No Mitigation. The Company agrees that, if the Executive's employment with the Company terminates during the Term, the Executive is not required to seek other employment or to attempt in any way to reduce any amounts payable to the Executive by the Company pursuant to Section 6 hereof or Section 7.4 hereof. Further, the amount of any payment or benefit provided for in this Agreement (other than Section 6.1(B) hereof) shall not be reduced by any compensation earned by the Executive as the result of employment by another employer, by retirement benefits, by offset against any amount claimed to be owed by the Executive to the Company, or otherwise.
Appears in 38 contracts
Samples: Change in Control Agreement (Temple Inland Inc), Severance Agreement (Piedmont Natural Gas Co Inc), Change in Control Agreement (Temple Inland Inc)
No Mitigation. The Company agrees that, if the Executive's ’s employment with by the Company terminates is terminated during the Termterm of this Agreement, the Executive is not required to seek other employment or to attempt in any way to reduce any amounts payable to the Executive by the Company pursuant to Section 6 hereof 5 or Section 7.4 6 hereof. Further, the amount of any payment or benefit provided for in this Agreement (other than Section 6.1(B) hereof) shall not be reduced by any compensation earned by the Executive as the result of employment by another employer, by retirement benefits, by offset against any amount claimed to be owed by the Executive to the Company, or otherwise.
Appears in 37 contracts
Samples: Employment Agreement (Esperion Therapeutics, Inc.), Employment Agreement (Esperion Therapeutics, Inc.), Employment Agreement (Esperion Therapeutics, Inc.)
No Mitigation. The Company agrees that, if the Executive's ’s employment with the Company terminates during the Term, the Executive is not required to seek other employment or to attempt in any way to reduce any amounts payable to the Executive by the Company pursuant to Section 6 hereof or Section 7.4 hereof. Further, the amount of any except as specifically provided in Section 6.1(B) hereof, no payment or benefit provided for in this Agreement (other than Section 6.1(B) hereof) shall not be reduced by any compensation earned by the Executive as the result of employment by another employer, by retirement benefits, by offset against any amount claimed to be owed by the Executive to the Company, or otherwise.
Appears in 28 contracts
Samples: Change in Control Severance Agreement (Sapient Corp), Severance Agreement (Baxter International Inc), Change in Control Severance Agreement (CF Industries Holdings, Inc.)
No Mitigation. The Company agrees that, if the Executive's ’s employment with the Company terminates during the Term, the Executive is not required to seek other employment or to attempt in any way to reduce any amounts payable to the Executive by the Company pursuant to Section 6 hereof or Section 7.4 hereof. Further, the amount of any payment or benefit provided for in this Agreement (other than Section 6.1(B) hereof) shall not be reduced by any compensation earned by the Executive as the result of employment by another employer, by retirement benefits, by offset against any amount claimed to be owed by the Executive to the Company, or otherwise.
Appears in 25 contracts
Samples: Severance Agreement (Piedmont Natural Gas Co Inc), Change in Control Agreement (Visteon Corp), Executive Officer Change in Control Agreement (Visteon Corp)
No Mitigation. The Company agrees thatthat under this Agreement, if the Executive's ’s employment with the Company terminates during the Termterminates, the Executive is not required to seek other employment or to attempt in any way to reduce any amounts payable to the Executive by the Company pursuant to Section 6 hereof 5 of this Agreement or Section 7.4 hereof6.4 of this Agreement. Further, the amount of any payment or benefit provided for in this Agreement (other than as specifically provided in Section 6.1(B5.1(b) hereofof this Agreement) shall not be reduced by any compensation earned by the Executive as the result of employment by another employer, by retirement benefits, by offset against any amount claimed to be owed by the Executive to the Company, or otherwise.
Appears in 22 contracts
Samples: Change in Control Agreement (KAMAN Corp), Change in Control Agreement (KAMAN Corp), Change in Control Agreement (KAMAN Corp)
No Mitigation. The Company agrees that, if the Executive's employment with the Company terminates during the Term, the Executive is not required to seek other employment or to attempt in any way to reduce any amounts payable to the Executive by the Company pursuant to Section 6 hereof or Section 7.4 hereof. Further, the amount of any except as specifically provided in Section 6.1(B) hereof, no payment or benefit provided for in this Agreement (other than Section 6.1(B) hereof) shall not be reduced by any compensation earned by the Executive as the result of employment by another employer, by retirement benefits, by offset against any amount claimed to be owed by the Executive to the Company, or otherwise.
