No Mitigation; No Offset. In the event of any termination of employment under Section 6, the Executive shall be under no obligation to seek other employment and there shall be no offset against amounts due to the Executive on account of any remuneration attributable to any subsequent employment that the Executive may obtain. Any amounts payable to the Executive are in the nature of severance payments, or liquidated damages, or both, and are not in the nature of a penalty.
Appears in 18 contracts
Samples: Executive Employment Agreement (Red Rock Resorts, Inc.), Executive Employment Agreement (Red Rock Resorts, Inc.), Executive Employment Agreement (Red Rock Resorts, Inc.)
No Mitigation; No Offset. In the event of any termination of employment under this Section 6, the Executive shall be under no obligation to seek other employment and there shall be no offset against any amounts due to the Executive under this Agreement on account of any remuneration attributable to any subsequent employment that the Executive may obtain. Any amounts payable to the Executive due under this Section 6 are in the nature of severance payments, or liquidated damages, or both, and are not in the nature of a penalty.
Appears in 13 contracts
Samples: Employment Agreement (Ethan Allen Interiors Inc), Employment Agreement (Ethan Allen Interiors Inc), Employment Agreement (Interline Brands, Inc./De)
No Mitigation; No Offset. In the event of any termination of employment under this Section 6, the Executive shall be under no obligation to seek other employment and there shall be no offset against any amounts due to paid or payable the Executive under this Agreement on account of any remuneration attributable to any subsequent employment that the Executive may obtain. Any amounts payable to the Executive due under this Section 6 are in the nature of severance payments, or liquidated damages, or both, and are not in the nature of a penalty.
Appears in 9 contracts
Samples: Employment Agreement (EconoShare, Inc.), Employment Agreement (EconoShare, Inc.), Execution Copy (Aris Industries Inc)
No Mitigation; No Offset. In the event of any a termination of Executive’s employment under Section 6for any reason, the Executive shall not be under no obligation required to seek other employment or to mitigate any of the Company’s obligations under this Agreement, and there except as otherwise provided in this Agreement, no amount payable under Section 5 shall be no offset reduced by (a) any claim the Company may assert against amounts due to Executive or (b) any compensation or benefits earned by Executive as a result of employment by another employer, self-employment or from any other source after such termination of employment with the Executive on account of any remuneration attributable to any subsequent employment that the Executive may obtain. Any amounts payable to the Executive are in the nature of severance payments, or liquidated damages, or both, and are not in the nature of a penaltyCompany.
Appears in 6 contracts
Samples: Employment Agreement (JELD-WEN Holding, Inc.), Employment Agreement (JELD-WEN Holding, Inc.), Employment Agreement (JELD-WEN Holding, Inc.)
No Mitigation; No Offset. In the event of any termination of employment under this Section 6, the Executive shall be under no obligation to seek other employment and there shall be no offset against amounts due to the Executive under this Agreement on account of any remuneration attributable to any subsequent employment that the Executive he may obtain. Any amounts payable obtain except as specifically provided with regard to the Executive are continuation of benefits in the nature of severance payments, or liquidated damages, or both, and are not in the nature of a penaltySection 6(e)(iv).
Appears in 6 contracts
Samples: Employment Agreement (TreeHouse Foods, Inc.), Employment Agreement (TreeHouse Foods, Inc.), Employment Agreement (TreeHouse Foods, Inc.)
No Mitigation; No Offset. In the event of any termination of employment under this Section 65, the Executive shall be under no obligation to seek other employment and there shall be no offset against amounts due to the Executive under this Agreement on account of any remuneration attributable to received by the Executive from any subsequent employment that the Executive may obtain. Any amounts payable to the Executive are employer, except as provided in the nature of severance payments, Sections 5(c)(ii) or liquidated damages, or both, and are not in the nature of a penalty5(e)(ii).
Appears in 6 contracts
Samples: Restricted Stock Agreement (Datascension Inc), Restricted Stock Agreement (Datascension Inc), Executive Employment Agreement (Datascension Inc)
No Mitigation; No Offset. In the event of any termination of employment under this Section 65, the Executive shall be under no obligation to seek other employment and there shall be no offset against amounts due to the Executive under this Agreement on account of any remuneration attributable to any subsequent employment that the Executive may obtain. Any amounts payable to the Executive due under this Section 5 are in the nature of severance payments, or liquidated damages, or both, and are not in the nature of a penalty.
