Common use of No Mitigation Required Clause in Contracts

No Mitigation Required. Middlefield hereby acknowledges that it will be difficult and could be impossible (x) for the Executive to find reasonably comparable employment after termination and (y) to measure the amount of damages the Executive suffers as a result of termination. Additionally, Middlefield acknowledges that its general severance pay plans do not provide for mitigation, offset, or reduction of any severance payment received thereunder. Middlefield further acknowledges that the payment of benefits by Middlefield under this Agreement is reasonable and shall be liquidated damages. 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 15 contracts

Samples: Change in Control Agreement (Middlefield Banc Corp), Change in Control Agreement (Middlefield Banc Corp), Change in Control Agreement (Middlefield Banc Corp)

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No Mitigation Required. Middlefield hereby acknowledges that it will be difficult and could be impossible (x) for the Executive to find reasonably comparable employment after termination and (y) to measure the amount of damages the Executive suffers as a result of termination. Additionally, Middlefield acknowledges that its general severance pay plans do not provide for mitigation, offset, or reduction of any severance payment received thereunder. Accordingly, Middlefield further acknowledges that the payment of benefits by Middlefield under this Severance Agreement is reasonable and shall be liquidated damages. The Executive shall not be required to mitigate the amount of any payment provided for in this Severance Agreement by seeking other employment or otherwise, nor shall 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 7 contracts

Samples: Severance Agreement (Middlefield Banc Corp), Severance Agreement (Middlefield Banc Corp), Severance Agreement (Middlefield Banc Corp)

No Mitigation Required. Middlefield hereby acknowledges that it will be difficult and could be impossible (x) for the Executive to find reasonably comparable employment after termination and (y) to measure the amount of damages the Executive suffers as a result of termination. Additionally, Middlefield acknowledges that its general severance pay plans do not provide for mitigation, offset, or reduction of any severance payment received thereunder. Middlefield further acknowledges that the payment of benefits by Middlefield under this Agreement is reasonable and shall be liquidated damages. 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 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: Change in Control Agreement (Middlefield Banc Corp), Change in Control Agreement (Middlefield Banc Corp), Change in Control Agreement (Middlefield Banc Corp)

No Mitigation Required. Middlefield hereby acknowledges that it will be difficult and could be impossible (x1) for the Executive to find reasonably comparable employment after termination his employment terminates, and (y2) to measure the amount of damages the Executive suffers as a result of termination. Additionally, Middlefield acknowledges that its general severance pay plans do not provide for mitigation, offset, offset or reduction of any severance payment received thereunder. Accordingly, Middlefield further acknowledges that the payment of severance and termination benefits by Middlefield under this Agreement is reasonable and shall will be liquidated damages. The , and 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 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 (Middlefield Banc Corp), Severance Agreement (Middlefield Banc Corp), Severance Agreement (Middlefield Banc Corp)

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No Mitigation Required. Middlefield hereby acknowledges that it will be ---------------------- difficult and could be impossible (x1) for the Executive to find reasonably comparable employment after termination his employment terminates, and (y2) to measure the amount of damages the Executive suffers as a result of termination. Additionally, Middlefield acknowledges that its general severance pay plans do not provide for mitigation, offset, offset or reduction of any severance payment received thereunder. Accordingly, Middlefield further acknowledges that the payment of severance and termination benefits by Middlefield under this Agreement is reasonable and shall will be liquidated damages. The , and 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 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: Severance Agreement (Middlefield Banc Corp), Severance Agreement (Middlefield Banc Corp)

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