Common use of No Mitigation; No Offset Clause in Contracts

No Mitigation; No Offset. In the event of any termination of employment, Executive shall be under no obligation to seek other employment; amounts due Executive under this Agreement shall not be offset by any remuneration attributable to any subsequent employment that he may obtain.

Appears in 36 contracts

Samples: Employment Agreement (Amedisys Inc), Employment Agreement (Amedisys Inc), Employment Agreement (Amedisys Inc)

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No Mitigation; No Offset. In the event of any termination of employmentExecutive’s employment under Section 7 of this Agreement, Executive shall be under no obligation to seek other employment; employment and there shall be no offset against amounts due Executive under this Agreement shall not be offset by Agreement, or otherwise, on account of any remuneration or other benefit attributable to any subsequent employment that he Executive may obtain.

Appears in 17 contracts

Samples: Employment Agreement (Foundation Coal Holdings, Inc.), Employment Agreement (Foundation Coal Holdings, Inc.), Employment Agreement (Foundation Coal Holdings, Inc.)

No Mitigation; No Offset. In no event shall the event of any termination of employment, Executive shall be under no obligation obligated to seek other employment; employment or take any other action by way of mitigation of the amounts due payable to the Executive under any of the provisions of this Agreement Agreement, nor shall not the amount of any payment hereunder be offset reduced by any remuneration attributable to any compensation earned by the Executive as a result of employment by a subsequent employment that he may obtainemployer.

Appears in 16 contracts

Samples: Employment Agreement (Direct Communication Solutions, Inc.), Employment Agreement (Direct Communication Solutions, Inc.), Employment Agreement (Direct Communication Solutions, Inc.)

No Mitigation; No Offset. In the event of any termination of employmentemployment under this Section 3, Executive shall be under no obligation to seek other employment; , and the amounts due Executive under this Agreement shall not be offset by any remuneration attributable to any subsequent employment that he Executive may obtain.

Appears in 14 contracts

Samples: Change in Control Agreement (CVS HEALTH Corp), Change in Control Agreement (CVS HEALTH Corp), Change in Control Agreement (CVS HEALTH Corp)

No Mitigation; No Offset. In the event of any termination of employment, the Executive shall be under no obligation to seek other employment; amounts due the Executive under this Agreement shall not be offset by any remuneration attributable to any subsequent employment that he may obtain.

Appears in 13 contracts

Samples: Employment Agreement (CVS Corp), Employment Agreement (CVS Corp), Employment Agreement (CVS Corp)

No Mitigation; No Offset. In the event of any termination of employmentExecutive’s employment under this Agreement, Executive shall be under no obligation to seek other employment; , and there shall be no offset against amounts due Executive under this Agreement shall not be offset by on account of any remuneration attributable to any subsequent employment that he Executive may obtain.

Appears in 13 contracts

Samples: Employment Agreement (Metalico Inc), Employment Agreement (Metalico Inc), Employment Agreement (Metalico Inc)

No Mitigation; No Offset. In the event of any termination of employmentemployment under this Employment Agreement, the Executive shall be under no obligation to seek other employment; employment and there shall be no offset against amounts due the Executive under this Employment Agreement shall not be offset by on account of any remuneration attributable to any subsequent employment that he may obtain.

Appears in 12 contracts

Samples: Employment Agreement (SFX Broadcasting Inc), Employment Agreement (SFX Entertainment Inc), Employment Agreement (SFX Entertainment Inc)

No Mitigation; No Offset. In the event of any termination of the Executive’s employment, the Executive shall be under no obligation to seek other employment; employment and there shall be no offset against amounts due the Executive under this Agreement shall not be offset by on account of any remuneration compensation attributable to any subsequent employment that he the Executive may obtainobtain except as specifically provided in this Section 5.

Appears in 12 contracts

Samples: Executive Employment Agreement (Trulieve Cannabis Corp.), Executive Employment Agreement (Trulieve Cannabis Corp.), Executive Employment Agreement (Trulieve Cannabis Corp.)

No Mitigation; No Offset. In the event of any termination of employment, the Executive shall be under no obligation to seek other employment; employment and there shall be no offset against amounts due the Executive under this Agreement shall not be offset by on account of any remuneration attributable to any subsequent employment that he may obtain.

Appears in 11 contracts

Samples: Restricted Stock Unit Award Agreement (Tellabs Inc), Employment Agreement (Qwest Communications International Inc), Employment Agreement (Qwest Capital Funding Inc)

No Mitigation; No Offset. In no event shall the event of any termination of employment, Executive shall be under no obligation obligated to seek other employment; employment or take any other action by way of mitigation of the amounts due payable to the Executive under any of the provisions of this Agreement Agreement, and such amounts shall not be offset by any remuneration attributable to any subsequent employment that he may obtainreduced, regardless of whether the Executive obtains other employment.

Appears in 11 contracts

Samples: Employment Agreement, Employment Agreement (Macerich Co), Employment Agreement (Babcock & Wilcox Enterprises, Inc.)

No Mitigation; No Offset. In the event of any termination of employmentemployment under this Section 4, the Executive shall be under no obligation to seek other employment; amounts due the Executive under this Agreement shall not be offset by any remuneration attributable to any subsequent employment that he may obtain.

Appears in 10 contracts

Samples: Employment Agreement (Pacer Health Corp), Employment Agreement (Pacer Health Corp), Employment Agreement (Pacer Health Corp)

No Mitigation; No Offset. In the event of any termination of employmentthe Executive’s employment under this Agreement, the Executive shall be under no obligation to seek other employment; , and there shall be no offset against amounts due the Executive under this Agreement shall not be offset by on account of any remuneration attributable to any subsequent employment that he the Executive may obtain.

