.

Appears in 6 contracts

Samples: Change in Control and Noncompetition Agreement (Prologis, L.P.), Change in Control and Noncompetition Agreement (Prologis, L.P.), Change in Control and Noncompetition Agreement (Amb Property Lp)

No Duty to Mitigate. The Executive shall not be required to mitigate damages or the amount of any payment provided for under this Agreement by seeking other employment or otherwise, nor will any payments or benefits hereunder be subject to offset in the event the Executive does mitigate, except as provided in Section 5.2.

Appears in 5 contracts

Samples: Executive Employment Agreement (Kite Realty Group Trust), Executive Employment Agreement (Kite Realty Group Trust), Executive Employment Agreement (Kite Realty Group Trust)

No Duty to Mitigate. The Executive shall not be required to mitigate damages or the amount of any payment or benefit provided for under in this Agreement by seeking other employment or otherwise, nor will shall the amount of any payments hereunder payment or benefit provided for in this Agreement be subject to offset in the event the reduced by any compensation or benefit earned by Executive does mitigateas a result of employment by another employer, self-employment earnings, 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 not be required to mitigate damages or the amount of any payment provided for under this Agreement by seeking other employment or otherwise, nor will shall the amount of any payments hereunder payment provided for in this Agreement be subject to offset in the event reduced by any compensation earned by the Executive does mitigateas the result of employment by another employer after the Date of Termination or otherwise.

Appears in 4 contracts

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

No Duty to Mitigate. The Executive shall not be required to mitigate damages or the amount of any payment provided for under damages that the Executive may incur or other payments to be made to the Executive hereunder as a result of any termination or expiration of this Agreement by seeking other employment or otherwiseAgreement, nor will shall any payments hereunder be subject to offset in the event the Executive does mitigatebe reduced by any other payments the Executive may receive.

Appears in 4 contracts

Samples: Employment Agreement (Factory Card Outlet Corp), Employment Agreement (Factory Card Outlet Corp), Employment Agreement (Factory Card Outlet Corp)

No Duty to Mitigate. The Executive shall not be required to mitigate damages or the ------------------- amount of any payment provided for under this Agreement required hereunder by seeking other employment or otherwise, nor will any payments shall the amount paid hereunder be subject to reduced or offset in the event by any compensation earned or received by the Executive does mitigateas a result of employment with another employer, self-employment or any amount received from any other plan, program, policy or arrangement of the Company.

Appears in 3 contracts

Samples: Severance Agreement (Centris Group Inc), Severance Agreement (Centris Group Inc), Severance Agreement (Centris Group Inc)

No Duty to Mitigate. The Executive shall not be required to mitigate damages or the amount of any payment provided for under damages that Executive may incur or other payments to be made to Executive hereunder as a result of any termination or expiration of this Agreement by seeking other employment or otherwiseAgreement, nor will shall any payments hereunder to Executive be subject to offset in the event the reduced by any other payments Executive does mitigatemay receive, except as may otherwise be set forth herein.

Appears in 3 contracts

Samples: Employment Agreement (Capri Holdings LTD), Employment Agreement (Capri Holdings LTD), Employment Agreement (Michael Kors Holdings LTD)

No Duty to Mitigate. The Executive shall not be required to mitigate damages or the amount of any payment provided for under in this Agreement by seeking other employment or otherwise, nor will shall any payments hereunder be subject to amounts received from other employment or otherwise by Executive offset in any manner the event obligations of the Executive does mitigate.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 Executive shall not be required to mitigate damages or the amount of any payment provided for under this Agreement by seeking other employment or otherwise, nor will any payments or benefits hereunder be subject to offset in the event the Executive does mitigate.

Appears in 3 contracts

Samples: Executive Employment Agreement (First Potomac Realty Trust), Executive Employment Agreement (First Potomac Realty Trust), Executive Employment Agreement (First Potomac Realty Trust)

No Duty to Mitigate. The Executive shall not be required to mitigate damages or ------------------- the amount of any payment provided for under contemplated by this Employment Agreement (whether by seeking other new employment or otherwisein any other manner), nor will nor, except as otherwise provided in this agreement, shall any payments hereunder such payment be subject to offset in the event reduced by any earnings that the Executive does mitigatemay receive from any other source.

Appears in 3 contracts

Samples: Employment Agreement (Brio Technology Inc), Employment Agreement (Brio Technology Inc), Employment Agreement (Brio Technology Inc)

No Duty to Mitigate. The Executive shall not be required to mitigate damages or the amount of any payment provided for under this Agreement by seeking other employment or otherwise, nor will any payments or benefits hereunder be subject to offset in the event the Executive does mitigate, except as provided in Section 5.3.

