No Duty to Mitigate. The Employee shall not be required to ------------------- mitigate the amount of any payment contemplated by this Agreement (whether by seeking new employment or in any other manner), nor, except as otherwise provided in this Agreement, shall any such payment be reduced by any earnings that the Employee may receive from any other source.
Appears in 19 contracts
Samples: Change of Control Agreement (Keravision Inc /Ca/), Change of Control Agreement (Keravision Inc /Ca/), Change of Control Agreement (Connect Inc)
No Duty to Mitigate. The Employee shall not be required to mitigate ------------------- mitigate the amount of any payment contemplated by this Agreement (whether by seeking new employment or in any other manner), nor, except as otherwise provided in this Agreement, shall any such payment be reduced by any earnings that the Employee may receive from any other source.
Appears in 18 contracts
Samples: Employment Agreement (Netcentives Inc), Employment Agreement (Cardiac Science Inc), Escrow Agreement (Netcentives Inc)
No Duty to Mitigate. The Employee shall not be required to mitigate ------------------- mitigate the amount of any payment contemplated by this Agreement (whether by seeking new employment or in any other manner), nor, except as otherwise provided in this Agreement, nor shall any such payment be reduced by any earnings that the Employee may receive from any other source.
Appears in 6 contracts
Samples: Employment Agreement (Oratec Interventions Inc), Employment Agreement (Tenfold Corp /Ut), Indemnification Agreement (Tenfold Corp /Ut)
No Duty to Mitigate. The Employee shall not be ------------------- required to ------------------- mitigate the amount of any payment contemplated by this Agreement (whether by seeking new employment or in any other manner), nor, except as otherwise provided in this Agreement, shall any such payment be reduced by any earnings that the Employee may receive from any other source.
Appears in 3 contracts
Samples: Change of Control Agreement (Connect Inc), Change of Control Agreement (Connect Inc), Change of Control Agreement (Rita Medical Systems Inc)
No Duty to Mitigate. The Employee shall not be required to ------------------- mitigate the amount of any payment contemplated by this Agreement (whether by seeking new employment or in any other manner), nor, except as otherwise provided in this Agreement, nor shall any such payment be reduced by any earnings that the Employee may receive from any other source, subject to the termination provisions of Section 4(a)(1).
Appears in 3 contracts
Samples: Control Severance Agreement (Sync Research Inc), Control Severance Agreement (Sync Research Inc), Control Severance Agreement (Sync Research Inc)
No Duty to Mitigate. The Employee shall not be required to ------------------- mitigate the amount of any payment contemplated by this Agreement (whether by seeking new employment or in any other manner), nor, except as otherwise provided in this Agreement, shall any such payment be reduced by any earnings that the Employee may receive from any other source.
Appears in 3 contracts
Samples: Employment Agreement (Cardiac Science Inc), Employment Agreement (Cardiac Science Inc), Employment Agreement (Keravision Inc /Ca/)
No Duty to Mitigate. The Employee shall not be required to ------------------- mitigate the amount of any payment or benefit contemplated by this Agreement (whether by seeking new employment or in any other manner), nor, nor (except as otherwise provided in this Agreement, ) shall any such payment or benefit be reduced by the Employee obtaining new employment or by any earnings that the Employee may receive from any other source.
Appears in 2 contracts
Samples: Captura Software Inc, Captura Software Inc
No Duty to Mitigate. The Employee shall not be required to ------------------- mitigate the amount of any payment contemplated by this Agreement (whether by seeking new employment or in any other manner), nor, except as otherwise provided in this Agreement, shall any such payment be reduced by any earnings that the Employee may receive from any other source.. (b)
Appears in 2 contracts
Samples: Change of Control Agreement (Connect Inc), Change of Control Agreement (Connect Inc)
No Duty to Mitigate. The Employee shall not be required to ------------------- mitigate the ------------------- amount of any payment contemplated by this Agreement (whether by seeking new employment or in any other manner), nor, except as otherwise provided in this Agreement, shall any such payment be reduced by any earnings that the Employee may receive from any other source.
Appears in 1 contract
No Duty to Mitigate. The Employee shall will not be required to mitigate ------------------- mitigate the amount of any payment contemplated by this Agreement (whether by seeking new employment or in any other manner), nor, except as otherwise provided in this Agreement, shall will any such payment be reduced by any earnings that the Employee may receive from any other source.
Appears in 1 contract
Samples: Employment Agreement (Vertel Corp)
No Duty to Mitigate. The Employee shall not be required to ------------------- mitigate the amount of any payment contemplated by this Agreement (whether by seeking new employment or in any other manner), nor, except with respect to the Employment Benefits as otherwise provided described in this AgreementSection 2(a)(iv), shall any such payment be reduced by any earnings that the Employee may receive from any other source.. (b)
Appears in 1 contract