Appears in 9 contracts

Samples: Executive Employment Agreement (Herbst Gaming, LLC), Executive Employment Agreement (Herbst Gaming Inc), Executive Employment Agreement (Herbst Gaming Inc)

No Mitigation; No Offset. In the event of any a termination of employmentemployment under Section 2 of this Agreement, the Executive shall be under no obligation to seek other employment; amounts , and there shall be no offset against the Termination Benefits due the Executive under this Agreement shall not be offset by on account of any remuneration attributable to any subsequent employment that he may obtain.

Appears in 9 contracts

Samples: Letter Agreement (Cabot Oil & Gas Corp), Change in Control Agreement (Cabot Oil & Gas Corp), Agreement (Thermadyne Holdings Corp /De)

No Mitigation; No Offset. In the event of any termination of employmentemployment under this Article 10 or under Article 14, the Executive shall be under no obligation to seek other employment; employment and there shall be no offset against amounts due the Executive under this Agreement shall not be offset by on account of any remuneration attributable to any subsequent employment that he may obtain.

Appears in 8 contracts

Samples: Executive Employment Agreement (Eldorado Resorts, Inc.), Executive Employment Agreement (Eldorado Resorts, Inc.), Executive Employment Agreement (Eldorado Resorts, Inc.)

No Mitigation; No Offset. In the event of any termination of employmentExecutive's employment under Section 7 of this Agreement, Executive shall be under no obligation to seek other employment; employment and there shall be no offset against amounts due Executive under this Agreement shall not be offset by Agreement, or otherwise, on account of any remuneration or other benefit attributable to any subsequent employment that he Executive may obtain.

Appears in 8 contracts

Samples: Employment Agreement (Foundation Coal Holdings, Inc.), Employment Agreement (Foundation Coal Holdings, Inc.), Employment Agreement (Foundation Coal Holdings, Inc.)

No Mitigation; No Offset. In the event of any termination of employment, The Executive shall be under no obligation to seek other employment; employment after the Date of Termination, and there shall be no offset against amounts or benefits due Executive to him under this Agreement shall not be offset or otherwise on account of any remuneration or benefits provided by any remuneration attributable to any subsequent employment that he may obtainemployer.

Appears in 7 contracts

Samples: Employment Agreement (Aleris Corp), Executive Employment Agreement (Aleris Corp), Employment Agreement (Aleris Corp)

No Mitigation; No Offset. In the event of any termination of employment, Executive shall be under no obligation to seek other employment; amounts due Executive under this Agreement shall not be offset by any remuneration attributable to any subsequent employment that he may obtainobtain or for any other reason.

Appears in 7 contracts

Samples: Employment Agreement (Biozone Pharmaceuticals, Inc.), Employment Agreement (Biozone Pharmaceuticals, Inc.), Employment Agreement (Biozone Pharmaceuticals, Inc.)

No Mitigation; No Offset. In the event of any termination of employmenthis employment hereunder, the Executive shall be under no obligation to seek other employment; employment and except in the event of a termination by the Company for Cause there shall be no offset against amounts or benefits due the Executive under this Agreement shall not be offset on account of any claims asserted by the Company or any remuneration or benefits attributable to any subsequent employment that he may obtain, except to the extent set forth in Section 14(d)(vii).

Appears in 6 contracts

Samples: Employment Agreement (Gillette Co), Employment Agreement (Gillette Co), Employment Agreement (Gillette Co)

No Mitigation; No Offset. In the event of any termination of employmentemployment under this Section 4, Executive shall be under no obligation to seek other employment; amounts due Executive under this Agreement shall not be offset by any remuneration attributable to any subsequent employment that he he/she may obtain.

Appears in 6 contracts

Samples: Change of Control Agreement (Danka Business Systems PLC), Change of Control Agreement (Danka Business Systems PLC), Change of Control Agreement (Danka Business Systems PLC)

No Mitigation; No Offset. In the event of any termination of employmentemployment under this Section 9, the Executive shall be under no obligation to seek other employment; employment and there shall be no offset against amounts due the Executive under this Agreement shall not be offset by on account of any remuneration attributable to any subsequent employment that he may obtain.

Appears in 6 contracts

Samples: Employment Agreement (Blyth Inc), Employment Agreement (Primedia Inc), Employment Agreement (Primedia Inc)

No Mitigation; No Offset. In the event of any termination of employmentExecutive's employment under the Agreement, Executive shall be under no obligation to seek other employment; , and there shall be no offset against amounts due Executive under this the Agreement shall not be offset by on account of any remuneration attributable to any subsequent employment that he Executive may obtain.

Appears in 6 contracts

Samples: Change in Control Agreement (Cell Pathways Inc /De), Change in Control Agreement (Cell Pathways Inc /De), Change in Control Agreement (Cell Pathways Inc /De)

No Mitigation; No Offset. In no event shall the event of any termination of employment, Executive shall be under no obligation obligated to seek other employment; employment or take any other action by way of mitigation of the amounts due payable to the Executive under any of the provisions of this Agreement and, such amounts shall not be offset by any remuneration attributable to any subsequent employment that he may obtainreduced whether or not the Executive obtains other employment.

Appears in 6 contracts

Samples: Succession Agreement, Succession Agreement (Bill Barrett Corp), Succession Agreement (Bill Barrett Corp)

No Mitigation; No Offset. In the event of any termination of employmentemployment under this Section 10, the Executive shall not be under no obligation obligated to seek other employment; amounts due the Executive under this Agreement shall not be offset by any remuneration attributable to any subsequent employment that he Executive may obtain.

Appears in 6 contracts

Samples: Employment Agreement (Dragonfly Energy Holdings Corp.), Employment Agreement (dELiAs, Inc.), Employment Agreement (dELiAs, Inc.)

No Mitigation; No Offset. In the event of any termination of employmentExecutive's employment under this Agreement, Executive shall be under no obligation to seek other employment; , and there shall be no offset against amounts due Executive under this Agreement shall not be offset by on account of any remuneration attributable to any subsequent employment that he Executive may obtain, provided that continuation under the Company's employee benefit programs that are employee welfare benefit plans and programs shall terminate if and to the extent that substantially equivalent benefits are available through a new employer of Executive.

