No Mitigation; No Offset. In the event of any termination of his employment hereunder, the Executive shall not be required to mitigate the amount of any payment provided for in this Agreement by seeking other employment or otherwise and no such payment shall be offset or reduced by the amount of any compensation provided to the Executive in any subsequent employment, except as provided in Section 9(e) of this Agreement.
Appears in 11 contracts
Samples: Employment Agreement (Empire Resorts Inc), Employment Agreement (Empire Resorts Inc), Employment Agreement (Empire Resorts Inc)
No Mitigation; No Offset. In the event of any termination of his her employment hereunder, the Executive shall not be required to mitigate the amount of any payment provided for in this Agreement by seeking other employment or otherwise and no such payment shall be offset or reduced by the amount of any compensation provided to the Executive in any subsequent employment, except as provided in Section 9(e) of this Agreement.
Appears in 5 contracts
Samples: Employment Agreement (Empire Resorts Inc), Employment Agreement (Empire Resorts Inc), Employment Agreement (Empire Resorts Inc)
No Mitigation; No Offset. In the event of any termination of his employment hereunder, the Executive shall not be required to mitigate the amount of any payment provided for in this Agreement by seeking other employment or otherwise and no such payment shall be offset or reduced by the amount of any compensation provided to the Executive in any subsequent employment, except as provided in Section 9(eSubsection 10(g) of this Agreement.
Appears in 4 contracts
Samples: Employment Agreement (Abercrombie & Fitch Co /De/), Employment Agreement (Abercrombie & Fitch Co /De/), Employment Agreement (Abercrombie & Fitch Co /De/)
No Mitigation; No Offset. In the event of any termination of his the Executive’s employment hereunder, by the Employer without Cause or by the Executive for Good Reason, the Executive shall not be required to mitigate the amount of any payment provided for in this Agreement by seeking other employment or otherwise and no such payment shall be offset or reduced by the amount of any compensation provided to the Executive in any subsequent employment, except as provided in Section 9(e) of this Agreement.
Appears in 4 contracts
Samples: Employment Agreement (Lifetime Brands, Inc), Employment Agreement (Lifetime Brands, Inc), Employment Agreement (Lifetime Brands, Inc)
No Mitigation; No Offset. In the event of any termination of his employment hereunder, by the Employer without Cause or by the Executive for Good Reason, the Executive shall not be required to mitigate the amount of any payment provided for in this Agreement by seeking other employment or otherwise and no such payment shall be offset or reduced by the amount of any compensation provided to the Executive in any subsequent employment, except as provided in Section 9(e) of this Agreement.
Appears in 4 contracts
Samples: Employment Agreement (Lifetime Brands, Inc), Employment Agreement (Lifetime Brands, Inc), Employment Agreement (Lifetime Brands, Inc)
No Mitigation; No Offset. In the event of any termination of his employment hereunder, the The Executive shall not be required required, as a condition to mitigate receiving any payments or benefits under this Agreement, to seek or obtain any other employment after any termination of employment hereunder or to take any steps to reduce the amount of any payment provided for or benefit described in this Agreement by seeking other employment or otherwise and no such payment shall be offset or reduced by Agreement. Further, the amount of any payment or benefit provided in this Agreement shall not be reduced by any compensation provided to earned by the Executive in as the result of any subsequent employment, except as provided in Section 9(e) of this Agreementemployment by another employer.
Appears in 3 contracts
Samples: Employment Agreement (Advance Auto Parts Inc), Employment Agreement (Advance Auto Parts Inc), Employment Agreement (Advance Auto Parts Inc)
No Mitigation; No Offset. In the event of any termination of his employment hereunder, the Executive shall not be required to mitigate the amount of any payment provided for in this Agreement by seeking other employment or otherwise otherwise, and no such payment shall be offset or reduced by the amount of any compensation provided to the Executive in any subsequent employment, except as provided in Section 9(e9(h) of this Agreement. In addition, the amounts payable hereunder shall not be subject to setoff, counterclaim, recoupment, defense or other right that the Company may have against the Executive or others, except upon a final unappealable judgment against the Executive for the benefit of the Company.
Appears in 2 contracts
Samples: Employment Agreement (Eddie Bauer Holdings, Inc.), Employment Agreement (Eddie Bauer Holdings, Inc.)
No Mitigation; No Offset. In the event of any termination of his employment hereunder, the Executive shall not be required to mitigate the amount of any payment provided for in this Agreement by seeking other employment or otherwise and no such payment shall be offset or reduced by the amount of any compensation provided to the Executive in any subsequent employment, except as provided in Section 9(e12(f) of this Agreement.
Appears in 2 contracts
Samples: Employment Agreement (Empire Resorts Inc), Employment Agreement (Abercrombie & Fitch Co /De/)
No Mitigation; No Offset. In the event of any termination of his employment hereunder, the Executive shall not be required to mitigate the amount of any payment or benefit provided for in this Agreement by seeking other employment or otherwise and no such payment or benefit shall be offset or reduced by the amount of any compensation or benefit provided to the Executive in any subsequent employment, except as provided in Section 9(e) of this Agreement.
Appears in 1 contract
No Mitigation; No Offset. In the event of any termination of his employment hereunder, the Executive shall not be required to mitigate the amount of any payment provided for in pursuant to this Agreement by seeking other employment or otherwise and no such payment shall be offset or reduced by the amount of any payment provided for pursuant to this Agreement shall not be reduced by any compensation provided to earned as a result of subsequent employment of Executive following the Executive in any subsequent employment, except as provided in Section 9(e) termination of this Agreementher employment hereunder.
Appears in 1 contract
No Mitigation; No Offset. In the event of any termination of his employment hereunder, the Executive shall not be required to mitigate the amount of any payment provided for in this Agreement by seeking other employment or otherwise and no such payment shall be offset or reduced by the amount of any compensation provided to the Executive in any subsequent employment, except as provided in Section 9(e11(f) of this Agreement.
Appears in 1 contract
No Mitigation; No Offset. In the event of any termination of his employment hereunder, the Executive shall not be required to mitigate the amount of any payment or benefit provided for in this Agreement by seeking other employment or otherwise and and, except as set forth expressly under the proviso in Subsection 5(f), no such payment or benefit shall be offset or reduced by the amount of any compensation or benefit provided to the Executive in any subsequent employment, except as provided in Section 9(e) of this Agreement.
Appears in 1 contract
No Mitigation; No Offset. In the event of any termination of his employment hereunderunder this Agreement, the Executive shall not be required under no obligation to mitigate seek other employment, and there shall be no offset against amounts due the amount Executive under this Agreement or otherwise on account of any payment provided for in remuneration attributable to any subsequent employment that he may obtain or any claim that the Company or any Affiliate may have against him. Any amounts due under this Agreement by seeking other employment or otherwise and no such payment shall Section 8 are considered to be offset or reduced reasonable by the amount Company and not in the nature of any compensation provided to the Executive in any subsequent employment, except as provided in Section 9(e) of this Agreementa penalty.
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