Common use of No Mitigation Obligation Clause in Contracts

No Mitigation Obligation. The Company hereby acknowledges that it will be difficult, and may be impossible, for the Executive to find reasonably comparable employment following the Date of Termination. The payment of the severance compensation by the Company to the Executive in accordance with the terms of this Agreement will be liquidated damages, and the Executive will not be required to mitigate the amount of any payment provided for in this Agreement by seeking other employment or otherwise, nor will any profits, income, earnings, or other benefits from any source whatsoever create any mitigation, offset, reduction, or any other obligation on the part of the Executive hereunder or otherwise.

Appears in 19 contracts

Samples: Control Executive Severance Agreement (Advo Inc), Change in Control Executive Severance Agreement (Advo Inc), Control Executive Severance Agreement (Advo Inc)

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No Mitigation Obligation. The Company hereby acknowledges that it will be difficult, difficult and may be impossible, impossible for the Executive to find reasonably comparable employment following the Date of TerminationTermination Date. The Accordingly, the payment of the severance compensation by the Company to the Executive in accordance with the terms of this Agreement will is hereby acknowledged by the Company to be liquidated damagesreasonable, and the Executive will not be required to mitigate the amount of any payment provided for in this Agreement by seeking other employment or otherwise, nor will any profits, income, earnings, earnings or other benefits from any source whatsoever create any mitigation, offset, reduction, reduction or any other obligation on the part of the Executive hereunder or otherwise.

Appears in 16 contracts

Samples: Change in Control Severance Agreement (Polypore International, Inc.), Severance Agreement (Novell Inc), Severance Agreement (Novell Inc)

No Mitigation Obligation. The Company hereby acknowledges that it ------------------------ will be difficult, and may be impossible, for the Executive to find reasonably comparable employment following the Date of Termination. The payment of the severance compensation by the Company to the Executive in accordance with the terms of this Agreement will be liquidated damages, and the Executive will not be required to mitigate the amount of any payment provided for in this Agreement by seeking other employment or otherwise, nor will any profits, income, earnings, or other benefits from any source whatsoever create any mitigation, offset, reduction, or any other obligation on the part of the Executive hereunder or otherwise.

Appears in 9 contracts

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

No Mitigation Obligation. The Company hereby acknowledges that it will ------------------------ be difficult, and may be impossible, for the Executive to find reasonably comparable employment following the Date of Termination. The payment of the severance compensation by the Company to the Executive in accordance with the terms of this Agreement will be liquidated damages, and the Executive will not be required to mitigate the amount of any payment provided for in this Agreement by seeking other employment or otherwise, nor will any profits, income, earnings, or other benefits from any source whatsoever create any mitigation, offset, reduction, or any other obligation on the part of the Executive hereunder or otherwise.

Appears in 6 contracts

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

No Mitigation Obligation. The Company hereby acknowledges that it will be difficult, difficult and may be impossible, impossible for the Executive to find reasonably comparable employment following Termination Date. Accordingly, the Date of Termination. The payment of the severance compensation by the Company to the Executive in accordance with the terms of this Agreement will is hereby acknowledged by Company to be liquidated damagesreasonable, and the Executive will not be required to mitigate the amount of any payment provided for in this Agreement by seeking other employment or otherwise, nor will any profits, income, earnings, earnings or other benefits from any source whatsoever create any mitigation, offset, reduction, reduction or any other obligation on the part of the Executive hereunder or otherwise.

Appears in 5 contracts

Samples: Severance Agreement (Sherwin Williams Co), Severance Agreement (Sherwin Williams Co), Severance Agreement (Sherwin Williams Co)

No Mitigation Obligation. The Company hereby acknowledges that ------------------------ it will be difficult, and may be impossible, for the Executive to find reasonably comparable employment following the Date of Termination. The payment of the severance compensation by the Company to the Executive in accordance with the terms of this Agreement will be liquidated damages, and the Executive will not be required to mitigate the amount of any payment provided for in this Agreement by seeking other employment or otherwise, nor will any profits, income, earnings, or other benefits from any source whatsoever create any mitigation, offset, reduction, or any other obligation on the part of the Executive hereunder or otherwise.