Appears in 5 contracts
Samples: Employment Agreement (Medicor LTD), Employment Agreement (Medicor LTD), Employment Agreement (Medicor LTD)
No Mitigation; No Offset. In the event of any termination of the Executive's employment under this Section 64, the Executive shall be under no obligation to seek other employment and there shall be no offset against any amounts due to the Executive under this Agreement on account of any remuneration attributable to any subsequent employment that the Executive may obtainobtain from any subsequent employment. Any amounts payable to the Executive due under this Section 4 are in the nature of severance payments, or liquidated damages, or both, and are not in the nature of a penalty.
Appears in 5 contracts
Samples: Employment Agreement (Spanish Broadcasting System Inc), Employment Agreement (Spanish Broadcasting System Inc), Employment Agreement (Spanish Broadcasting System of Puerto Rico Inc /Pr/)
No Mitigation; No Offset. In the event of any termination of employment under this Section 65, the Executive shall be under no obligation to seek other employment and there shall be no offset against amounts due to the Executive under this Agreement on account of any remuneration attributable to any subsequent employment that the Executive he may obtain. Any amounts payable to the Executive are in the nature of severance payments, or liquidated damages, or both, and are not in the nature of a penalty.
Appears in 5 contracts
Samples: Employment Agreement (New Ulm Telecom Inc), Employment Agreement (New Ulm Telecom Inc), Executive Employment Agreement (New Ulm Telecom Inc)
No Mitigation; No Offset. In the event of any termination of employment under Section 6this SECTION 7, the Executive shall be under no obligation to seek other employment and there shall be no offset against amounts due to the Executive under this Agreement on account of any remuneration attributable to any subsequent employment that the Executive may obtain. Any amounts payable to the Executive due under this SECTION 7 are in the nature of severance payments, or liquidated damages, or both, and are not in the nature of a penalty.
Appears in 4 contracts
Samples: Employment Agreement (Station Casinos Inc), Employment Agreement (Station Casinos Inc), Employment Agreement (Station Casinos Inc)
No Mitigation; No Offset. In the event of any termination of employment under this Section 6, the Executive shall be under no obligation to seek other employment or to mitigate damages and there shall be no offset against any amounts due to the Executive under this Agreement for any reason, including, without limitation, on account of any remuneration attributable to any subsequent employment that the Executive may obtain. Any amounts payable to the Executive due under this Section 6 are in the nature of severance payments, or liquidated damages, or both, and are not in the nature of a penalty.
Appears in 4 contracts
Samples: Employment Agreement (Long Island Bancorp Inc), Employment Agreement (Long Island Bancorp Inc), Employment Agreement (Long Island Bancorp Inc)
No Mitigation; No Offset. In the event of any termination of employment under Section 6employment, the Executive shall be under no obligation to seek other employment and there shall be no offset against any amounts due to the Executive under this Agreement on account of any remuneration attributable to any subsequent employment that the Executive may obtain. Any amounts payable to the Executive due under this Section 6 are in the nature of severance payments, or liquidated damages, or both, and are not in the nature of a penalty.
Appears in 4 contracts
Samples: Employment Agreement (Urban One, Inc.), Employment Agreement (Radio One Inc), Employment Agreement (Radio One Inc)
No Mitigation; No Offset. In the event of any termination of employment under Section 6Sections 6 or 7, the Executive shall be under no obligation to seek other employment and there shall be no offset against amounts due to the Executive on account of any remuneration attributable to any subsequent employment that the Executive may obtain. Any amounts payable to the Executive are in the nature of severance payments, or liquidated damages, or both, and are not in the nature of a penalty.
Appears in 3 contracts
Samples: Executive Employment Agreement (Station Casinos Inc), Executive Employment Agreement (Station Casinos Inc), Executive Employment Agreement (Station Casinos Inc)
No Mitigation; No Offset. In the event of any termination of employment or Change in Control Payment due under this Section 6, the Executive shall be under no obligation to seek other employment and there shall be no offset against any amounts due to the Executive under this Agreement on account of any remuneration attributable to any subsequent employment that the Executive may obtain. Any amounts payable to the Executive due under this Section 6 are in the nature of severance payments, or liquidated damages, or both, and in no event are not either such severance payments or liquidated damages in the nature of a penalty.
