No Mitigation Obligation. The parties hereto expressly agree that the payment of the benefits by the Company to the Executive in accordance with the terms of this Agreement will be liquidated damages, and that the Executive shall not be required to mitigate the amount of any payment provided for in this Agreement by seeking other employment or otherwise, nor shall 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 18 contracts
Samples: Employment Contract (Beverly Enterprises Inc), Employment Contract (Beverly Enterprises Inc), Change in Control Severance Agreement (Beverly Enterprises Inc /De/)
No Mitigation Obligation. The parties hereto expressly agree that the payment of the benefits by the Company to the Executive in accordance with the terms of this Agreement will be liquidated damages, and that the Executive shall not be required to mitigate the amount of any payment provided for in this Agreement by seeking other employment or otherwise, nor shall 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 otherwiseotherwise except as expressly provided in Sections 2(b)(ii) and 4(a).
Appears in 17 contracts
Samples: Change of Control Agreement (Magnetek Inc), Change of Control Agreement (Magnetek Inc), Change of Control Agreement (Magnetek Inc)
No Mitigation Obligation. The parties hereto expressly agree that the payment of the benefits by the Company to the Executive in accordance with the terms of this Agreement will be liquidated damages, and that the Executive shall not be required to mitigate the amount of any payment provided for in this Agreement by seeking other employment or otherwise, nor not shall 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 8 contracts
Samples: Change in Control Severance Agreement (World Color Press Inc /De/), Change in Control Severance Agreement (World Color Press Inc /De/), Change in Control Severance Agreement (World Color Press Inc /De/)
No Mitigation Obligation. The parties hereto expressly agree that the payment of the benefits by the Company to the Executive in accordance with the terms of this Agreement will be liquidated damages, and, except with respect to reduction of employee welfare and fringe benefits but only to the extent specifically provided for in Paragraph 4(a), that the Executive shall not be required to mitigate the amount of any payment provided for in this Agreement by seeking other employment or otherwise, nor shall 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 4 contracts
Samples: Execution Copy Retention and Severance Agreement (Quebecor World Usa Inc), Retention and Severance Agreement (Quebecor World Usa Inc), Retention and Severance Agreement (Quebecor World Usa Inc)
No Mitigation Obligation. The parties hereto expressly agree that the payment of the benefits severance compensation by the Company to the Executive in accordance with the terms of this Agreement will be liquidated damages, and that the Executive shall not be required to mitigate the amount of any payment provided for in this Agreement by seeking other employment or otherwise, nor shall 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.
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No Mitigation Obligation. The Except as provided in Section 4(b) hereof, the parties hereto expressly agree that the payment of the benefits by the Company to the Executive in accordance with the terms of this Agreement will be liquidated damages, and that the Executive shall not be required to mitigate the amount of any payment provided for in this Agreement by seeking other employment or otherwise, nor shall any profitsProfits, incomeIncome, earnings 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: Termination Benefits Agreement (Travelocity Com Inc)
No Mitigation Obligation. The Except for the provision of paragraph 4(c) hereof, the parties hereto expressly agree that the payment of the benefits by the Company to the Executive in accordance with the terms of this Agreement will be liquidated damages, and that the Executive shall not be required to mitigate the amount of any payment provided for in this Agreement by seeking other employment or otherwise, nor shall 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.
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No Mitigation Obligation. The parties hereto expressly agree ------------------------ that the payment of the benefits by the Company to the Executive in accordance with the terms of this Agreement will be liquidated damages, and that the Executive shall not be required to mitigate the amount of any payment provided for in this his Agreement by seeking other employment or otherwise, nor shall 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
No Mitigation Obligation. The parties hereto expressly agree that the ------------------------- payment of the benefits Termination Payments by the Company Corporation to the Executive in accordance with the terms of this Agreement will be liquidated damages, and that the Executive shall not be required to mitigate the amount of any payment provided for in this Agreement by seeking other employment or otherwise, nor shall 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 otherwiseExecutive.
Appears in 1 contract
No Mitigation Obligation. The parties hereto expressly agree that the payment of the benefits by the Company to the Executive in accordance with the terms of this Agreement will be liquidated damages, and, except with respect to reduction of employee welfare and fringe benefits, but only to the extent specifically provided for in Paragraph 2(a)(v), that the Executive shall not be required to mitigate the amount of any payment provided for in this Agreement by seeking other employment or otherwise, nor shall 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: Execution Copy Settlement Agreement (Quebecor World Usa Inc)