Appears in 5 contracts

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

No Mitigation Obligation. The Company hereby acknowledges that it will be difficult, and may be impossible, for the Executive to find reasonably comparable employment following termination of employment. Accordingly, the Date of Termination. The payment of the severance compensation by payments and benefits that the Company will pay or provide to the Executive in accordance with the terms of pursuant to this Agreement will be liquidated damages, and the Executive will not be required to mitigate the amount of any such payment provided for in this Agreement or benefit by seeking other employment or otherwise, nor will any profits, income, earnings, or other benefits from any source whatsoever create any mitigation, offset, reduction, or any other obligation on the part of the Executive hereunder or otherwisepayments and benefits provided pursuant to this Agreement.

Appears in 5 contracts

Samples: Executive Retention Agreement (New England Community Bancorp Inc), Executive Retention Agreement (Loctite Corp), Executive Retention Agreement (New England Community Bancorp Inc)

No Mitigation Obligation. The Company hereby acknowledges that it will be difficult, and may be impossible, for the Executive to find reasonably comparable employment following the Date of TerminationTermination Date. The Accordingly, the parties hereto expressly agree that the payment of the severance compensation benefit by the Company to the Executive in accordance with the terms of this Agreement will be liquidated damages, and that the Executive will shall not be required to mitigate the amount of any payment provided for in this Agreement by seeking other employment or otherwise, nor will shall any profits, income, earnings, earnings or other benefits from any source whatsoever create any mitigation, offset, reduction, reduction or any other obligation on the part of the Executive hereunder or otherwise.

Appears in 3 contracts

Samples: Severance Pay Agreement (Tandy Brands Accessories Inc), Severance Pay Agreement (Tandy Brands Accessories Inc), Severance Pay Agreement (Tandy Brands Accessories Inc)

No Mitigation Obligation. The Company hereby acknowledges that it will be difficult, difficult and may be impossible, impossible for the Executive to find reasonably comparable employment following the Date of Terminationtermination date. The Accordingly, the payment of the severance compensation by the Company to the Executive in accordance with the terms of this Agreement will is hereby acknowledged by the Company to be liquidated damagesreasonable, and the Executive will not be required to mitigate the amount of any payment provided for in this Agreement by seeking other employment or otherwise, nor will any profits, income, earnings, earnings or other benefits from any source whatsoever create any mitigation, offset, reduction, reduction or any other obligation on the part of the Executive hereunder or otherwise.

Appears in 2 contracts

Samples: Form of Change in Control Agreement (Aurora Oil & Gas CORP), Form of Change in Control Agreement (Aurora Oil & Gas CORP)

No Mitigation Obligation. The Company hereby acknowledges that it will be difficult, and may be impossible, for the Executive to find reasonably comparable employment following the Date of TerminationTermination Date. The Accordingly, the parties hereto expressly agree that the payment of the severance compensation by the Company to the Executive in accordance with the terms of this Agreement will be liquidated damages, and that the Executive will not be required to mitigate the amount of any payment provided for in this Agreement by seeking other employment or otherwise, nor nor, except as expressly set forth herein, will any profits, income, earnings, earnings or other benefits from any source whatsoever create any mitigation, offset, reduction, reduction or any other obligation on the part of the Executive hereunder or otherwise.