Appears in 3 contracts

Samples: Executive Employment Agreement (Kite Realty Group Trust), Executive Employment Agreement (Kite Realty Group Trust), Executive Employment Agreement (Kite Realty Group Trust)

No Duty to Mitigate. The Executive shall not be required to mitigate damages any amounts payable or the amount of any payment provided for arrangements made under this Agreement by seeking other employment or otherwiseAgreement, nor will shall any payments hereunder such payment or arrangement be subject to offset reduced by any earnings or benefits that the Executive may receive from any other source (except as provided in the event the Executive does mitigatefirst sentence of Section 3.2).

Appears in 2 contracts

Samples: Change in Control Severance Agreement (Ciena Corp), Change in Control Severance Agreement (Ciena Corp)

No Duty to Mitigate. The Executive shall not be required to mitigate damages or the amount of any payment provided for under this Agreement by seeking other employment or otherwise, nor will any payments hereunder be subject to offset in the event the Executive does mitigatefor any reason not expressly provided herein.

Appears in 2 contracts

Samples: Executive Employment Agreement (Oxis International Inc), Executive Employment Agreement (Oxis International Inc)

No Duty to Mitigate. The Executive shall not be required to mitigate damages or ------------------- the amount of any payment provided for under contemplated by this Agreement (whether by seeking other new employment or otherwisein any other manner), nor will shall any payments hereunder such payment be subject to offset in the event reduced by any earnings that the Executive does mitigatemay receive from any other source.

Appears in 2 contracts

Samples: Employment Agreement (Calypte Biomedical Corp), Employment Agreement (Calypte Biomedical Corp)

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No Duty to Mitigate. The Payments due to Executive shall pursuant to this Agreement are not be required conditioned on Executive's attempting to mitigate damages or the amount of any payment provided for under this Agreement losses by seeking other employment or otherwisetaking other action, nor will any payments hereunder and Executive shall be subject under no obligation to offset in the event the Executive does mitigatedo so.

Appears in 2 contracts

Samples: Resignation and General Release Agreement (Galyans Trading Co Inc), Resignation and General Release Agreement (Galyans Trading Co Inc)

No Duty to Mitigate. The Executive shall not be required to mitigate damages or the amount of any payment provided for under or benefit contemplated by this Agreement by seeking other office or employment with a new company, employer or otherwise, nor will shall any payments hereunder such payment or benefit be subject to offset reduced by any compensation or benefits that Executive may receive from office or employment by another company or employer other than as provided in the event the Executive does mitigateSection 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 damages or the amount of any payment provided for under or benefit contemplated by this Agreement by seeking other employment with a new employer or otherwise, nor will shall any payments hereunder such payment or benefit be subject to offset reduced by any compensation or benefits that Executive may receive from employment by another employer other than as provided in the event the Executive does mitigateSection 2(d).

Appears in 2 contracts

Samples: Severance Agreement (Pico Holdings Inc /New), Severance Agreement (Pico Holdings Inc /New)

No Duty to Mitigate. The Executive shall not be required to mitigate damages or the amount of any payment provided for under this Severance Agreement by seeking other employment or otherwise, nor will any payments hereunder be subject to offset in the event the Executive does mitigate.

Appears in 2 contracts

Samples: Severance Agreement (Air Lease Corp), Severance Agreement (Air Lease Corp)

No Duty to Mitigate. The Executive shall not be required to mitigate damages or the amount of any payment provided for under or benefit contemplated by this Agreement by seeking other employment with a new employer or otherwise, nor will shall any payments hereunder such payment or benefit be subject to offset reduced by any compensation or benefits that Executive may receive from employment by another employer other than as provided in the event the Executive does mitigateSection 2(b).

Appears in 2 contracts

Samples: Severance Agreement (Pico Holdings Inc /New), Severance Agreement (Pico Holdings Inc /New)

No Duty to Mitigate. The Executive shall not be required to mitigate damages or ------------------- the amount of any payment provided for under this Agreement required hereunder by seeking other employment or otherwise, nor will any payments shall the amount paid hereunder be subject to reduced or offset in the event by any compensation earned or received by the Executive does mitigateas a result of employment with another employer, self-employment or any amount received from any other plan, program, policy or arrangement of the Company.

Appears in 2 contracts

Samples: Severance Agreement (Centris Group Inc), Severance Agreement (Centris Group Inc)

No Duty to Mitigate. The Executive shall not be required to mitigate damages or the amount of any payment provided for under this Agreement by seeking other employment or of otherwise, nor will any payments hereunder be subject to offset in the event the Executive does mitigate.