Appears in 2 contracts
Samples: Employment Agreement (Ascent Assurance Inc), Employment Agreement (Ascent Assurance Inc)
No Mitigation; No Offset. In the event of any termination of employment under this Section 6, the Executive shall be under no obligation to seek other employment or to mitigate damages and there shall be no offset against any amounts due to the Executive under this Agreement for any reason, including, without limitation, on account of any remuneration attributable to any subsequent employment that the Executive may obtain. Any amounts payable to the Executive due under this Section 6 are in the nature of severance payments, or liquidated damages, or both, and are not in the nature of a penalty.
Appears in 2 contracts
Samples: Employment Agreement (Sis Bancorp Inc), Employment Agreement (Sis Bancorp Inc)
No Mitigation; No Offset. In the event of any termination of employment under Section 6employment, the Executive shall be under no obligation to seek other employment and there shall be no offset against any amounts due to the Executive under this Agreement on account of any remuneration attributable to any subsequent employment that the Executive may obtain. Any amounts payable to the Executive due under this Section 6 are in the nature of severance payments, or liquidated damages, or both, and in no event are not either such severance payments or liquidated damages in the nature of a penalty.
Appears in 2 contracts
Samples: Cynthia Koenig (Ascent Assurance Inc), Konrad Kober (Ascent Assurance Inc)
No Mitigation; No Offset. In the event of any termination of employment under this Section 6, the Executive shall be under no obligation to seek other employment and there shall be no offset against any amounts due to the Executive under this Agreement on account of any remuneration attributable to any subsequent employment that the Executive may obtain. Any amounts payable to the Executive due under this Section 6 are in the nature of severance payments, or liquidated damages, or both, and are not in the nature of a penalty.
Appears in 2 contracts
Samples: Employment Agreement (Capstar Broadcasting Partners Inc), Employment Agreement (Commodore Media Inc)
No Mitigation; No Offset. In the event of any termination of employment under this Section 6, the Executive shall be under no obligation to seek other employment and there shall be no offset against amounts due to the Executive under this Agreement on account of any remuneration attributable to any subsequent employment that the Executive he may obtain. Any amounts payable obtain except as specifically provided with regard to the Executive are continuation of benefits in the nature of severance payments, or liquidated damages, or both, and are not in the nature of a penaltySection 6(e)(vi).
Appears in 2 contracts
Samples: Employment Agreement (TreeHouse Foods, Inc.), Employment Agreement (TreeHouse Foods, Inc.)
No Mitigation; No Offset. In the event of any termination of employment under this Section 6, the Executive shall be under no obligation to seek other employment and there shall be no offset against any amounts due to the Executive under this Agreement on account of any remuneration attributable to any subsequent employment that the Executive may obtain. Any amounts payable to due under this Section 6, with the Executive exception of the Deferred Payment, are in the nature of severance payments, or liquidated damages, or both, and in no event are not either such severance payments, liquidated damages or the Deferred Payment in the nature of a penalty.
Appears in 2 contracts
Samples: Mitchell Employment Agreement (Ascent Assurance Inc), Neill Employment Agreement (Ascent Assurance Inc)
No Mitigation; No Offset. In the event of any termination of employment under this Section 65, 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 on account of any remuneration attributable to any subsequent employment that the Executive he may obtain. Any amounts payable to the Executive are in the nature of severance payments, or liquidated damages, or both, and are not in the nature of a penalty.
Appears in 2 contracts
Samples: Employment Agreement (Reliant Energy Resources Corp), Employment Agreement (Reliant Energy Resources Corp)
No Mitigation; No Offset. In the event of any termination of the Executive's employment under this Section 65, the Executive shall be under no obligation to seek other employment and there shall be no offset against any amounts due to the Executive under this Agreement on account of any remuneration attributable to any subsequent employment that the Executive may obtainobtain from any subsequent employment. Any amounts payable to the Executive due under this Section 5 are in the nature of severance payments, or liquidated damages, or both, and are not in the nature of a penalty.
