Common use of No Mitigation; No Offset Clause in Contracts

No Mitigation; No Offset. In no event shall the Executive be obligated to seek other employment or take any other action by way of mitigation of the amounts payable to the Executive under any of the provisions of this Agreement, nor shall the amount of any payment hereunder be reduced by any compensation earned by the Executive as a result of employment by a subsequent employer.

Appears in 16 contracts

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

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No Mitigation; No Offset. In no event shall the Executive be obligated to seek other employment or take any other action by way of mitigation of the amounts payable to the Executive under any of the provisions of this Agreement, nor and such amounts shall the amount not be reduced, regardless of any payment hereunder be reduced by any compensation earned by whether the Executive as a result of employment by a subsequent employerobtains other employment.

Appears in 11 contracts

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

No Mitigation; No Offset. In no event shall the Executive be obligated to seek other employment or take any other action by way of mitigation of the amounts payable to the Executive under any of the provisions of this AgreementAgreement and, nor such amounts shall the amount of any payment hereunder not be reduced by any compensation earned by whether or not the Executive as a result of employment by a subsequent employerobtains other employment.

Appears in 6 contracts

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

No Mitigation; No Offset. In no event shall the Executive be obligated obliged to seek other employment or take any other action by way of mitigation of the amounts payable to the Executive under any of the provisions of this Agreement, nor shall the amount of any payment hereunder be reduced by any compensation earned by the Executive as a result of employment by a subsequent another employer, except as provided in Section 4(c) hereof. The amounts payable to the Executive hereunder shall not be subject to set-off, counterclaim, recoupment, defense or other right which the Company may have against the Executive.

Appears in 4 contracts

Samples: Change in Control Agreement (Champion Enterprises Inc), Change in Control Agreement (Champion Enterprises Inc), Change in Control Agreement (Champion Enterprises Inc)

No Mitigation; No Offset. In no event shall the Executive be obligated to seek other employment or take any other action by way of mitigation of the amounts payable to the Executive under any of the provisions of this Agreement, nor shall the amount of any payment hereunder be reduced by any compensation earned by the Executive as a result of employment by a subsequent employer.

Appears in 3 contracts

Samples: Executive Employment Agreement, Executive Employment Agreement (NantKwest, Inc.), Executive Employment Agreement (Conkwest, Inc.)

No Mitigation; No Offset. In no event shall the Executive be obligated to seek other employment or take any other action by way of mitigation of the amounts payable to the Executive under any of the provisions of this AgreementAgreement and such amounts shall not be reduced, nor regardless of whether the Executive obtains other employment. The Company’s obligation to make the payments provided for in this Agreement and otherwise to perform its obligations hereunder shall the amount of any payment hereunder not be reduced affected by any compensation earned by circumstances, including, without limitation, any set-off, counterclaim, recoupment, defense or other right which the Company may have against the Executive as a result of employment by a subsequent employeror others.

Appears in 2 contracts

Samples: Employment Agreement (Lifetime Brands, Inc), Employment Agreement (Lifetime Brands, Inc)

No Mitigation; No Offset. In no event shall the Executive be obligated to seek other employment or take any other action by way of mitigation of the amounts payable to the Executive under any of the provisions of this Agreement, nor shall the amount of any payment hereunder be reduced by any compensation earned by the Executive as a result of employment by a subsequent employer, except as provided in Section 4(f)(iii)(D).

Appears in 2 contracts

Samples: Employment Agreement, Employment Agreement (Red Robin Gourmet Burgers Inc)

No Mitigation; No Offset. In no event shall the Executive be obligated to seek other employment or take any other action by way of mitigation of the amounts payable to the Executive under any of the provisions of this Agreement, nor Agreement and such amounts shall the amount of any payment hereunder not be reduced by any compensation earned by whether or not the Executive as a result of employment by a subsequent employerobtains other employment.

Appears in 2 contracts

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

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No Mitigation; No Offset. In Except as may otherwise be provided in this Agreement, in no event shall the Executive be obligated to seek other employment or take any other action by way of mitigation of the amounts payable to the Executive under any of the provisions of this Agreement, nor . There shall be no offset by the amount Company against the Executive's entitlements under this Agreement for any compensation or other amounts that he earns from subsequent employment or engagement of his services on account of any payment hereunder be reduced by any compensation earned by claim that the Executive as a result of employment by a subsequent employerCompany may have against him.

Appears in 1 contract

Samples: Settlement Agreement (Morgan Stanley)

No Mitigation; No Offset. In no event shall the Executive be obligated to seek other employment or take any other action by way of mitigation of the amounts payable to the Executive under any of the provisions of this Agreement, nor and such amounts shall the amount of any payment hereunder not be reduced by any compensation earned by whether or not the Executive as a result of employment by a subsequent employerobtains other employment.

Appears in 1 contract

Samples: Succession Agreement (Brinks Co)

No Mitigation; No Offset. In no event shall the Executive be obligated to seek other employment or take any other action by way of mitigation of the amounts payable to the Executive under any of the provisions of this Agreement, nor and such amounts shall the amount of any payment hereunder not be reduced whether or not Executive obtains other employment and shall not be offset by any compensation earned amounts alleged to be owed by Executive to the Executive as a result of employment by a subsequent employerCompany.

Appears in 1 contract

Samples: Separation Agreement (FMC Corp)

No Mitigation; No Offset. In no event shall the Executive be obligated to seek other work or employment or take any other action by way of mitigation of the amounts payable to the Executive under any of the provisions of this Agreement, nor shall the amount of any payment hereunder be reduced by any compensation earned by the Executive as a result of services provided or employment by a subsequent employer.

Appears in 1 contract

Samples: Executive Services Agreement (Direct Communication Solutions, Inc.)

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