Common use of No Duty to Mitigate Clause in Contracts

No Duty to Mitigate. In no event shall the Executive be obligated to seek other employment or take any other action by way of mitigation of the amounts payable to the Executive under any of the provisions of this Agreement and, except as contemplated by Sections 2(b) and 3(c)(iii)(B)hereof, any benefits payable to the Executive hereunder shall not be subject to reduction for any compensation received from other employment.

No Duty to Mitigate. In There shall be no event shall requirement on the part of Executive be obligated to seek other employment or take any other action by way of mitigation of the amounts payable otherwise mitigate damages in order to be entitled to the full amount of any payments and benefits to which Executive is otherwise entitled under any of the provisions of this Agreement contract and, except as contemplated by Sections 2(b) and 3(c)(iii)(B)hereof, any benefits payable set forth herein with respect to the Executive hereunder Continuation Benefits, the amount of such payments and benefits shall not be subject to reduction for reduced by any compensation or benefits received by Executive from other employment.

No Duty to Mitigate. In no event shall the Executive be obligated to seek other employment or take any other action by way of mitigation of the amounts payable to the Executive under any of the provisions of this Agreement and, except as contemplated by Sections 2(b) and 3(c)(iii)(B)hereof, any benefits payable to the Executive hereunder such amounts shall not be subject to reduction for any compensation received from reduced whether or not Executive obtains other employment.

No Duty to Mitigate. In no event shall the Executive be obligated to seek other employment or take any other action by way of mitigation of the amounts payable to the Executive under any of the provisions of this Agreement and, except as contemplated by Sections 2(b) and 3(c)(iii)(B)hereof, any benefits payable to the Executive hereunder shall not be subject required to reduction for mitigate the amount of any payment or benefit contemplated by this Agreement by seeking employment with a new employer or otherwise, nor shall any such payment or benefit be reduced by any compensation received or benefits that Executive may receive from employment by another employer other employmentthan as provided in Section 3(d).

No Duty to Mitigate. In no event shall the Executive be obligated to seek other employment or take any other action by way of mitigation of the amounts payable to the Executive under any of the provisions of this Agreement and, except as contemplated by Sections 2(b) and 3(c)(iii)(B)hereof, any benefits payable to the Executive hereunder such amounts shall not be subject to reduction for any compensation received from reduced regardless of whether the Executive obtains other employment.

No Duty to Mitigate. In no event shall the Executive be obligated to seek other employment or take any other action by way of mitigation of the amounts payable to the Executive under any of the provisions of this Agreement and, except as contemplated by Sections 2(b) and 3(c)(iii)(B)hereof, any benefits payable to the Executive hereunder shall not be subject to reduction for any compensation received from other employmentAgreement.

No Duty to Mitigate. In no event The Executive shall not be required to mitigate the Executive be obligated to seek amount of any payment provided for in this Section 3 by seeking other employment or take otherwise, nor shall the amount of any payment provided for in this Section 3 be reduced by any compensation earned by the Executive as the result of employment by another employer after the Termination Date or by any other action by way of mitigation of the amounts payable to the Executive under any of the provisions of this Agreement and, except as contemplated by Sections 2(b) and 3(c)(iii)(B)hereof, any benefits payable to the Executive hereunder shall not be subject to reduction for any compensation received from other employmentcompensation.

No Duty to Mitigate. In There shall be no event shall requirement on the part of Executive be obligated to seek other employment or take any other action by way of mitigation of the amounts payable otherwise mitigate damages in order to be entitled to the full amount of any payments and benefits to which Executive is otherwise entitled under any contract and the amount of the provisions of this Agreement and, except as contemplated by Sections 2(b) such payments and 3(c)(iii)(B)hereof, any benefits payable to the Executive hereunder shall not be subject to reduction for reduced by any compensation or benefits received by Executive from other employment.

No Duty to Mitigate. In no event The Executive shall the Executive not be obligated to seek other employment or take any other action by way of mitigation of the amounts payable to the Executive under any of the provisions of this Agreement and, except as contemplated by Sections 2(b) and 3(c)(iii)(B)hereof, any benefits payable to the Executive hereunder shall not be subject to reduction for any compensation received from other employmentAgreement.