Appears in 21 contracts
Samples: Control Severance Agreement (CF Industries Holdings, Inc.), Control Severance Agreement (CF Industries Holdings, Inc.), Control Severance Agreement (CF Industries Holdings, Inc.)
No Mitigation. The Company agrees that, if the Executive's ’s employment with by the Company terminates is terminated during the Termterm of this Agreement, the Executive is not required to seek other employment or to attempt in any way to reduce any amounts payable to the Executive by the Company pursuant to Section 6 hereof or Section 7.4 4 hereof. Further, the amount of any payment or benefit provided for in this Agreement (other than Section 6.1(B) hereof) shall not be reduced by any compensation earned by the Executive as the result of employment by another employer, by retirement benefits, by offset against any amount claimed to be owed by the Executive to the Company, Company or otherwise.
Appears in 21 contracts
Samples: Change in Control Agreement (Alnylam Pharmaceuticals, Inc.), Change in Control Agreement (Alnylam Pharmaceuticals, Inc.), Amended And (Virtusa Corp)
No Mitigation. The Company agrees that, if the Executive's ’s employment with by the Company terminates is terminated during the Termterm of this Agreement, the Executive is not required to seek other employment or to attempt in any way to reduce any amounts payable to the Executive by the Company pursuant to Section 6 hereof 4 or Section 7.4 5 hereof. Further, the amount of any payment or benefit provided for in this Agreement (other than Section 6.1(B) hereof) shall not be reduced by any compensation earned by the Executive as the result of employment by another employer, by retirement benefits, by offset against any amount claimed to be owed by the Executive to the Company, or otherwise.
Appears in 19 contracts
Samples: Severance and Change in Control Agreement (Sage Therapeutics, Inc.), Severance and Change in Control Agreement (Sage Therapeutics, Inc.), Severance and Change in Control Agreement (Sage Therapeutics, Inc.)
No Mitigation. The Company agrees that, if the Executive's employment with the Company terminates during the Term, the Executive is not required to seek other employment or to attempt in any way to reduce any amounts payable to the Executive by the Company pursuant to Section 6 hereof or Section 7.4 hereof. Further, the amount of any payment or benefit provided for in this Agreement (other than to the extent provided in Section 6.1(B) and 6.1(C) hereof) shall not be reduced by any compensation earned by the Executive as the result of employment by another employer, by retirement benefits, by offset against any amount claimed to be owed by the Executive to the Company, or otherwise.
Appears in 19 contracts
Samples: Severance Agreement (CNF Inc), Severance Agreement (CNF Inc), Severance Agreement (CNF Inc)
No Mitigation. The Company agrees that, if the Executive's ’s employment with by the Company terminates is terminated during the Termterm of this Agreement, the Executive is not required to seek other employment or to attempt in any way to reduce any amounts payable to the Executive by the Company pursuant to Section 6 hereof or Section 7.4 Sections 4(a) and (b) hereof. Further, the amount of any payment or benefit provided for in this Agreement (other than Section 6.1(B) hereof) shall not be reduced by any compensation earned by the Executive as the result of employment by another employer, by retirement benefits, by offset against any amount claimed to be owed by the Executive to the Company, Company or otherwise.
Appears in 16 contracts
Samples: Executive Severance Agreement (Mac-Gray Corp), Executive Severance Agreement (Plug Power Inc), Executive Severance Agreement (Plug Power Inc)
No Mitigation. The Company agrees that, if the Executive's ’s employment with the Company terminates during the Term, the Executive is not required to seek other employment or to attempt in any way to reduce any amounts payable to the Executive by the Company pursuant to Section 6 hereof or Section 7.4 hereof. Further, the amount of any except as specifically provided in Section 6.1(B) hereof, no payment or benefit provided for in this Agreement (other than Section 6.1(B) hereof) shall not be reduced by any compensation earned by the Executive as the result of employment by another employer, by retirement benefits, by offset against any amount claimed to be owed by the Executive to the Company, or otherwise.
Appears in 15 contracts
Samples: Severance Agreement (Baxalta Inc), Amendment to Severance Agreement (Lorillard, Inc.), Severance Agreement (Lorillard, Inc.)
No Mitigation. The Company agrees that, if the Executive's ’s employment with the Company terminates during the Termterm of this Agreement, the Executive is not required to seek other employment or to attempt in any way to reduce any amounts payable to the Executive by the Company pursuant to Section 6 hereof or Section 7.4 hereof. Further, the amount of any payment or benefit provided for in this Agreement (other than Section 6.1(B6.1(C) hereof) shall not be reduced by any compensation earned by the Executive as the result of employment by another employer, by retirement benefits, by offset against any amount claimed to be owed by the Executive to the Company, or otherwise.