Appears in 6 contracts

Samples: Change in Control Agreement (Del Laboratories Inc), Change in Control Agreement (Del Laboratories Inc), Change in Control Agreement (Del Laboratories Inc)

No Mitigation; No Offset. In the event of any termination of employmentemployment under this Section 12, the Executive shall be under no obligation to seek other employment; employment and there shall be no offset against amounts due the Executive under this Agreement shall not be offset by on account of any remuneration attributable to any subsequent employment that he may obtain.

Appears in 6 contracts

Samples: Employment Agreement (Diebold Inc), Employment Agreement (Diebold Inc), Agreement (Primedia Inc)

No Mitigation; No Offset. In the event of any termination of employmentemployment under this Article V, Executive shall be under no obligation to seek other employment; employment and there shall be no offset against amounts due Executive under this Agreement shall not be offset by on account of any remuneration attributable to any subsequent employment that he may obtain., except as specifically provided for fringe benefits in this Article V.

Appears in 5 contracts

Samples: Employment Agreement (Sunbelt Automotive Group Inc), Employment Agreement (Sunbelt Automotive Group Inc), Employment Agreement (Sunbelt Automotive Group Inc)

No Mitigation; No Offset. In the event of any the Executive's termination of employment, Executive he shall be under no obligation to seek other employment; employment and there shall be no offset against any amounts due the Executive under this Agreement shall not be offset by hereunder on account of any remuneration attributable to the Executive may obtain from any subsequent employment that he may obtainemployment.

Appears in 5 contracts

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

No Mitigation; No Offset. In the event of any termination of employment, the Executive shall be under no obligation to seek other employment; employment and, amounts due the Executive under this Agreement shall not be offset by any remuneration attributable to any subsequent employment that he may obtain.

Appears in 5 contracts

Samples: Employment Agreement (Nymagic Inc), Employment Agreement (Nymagic Inc), Employment Agreement (Nymagic Inc)

No Mitigation; No Offset. In the event of any termination of employmentemployment under this Section 4, Executive shall be under no obligation to seek other employment; amounts due Executive under this Agreement shall not be offset by any remuneration attributable to any subsequent employment that he Executive may obtain.

Appears in 5 contracts

Samples: Change in Control Agreement (American Water Works Company, Inc.), Severance and Change in Control Agreement (Entrust Inc), Severance and Change in Control Agreement (Entrust Inc)

No Mitigation; No Offset. In the event of any termination of employmentemployment under this Article 10, the Executive shall be under no obligation to seek other employment; employment and there shall be no offset against amounts due to the Executive under this Agreement shall not be offset by on account of any remuneration attributable to any subsequent employment that he may obtain.

Appears in 4 contracts

Samples: Executive Employment Agreement (Caesars Entertainment, Inc.), Executive Employment Agreement (Caesars Entertainment, Inc.), Executive Employment Agreement (Caesars Entertainment, Inc.)

No Mitigation; No Offset. In the event of any termination of employmentemployment under this Section 10, the Executive shall be under no obligation to seek other employment; amounts due the Executive under this Agreement shall not be offset by any remuneration attributable to any subsequent employment that he may obtain.

Appears in 4 contracts

Samples: Employment Agreement (Footstar Inc), Employment Agreement (Melville Corp), Employment Agreement (Footstar Inc)

No Mitigation; No Offset. In the event of any termination of employmentthe Executive’s employment under the Agreement without Cause, the Executive shall be under no obligation to seek other employment; , and there shall be no offset against amounts due the Executive under this the Agreement shall not be offset by on account of any remuneration attributable to any subsequent employment that he the Executive may obtain.

Appears in 4 contracts

Samples: Employment Agreement (Vendingdata Corp), Employment Agreement (Vendingdata Corp), Employment Agreement (Elixir Gaming Technologies, Inc.)

No Mitigation; No Offset. In the event of any termination of employment, Executive shall be under no obligation to seek other employment; employment and there shall be no offset against amounts due Executive under this Agreement shall not be offset by on account of any remuneration compensation attributable to any subsequent employment that he may obtain.

Appears in 4 contracts

Samples: Transition Agreement, Separation and General Release Agreement (Mack Cali Realty L P), Transition Agreement, Separation Agreement (Coeur D Alene Mines Corp)

No Mitigation; No Offset. In the event of any termination of employment, the Executive shall be under no obligation to seek other employment; employment and, except as provided in Section 9(c)(viii), amounts due the Executive under this Agreement shall not be offset by any remuneration attributable to any subsequent employment that he may obtain.

Appears in 4 contracts

Samples: Employment Agreement (Nymagic Inc), Employment Agreement (Nymagic Inc), Employment Agreement (Nymagic Inc)

No Mitigation; No Offset. In the event of any termination of employmentthe Term of Employment under this Section 9, Executive shall be under no obligation to seek other employment; employment and there shall be no offset against amounts due Executive under this Agreement shall not be offset by on account of any remuneration attributable to any subsequent employment that he may obtainobtained by Executive except as specifically provided in this Section 9.

Appears in 4 contracts

Samples: Employment Agreement (Optel Inc), Employment Agreement (Optel Inc), Employment Agreement (Optel Inc)

No Mitigation; No Offset. In the event of any termination of employmentemployment under this Article 10, the Executive shall be under no obligation to seek other employment; employment and there shall be no offset against amounts due the Executive under this Agreement shall not be offset by on account of any remuneration attributable to any subsequent employment that he may obtain.

Appears in 4 contracts

Samples: Executive Employment Agreement (Caesars Entertainment, Inc.), Executive Employment Agreement (Caesars Entertainment, Inc.), Executive Employment Agreement (Caesars Entertainment, Inc.)