No Duty to Mitigate. In no event The Executive shall the Executive not be obligated to seek other employment or take any other action by way of mitigation of the amounts payable to the Executive under any of the provisions of this Agreement andAgreement, and except as contemplated by Sections 2(b) and 3(c)(iii)(B)hereofprovided in Section 5.1.3.B, any benefits payable to the Executive hereunder such amounts shall not be subject to reduction for any compensation received from reduced whether or not the Executive obtains other employment.

No Duty to Mitigate. In no event shall the Executive be obligated to seek other employment or take any other action by way of mitigation of the amounts payable to the Executive under any of the provisions of this Agreement and, except as contemplated by Sections 2(b) and 3(c)(iii)(B)hereof, any benefits payable to the Executive hereunder such amounts shall not be subject to reduction for any compensation received from reduced regardless of whether Executive obtains other employment.

No Duty to Mitigate. In no event shall the Executive be obligated to seek other employment or take any other action by way of mitigation of the amounts payable to the Executive under any of the provisions of this Agreement and, except as contemplated by Sections 2(b) and 3(c)(iii)(B)hereofprovided in Section 6, any benefits payable to the Executive hereunder such amounts shall not be subject to reduction for any compensation received from reduced whether or not the Executive obtains other employment.

No Duty to Mitigate. In no event shall the Executive be obligated to seek other employment or take any other action by way of mitigation of the amounts payable to the Executive under any of the provisions of this Agreement and, except as contemplated by Sections 2(bSection 4(b) and 3(c)(iii)(B)hereofhereof, any benefits payable to the Executive hereunder shall not be subject to reduction for any compensation received from other employment.

No Duty to Mitigate. In There shall be no event shall requirement on the part of the Executive be obligated to seek other employment or take any other action by way of mitigation of the amounts payable otherwise mitigate damages in order to be entitled to the full amount of any payments and benefits to which Executive is otherwise entitled under any the contract, and the amount of the provisions of this Agreement and, except as contemplated by Sections 2(b) such payments and 3(c)(iii)(B)hereof, any benefits payable to the Executive hereunder shall not be subject to reduction for reduced by any compensation or benefits received by Executive from other employment.

No Duty to Mitigate. In no event shall the Executive be obligated to seek other employment or take any other action by way of mitigation of the amounts payable to the Executive under any of the provisions of this Agreement and, and except as contemplated by Sections 2(b) and 3(c)(iii)(B)hereofspecifically provided in Section 4(a)(iii), any benefits payable to the Executive hereunder such amounts shall not be subject to reduction for any compensation received from reduced whether or not the Executive obtains other employment.

No Duty to Mitigate. In no event The Executive shall the Executive not be obligated to seek other employment or take any other action by way of mitigation of the amounts payable to the Executive under any of the provisions of this Agreement andAgreement, except as contemplated by Sections 2(b) and 3(c)(iii)(B)hereof, any benefits payable to the Executive hereunder such amounts shall not be subject to reduction for any compensation received from reduced whether or not the Executive obtains other employment.

No Duty to Mitigate. In no event Executive shall the Executive not be obligated to seek other employment or take any other action by way of mitigation of to mitigate the amounts payable to the Executive under any of the provisions of this Agreement andExecutive's Agreement, except as contemplated by Sections 2(b) and 3(c)(iii)(B)hereof, any benefits payable to the Executive hereunder such amounts shall not be subject to reduction for reduced or offset as a result of any compensation received from other employmentemployment Executives obtains after the Termination Date.

No Duty to Mitigate. In no event shall the Executive be obligated to seek other employment or take any other action by way of mitigation of the amounts payable to the Executive under any of the provisions of this Agreement and, except as contemplated by Sections 2(b3(b) and 3(c)(iii)(B)hereof4(c)(iii)(B) hereof, any benefits payable to the Executive hereunder shall not be subject to reduction for any compensation received from other employment.