Appears in 14 contracts
Samples: Agreement (Inspire Pharmaceuticals Inc), Agreement (Inspire Pharmaceuticals Inc), Agreement (Inspire Pharmaceuticals Inc)
No Mitigation. The Company agrees that, if the Executive's employment with by the Company terminates is terminated during the Termterm of this Agreement, the Executive is not required to seek other employment or to attempt in any way to reduce any amounts payable to the Executive by the Company pursuant to Section 6 hereof or Section 7.4 Sections 4(a) and (b) hereof. Further, the amount of any payment or benefit provided for in this Agreement (other than Section 6.1(B) hereof) shall not be reduced by any compensation earned by the Executive as the result of employment by another employer, but shall be subject to reduction by retirement benefits, by offset against any amount claimed to be owed by certain amounts received under the Executive to the Company, or otherwiseEmployment Agreement as provided in Section 4(a) hereof.
Appears in 12 contracts
Samples: Executive Severance Agreement (Summit Properties Inc), Executive Severance Agreement (Summit Properties Inc), Executive Severance Agreement (Summit Properties Inc)
No Mitigation. The Company agrees that, if the Executive's employment with the Company terminates during the Term, the Executive is not required to seek other employment or to attempt in any way to reduce any amounts payable to the Executive by the Company pursuant to Section 6 hereof or Section 7.4 hereof. Further, the amount of any payment or benefit provided for in this Agreement (other than as expressly provided in Section 6.1(A), 6.1(B) or 7.4 hereof) shall not be reduced by any compensation earned by the Executive as the result of employment by another employer, by retirement benefits, by offset against any amount claimed to be owed by the Executive to the Company, or otherwise.
Appears in 12 contracts
Samples: Severance Agreement (Chiquita Brands International Inc), Severance Agreement (Chiquita Brands International Inc), Severance Agreement (Chiquita Brands International Inc)
No Mitigation. The Company agrees that, if the Executive's employment with the Company terminates during the Term, the Executive is not required to seek other employment or to attempt in any way to reduce any amounts payable to the Executive by the Company pursuant to Section 6 hereof or Section 7.4 hereofany other provision of this Agreement. Further, the amount of any payment or benefit provided for in this Agreement (other than Section 6.1(B) hereof) shall not be reduced (a) by any compensation earned by the Executive as the result of employment by another employer, (b) by retirement benefits, (c) by offset against any amount claimed to be owed by the Executive to the Company, or (d) otherwise.
Appears in 12 contracts
Samples: Change in Control Agreement (Angiodynamics Inc), Change in Control Agreement (Angiodynamics Inc), Change in Control Agreement (Angiodynamics Inc)
No Mitigation. The Company agrees that, if the Executive's ------------- employment with the Company terminates during the Term, the Executive is not required to seek other employment or to attempt in any way to reduce any amounts payable to the Executive by the Company pursuant to Section 6 hereof or Section 7.4 hereof. Further, the amount of any payment or benefit provided for in this Agreement (other than Section 6.1(B) hereof) shall not be reduced by any compensation earned by the Executive as the result of employment by another employer, by retirement benefits, by offset against any amount claimed to be owed by the Executive to the Company, or otherwise.
Appears in 12 contracts
Samples: Severance Agreement (York International Corp /De/), Severance Agreement (Einstein Noah Bagel Corp), Severance Agreement (Einstein Noah Bagel Corp)
No Mitigation. The Company agrees that, if the Executive's employment with the Company terminates is terminated during the Term, the Executive is not required to seek other employment or to attempt in any way to reduce any amounts payable to the Executive by the Company pursuant to Section 6 hereof or Section 7.4 hereof7.4. Further, the amount of any payment or benefit provided for in this Agreement Section 6 (other than pursuant to Section 6.1(B6.1.(b)) hereof) or Section 7.4 shall not be reduced by any compensation earned by the Executive as the result of employment by another employer, by retirement benefits, by or offset against any amount claimed to be owed by the Executive to the CompanyCompany or any of its subsidiaries, or otherwise.