No Mitigation; No Offset. In the event of any termination of employment, the Executive shall be under no obligation to seek other employment; , and there shall be no offset against entitlements, amounts or benefits due Executive him under this Agreement shall not be offset by or otherwise on account of any remuneration attributable to any subsequent employment that he may obtainemployer or claims asserted by the Company or any affiliate.

Appears in 4 contracts

Samples: Employment Agreement (Health Discovery Corp), Employment Agreement (Health Discovery Corp), Employment Agreement (Quest Diagnostics Inc)

No Mitigation; No Offset. In the event of any termination of employmentemployment under this Section 9, the Executive shall be under no obligation to seek other employment; amounts due the Executive under this Agreement shall not be offset by any remuneration attributable to any subsequent employment that he may obtain.

Appears in 4 contracts

Samples: Employment Agreement (Footstar Inc), Employment Agreement (Footstar Inc), Employment Agreement (Footstar Inc)

No Mitigation; No Offset. In the event of any termination of employmentExecutive’s employment under this Agreement, Executive shall be under no obligation to seek other employment; employment or otherwise in any way to mitigate the amount of any payment provided for in this Section 1, and there shall be no offset against amounts due Executive under this Agreement shall not be offset by on account of any remuneration attributable to any subsequent employment that he Executive may obtain.

Appears in 4 contracts

Samples: Amended and Restated Agreement (Mfa Financial, Inc.), Execution (Mfa Financial, Inc.), Amended and Restated Agreement (Mfa Financial, Inc.)

No Mitigation; No Offset. In the event of any termination of employment, The Executive shall be under no obligation to seek other employment; amounts due employment after his termination of employment with the Company and the obligations of the Company to the Executive under which arise upon the termination of his employment pursuant to this Agreement Section 5 shall not be offset by any remuneration attributable subject to any subsequent employment that he may obtainmitigation or offset.

Appears in 4 contracts

Samples: Employment Agreement (Gmac LLC), Employment Agreement (Gmac LLC), Employment Agreement (Gmac LLC)

No Mitigation; No Offset. In the event of any termination of employment, Executive shall be under no obligation to seek other employment; , and there shall be no offset against any amounts due Executive him under this the Agreement shall not be offset by on account of any remuneration attributable to any subsequent employment that he may obtainemployer or claims asserted by the Company or any affiliate.

Appears in 3 contracts

Samples: Employment Agreement (Magellan Health Services Inc), Employment Agreement (Magellan Health Services Inc), Employment Agreement (Magellan Health Services Inc)

No Mitigation; No Offset. In the event of any termination of employmentemployment under this Paragraph 7, Executive shall be under no obligation to seek other employment; employment and there shall be no offset against amounts due Executive under this Agreement shall not be offset by on account of any remuneration attributable to any subsequent employment that he may obtainobtain except as specifically provided in this Paragraph 7.

Appears in 3 contracts

Samples: Employment Agreement (Bico Inc/Pa), Employment Agreement (Bico Inc/Pa), Employment Agreement (Bico Inc/Pa)

No Mitigation; No Offset. In the event of any termination of employmentIf Executive’s employment is terminated, Executive shall will be under no obligation to seek other employment; employment and amounts due Executive under this Agreement shall will not be offset by any remuneration attributable to any subsequent employment that he Executive may obtain.

Appears in 3 contracts

Samples: Employment Agreement (Tallgrass Energy, LP), Employment Agreement (Tallgrass Energy, LP), Employment Agreement

No Mitigation; No Offset. In the event of any termination of employmentExecutive’s employment hereunder for any reason, Executive shall be under no obligation to seek other employment; employment or to otherwise mitigate the obligations of the Company under this Agreement. There shall be no offset against amounts due to Executive under this Agreement shall not be offset by on account of any remuneration attributable to or other benefit earned or received by Executive after such termination or on account of any subsequent employment claim that he the Company or any of its affiliates may obtainhave against him.

Appears in 3 contracts

Samples: Executive Employment Agreement (Zeta Global Holdings Corp.), Executive Employment Agreement (Zeta Global Holdings Corp.), Executive Employment Agreement (Zeta Global Holdings Corp.)

No Mitigation; No Offset. In the event of any termination of employmentthe Executive's employment under the Agreement, Executive he shall be under no obligation to seek other employment; , and there shall be no offset against amounts due Executive him under this the Agreement shall not be offset by on account of any remuneration attributable to any subsequent employment that he may obtain.

Appears in 3 contracts

Samples: Employment Agreement (Cdnow N2k Inc), Employment Agreement (Rio Hotel & Casino Inc), Employment Agreement (Cdnow N2k Inc)

No Mitigation; No Offset. In the event of any termination of employmentthe Executive's employment under the Agreement, the Executive shall be under no obligation to seek other employment; , and there shall be no offset against amounts due the Executive under this the Agreement shall not be offset by on account of any remuneration attributable to any subsequent employment that he the Executive may obtain.

Appears in 3 contracts

Samples: Employment Agreement (Herbst Gaming Inc), Executive Employment Agreement (Paul Son Gaming Corp), Employment Agreement (Herbst Gaming Inc)

No Mitigation; No Offset. In the event of any termination of employmentthis Agreement, the Executive shall be under no obligation to seek other employment; , and there shall be no offset against amounts due the Executive under this Agreement shall not be offset by on account of any remuneration attributable to any subsequent employment that he the Executive may obtain.

Appears in 3 contracts

Samples: Executive Employment Agreement (Gamma Pharmaceuticals Inc), Executive Employment Agreement (Gamma Pharmaceuticals Inc), Executive Employment Agreement (Gamma Pharmaceuticals Inc)

No Mitigation; No Offset. In the event of any termination of employmentExecutive's employment under this Agreement, the Executive shall be under no obligation to seek other employment; employment and there shall be no offset against amounts due to the Executive under this Agreement shall not be offset by on account of any remuneration attributable to any subsequent employment that he Executive may obtain.