No Duty to Mitigate. In no event Executive shall the Executive not be obligated to seek other employment or take any other action by way of mitigation of the amounts payable to the Executive under any of the provisions of this Agreement andAgreement, except nor shall the amount of any payment hereunder be reduced by any compensation earned by Executive as contemplated result of employment by Sections 2(banother employer or by any retirement benefits which may be paid or payable to Executive; provided, however, that any continued welfare benefits provided for pursuant to Section 4(a)(ii) and 3(c)(iii)(B)hereof, shall not duplicate any benefits payable that are provided to the Executive hereunder and his family by such other employer and shall not be subject secondary to reduction for any compensation received from coverage provided by such other employmentemployer.

No Duty to Mitigate. In no event shall the Executive be obligated to seek other employment or take any other action by way of mitigation of the amounts payable to the Executive under any of the provisions of this Agreement and, except as contemplated by Sections 2(b) and 3(c)(iii)(B)hereof, any benefits payable to the Executive hereunder such amounts shall not be subject to reduction for any compensation received from reduced whether or not Executive obtains other employment; provided, however, that any loans, advances or other amounts owed by Executive to the Company may be offset by the Company against amounts payable to Executive under this Section 4, but any such offset shall not change the timing of any payments provided for in this Section 4.

No Duty to Mitigate. In no event shall the Executive be obligated to seek other employment or take any other action by way of mitigation of the amounts payable to the Executive under any of the provisions of this Agreement and, except as contemplated by Sections 2(b) and 3(c)(iii)(B)hereof, any benefits payable to the Executive hereunder such amounts shall not be subject to reduction for any compensation received from reduced whether or not the Executive obtains other employment.

No Duty to Mitigate. In no event Executive shall the Executive not be obligated to seek other employment or take any other action by way of mitigation of the amounts payable to the Executive under any of the provisions of this Agreement andAgreement, except as contemplated by Sections 2(b) and 3(c)(iii)(B)hereof, any benefits payable to the Executive hereunder such amounts shall not be subject to reduction for any compensation received from reduced whether or not Executive obtains other employment.

No Duty to Mitigate. In no event shall the Executive be obligated to seek other employment or take any other action by way of mitigation of the amounts payable to the Executive under any of the provisions of this Agreement and, except as contemplated by Sections 2(b) and 3(c)(iii)(B)hereof3(c)(iii)(B) hereof, any benefits payable to the Executive hereunder shall not be subject to reduction for any compensation received from other employment.

No Duty to Mitigate. In no event shall the Executive be obligated to seek other employment or take any other action by way of mitigation of the amounts payable to the Executive under any of the provisions of this Agreement and, except as contemplated by Sections 2(b2(c) and 3(c)(iii)(B)hereof3(a)(iv) hereof, any benefits payable to the Executive hereunder shall not be subject to reduction for any compensation received from other employment.

No Duty to Mitigate. In no event Executive shall the Executive not be obligated to seek other employment or take any other action by way of mitigation of the amounts payable to the Executive under any of the provisions of this Agreement andAgreement, except nor shall the amount of any payment hereunder be reduced by any compensation earned by Executive as contemplated result of employment by Sections 2(b) and 3(c)(iii)(B)hereof, another employer or by any retirement benefits which may be paid or payable to the Executive hereunder shall not be subject except for those welfare benefits provided pursuant to reduction for any compensation received from other employmentSection 4(e).

No Duty to Mitigate. In no event shall the Executive be obligated to seek other employment or take any other action by way of mitigation of the amounts payable to the Executive under any of the provisions of this Agreement and, except as contemplated by Sections 2(b) and 3(c)(iii)(B)hereof3(b)(i)(B) hereof, any benefits payable to the Executive hereunder shall not be subject to reduction for any compensation received from other employment.

No Duty to Mitigate. In no event shall the Executive be obligated to ------------------- seek other employment or take any other action by way of mitigation of the amounts amount payable to the Executive under any of the provisions of this Agreement and, except as contemplated by Sections 2(b) agreement and 3(c)(iii)(B)hereof, any benefits payable to the Executive hereunder such amounts shall not be subject to reduction for any compensation received from reduced whether or not the Executive obtains other employment.