Appears in 12 contracts
Samples: Agreement (Interstate Power Co), Agreement (Interstate Power Co), Agreement (Interstate Power Co)
No Mitigation. The Company agrees that, if the Executive's employment with the Company terminates during the Term, the Executive is not required to seek other employment or to attempt in any way to reduce any amounts payable to the Executive by the Company pursuant to Section Sections 5, 6 hereof or Section 7.4 hereof. Further, the amount of any payment or benefit provided for in this Agreement (other than Section 6.1(B) hereof but including (but not limited to) Section 7.4 hereof) shall not be reduced by any compensation earned by the Executive as the result of employment by another employer, by retirement benefits, by offset against any amount claimed to be owed by the Executive to the Company, or otherwise.
Appears in 11 contracts
Samples: Severance Agreement (Baker Hughes Inc), Severance Agreement (Baker Hughes Inc), Severance Agreement (Baker Hughes Inc)
No Mitigation. The Company agrees that, if the Executive's ’s employment with the Company terminates during the Term, the Executive is not required to seek other employment or to attempt in any way to reduce any amounts payable to the Executive by the Company pursuant to Section 6 hereof or Section 7.4 hereof. Further, the amount of any no payment or benefit provided for in this Agreement (other than Section 6.1(B) hereof) shall not be reduced by any compensation earned by the Executive as the result of employment by another employer, by retirement benefits, by offset against any amount claimed to be owed by the Executive to the Company, or otherwise.
Appears in 10 contracts
Samples: Change in Control Severance Agreement (CF Industries Holdings, Inc.), Change in Control Severance Agreement (CF Industries Holdings, Inc.), Change in Control Severance Agreement (CF Industries Holdings, Inc.)
No Mitigation. The Company agrees that, if the Executive's ’s employment with the Company terminates during the Term, the Executive is not required to seek other employment or to attempt in any way to reduce any amounts payable to the Executive by the Company pursuant to Section 6 hereof or Section 7.4 4 hereof. Further, the amount of any except as specifically provided in Section 4.1(C) hereof, no payment or benefit provided for in this Agreement (other than Section 6.1(B) hereof) shall not be reduced by any compensation earned by the Executive as the result of employment by another employer, by retirement benefits, by offset against any amount claimed to be owed by the Executive to the Company, or otherwise.
Appears in 10 contracts
Samples: Change in Control Agreement, Change in Control Agreement (Enbridge Inc), Change in Control Agreement (Spectra Energy Corp.)
No Mitigation. The Company agrees that, if the Executive's employment with by the Company terminates is terminated during the Termterm of this Agreement, the Executive is not required to seek other employment or to attempt in any way to reduce any amounts payable to the Executive by the Company pursuant to Section 6 hereof or Section 7.4 7.04 hereof. Further, the amount of any payment or benefit provided for in this Agreement Section 6 (other than Section 6.1(B6.01(C)) hereof) or Section 7.04 hereof shall not be reduced by any compensation earned by the Executive as the result of employment by another employer, by retirement benefits, by offset against any amount claimed to be owed by the Executive to the Company, or otherwise.
Appears in 10 contracts
Samples: Agreement (Metromail Corp), Agreement (Metromail Corp), Agreement (Metromail Corp)
No Mitigation. The Company agrees that, if the Executive's employment with the Company terminates during the Term, the Executive is not required to seek other employment or to attempt in any way to reduce any amounts payable to the Executive by the Company pursuant to Section 6 hereof or Section 7.4 hereof. Further, except as specifically provided in Section 6.1(B) hereof, the amount of any payment or benefit provided for in this Agreement (other than Section 6.1(B) hereof) shall not be reduced by any compensation earned by the Executive as the result of employment by another employer, by retirement benefits, by offset against any amount claimed to be owed by the Executive to the Company, or otherwise.
Appears in 10 contracts
Samples: Severance Agreement (Wild Oats Markets Inc), Severance Agreement (Wild Oats Markets Inc), Severance Agreement (Wild Oats Markets Inc)
No Mitigation. The Company agrees Employers agree that, if the Executive's ’s employment with by the Company terminates Employers is terminated during the Termterm of this Agreement, the Executive is not required to seek other employment or to attempt in any way to reduce any amounts payable to the Executive by the Company Employers pursuant to Section 6 hereof or Section 7.4 4 hereof. Further, the amount of any payment or benefit provided for in this Agreement (other than Section 6.1(B) hereof) shall not be reduced by any compensation earned by the Executive as the result of employment by another employer, by retirement benefits, by offset against any amount claimed to be owed by the Executive to the Company, Employers or otherwise.
Appears in 9 contracts
Samples: Change in Control Agreement (Randolph Bancorp, Inc.), Change in Control Agreement (PB Bancorp, Inc.), Change in Control Agreement (PB Bancorp, Inc.)