Appears in 2 contracts

Samples: Employment Agreement (Netreit), Employment Agreement (Netreit)

No Duty to Mitigate. The Executive shall not be required have no duty to mitigate damages or his damages, including any duty to seek other employment, in the amount event of any payment provided for under breach by the Company of this Agreement by seeking other employment or otherwise, nor will Agreement. In no event shall any payments amount payable to Executive hereunder be subject to offset in the event the Executive does mitigatefor any compensation or other amount received from any third party, including proceeds or benefits received from any insurance carrier.

Appears in 2 contracts

Samples: Employment Agreement (Tessco Technologies Inc), Employment Agreement (Tessco Technologies Inc)

No Duty to Mitigate. The Executive shall not be required to mitigate damages or the amount of any payment payments provided for under this Agreement by seeking other employment or otherwise, nor will any payments payment or benefit hereunder be subject to offset or reduction in the event the Executive does mitigate.

Appears in 1 contract

Samples: Change of Control Agreement (Bancorp of New Jersey, Inc.)

No Duty to Mitigate. The Executive shall not be required obligated to mitigate damages or the amount of any payment provided for under this Agreement by seeking seek other employment or otherwise, nor will to take any payments hereunder be subject other action to offset in mitigate the event the amounts payable to Executive does mitigateunder this Agreement.

Appears in 1 contract

Samples: Employment Agreement (Nm Licensing LLC)

No Duty to Mitigate. The Executive shall not be required to mitigate damages or the amount of any payment provided for under this Agreement by seeking other employment or otherwise, nor will any payments hereunder be subject to offset in the event the Executive does mitigate.

Appears in 1 contract

Samples: Employment Agreement (Ciber Inc)

No Duty to Mitigate. The Executive shall not be required to mitigate damages or the amount of any payment or benefit provided for under pursuant to this Agreement by seeking other employment or otherwiseAgreement, nor will shall the amount of any payments hereunder such payment or benefit be subject to offset reduced by any compensation that Executive receives from any other source, except as set forth in the event the Executive does mitigateSection 2(b)(iii).

Appears in 1 contract

Samples: Separation Agreement (Park Hotels & Resorts Inc.)

No Duty to Mitigate. The Executive shall not be required to mitigate damages or the t ------------------- he amount of any payment provided for under contemplated by this Agreement (whether by seeking other new employment or otherwisein any other manner), nor will shall any payments hereunder such payment be subject to offset in the event the reduced by earnings that Executive does mitigatemay receive from any other source.

Appears in 1 contract

Samples: Employment Agreement (Genesys Telecommunications Laboratories Inc)

No Duty to Mitigate. The Executive shall not be required have no obligation to take any action to mitigate damages or offset any amounts payable by the amount of any payment provided for under Company pursuant to this Agreement by seeking other employment or otherwise, nor will shall the amount of any payments hereunder payment provided for in this Agreement be subject to offset in the event reduced by any compensation earned by the Executive does mitigateas the result of employment by another employer after the date of termination of the Executive's employment or otherwise.

Appears in 1 contract

Samples: Employment Agreement (Rf Micro Devices Inc)

No Duty to Mitigate. The Executive shall not be required to mitigate damages or ------------------- the amount of any payment provided for under contemplated by this Agreement (whether by seeking employment with a new employer or in any other employment or otherwisemanner), nor will shall any payments hereunder such payment be subject to offset in the event the reduced by any earnings that Executive does mitigatemay receive from any other source except as otherwise provided herein.

Appears in 1 contract

Samples: Executive Retention and Severance Agreement (Aastrom Biosciences Inc)

No Duty to Mitigate. The Executive shall not be required to mitigate damages or the amount of any payment provided for under or other benefit required to be paid to Executive pursuant to this Agreement Agreement, whether by seeking other employment or otherwise. Except as set forth in Section 2(c) above, nor will the amount of the payments to be received hereunder shall not be reduced on account of any payments hereunder be subject to offset in the event the compensation earned by Executive does mitigateas a result of employment by another person.

Appears in 1 contract

Samples: Resignation Agreement (Comsys It Partners Inc)

No Duty to Mitigate. The Executive shall not be required to mitigate damages or the amount of any payment provided for under damages that Executive may incur or other payments to be made to Executive hereunder as a result of any termination or expiration of this Agreement by seeking other employment or otherwiseAgreement, nor will shall any payments hereunder to Executive be subject to offset in the event the reduced by any other payments Executive does mitigatemay receive, except as may otherwise be set forth herein. 9.

Appears in 1 contract

Samples: Employment Agreement

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