Common use of No Mitigation of Damages Clause in Contracts

No Mitigation of Damages. (i) The provisions of this Agreement are not intended to, nor shall they be construed to, require that Employee seek or accept other employment following a termination of employment and, except to the extent provided in Section 3(iii)(D) of this Agreement, amounts payable and welfare benefits provided under this Agreement to Employee shall not be reduced by Employee's acceptance of (or failure to seek or accept) employment with another person. The Company's obligations to make the payments and provide the welfare benefits required for in this Agreement and otherwise to perform its obligations hereunder shall not be affected by any set off, counterclaim, recoupment, defense or other claim, rights or action that the Company may have against the Employee or others. (ii) If any contest or dispute shall arise under this Agreement involving termination of Employee's employment with the Company or involving the validity or enforceability of, or liability under, any provision of this Agreement, then (unless it has been determined by a majority of the arbitrators as provided in Section 16 that Employee's employment was properly terminated for Cause within the meaning of and in accordance with Section 2(ii) hereof or that Employee is not otherwise entitled to benefits hereunder), the Company shall reimburse Employee for Employee's share of arbitration costs and all reasonable legal fees and expenses, if any, incurred by Employee in connection with such contest or dispute.