No Mitigation. The Company agrees that, if the Executive's ’s employment with the Company terminates during the Term, the Executive is not required to seek other employment or to attempt in any way to reduce any amounts payable to the Executive by the Company pursuant to Section 6 hereof or Section 7.4 hereof. Further, the amount of any payment or benefit provided for in this Agreement (other than Section 6.1(B) hereof) shall not be reduced by any compensation earned by the Executive as the result of employment by another employer, by retirement benefits, by offset against any amount claimed to be owed by the Executive to the Company, or otherwise.
Appears in 9 contracts
Samples: Change in Control Agreement (Visteon Corp), Change in Control Agreement (Visteon Corp), Change in Control Agreement (Temple Inland Inc)
No Mitigation. The Company agrees that, if the Executive's ’s employment with by the Company terminates is terminated during the Termterm of this Agreement, the Executive is not required to seek other employment or to attempt in any way to reduce any amounts payable to the Executive by the Company pursuant to Section 6 hereof or Section 7.4 hereofArticle III. Further, the amount of any payment or benefit provided for in this Agreement Article III (other than Section 6.1(B3.01(b)(i)) hereof) shall will not be reduced by any compensation earned by the Executive as the result of employment by another employer, by retirement benefits, by offset against any amount claimed to be owed by the Executive to the Company, or otherwise.
Appears in 9 contracts
Samples: Change in Control Agreement (Biomet Inc), Change in Control Agreement (Biomet Inc), Severance and Change in Control Agreement (Biomet Inc)
No Mitigation. The Company agrees that, if the Executive's ’s employment with the Company terminates during the Term, the Executive is not required to seek other employment or to attempt in any way to reduce any amounts payable to the Executive by the Company pursuant to Section 6 hereof or Section 7.4 hereof. Further, the amount of any except as specifically provided in Sections 6.1(B) and 6.1(G) hereof, no payment or benefit provided for in this Agreement (other than Section 6.1(B) hereof) shall not be reduced by any compensation earned by the Executive as the result of employment by another employer, by retirement benefits, by offset against any amount claimed to be owed by the Executive to the Company, or otherwise.
Appears in 9 contracts
Samples: Change in Control Severance Agreement (Stanley Black & Decker, Inc.), Change in Control Severance Agreement (Stanley Black & Decker, Inc.), Change in Control Severance Agreement (Stanley Black & Decker, Inc.)
No Mitigation. The Company agrees that, if the Executive's employment with by the Company terminates is terminated during the Termterm of this Agreement, the Executive is not required to seek other employment or to attempt in any way to reduce any amounts payable to the Executive by the Company pursuant to Section 6 hereof 6.0 or Section 7.4 hereof7.4. Further, the amount of any payment or benefit provided for in this Agreement Section 6.0 (other than Section 6.1(B6.1(ii)) hereof) or Section 7.4 shall not be reduced by any compensation earned by the Executive as the result of employment by another employer, by retirement benefits, by offset against any amount claimed to be owed by the Executive to the Company, or otherwise.
Appears in 9 contracts
Samples: Executive Officer Change in Control Agreement (Picturetel Corp), Settlement Agreement and Release (Polycom Inc), Executive Officer Change in Control Agreement (Picturetel Corp)
No Mitigation. The Company agrees that, if the Executive's ’s employment with the Company terminates during the Termterm of this Agreement, the Executive is shall not be required to seek other employment or to attempt in any way to reduce any amounts payable to the Executive by the Company pursuant to Section 6 hereof or Section 7.4 4 hereof. Further, the amount of any payment or benefit provided for in this Agreement (other than Section 6.1(B4.1 (C) hereof) shall not be reduced by any compensation earned by the Executive as the result of employment by another employer, by retirement benefits, by offset against any amount claimed to be owed by the Executive to the Company, or otherwise.
Appears in 8 contracts
Samples: Change in Control Agreement (Insignia Systems Inc/Mn), Change in Control Agreement (Insignia Systems Inc/Mn), Change in Control Agreement (Insignia Systems Inc/Mn)
No Mitigation. The Company agrees that, that if the Executive's ’s employment with the Company terminates during the TermTerm of this Agreement, the Executive is not required to seek other employment or to attempt in any way to reduce any amounts payable to the Executive by the Company pursuant to Section 6 hereof or Section 7.4 hereofthis Agreement. Further, except as expressly provided otherwise herein, the amount of any payment or benefit provided for in this Agreement (other than Section 6.1(B) hereof3.2(c)) shall not be reduced by any compensation earned by the Executive as the result of employment by another employer, by retirement benefits, by offset against any amount claimed to be owed by the Executive to the Company, or otherwise.
