Common use of No Duty to Mitigate Clause in Contracts

No Duty to Mitigate. 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 reduced by any compensation or benefits received by the Executive from other employment.

Appears in 21 contracts

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

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No Duty to Mitigate. There In no event shall Executive be no requirement on the part of the Executive obligated to seek other employment or otherwise mitigate damages in order take any other action by way of mitigation of the amounts payable to be entitled to Executive under any of the full amount provisions of any payments this Agreement and benefits to which the Executive is entitled under this Agreement, and the amount of such payments and benefits amounts shall not be reduced by any compensation whether or benefits received by the not Executive from obtains other employment.

Appears in 13 contracts

Samples: Retirement and Consulting Agreement (Bristow Group Inc), Separation Agreement and Release in Full (Bristow Group Inc), Separation Agreement and Release in Full (Bristow Group Inc)

No Duty to Mitigate. There Executive shall not be no requirement on required to mitigate 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 payment or benefit contemplated by this AgreementAgreement by seeking employment with a new employer or otherwise, and the amount of nor shall any such payments and benefits shall not payment or benefit be reduced by any compensation or benefits received that Executive may receive from employment by the Executive from another employer other employmentthan as provided in Section 3(d).

Appears in 13 contracts

Samples: Retention Agreement (Retail Properties of America, Inc.), Retention Agreement (Retail Properties of America, Inc.), Retention Agreement (Retail Properties of America, Inc.)

No Duty to Mitigate. 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 otherwise entitled under this Agreementany contract and, and except as set forth herein with respect to the Continuation Benefits, the amount of such payments and benefits shall not be reduced by any compensation or benefits received by the Executive from other employment.

Appears in 13 contracts

Samples: Executive Employment Agreement (Mylan N.V.), Executive Employment Agreement (Mylan N.V.), Executive Employment Agreement (Mylan N.V.)

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

Appears in 12 contracts

Samples: Executive Agreement (PTC Inc.), Executive Agreement, Executive Agreement (PTC Inc.)

No Duty to Mitigate. There In no event shall be no requirement on the part of the Executive be obligated to seek other employment or otherwise mitigate damages in order to be entitled take any other action by way of mitigation of the amounts payable to the full amount Executive under any provisions of any payments this Agreement and benefits to which the Executive is entitled under this Agreement, and the amount of such payments and benefits amounts shall not be reduced by any compensation or benefits received by regardless of whether the Executive from obtains other employment.

Appears in 11 contracts

Samples: Executive Employment Agreement (Bright Green Corp), Executive Employment Agreement (Bright Green Corp), Executive Employment Agreement (Bright Green Corp)

No Duty to Mitigate. There Executive shall not be no requirement on required to mitigate 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 payment or benefit contemplated by this AgreementAgreement by seeking employment with a new employer or otherwise, and the amount of nor shall any such payments and benefits shall not payment or benefit be reduced by any compensation or benefits received that Executive may receive from employment by the Executive from other employmentanother 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. There In no event shall be no requirement on the part of the Executive be obligated to seek other employment or otherwise mitigate damages in order to be entitled take any other action by way of mitigation of the amounts payable to the full amount Executive under any provisions 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 reduced by any compensation or benefits received by the Executive from other employment.

Appears in 10 contracts

Samples: Employment Agreement (GeneDx Holdings Corp.), Employment Agreement (Sema4 Holdings Corp.), Executive Chairman Agreement (Sema4 Holdings Corp.)

No Duty to Mitigate. 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 otherwise entitled under this Agreement, any contract and the amount of such payments and benefits shall not be reduced by any compensation or benefits received by the Executive from other employment.

Appears in 9 contracts

Samples: Executive Employment Agreement (Mylan Laboratories Inc), Executive Employment Agreement (Mylan Inc.), Executive Employment Agreement (Mylan Laboratories Inc)

No Duty to Mitigate. There The Executive shall not be no requirement on the part of the Executive obligated to seek other employment or otherwise mitigate damages in order to be entitled by way of mitigation of the amounts payable to the full amount Executive under any of any payments and benefits to which the Executive is entitled under provisions of this Agreement, and the amount of such payments and benefits shall not be reduced by any compensation or benefits received by the Executive from other employment.

Appears in 9 contracts

Samples: Severance Agreement (Goodys Family Clothing Inc /Tn), Severance Agreement (Goodys Family Clothing Inc /Tn), Severance Agreement (Goodys Family Clothing Inc /Tn)

No Duty to Mitigate. There The Executive shall not be no requirement on required to mitigate the part amount of the Executive to seek any payment, benefit or other Company obligation provided for in this Agreement by seeking other employment or otherwise mitigate damages in order to and no such payment, benefit or other Company obligation shall be entitled to the full amount of any payments and benefits to which the Executive is entitled under this Agreement, and offset or reduced by the amount of such payments and benefits shall not be reduced by any compensation or benefits received by provided to the Executive from other in any subsequent employment.

Appears in 8 contracts

Samples: Confidential Separation and Release Agreement (Mobile Mini Inc), Employment Agreement (Mobile Mini Inc), Employment Agreement (Mobile Mini Inc)

No Duty to Mitigate. There The Executive shall not be no requirement on the part of the Executive obligated to seek other employment or otherwise mitigate damages in order to be entitled take any other action by way of mitigation of the amounts payable to the full amount Executive under any of any payments and benefits to which the Executive is entitled under provisions of this Agreement, and the amount of except as provided in Section 5.1.3.B, such payments and benefits amounts shall not be reduced by any compensation whether or benefits received by not the Executive from obtains other employment.