No Duty to Mitigate. In no event shall the Executive be obligated to seek other employment or take any other action by way of mitigation of the amounts payable to the Executive under any of the provisions of this Agreement and, except as contemplated by Sections 2(b) and 3(c)(iii)(B)hereof, any benefits payable to the Executive hereunder such amounts shall not be subject to reduction for any compensation received from reduced whether or not Executive obtains other employment; provided, however, that any loans, advances or other amounts owed by Executive to the Company may be offset by the Company against amounts payable to Executive under this Section 4.

No Duty to Mitigate. In no event shall the Executive be obligated to seek other employment or take any other action by way of mitigation of the amounts payable to the Executive under any of the provisions of this Agreement andAgreement, nor shall the amount of any payment hereunder be reduced, except as contemplated otherwise specifically provided herein, by Sections 2(b) and 3(c)(iii)(B)hereof, any benefits payable to compensation earned by the Executive hereunder shall not be subject to reduction for any compensation received from other employmentas a result of employment by another employer.

No Duty to Mitigate. In no event shall the Executive be obligated to seek other employment or take any other action by way of mitigation of the amounts payable to the Executive under any of the provisions of this Agreement and, except as contemplated by Sections 2(bParagraph 3(b) and 3(c)(iii)(B)hereofhereof, any benefits Severance Benefits payable to the Executive hereunder shall not be subject to reduction for any compensation received from other employment.

No Duty to Mitigate. In no event shall the Executive be obligated to seek other employment or take any other action by way of mitigation of the amounts payable to the Executive under any of the provisions of this Agreement and, except as contemplated by Sections 2(bSection 4(b) and 3(c)(iii)(B)hereofhereof, any benefits Severance Benefits payable to the Executive hereunder shall not be subject to reduction for any compensation received from other employment.

No Duty to Mitigate. In no event shall the Executive be obligated to seek other employment or take any other action by way of mitigation of the amounts payable to the Executive under any of the provisions of this Agreement andPlan, except as contemplated by Sections 2(b) and 3(c)(iii)(B)hereof, any benefits payable to the Executive hereunder such amounts shall not be subject to reduction for any compensation received from reduced whether or not the Executive obtains other employment.

No Duty to Mitigate. In no event shall the Executive be obligated to seek other employment or take any other action by way of mitigation of the amounts payable to the Executive under any of the provisions of this Agreement and, except as contemplated by Sections 2(b) and 3(c)(iii)(B)hereofprovided in Section 17, any benefits payable to the Executive hereunder such amounts shall not be subject to reduction for any compensation received from reduced whether or not the Executive obtains other employment.

No Duty to Mitigate. In no event shall the Executive be obligated to seek other employment or take any other action by way of mitigation of the amounts payable to the Executive or benefits extended under any of the provisions of this Agreement and, except as contemplated by Sections 2(b) and 3(c)(iii)(B)hereof3(d)(ii) hereof, any amounts payable or benefits payable extended to the Executive hereunder shall not be subject to reduction for any compensation received from other employment.

No Duty to Mitigate. In There shall be no event shall requirement on the part of the Executive be obligated to seek other employment or take any other action by way of mitigation of the amounts payable otherwise mitigate damages in order to be entitled to the Executive under full amount of any of the provisions of this Agreement and, except as contemplated by Sections 2(b) payments and 3(c)(iii)(B)hereof, any benefits payable to which the Executive hereunder is otherwise entitled under the contract, and the amount of such payments and benefits shall not be subject to reduction for reduced by any compensation or benefits received by the Executive from other employment.

No Duty to Mitigate. In no event The Executive shall the Executive not be obligated to seek other employment or take any other action by way of mitigation of the amounts payable to the Executive under any of the provisions of this Agreement Agreement, and, except other than the Benefit Severance as contemplated by Sections 2(b) and 3(c)(iii)(B)hereofdefined in Section 5.1.3.(A), any benefits payable to the Executive hereunder such amounts shall not be subject to reduction for any compensation received from reduced whether or not the Executive obtains other employment.

No Duty to Mitigate. In no event shall the Executive be obligated to seek other employment or take any other action by way of mitigation of the amounts payable to the Executive under any of the provisions of this Agreement and, and except as contemplated by Sections 2(b) and 3(c)(iii)(B)hereofspecifically provided in Section 4(a)(iv), any benefits payable to the Executive hereunder such amounts shall not be subject to reduction for any compensation received from reduced whether or not the Executive obtains other employment.