Appears in 8 contracts
Samples: Change of Control Agreement (Gulfmark Offshore Inc), Change of Control Agreement (Gulfmark Offshore Inc), Change of Control Agreement (Gulfmark Offshore Inc)
No Mitigation. The Company agrees that, if In the event the Executive's employment with the Company terminates during the Termterminates, the Executive is shall not be required to seek other employment mitigate damages or to attempt in any way to reduce any amounts payable to the Executive by the Company pursuant to Section 6 hereof or Section 7.4 hereof. Further, the amount of any payment or benefit provided for in under this Agreement (by seeking other than Section 6.1(B) hereof) employment or otherwise, nor shall not the amount of any payment provided under this Agreement be reduced by any compensation earned by the Executive as the a result of employment by another employer, employer or by retirement benefits, by offset against any amount claimed to be owed by the Executive to the Companybenefits after such termination, or otherwise.
Appears in 8 contracts
Samples: Employment Agreement (Skillsoft Public Limited Co), Employment Agreement (Skillsoft Public Limited Co), Employment Agreement (Skillsoft Public Limited Co)
No Mitigation. The Company agrees that, if the Executive's ’s employment with by the Company terminates is terminated during the Termterm of this Agreement, the Executive is not required to seek other employment or to attempt in any way to reduce any amounts payable to the Executive by the Company pursuant to Section 6 hereof or Section 7.4 hereof. Further, the amount of any payment or benefit provided for in this Agreement Section 6 (other than Section 6.1(B6.1(C)) hereof) or Section 7.4 hereof shall not be reduced by any compensation earned by the Executive as the result of employment by another employer, by retirement benefits, by offset against any amount claimed to be owed by the Executive to the Company, or otherwise.
Appears in 8 contracts
Samples: Change in Control Severance Agreement (J Jill Group Inc), Change in Control Severance Agreement (J Jill Group Inc), Change in Control Severance Agreement (J Jill Group Inc)
No Mitigation. The Company agrees that, if the Executive's employment with by the Company terminates is terminated during the Termterm of this Agreement, the Executive is not required to seek other employment or to attempt in any way to reduce any amounts payable to the Executive by the Company pursuant to Section 6 hereof or Section 7.4 hereof. Further, the amount of any payment or benefit provided for in this Agreement such Section 6 (other than Section 6.1(B6.1(C)) hereof) or such Section 7.4 shall not be reduced by any compensation earned by the Executive as the result of employment by another employer, by retirement benefits, by offset against any amount claimed to be owed by the Executive to the Company, or otherwise.
Appears in 8 contracts
Samples: Severance Agreement (Jevic Transportation Inc), Severance Agreement (Jevic Transportation Inc), Severance Agreement (JPF Acquisition Corp)
No Mitigation. The Company agrees that, if the Executive's ’s employment with the Company terminates is terminated during the Termterm of this Agreement for any reason, the Executive is not required to seek other employment or to attempt in any way to reduce any amounts payable to the Executive by the Company pursuant to hereunder. Furthermore, except as provided in Section 6 hereof or Section 7.4 hereof. Further5(a)(ii), the amount of any payment or benefit provided for in this Agreement (other than Section 6.1(B) hereof) hereunder shall not be reduced by any compensation earned by the Executive as the result of employment by another employer, by retirement benefits, by offset against any amount claimed to be owed by the Executive to the Company, or otherwise.
Appears in 8 contracts
Samples: Change in Control Agreement (Brinks Co), Change in Control Agreement (Brinks Co), Change in Control Agreement (Brinks Co)
No Mitigation. The Company agrees that, if the Executive's ’s employment with the Company terminates terminated during the Term, the Executive is not required to seek other employment or to attempt in any way to reduce any amounts payable to the Executive by the Company pursuant to Section 6 hereof or Section 7.4 8(d) hereof. Further, the amount of any payment or benefit provided for in this Agreement (other than Section 6.1(B6(a)(2) hereof) shall not be reduced by any compensation earned by the Executive as the result of employment by another employer, by retirement benefits, by offset against any amount claimed to be owed by the Executive to the Company, or otherwise.