Appears in 3 contracts

Samples: Employment Agreement (E4l Inc), Employment Agreement (E4l Inc), Employment Agreement (E4l Inc)

No Mitigation; No Offset. In the event of any termination of employment, Executive shall be under no obligation to seek other employment; employment and there shall be no offset against amounts due Executive under this Agreement shall not be offset by on account of any remuneration attributable to any subsequent employment that he may obtain.

Appears in 3 contracts

Samples: Employment Agreement (KFX Inc), Employment Agreement (KFX Inc), Employment Agreement (KFX Inc)

No Mitigation; No Offset. In the event of any termination of employmenthis employment for any reason, the Executive shall be under no obligation to seek other employment; employment and, except as specifically provided for in this Section 9, there shall be no offset against amounts due Executive under this Agreement shall not be offset by to him on account of any remuneration attributable to or benefits provided by any subsequent employment that he may obtain.

Appears in 3 contracts

Samples: Employment Agreement (Warnaco Group Inc /De/), Agreement and Release (Warnaco Group Inc /De/), Employment Agreement (Warnaco Group Inc /De/)

No Mitigation; No Offset. In the event of any termination of the Executive’s employment, the Executive shall be under no obligation to seek other employment; , and there shall be no offset against amounts due to the Executive under on account of any remuneration or benefits provided by any subsequent employment the Executive may obtain. The Company’s obligation to make any payment pursuant to, and otherwise to perform its obligations under, this Agreement shall not be offset affected by any remuneration attributable to offset, counterclaim, or other right that the Company or any subsequent employment that he other member of the Company Group may obtainhave against the Executive for any reason.

Appears in 3 contracts

Samples: Employment Agreement (Tuesday Morning Corp/De), Employment Agreement (Tuesday Morning Corp/De), Employment Agreement (Tuesday Morning Corp/De)

No Mitigation; No Offset. In the event of any termination of Executive's employment, Executive shall be under no obligation to seek other employment; amounts due Executive under this Agreement shall not be offset by any remuneration attributable to any subsequent employment that he may obtain. In addition, no payments to Executive under this Agreement may be subject to any offset or setoff due to any claim the Company, or its parents, affiliates, or subsidiaries, may have against Executive.

Appears in 2 contracts

Samples: Change of Control Agreement (Danka Business Systems PLC), Change of Control Agreement (Danka Business Systems PLC)

No Mitigation; No Offset. In the event of any termination of employment, Executive shall be under no obligation to seek other employment; amounts . Amounts due Executive under this Agreement shall not be offset by any remuneration attributable to any subsequent employment that he may obtain.

Appears in 2 contracts

Samples: Employment Agreement (Charah Solutions, Inc.), Employment Agreement (Charah Solutions, Inc.)

No Mitigation; No Offset. In If the event of any termination of employmentExecutive's employment terminates under this Section 12, the Executive shall be under no obligation to seek other employment; employment and there shall be no offset against amounts due the Executive under this Agreement shall not be offset by on account of any remuneration attributable to any subsequent employment that he may obtain.remuneration

Appears in 2 contracts

Samples: Employment Agreement (Metallurg Holdings Inc), Employment Agreement (Metallurg Inc)

No Mitigation; No Offset. In the event of any a termination of employmentthe Executive's employment for any reason under this Section 11, the Executive shall be under no obligation to seek other employment; employment and there shall be no offset against amounts due to the Executive under this Agreement shall not be offset by on account of any remuneration compensation attributable to any subsequent employment that compensation he may obtainreceive.

Appears in 2 contracts

Samples: Employment Agreement (Comverse Technology Inc/Ny/), Employment Agreement (Comverse Technology Inc/Ny/)

No Mitigation; No Offset. In the event of any termination of employmentExecutive’s employment under this Agreement, Executive shall be under no obligation to seek other employment; employment or otherwise in any way to mitigate the amount of any payment provided for in this Section 2, and there shall be no offset against amounts due Executive under this Agreement shall not be offset by on account of any remuneration attributable to any subsequent employment that he Executive may obtain.

Appears in 2 contracts

Samples: Agreement (Mfa Financial, Inc.), Agreement (Mfa Financial, Inc.)

No Mitigation; No Offset. In no event shall the event of any termination of employment, Executive shall be under no obligation obligated to seek other employment; employment or take any other action by way of mitigation of the amounts due payable to the Executive under any of the provisions of this Agreement and such amounts shall not be offset by any remuneration attributable to any subsequent employment that he may obtainreduced whether or not the Executive obtains other employment.

Appears in 2 contracts

Samples: Transition and Separation Agreement (Criteo S.A.), Form of Separation Agreement (Dupont E I De Nemours & Co)

No Mitigation; No Offset. In the event of any termination of employmentemployment under this Article 11 or under Article 15, the Executive shall be under no obligation to seek other employment; employment and there shall be no offset against amounts due the Executive under this Agreement shall not be offset by on account of any remuneration attributable to any subsequent employment that he may obtain.

Appears in 2 contracts

Samples: Executive Employment Agreement (Eldorado Resorts, Inc.), Executive Employment Agreement (Eldorado Resorts, Inc.)

No Mitigation; No Offset. In the event of any termination of employmentthe Executive’s employment under this Agreement, Executive shall be under no obligation to seek other employment; employment and there shall be no offset against amounts due Executive under this Agreement shall not be offset by on account of any remuneration compensation attributable to any subsequent employment that he may obtain.

Appears in 2 contracts

Samples: Employment Agreement (fuboTV Inc. /FL), Employment Agreement (Nextgen Healthcare, Inc.)

No Mitigation; No Offset. In the event of any termination of employment, the Executive shall be under no obligation to seek other employment; employment and, except as provided in Section 9(c)(ix), amounts due the Executive under this Agreement shall not be offset by any remuneration attributable to any subsequent employment that he may obtain.