Appears in 2 contracts

Samples: Change of Control/Severance Agreement (Chaparral Steel CO), Change of Control Agreement (Chaparral Steel CO)

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No Mitigation Obligation. The Company hereby acknowledges that it will be difficult, difficult and may be impossible, impossible for the Executive to find reasonably comparable employment following the Date of TerminationTermination Date. The Accordingly, the payment of the severance compensation by the Company to the Executive in accordance with the terms of this Agreement will is hereby acknowledged by the Company to be liquidated damagesreasonable, and the Executive will not be required to mitigate the amount of any payment provided for in this Agreement by seeking other employment or otherwise, nor will any profits, income, earnings, earnings or other benefits from any source whatsoever create any mitigation, offset, reduction, reduction or any other obligation on the part of the Executive hereunder or otherwise.. EXHIBIT 10.2

Appears in 1 contract

Samples: Severance Agreement (Washington Group International Inc)

No Mitigation Obligation. The Company hereby acknowledges that it will be difficult, difficult and may be impossible, impossible for the Executive to find reasonably comparable employment following the Date of TerminationTermination Date. The Accordingly, the payment of the severance compensation by the Company to the Executive in accordance with the terms of this Agreement will is hereby acknowledged by the Company to be liquidated damagesreasonable, and the Executive will not be required to mitigate the amount of any payment provided for in this Agreement by seeking other employment or otherwise, nor will any profits, income, earnings, earnings or other benefits from any source whatsoever create any mitigation, offset, reduction, reduction or any other obligation on the part of the Executive hereunder or otherwise.

Appears in 1 contract

Samples: Employment Agreement (Interstate Hotels Management Inc)

No Mitigation Obligation. The Company Corporation hereby acknowledges that it will be difficult, and may be impossible, for the Executive to find reasonably comparable employment following the Date of Termination. The payment of the severance compensation by the Company Corporation to the Executive in accordance with the terms of this Agreement will be liquidated damages, and the Executive will not be required to mitigate the amount of any payment provided for in this Agreement by seeking other employment or otherwise, nor will any profits, income, earnings, or other benefits from any source whatsoever create any mitigation, offset, reduction, or any other obligation on the part of the Executive hereunder or otherwise.

Appears in 1 contract

Samples: Employment Agreement (Scan Optics Inc)

No Mitigation Obligation. The Company hereby acknowledges that it will be difficult, difficult and may be impossible, impossible for the Executive to find reasonably comparable employment following the Date of TerminationTermination Date. The Accordingly, the payment of the severance compensation by the Company to the Executive in accordance with the terms of this Agreement will is hereby acknowledged by Company to be liquidated damagesreasonable, and the Executive will not be required to mitigate the amount of any payment provided for in this Agreement by seeking other employment or otherwise, nor will any profits, income, earnings, earnings or other benefits from any source whatsoever create any mitigation, offset, reduction, reduction or any other obligation on the part of the Executive hereunder or otherwise.

Appears in 1 contract

Samples: Severance Agreement (Sherwin Williams Co)

No Mitigation Obligation. The Company hereby acknowledges that it will be ------------------------ difficult, and may be impossible, for the Executive to find reasonably comparable employment following the Date of Termination. The payment of the severance compensation by the Company to the Executive in accordance with the terms of this Agreement will be liquidated damages, and the Executive will not be required to mitigate the amount of any payment provided for in this Agreement by seeking other employment or otherwise, nor will any profits, income, earnings, or other benefits from any source whatsoever create any mitigation, offset, reduction, or any other obligation on the part of the Executive hereunder or otherwise.

Appears in 1 contract

Samples: Executive Severance Agreement (Advo Inc)

No Mitigation Obligation. The Company hereby acknowledges that it will be difficult, difficult and may be impossible, impossible for the Executive to find reasonably comparable employment following the Date of TerminationTermination Date. The Accordingly, the payment of the severance compensation by the Company to the Executive in accordance with the terms of this Agreement will be liquidated damages, and the Executive will not be required to mitigate the amount of any payment provided for in this Agreement by seeking other employment or otherwise, nor will any profits, income, earnings, or other benefits from any source whatsoever create any mitigation, offset, reduction, or any other obligation on the part of the Executive hereunder or otherwise.is hereby

Appears in 1 contract

Samples: Employment Agreement (Cmac Investment Corp)

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