No Duty to Mitigate. The Executive shall not be required to mitigate the amount of any payment provided for in this Section 4 by seeking other employment or otherwise, nor shall the amount of any payment provided for in this Section 4 be reduced by any compensation earned by the Executive as the result of the Executive’s employment by another person, employer or business or by profits earned by the Executive from any other source at any time before and after the Executive’s date of termination.
Appears in 13 contracts
Samples: Employment Agreement (Perma Fix Environmental Services Inc), Employment Agreement (Perma Fix Environmental Services Inc), Employment Agreement (Perma Fix Environmental Services Inc)
No Duty to Mitigate. The Executive shall not be required to mitigate the amount of any payment or other benefit provided for in this Section Paragraph 4 by seeking other employment or otherwise, nor (except as specifically provided in subparagraph 4(d) above) shall the amount of any payment or other benefit provided for in this Section Paragraph 4 be reduced by any compensation earned by the Executive as the result of employment after the Executive’s employment by another person, employer or business or by profits earned by the Executive from any other source at any time before and after the Executive’s date of termination.
Appears in 8 contracts
Samples: Change of Control Agreement (Hickory Tech Corp), Change of Control Agreement (Hickory Tech Corp), Change of Control Agreement (Hickory Tech Corp)
No Duty to Mitigate. The Executive shall not be required to mitigate the amount of any payment or other benefit provided for in this Section Paragraph 4 by seeking other employment or otherwise, nor (except as specifically provided in subparagraph 4(c) above) shall the amount of any payment or other benefit provided for in this Section Paragraph 4 be reduced by any compensation earned by the Executive as the result of employment after the Executive’s employment by another person, employer or business or by profits earned by the Executive from any other source at any time before and after the Executive’s date of termination.
Appears in 7 contracts
Samples: Change of Control Agreement (Hickory Tech Corp), Change of Control Agreement (Hickory Tech Corp), Change of Control Agreement (Hickory Tech Corp)
No Duty to Mitigate. The Executive shall not be required to mitigate the amount of any payment provided for in this Section 4 by seeking other employment or otherwise, nor shall the amount of any payment provided for in this Section 4 be reduced by any compensation earned by the Executive as the result of the Executive’s employment by another person, employer or business or by profits earned by the Executive from any other source at any time before and after the Executive’s date Date of terminationTermination, or otherwise.
Appears in 6 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 the amount of any payment provided for in this Section 4 5 by seeking other employment or otherwise, nor shall the amount of any payment provided for in this Section 4 5 be reduced by any compensation earned by the Executive as the result of the Executive’s employment by another person, employer or business or by profits earned by the Executive from any other source at any time before and after the Executive’s date of terminationtermination (other than as provided in Section 5(j)(ii)(4)).
Appears in 5 contracts
Samples: Employment Agreement (Sequential Brands Group, Inc.), Employment Agreement (Sequential Brands Group, Inc.), Employment Agreement (Sequential Brands Group, Inc.)
No Duty to Mitigate. The Executive shall not be required to mitigate the amount of any payment provided for in this Section 4 5 by seeking other employment or otherwise, nor shall the amount of any payment provided for in this Section 4 5 be reduced by any compensation earned by the Executive as the result of the Executive’s employment by another person, employer or business or by profits earned by the Executive from any other source at any time before and after the Executive’s date of termination.
Appears in 4 contracts
Samples: Employment Agreement (Iconix Brand Group, Inc.), Employment Agreement (Iconix Brand Group, Inc.), Employment Agreement (Iconix Brand Group, Inc.)
No Duty to Mitigate. The Executive shall not be required to mitigate the amount of any payment provided for in this Section 4 5 by seeking other employment or otherwise, nor shall the amount of any payment provided for in this Section 4 5 be reduced by any compensation earned by the Executive as the result of the Executive’s employment by another person, employer or business or by profits earned by the Executive from any other source at any time before and after the Executive’s date Date of terminationTermination.
Appears in 2 contracts
Samples: Employment Agreement (Differential Brands Group Inc.), Employment Agreement (Differential Brands Group Inc.)
No Duty to Mitigate. The Executive shall not be required to mitigate the amount of any payment provided for in this Section 4 4.3 by seeking other employment or otherwise, nor shall the amount of any and no payment or benefit provided for in this Section 4 4.3. shall be reduced by any compensation earned by the Executive as the result of the Executive’s employment by another person, employer or business or by profits earned by the Executive from any other source at any time before and after the Executive’s date Date of terminationTermination, or otherwise.
Appears in 1 contract
Samples: Executive Employment Agreement (Synaptic Pharmaceutical Corp)
No Duty to Mitigate. The Executive shall not be required to mitigate the amount of any payment or other benefit provided for in this Section Paragraph 4 by seeking other employment or otherwise, nor (except as specifically provided in subparagraph 4(d) and paragraphs 5 above) shall the amount of any payment or other benefit provided for in this Section Paragraph 4 be reduced by any compensation earned by the Executive as the result of the Executive’s employment by another person, employer or business or by profits earned by the Executive from any other source at any time before and after the Executive’s date of 's employment termination.
Appears in 1 contract