Appears in 2 contracts

Samples: Employment Agreement (Nymagic Inc), Employment Agreement (Nymagic Inc)

No Mitigation; No Offset. In the event of any termination of employment, the Executive shall be under no obligation to seek other employment; , and amounts due the Executive under this Executive Severance Agreement shall not be offset by any remuneration attributable to any subsequent employment that he may obtain.

Appears in 2 contracts

Samples: Executive Severance Agreement (Nymagic Inc), Executive Severance Agreement (Nymagic Inc)

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No Mitigation; No Offset. In the event of any termination of employmentemployment hereunder, Executive shall be under no obligation to seek other employment; employment and there shall be no offset against any amounts due Executive under this Agreement shall not be offset by on account of any remuneration attributable to any subsequent employment that he Executive may obtain, except as otherwise set forth in this Agreement relating to Executive’s subsequent employment with Casino. The amounts payable hereunder shall not be subject to setoff, counterclaim, recoupment, defense or other right that the Company may have against Executive or others.

Appears in 2 contracts

Samples: 2006 Employment Agreement (Smart & Final Inc/De), Employment Agreement (Smart & Final Inc/De)

No Mitigation; No Offset. In the event of any termination of employmentemployment under Section 1(c) hereof, Executive shall be under no obligation to seek other employment; employment and there shall be no offset against amounts due the Executive under this Agreement shall not be offset by on account of any remuneration attributable to any subsequent employment that he or she may obtain.

Appears in 2 contracts

Samples: Agreement (Lands End Inc), Agreement (Lands End Inc)

No Mitigation; No Offset. In the event of any termination of employmentExecutive's employment under this Agreement, Executive shall be under no obligation to seek other employment; , and there shall be no offset against amounts due Executive under this Agreement shall not be offset by on account of any remuneration attributable to any subsequent employment that he Executive may obtain.

Appears in 2 contracts

Samples: Employment Agreement (Newmark Homes Corp), Employment Agreement (Technical Olympic Usa Inc)

No Mitigation; No Offset. In the event of any termination of employmentemployment (including non-renewal of the term by the Company), Executive shall be under no obligation to seek other employment; , and there shall be no offset against any amounts due Executive him under this the Agreement shall not be offset by on account of any remuneration attributable to any subsequent employer or claims asserted by the Company or any affiliate, but the Company shall not be obligated to provide medical, dental or hospitalization insurance following Executive's commencement of other employment that he may obtainif such employment provides comparable coverage determined on a benefit-by-benefit basis.

Appears in 2 contracts

Samples: Employment Agreement (Magellan Health Services Inc), Employment Agreement (Magellan Health Services Inc)

No Mitigation; No Offset. In the event of any termination of employmentemployment under this Agreement, the Executive shall be under no obligation to seek other employment; employment and there shall be no offset against amounts due the Executive under this Agreement shall not be offset by on account of (i) any remuneration attributable to any subsequent employment that he may obtainobtain or (ii) any claims the Company may have against the Executive.

Appears in 2 contracts

Samples: Employment Agreement (SDC International Inc \De\), Employment Agreement (SDC International Inc \De\)

No Mitigation; No Offset. In the event of any termination of employmenthis employment hereunder, the Executive shall be under no obligation to seek other employment; employment nor shall any amounts due Executive under this Agreement shall not him pursuant to Section 10(b) be offset by any remuneration attributable to any subsequent employment that he may obtainother compensation received by the Executive.

Appears in 2 contracts

Samples: Employment Agreement (Predictive Systems Inc), Employment Agreement (Predictive Systems Inc)

No Mitigation; No Offset. In the event of any termination of employmentthe Executive's employment hereunder for any reason, the Executive shall be under no obligation to seek other employment; employment or otherwise mitigate the obligations of the Company under this Agreement. There shall be no offset against amounts due the Executive under this Agreement shall not be offset by on account of any remuneration attributable to or other benefit earned or received by the Executive after such termination or on account of any subsequent employment claim that he the Company or any of its Affiliates may obtainhave against him.

Appears in 2 contracts

Samples: Employment Agreement (Interstate Bakeries Corp/De/), Employment Agreement (Interstate Bakeries Corp/De/)

No Mitigation; No Offset. In the event of any termination of employmentthe employment of the Executive hereunder, the Executive shall be under no obligation to seek other employment; , and there shall be no offset against any amounts due Executive under this Agreement shall not be offset by him (other than as expressly provided herein) on account of any remuneration attributable to any subsequent employment that he may obtainobtain or any claims the Company or any of its affiliates may have against him.

Appears in 2 contracts

Samples: Employment Agreement (Russ Berrie & Co Inc), Stock Option Agreement (Russ Berrie & Co Inc)

No Mitigation; No Offset. In the event of any termination of employmenthis/her employment hereunder, the Executive shall be under no obligation to seek other employment; employment nor shall any amounts due Executive under this Agreement shall not him/her pursuant to Section 10(b) be offset by any remuneration attributable to any subsequent employment that he may obtainother compensation received by the Executive.

Appears in 2 contracts

Samples: Employment Agreement (Predictive Systems Inc), Employment Agreement (Predictive Systems Inc)

No Mitigation; No Offset. In the event of any termination of Executive’s employment, Executive shall be under no obligation to seek other employment; employment or otherwise mitigate the obligations of either of the Companies under this Agreement, and there shall be no offset against amounts or benefits due Executive under this Agreement shall not be offset by or otherwise on account of any remuneration attributable to any subsequent employment that he may obtainor other benefit earned or received by Executive after his termination of employment.

Appears in 2 contracts

Samples: Employment Agreement (Everi Holdings Inc.), Employment Agreement (Global Cash Access Holdings, Inc.)