Appears in 8 contracts
Samples: Severance Agreement (Starwood Hotel & Resorts Worldwide, Inc), Severance Agreement (Starwood Hotel & Resorts Worldwide, Inc), Severance Agreement (Starwood Hotel & Resorts Worldwide, Inc)
No Mitigation. The Company agrees that, if the Executive's ’s employment with the Company terminates during the Term, the Executive is not required to seek other employment or to attempt in any way to reduce any amounts payable to the Executive by the Company pursuant to Section 6 hereof or Section 7.4 hereof. Further, the amount of any payment or benefit provided for in this Agreement (other than as expressly provided in Section 6.1(A), 6.1(B) or 7.4 hereof) shall not be reduced by any compensation earned by the Executive as the result of employment by another employer, by retirement benefits, by offset against any amount claimed to be owed by the Executive to the Company, or otherwise.
Appears in 8 contracts
Samples: Severance Agreement (Chiquita Brands International Inc), Severance Agreement (Chiquita Brands International Inc), Severance Agreement (Chiquita Brands International Inc)
No Mitigation. The Company Corporation agrees that, if the Executive's employment with the Company terminates is terminated during the Term, the Executive is not required to seek other employment or to attempt in any way to reduce any amounts payable to the Executive by the Company Corporation pursuant to Section 6 hereof or Section 7.4 hereof7.4. Further, the amount of any payment or benefit provided for in this Agreement Section 6 (other than pursuant to Section 6.1(B6.1.(b)) hereof) or Section 7.4 shall not be reduced by any compensation earned by the Executive as the result of employment by another employer, by retirement benefits, by or offset against any amount claimed to be owed by the Executive to the CompanyCorporation or any of its subsidiaries, or otherwise.
Appears in 7 contracts
Samples: Agreement (Florida Power Corp /), Agreement (Florida Power Corp /), Agreement (Florida Power Corp /)
No Mitigation. The Company agrees that, that if the Executive's ’s employment with the Company terminates during the TermTerm of this Agreement, the Executive is not required to seek other employment or to attempt in any way to reduce any amounts payable to the Executive by the Company pursuant to Section 6 hereof or Section 7.4 hereofthis Agreement. Further, except as expressly provided otherwise herein, the amount of any payment or benefit provided for in this Agreement (other than Section 6.1(B) hereof) shall not be reduced by any compensation earned by the Executive as the result of employment by another employer, by retirement benefits, by offset against any amount claimed to be owed by the Executive to the Company, or otherwise.
Appears in 7 contracts
Samples: Severance Protection Agreement (Gulfmark Offshore Inc), Gulfmark Offshore (Gulfmark Offshore Inc), Change in Control Agreement (Furmanite Corp)
No Mitigation. The Company agrees that, if the Executive's employment with by the Company terminates is terminated during the Termterm of this Agreement, the Executive is not required to seek other employment or to attempt in any way to reduce any amounts payable to the Executive by the Company pursuant to Section 6 hereof or Section 7.4 hereof7.04. Further, the amount of any payment or benefit provided for in this Agreement Section 6 (other than Section 6.1(B6.01(D)) hereof) or Section 7.04 shall not be reduced by any compensation earned by the Executive as the result of employment by another employer, by retirement benefits, by offset against any amount claimed to be owed by the Executive to the Company, or otherwise.
Appears in 7 contracts
Samples: Agreement (Haverty Furniture Companies Inc), Agreement (Haverty Furniture Companies Inc), Agreement (Haverty Furniture Companies Inc)
No Mitigation. The Company agrees that, if the Executive's ’s employment with by the Company terminates is terminated during the Termterm of this Agreement, the Executive is not required to seek other employment or to attempt in any way to reduce any amounts payable to the Executive by the Company pursuant to Section 6 hereof or Section 7.4 7 hereof. Further, the amount of any payment or benefit provided for in this Agreement (other than Section 6.1(B) hereof) shall not be reduced by any compensation earned by the Executive as the result of employment by another employer, by retirement benefits, by offset against any amount claimed to be owed by the Executive to the Company, or otherwise.
Appears in 7 contracts
Samples: Employment Agreement (Surface Oncology, Inc.), Employment Agreement (Surface Oncology, Inc.), Employment Agreement
No Mitigation. The Company agrees that, if the Executive's ------------- employment with by the Company terminates is terminated during the TermCoverage Period, the Executive is not required to seek other employment or to attempt in any way to reduce any amounts payable to the Executive by the Company pursuant to Section 6 hereof or Section 7.4 hereofthis Agreement. Further, the amount of any payment or benefit provided for in under this Agreement (other than to the extent provided in Section 6.1(B2.6(B)(ii) hereofand Section 2.6(B)(iii)) shall not be reduced by any compensation earned by the Executive as the result of employment by another employer, by retirement benefits, by offset against any amount claimed to be owed by the Executive to the Company, or otherwise.