Appears in 2 contracts
Samples: Employment Agreement (Lennar Corp /New/), Employment Agreement (Lennar Corp /New/)
No Mitigation; No Offset. In the event of any termination of employment under this Section 65, 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 on account of any remuneration attributable to any subsequent employment that the Executive he may obtain. Any amounts payable to the Executive are in the nature of severance payments, or liquidated damages, or both, and are not in the nature of a penalty.
Appears in 1 contract
Samples: Employment Agreement (Reliant Energy Resources Corp)
No Mitigation; No Offset. In the event of any termination of employment under this Section 65, the Executive shall be under no obligation to seek other employment and there shall be no offset against amounts due to the Executive under this Agreement on account of any remuneration attributable to any subsequent employment that she may obtain except as specifically provided in Section 5(d)(vii)(B) hereof or on account of any claims NFP may have against the Executive may obtain. Any amounts payable except as specifically provided by this Agreement, provided, however that the foregoing limitation as to offset shall not apply in the case of a breach by the Executive are in of the nature provisions of severance payments, or liquidated damages, or both, and are not in the nature of a penaltySection 6 hereof.
Appears in 1 contract
Samples: Employment Agreement (National Financial Partners Corp)
No Mitigation; No Offset. In the event of any termination of employment under this Section 6, the Executive shall be under no obligation to seek other employment and and, except to the extent provided in Section 14(c) hereof, there shall be no offset against amounts due to the Executive under this Agreement on account of any remuneration attributable to any subsequent employment that the Executive he may obtain. Any amounts payable to the Executive are in the nature of severance payments, or liquidated damages, or both, and are not in the nature of a penalty.
Appears in 1 contract
Samples: Employment Agreement (Nabisco Inc)
No Mitigation; No Offset. In the event of any a termination of Executive’s employment under Section 6for any reason, the Executive shall not be under no obligation required to seek other employment or to mitigate any of the Company’s obligations under this Agreement, and there except as otherwise provided in this Agreement, no amount payable under Section 5 shall be no offset reduced by (a) any claim the Company may assert against amounts due to Executive or (b) any compensation or benefits earned by Executive as a result of employment by another employer, self-employment or from any other source after such termination of employment with the Executive on account of any remuneration attributable to any subsequent employment that the Executive may obtainCompany. Any amounts payable to the Executive are in the nature of severance payments, or liquidated damages, or both, and are not in the nature of a penalty.11
Appears in 1 contract
Samples: Employment Agreement This Agreement (JELD-WEN Holding, Inc.)
No Mitigation; No Offset. In the event of any termination of employment under this Section 6, the Executive shall be under no obligation to seek other employment and there shall be no offset against any amounts due to the Executive under this Agreement on account of any remuneration attributable to any subsequent employment that the Executive may obtain. Any amounts payable to the Executive due under this Section 6 are in the nature of severance paymentspayment, or liquidated damages, or both, and are not in the nature of a penalty.
Appears in 1 contract
Samples: Employment Agreement (Tokheim Corp)
No Mitigation; No Offset. In the event of any termination of employment under this Section 6, the Executive shall be under no obligation to seek other employment and there shall be no offset against any amounts due to paid or payable the Executive under this Agreement EXECUTION COPY on account of any remuneration attributable to any subsequent employment that the Executive may obtain. Any amounts payable to the Executive due under this Section 6 are in the nature of severance payments, or liquidated damages, or both, and are not in the nature of a penalty.
Appears in 1 contract
No Mitigation; No Offset. In the event of any termination of employment under Section 6SECTIONS 6 OR 7, the Executive shall be under no obligation to seek other employment and there shall be no offset against amounts due to the Executive on account of any remuneration attributable to any subsequent employment that the Executive may obtain. Any amounts payable to the Executive are in the nature of severance payments, or liquidated damages, or both, and are not in the nature of a penalty.
Appears in 1 contract
Samples: Executive Employment Agreement (Station Casinos Inc)
No Mitigation; No Offset. In the event of any termination of employment ------------------------ under Section 65, the Executive shall be under no obligation to seek other employment and there shall be no offset against any amounts due to the Executive under this Agreement on account of any remuneration attributable to any subsequent employment that the Executive may obtain. Any amounts payable to the Executive due under Section 5 are in the nature of severance payments, or liquidated damages, or both, and are not in the nature of a penalty.