No Mitigation; No Offset. In the event of any a termination of employmentemployment (including non-renewal of the term by the Company), Executive shall be under no obligation to seek other employment; , and there shall be no offset against any amounts due Executive him under this the Agreement shall not be offset by on account of any remuneration attributable to any subsequent employer or claims asserted by the Company or any affiliate, but the Company shall not be obligated to provide medical, dental or hospitalization insurance following Executive's commencement of other employment that he may obtainif such employment provides comparable coverage determined on a benefit-by-benefit basis.

Appears in 2 contracts

Samples: Employment Agreement (Magellan Health Services Inc), Execution Copy Employment Agreement (Magellan Health Services Inc)

No Mitigation; No Offset. In the event of any termination of employmentemployment under this Agreement, the Executive shall be under no obligation to seek other employment; employment and there shall be no offset against amounts due the Executive under this Agreement shall not be offset by or the Purchase Agreement on account of any remuneration attributable to any subsequent employment that he may obtainobtain or for any amount allegedly due the Employer or the Parent by the Executive.

Appears in 2 contracts

Samples: Employment Agreement (SFX Entertainment Inc), Employment Agreement (SFX Entertainment Inc)

No Mitigation; No Offset. In the event of any a termination of employmentemployment as contemplated in Section 3 of this Agreement, Executive shall be under no obligation to seek other employment; amounts due Executive under this Agreement shall not be offset by any remuneration attributable to any subsequent employment that he he/she may obtain.

Appears in 2 contracts

Samples: Change in Control Agreement (Business First Bancshares, Inc.), Change in Control Agreement (Business First Bancshares, Inc.)

No Mitigation; No Offset. In the event of any termination of employment, the Executive shall be under no obligation to seek other employment; employment and there shall be no offset against any amounts due to the Executive under this Agreement shall not be offset by on account of any remuneration attributable to any subsequent employment that he the Executive may obtain.

Appears in 2 contracts

Samples: Employment Agreement (SiriusPoint LTD), Employment Agreement (Third Point Reinsurance Ltd.)

No Mitigation; No Offset. In the event of any termination of employmentemployment under this Section 8, the Executive shall be under no obligation to seek other employment; amounts due the Executive under this Agreement shall not be offset by any remuneration attributable to any subsequent employment that he may obtain.. (f)

Appears in 1 contract

Samples: Employment Agreement                  agreement (Footstar Inc)

No Mitigation; No Offset. In the event of any termination of employmentemployment under this Section 5, the Executive shall be under no obligation to seek other employment; amounts due the Executive under this Agreement shall not be offset by any remuneration attributable to any subsequent employment that he may obtain.

Appears in 1 contract

Samples: Employment Agreement (Nx Networks Inc)

No Mitigation; No Offset. In the event of any termination of employmentExecutive’s employment hereunder, Executive shall be under no obligation to seek other employment; employment or otherwise mitigate the obligations of the Company under this Agreement, and there shall be no offset against amounts or benefits due Executive under this Agreement shall not be offset by or otherwise on account of any remuneration attributable to any subsequent employment that he may obtainor other benefit earned or received by Executive after such termination.

Appears in 1 contract

Samples: Executive Employment Agreement (FelCor Lodging Trust Inc)

No Mitigation; No Offset. In the event of any termination of employmentemployment under this Section 12, the Executive shall be under no obligation to seek other employment; employment and there shall be no offset against amounts due the Executive under this Agreement shall not be offset by on account of any remuneration attributable to any subsequent employment that he she may obtain.

Appears in 1 contract

Samples: Final Execution Copy (Lucent Technologies Inc)

No Mitigation; No Offset. In the event of any termination of employment, the Executive shall be under no obligation to seek other employment; , and amounts due the Executive under this Agreement shall not be offset by any remuneration attributable to any subsequent employment that he may obtainmaintain other than substantially comparable welfare benefits provided by a new employer.

Appears in 1 contract

Samples: Employment Agreement (Dial Corp /New/)

No Mitigation; No Offset. In the event of any termination ------------------------ of employmentthis Agreement, Executive shall be under no obligation to seek other employment; employment and the Company shall have no right to offset against amounts due the Executive under this Agreement shall not be offset by on account of any remuneration attributable to any subsequent employment or self- employment that he may obtain.

Appears in 1 contract

Samples: Executive Employment Agreement (Matador Acquisition CORP)

No Mitigation; No Offset. In the event of any termination of employmentemployment under this Section 13, the Executive shall be under have no obligation to seek other employment; . There shall be no offset against amounts due the Executive under this Agreement shall not be offset by on account of any remuneration attributable to any subsequent employment that he may obtainobtain except as specifically provided in this Section 13.

Appears in 1 contract

Samples: Employment Agreement (Sears Holdings CORP)

No Mitigation; No Offset. In the event of any termination of employmentExecutive's employment under the Agreement, Executive he or she shall be under no obligation to seek other employment; , and there shall be no offset against amounts due Executive him or her under this the Agreement shall not be offset by on account of any remuneration attributable to any subsequent employment that he or she may obtain.

Appears in 1 contract

Samples: Agreement (Players International Inc /Nv/)

No Mitigation; No Offset. (a) In the event of any termination of employmentemployment under Section 7, the Executive shall be under no obligation to seek other employment; , and there shall be no offset against amounts due the Executive under this Agreement shall not be offset by of account of any remuneration attributable to any subsequent employment that he may obtain.

Appears in 1 contract

Samples: Employment Agreement (Eastman Chemical Co)

No Mitigation; No Offset. In the event of any termination of employmentemployment under this Section 12, the Executive shall be under have no obligation to seek other employment; . There shall be no offset against amounts due the Executive under this Agreement shall not be offset by on account of any remuneration attributable to any subsequent employment that he may obtainobtain except as specifically provided in this Section 12.

Appears in 1 contract

Samples: Employment Agreement (Kmart Holding Corp)

No Mitigation; No Offset. In the event of any termination of the Executive's employment, the Executive shall be under no obligation to seek other employment; employment and there shall be no offset against amounts due the Executive under this Agreement shall not be offset by or otherwise on account of any remuneration compensation attributable to any subsequent employment that he may obtain.