Appears in 8 contracts

Samples: Employment Agreement (BNP Residential Properties Inc), Employment Agreement (BNP Residential Properties Inc), Employment Agreement (BNP Residential Properties Inc)

No Duty to Mitigate. 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 otherwise entitled under this Agreementthe contract, and the amount of such payments and benefits shall not be reduced by any compensation or benefits received by the Executive from other employment.

Appears in 6 contracts

Samples: Executive Employment Agreement (Mylan Laboratories Inc), Executive Employment Agreement (Mylan Laboratories Inc), Executive Employment Agreement (Mylan Laboratories Inc)

No Duty to Mitigate. There The Executive shall not be no requirement on required to mitigate the part amount of the Executive to seek any payment provided for herein by seeking other employment or otherwise mitigate damages in order to be entitled to otherwise, nor shall 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 payment or benefit provided for herein be reduced by any compensation or benefits received earned by the Executive from other employmentas 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. There The Executive shall not be no requirement on the part of the Executive obligated to seek other employment or otherwise mitigate damages in order to be entitled take any other action by way of mitigation of the amounts payable to the full amount Executive under any of any payments and benefits to which the Executive is entitled under provisions of this Agreement, and the amount of such payments and benefits amounts shall not be reduced by any compensation whether or benefits received by not the Executive from obtains other employment.

Appears in 5 contracts

Samples: Executive Employment Agreement (Advertising Com), Employment Agreement (Pec Solutions Inc), Employment Agreement (Pec Solutions Inc)

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

Appears in 4 contracts

Samples: Executive Agreement (PTC Inc.), Executive Agreement (PTC Inc.), Executive Agreement (PTC Inc.)

No Duty to Mitigate. There Executive shall not be no requirement on the part of the Executive obligated to seek other employment or otherwise mitigate damages in order take any other action by way of mitigation of the amounts payable to be entitled to Executive under any of the full amount provisions of any payments and benefits to which the Executive is entitled under this Agreement, and the amount of such payments and benefits amounts shall not be reduced by any compensation whether or benefits received by the not Executive from obtains other employment.

Appears in 4 contracts

Samples: Employment Agreement (Telecommunication Systems Inc /Fa/), Employment Agreement (Telecommunication Systems Inc /Fa/), Employment Agreement (Telecommunication Systems Inc /Fa/)

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

Appears in 3 contracts

Samples: Executive Agreement (Costa Inc), Executive Agreement (Costa Inc), Executive Agreement (Costa Inc)

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

Appears in 3 contracts

Samples: Executive Agreement (Costa Inc), Executive Agreement (Costa Inc), Amended and Restated Executive Agreement (Costa Inc)

No Duty to Mitigate. There Executive shall not be no requirement on required to mitigate 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 payment or benefit contemplated by this AgreementAgreement by seeking employment with a new employer or otherwise, and the amount of nor shall any such payments and benefits shall not payment or benefit be reduced by any compensation or benefits received that Executive may receive from employment by the Executive from another employer other employmentthan as provided in Section 2(b).

Appears in 2 contracts

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

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

Appears in 2 contracts

Samples: Severance Agreement (Kansas City Southern), Severance Agreement (Kansas City Southern)

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

Appears in 2 contracts

Samples: Executive Agreement (Parametric Technology Corp), Executive Agreement (Parametric Technology Corp)

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

Appears in 1 contract

Samples: Executive Agreement (Costa Inc)

No Duty to Mitigate. 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 otherwise entitled under this Agreementany contract and, and except as set forth herein with respect to the Continuation Benefits, the amount of such payments and benefits shall not be reduced by any compensation or benefits received by the Executive from other employment.. (j)

Appears in 1 contract

Samples: Employment Agreement

No Duty to Mitigate. 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 otherwise entitled under this Agreementthe contract, and the amount of such payments and benefits shall not be reduced by any compensation or benefits received by the Executive from other employment.

Appears in 1 contract

Samples: Executive Employment Agreement (Mylan Laboratories Inc)

No Duty to Mitigate. 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 otherwise entitled under this Agreementany contract and, and except as set forth herein with respect to the health insurance benefits, the amount of such payments and benefits shall not be reduced by any compensation or benefits received by the Executive from other employment.

Appears in 1 contract

Samples: Executive Employment Agreement (Mylan Inc.)

No Duty to Mitigate. 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 otherwise entitled under this Agreement, any contract and the amount of such payments and benefits shall not be reduced by any compensation or benefits received by the Executive from other employment."

Appears in 1 contract

Samples: Executive Employment Agreement (Mylan Laboratories Inc)

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

Appears in 1 contract

Samples: Severance Agreement (Chase Corp)

No Duty to Mitigate. There shall be no requirement on the part of the Executive to seek other employment or otherwise to mitigate damages in order to be entitled to the full amount of any payments and benefits to which the Executive is otherwise entitled under this Agreement, and the amount of such payments and benefits shall not be reduced by any compensation or benefits received by the Executive from other employment.

Appears in 1 contract

Samples: Executive Employment Agreement (Mylan Laboratories Inc)

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