Appears in 1 contract
Samples: Employment Agreement (Metatools Inc)
No Mitigation; No Offset. In the event of any termination of employment under this Section 65, the Executive shall be under no obligation to seek other employment and there shall be no offset against any amounts due to the Executive under this Agreement on account of any remuneration attributable to any subsequent employment that the Executive may obtain. Any amounts payable to the Executive due under this Section 5 are in the nature of severance payments, or liquidated damages, or both, and are not in the nature of a penalty.
Appears in 1 contract
No Mitigation; No Offset. In the event of any termination of ------------------------ employment under Section 65, the Executive shall be under no obligation to seek other employment and there shall be no offset against any amounts due to the Executive under this Agreement on account of any remuneration attributable to any subsequent employment that the Executive may obtain. Any amounts payable to the Executive due under Section 5 are in the nature of severance payments, or liquidated damages, or both, and are not in the nature of a penalty.
Appears in 1 contract
Samples: Employment Agreement (Metatools Inc)
No Mitigation; No Offset. In the event of any termination of the Executive's employment under Section 6Sections 6 or 7, the Executive shall be under no obligation to seek other employment and there shall be no offset against amounts due to the Executive on account of any remuneration attributable to any subsequent employment that the Executive may obtain. Any amounts payable to the Executive under Sections 6 or 7 are in the nature of severance payments, or liquidated damages, or both, and are not in the nature of a penalty.
Appears in 1 contract
No Mitigation; No Offset. In the event of any termination of the Executive’s employment under Section 6hereunder, the Executive shall be under no obligation to seek other employment or otherwise mitigate the obligations of the Company or its Affiliates under this Agreement, and there shall be no offset against amounts or benefits due to the Executive under this Agreement or otherwise (except as expressly set forth in Section 5.3(b)(iii) above) on account of any remuneration attributable to any subsequent employment that or other benefit earned or received by the Executive may obtainafter such termination. Any amounts payable due under this Section 5 are considered to be reasonable by the Executive are in the nature of severance payments, or liquidated damages, or both, Company and are not in the nature of a penalty.
Appears in 1 contract
No Mitigation; No Offset. In the event of any termination of employment under Section 6------------------------ employment, the Executive shall be under no obligation to seek other employment and there shall be no offset against any amounts due to the Executive under this Agreement on account of any remuneration attributable to any subsequent employment that the Executive may obtain. Any amounts payable to the Executive due under this Section 6 are in the nature of severance payments, or liquidated damages, or both, and are not in the nature of a penalty.
Appears in 1 contract
Samples: Employment Agreement (Radio One Inc)
No Mitigation; No Offset. In the event of any termination of employment under this Section 65, the Executive shall be under no obligation to seek other employment and there shall be no offset against amounts due to the Executive under this Agreement on account of any remuneration attributable to received by the Executive from any subsequent employment that the Executive may obtain. Any amounts payable to the Executive are employer, except as provided in the nature of severance payments, or liquidated damages, or both, and are not in the nature of a penaltySection 5(c)(ii).
Appears in 1 contract
No Mitigation; No Offset. In the event of any termination of the Executive’s employment under Section 6Sections 6 or 7, the Executive shall be under no obligation to seek other employment and there shall be no offset against amounts due to the Executive on account of any remuneration attributable to any subsequent employment that the Executive may obtain. Any amounts payable to the Executive under Sections 6 or 7 are in the nature of severance payments, or liquidated damages, or both, and are not in the nature of a penalty.
Appears in 1 contract
Samples: Executive Employment Agreement (Station Casinos Inc)
No Mitigation; No Offset. In the event of any a termination of Executive’s employment under Section 6for any reason, the Executive shall not be under no obligation required to seek other employment or to mitigate any of the Company’s obligations under this Agreement, and there except as otherwise provided in this Agreement, no amount payable under Section 6 shall be no offset reduced by (a) any claim the Company may assert against amounts due to the Executive on account or (b) any compensation or benefits earned by Executive as a result of employment by another employer, self-employment or from any remuneration attributable to any subsequent other source after such termination of employment that with the Executive may obtain. Any amounts payable to the Executive are in the nature of severance payments, or liquidated damages, or both, and are not in the nature of a penaltyCompany.
Appears in 1 contract