Appears in 1 contract

Samples: Employment Agreement (Axa Financial Inc)

No Mitigation; No Offset. In the event of any termination of employment, Executive shall be under will have no obligation to ------------------------ seek other employment or to otherwise mitigate the Company's obligations to him arising from the termination of his employment; , and no amounts due paid or payable to Executive by the Company under this Agreement agreement shall not be subject to offset by for any remuneration to which Executive may become entitled from any other source after his employment with the Company terminates, whether attributable to any subsequent employment, self-employment that he may obtainor otherwise.

Appears in 1 contract

Samples: Employment Agreement (Ziff Davis Inc)

No Mitigation; No Offset. In the event of any termination of employmentemployment under this Section 9, the Executive shall be under no obligation to seek other employment; amounts due the Executive under this Agreement shall not be offset by any remuneration attributable to any subsequent employment that he she may obtain.

Appears in 1 contract

Samples: Employment Agreement (Footstar Inc)

No Mitigation; No Offset. In the event of any termination of employmentemployment under Section 1(c) hereof, Executive shall be under no obligation to seek other employment; employment and there shall be no offset against amounts due Executive under this Agreement shall not be offset by on account of any remuneration attributable to any subsequent employment that he may obtainobtain or, after a Sale of the Company, on account of any claims the Company or the Parent may have against him.

Appears in 1 contract

Samples: Amended and Restated Agreement (Lands End Inc)

No Mitigation; No Offset. In the event of any termination of employmentIf Executive is Terminated Without Cause ------------------------- or voluntarily terminates for Good Reason, Executive shall be under no obligation to seek other employment; , and there shall be no offset against amounts due Executive under this Agreement shall not be offset by on account of any remuneration attributable to any subsequent employment that he Executive may obtain.

Appears in 1 contract

Samples: Employment Agreement (Rental Service Corp)

No Mitigation; No Offset. In the event of any termination of employmentthe Executive's employment under the Agreement without Cause, the Executive shall be under no obligation to seek other employment; , and there shall be no offset against amounts due the Executive under this the Agreement shall not be offset by on account of any remuneration attributable to any subsequent employment that he the Executive may obtain.

Appears in 1 contract

Samples: Employment Agreement (Vendingdata Corp)

No Mitigation; No Offset. In the event of any Executive's termination of employment, Executive he shall be under no obligation to seek other employment; employment and there shall be no offset against any amounts due Executive under this Agreement shall not be offset by hereunder on account of any remuneration attributable to any subsequent employment that he Executive may obtain.obtain from any

Appears in 1 contract

Samples: Employment Agreement (Skyline Multimedia Entertainment Inc)

No Mitigation; No Offset. In the event of any termination of employmentemployment under Section 3 of this Agreement, Executive shall be under no obligation to seek other employment; employment and there shall be no offset against amounts due Executive under this Agreement shall not be offset by on account of any remuneration attributable to any subsequent employment or self-employment that he may obtain.

Appears in 1 contract

Samples: Employment Agreement (Helen of Troy LTD)

No Mitigation; No Offset. In the event of any termination of employment, the Executive shall be under no obligation to seek other employment; employment and there shall be no offset against amounts due Executive her under this the Agreement shall not be offset by on account of any remuneration attributable to any subsequent employment that he she may obtainobtain or any claims the Company may have against her.

Appears in 1 contract

Samples: Employment Agreement (Playboy Enterprises Inc)

No Mitigation; No Offset. In the event of any termination of employmentthe Term of Employment under this Section 10, Executive shall be under no obligation to seek other employment; employment and there shall be no offset against amounts due Executive under this Agreement shall not be offset by on account of any remuneration attributable to any subsequent employment that he may obtainobtained by Executive.

Appears in 1 contract

Samples: Employment Agreement (Woodworkers Warehouse Inc)

No Mitigation; No Offset. In the event of any termination of employmentIf Executive is terminated not for Cause or voluntarily terminates for Good Reason, Executive shall be under no obligation to seek other employment; employment and there shall be no offset against amounts due Executive under this Agreement shall not be offset by on account of any remuneration attributable to any subsequent employment that he Executive may obtain.

Appears in 1 contract

Samples: Executive Agreement (Tuboscope Vetco International Corp)

No Mitigation; No Offset. In the event of any termination of employmentIf Executive’s employment is terminated, Executive shall will be under no obligation to seek other employment; amounts . Amounts due to Executive under this Agreement shall will not be offset by any remuneration attributable to any subsequent employment that he Executive may obtain.

Appears in 1 contract

Samples: Employment Agreement (Tallgrass Energy, LP)

No Mitigation; No Offset. In the event of any termination of Executive’s employment, Executive shall be under no obligation to seek other employment; employment and there shall be no offset against amounts due Executive under this Agreement shall not be offset by on account of any remuneration attributable to any subsequent employment that he may obtain.

Appears in 1 contract

Samples: Employment Agreement (Hilfiger Tommy Corp)

No Mitigation; No Offset. In the event of any termination of employmenthis employment hereunder, the Executive shall be under no obligation to seek other employment; employment nor shall any amounts due Executive under this Agreement shall not him pursuant to Section 10(b) or Section 10(g) be offset by any remuneration attributable to any subsequent employment that he may obtainother compensation received by the Executive.

Appears in 1 contract

Samples: Employment Agreement (Predictive Systems Inc)

No Mitigation; No Offset. In the event of any a termination of employmentemployment ------------------------ under Section 2 of this Agreement, the Executive shall be under no obligation to seek other employment; amounts , and there shall be no offset against the Termination Benefits due the Executive under this Agreement shall not be offset by on account of any remuneration attributable to any subsequent employment that he may obtain.

Appears in 1 contract

Samples: Agreement (Cabot Oil & Gas Corp)

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