No Duty to Mitigate. In no event Executive shall the Executive not be obligated to seek other employment or take any other action by way of mitigation of the amounts payable to the Executive under any of the provisions of this Agreement andAgreement, except nor shall the amount of any payment hereunder be reduced by any compensation earned by Executive as contemplated result of employment by Sections 2(banother employer or by any retirement benefits which may be paid or payable to Executive; provided, however, that any continued welfare benefits provided for pursuant to Section 4(a)(i)(C) and 3(c)(iii)(B)hereof, shall not duplicate any benefits payable that are provided to the Executive hereunder and Executive's family by such other employer and shall not be subject second to reduction for any compensation received from coverage provided by such other employmentemployer.

No Duty to Mitigate. In no event shall the Executive be obligated to seek other employment or take any other action by way of mitigation of the amounts payable to the Executive under any of the provisions of this Agreement and, except as contemplated by Sections Section 2(b) and 3(c)(iii)(B)hereof), any benefits payable to the Executive hereunder shall not be subject to reduction for any compensation received from other employment.

No Duty to Mitigate. In There shall be no event shall requirement on the part of Executive be obligated to seek other employment or take any other action by way of mitigation of the amounts payable otherwise mitigate damages in order to be entitled to the full amount of any payments and benefits to which Executive is otherwise entitled under any contract and the amount of the provisions of this Agreement and, except as contemplated by Sections 2(b) such payments and 3(c)(iii)(B)hereof, any benefits payable to the Executive hereunder shall not be subject to reduction for reduced by any compensation or benefits received by Executive from other employment."

No Duty to Mitigate. In There shall be no event shall requirement on the part of Executive be obligated to seek other employment or take any other action by way of mitigation of the amounts payable otherwise mitigate damages in order to be entitled to the full amount of any payments and benefits to which Executive is otherwise entitled under any of the provisions of this Agreement contract and, except as contemplated by Sections 2(b) and 3(c)(iii)(B)hereof, any benefits payable set forth herein with respect to the Executive hereunder health insurance benefits, the amount of such payments and benefits shall not be subject to reduction for reduced by any compensation or benefits received by Executive from other employment.

No Duty to Mitigate. In There shall be no event shall requirement on the part of Executive be obligated to seek other employment or take any other action by way of mitigation of the amounts payable otherwise to mitigate damages in order to be entitled to the full amount of any payments and benefits to which Executive is otherwise entitled under any this Agreement, and the amount of the provisions of this Agreement and, except as contemplated by Sections 2(b) such payments and 3(c)(iii)(B)hereof, any benefits payable to the Executive hereunder shall not be subject to reduction for reduced by any compensation or benefits received by Executive from other employment.

No Duty to Mitigate. In no event shall will the Executive be obligated to seek other employment or take any other action by way of mitigation of the amounts payable to the Executive under any of the provisions of this Agreement, nor will the amount of any payment under this Agreement andbe reduced, except as contemplated otherwise specifically provided herein, by Sections 2(b) and 3(c)(iii)(B)hereof, any benefits payable to compensation earned by the Executive hereunder shall not be subject to reduction for any compensation received from other employmentas a result of employment by another employer.

No Duty to Mitigate. In no event shall the Executive be obligated to seek other employment or take any other action by way of mitigation of the amounts payable to the Executive under any of the provisions of this Agreement and, except as contemplated by Sections 2(b2(c) and 3(c)(iii)(B)hereofand 3(a) (iv) hereof, any benefits payable to the Executive hereunder shall not be subject to reduction for any compensation received from other employment.

No Duty to Mitigate. In no event shall the Executive be obligated to seek other employment or take any other action by way of mitigation of the amounts payable to the Executive under any of the provisions of this Agreement and, except as contemplated by Sections 2(bSection 3(b) and 3(c)(iii)(B)hereofhereof, any benefits Severance Benefits payable to the Executive hereunder shall not be subject to reduction for any compensation received from other employment.