Common use of No Mitigation; No Set-Off Clause in Contracts

No Mitigation; No Set-Off. (a) In the event of any termination of employment under Section 8, Executive shall be under no obligation to seek other employment and there shall be no offset against any amounts due Executive under this Agreement on account of any remuneration attributable to any subsequent employment that Executive may obtain. Any amounts due under Section 8 are in the nature of severance payments and are not in the nature of a penalty. Such amounts are inclusive, and in lieu of any amounts payable under any other salary continuation or cash severance arrangement of the Company and to the extent paid or provided under any other such arrangement shall be offset from the amount due hereunder. (i) Executive agrees that, as a condition to receiving the payments and benefits provided under Section 8(b) or (c) hereunder he will execute, deliver and not revoke (within the time period permitted by applicable law) a release of all claims of any kind whatsoever against the Company, its affiliates, officers, directors, employees, agents and shareholders in the then standard form being used by the Company for senior executives (but without release of the right of indemnification hereunder or under the Company's By-laws or rights under benefit or equity plans that by their terms are intended to survive termination of his employment or claims that the Company fulfill its obligations under this Agreement). (ii) The Company agrees that, as a condition to Executive's agreements under Section 10 hereof, the Company will execute and deliver a release of all claims of any kind whatsoever against Executive (but without release of claims that Executive fulfill his obligations under this Agreement). The Company's release under this paragraph (b)(ii) of this Section 9 shall be executed and delivered simultaneously with the execution and delivery of Executive's release under paragraph (b)(i) of this Section 9. The releases referred to in this paragraph (b) of this Section 9 shall apply to all claims described in this paragraph existing from the beginning of time through the date of each party's execution of his or its release. (c) Upon any termination of employment, Executive hereby resigns as an officer and director of the Company, any subsidiary and any affiliate and as a fiduciary of any benefit plan of any of the foregoing. Executive shall promptly execute any further documentation thereof as requested by the Company and, if Executive is to receive any payments from the Company, execution of such further documentation shall be a condition thereof.

No Mitigation; No Set-Off. (a) In the event of any termination of employment under Section 8, Executive shall be under no obligation to seek other employment and there shall be no offset against any amounts due Executive under this Agreement on account of any remuneration attributable to any subsequent employment that Executive may obtain. Any amounts due due, except for the Accrued Amounts outlined in paragraph 8 (d) (iii), under Section 8 are in the nature of severance payments and are not in the nature of a penalty. Such amounts are inclusive, and in lieu of any any, amounts payable under any other salary continuation or cash severance arrangement of the Company and to the extent paid or provided under any other such arrangement shall be offset from the amount due hereunder. (ib) Executive agrees that, as a condition to receiving the payments and benefits provided under Section 8(b) or (c) hereunder he this Agreement Executive will execute, deliver and not revoke (within the time period permitted by applicable law) a release of all claims of any kind whatsoever against the Company, its affiliates, officers, directors, employees, agents and shareholders in the then standard form being used by the Company for senior executives (but without release of the right of indemnification hereunder or under the Company's ’s By-laws or rights under benefit or equity plans that by their terms are intended to survive termination of his employment or claims that the Company fulfill its obligations under this AgreementExecutive’s employment). (ii) The Company agrees that, as a condition to Executive's agreements under Section 10 hereof, the Company will execute and deliver a release of all claims of any kind whatsoever against Executive (but without release of claims that Executive fulfill his obligations under this Agreement). The Company's release under this paragraph (b)(ii) of this Section 9 shall be executed and delivered simultaneously with the execution and delivery of Executive's release under paragraph (b)(i) of this Section 9. The releases referred to in this paragraph (b) of this Section 9 shall apply to all claims described in this paragraph existing from the beginning of time through the date of each party's execution of his or its release. (c) Upon any termination of employment, Executive hereby resigns as an officer and director of the Company, any subsidiary and any affiliate and as a fiduciary of any benefit plan of any of the foregoing. Executive shall promptly execute any further documentation thereof as requested by the Company and, if the Executive is to receive any payments from the Company, execution of such further documentation shall be a condition thereof.

No Mitigation; No Set-Off. (a) In the event of any termination of employment under Section 8, Executive shall be under no obligation to seek other employment and there shall be no offset against any amounts due Executive under this Agreement on account of any remuneration attributable to any subsequent employment that Executive may obtain. Any amounts due under Section 8 are in the nature of severance payments and are not in the nature of a penalty. Such amounts are inclusive, and in lieu of any amounts payable under any other salary continuation or cash severance arrangement of the Company and to the extent paid or provided under any other such arrangement shall be offset from the amount due hereunder. (i) Executive agrees that, as a condition to receiving the payments and benefits provided under Section 8(b) or (c) hereunder he will execute, deliver and not revoke (within the time period permitted by applicable law) a release of all claims of any kind whatsoever against the Company, its affiliates, officers, directors, employees, agents and shareholders in the then standard form being used by the Company for senior executives (but without release of the right of indemnification hereunder or under the Company's By-laws or rights under benefit or equity plans that by their terms are intended to survive termination of his employment or claims that the Company fulfill its obligations under this Agreement). (ii) The Company agrees that, as a condition to Executive's agreements under Section 10 hereof, the Company will execute and deliver a release of all claims of any kind whatsoever against Executive (but without release of claims that Executive fulfill his obligations under this Agreement). The Company's release under this paragraph (b)(ii) of this Section 9 shall be executed and delivered simultaneously with the execution and delivery of Executive's release under paragraph (b)(i) of this Section 9. The releases referred to in this paragraph (b) of this Section 9 shall apply to all claims described in this paragraph existing from the beginning of time through the date of each party's execution of his or its release. (c) Upon any termination of employment, Executive hereby resigns as an officer and director of the Company, any subsidiary and any affiliate and as a fiduciary of any benefit plan of any of the foregoing. Executive shall promptly execute any further documentation thereof as requested by the Company and, if Executive is to receive any payments from the Company, execution of such further documentation shall be a condition thereof.any