Appears in 7 contracts
Samples: Employment Agreement (Vallicorp Holdings Inc), Employment Agreement (Vallicorp Holdings Inc), Employment Agreement (Vallicorp Holdings Inc)
No Mitigation. The Company agrees that, if the Executive's employment with the Company terminates during the Term, the Executive is not required to seek other employment or to attempt in any way to reduce any amounts payable to the Executive by the Company pursuant to Section 6 hereof or Section 7.4 hereof. Further, the amount of any payment or benefit provided for in this Agreement (other than Section 6.1(B) hereof) shall not be reduced by any compensation earned by the Executive as the result of employment by another employer, by retirement benefits, by offset against any amount claimed to be owed by the Executive to the Company, or otherwiseotherwise except as expressly provided herein.
Appears in 7 contracts
Samples: Change in Control Agreement (Tractor Supply Co /De/), Change in Control Agreement (Tractor Supply Co /De/), Change in Control Agreement (Tractor Supply Co /De/)
No Mitigation. The Company agrees that, if the Executive's employment with the Company terminates during the Term, the Executive is not required to seek other employment or to attempt in any way to reduce any amounts payable to the Executive by the Company pursuant to Section 6 hereof or Section 7.4 hereof. Further, the amount of any except as specifically provided in Section 6.1(B) hereof, no payment or benefit provided for in this Agreement (other than Section 6.1(B) hereof) shall not be reduced by any compensation earned by the Executive as the result of employment by another employer, by retirement benefits, by offset against any amount claimed to be owed by the Executive to the Company, or otherwise.
Appears in 7 contracts
Samples: Severance Agreement (Compuware Corp), Severance Agreement (Compuware Corp), Severance Agreement (Compuware Corp)
No Mitigation. The Company agrees that, if the Executive's employment with by the Company terminates is terminated following a Change in Control and during the Termterm of this Agreement, the Executive is not required to seek other employment or to attempt in any way to reduce any amounts payable to the Executive by the Company pursuant to Section 6 hereof or Section 7.4 hereof5. Further, the amount of any payment or benefit provided for in this Agreement Section 5 (other than Section 6.1(B5.1(ii) hereof) shall not be reduced by any compensation earned by the Executive as the result of employment by another employer, by retirement benefits, by offset against any amount claimed to be owed by the Executive to the Company, or otherwise.
Appears in 7 contracts
Samples: Severance Agreement (Globe Business Resources Inc), Severance Agreement (Globe Business Resources Inc), Severance Agreement (Globe Business Resources Inc)
No Mitigation. The Company agrees Employers agree that, if the Executive's employment with by the Company terminates Employers is terminated during the Termterm of this Agreement, the Executive is not required to seek other employment or to attempt in any way to reduce any amounts payable to the Executive by the Company Employers pursuant to Section 6 hereof or Section 7.4 Sections 4 and 5 hereof. Further, the amount of any payment or benefit provided for in this Agreement (other than Section 6.1(B) hereof) shall not be reduced by any compensation earned by the Executive as the result of employment by another employer, by retirement benefits, by offset against any amount claimed to be owed by the Executive to the CompanyEmployers, or otherwise.
Appears in 7 contracts
Samples: Senior Executive Severance Agreement (Burnham Pacific Properties Inc), Senior Executive Severance Agreement (Boston Properties Inc), Senior Executive Severance Agreement (Boston Properties Inc)
No Mitigation. The Company agrees thatthat under this Agreement, if the Executive's employment with the Company terminates during the Termterminates, the Executive is not required to seek other employment or to attempt in any way to reduce any amounts payable to the Executive by the Company pursuant to Section 6 hereof 5 of this Agreement or Section 7.4 hereof6.4 of this Agreement. Further, the amount of any payment or benefit provided for in this Agreement (other than as specifically provided in Section 6.1(B5.1(b) hereofof this Agreement) shall not be reduced by any compensation earned by the Executive as the result of employment by another employer, by retirement benefits, by offset against any amount claimed to be owed by the Executive to the Company, or otherwise.
Appears in 7 contracts
Samples: Kaman Corporation (KAMAN Corp), Kaman Corporation (Kaman Corp), Kaman Corporation (Kaman Corp)
No Mitigation. The Company agrees that, if the Executive's ’s employment with by the Company terminates is terminated during the Termterm of this Agreement, the Executive is not required to seek other employment or to attempt in any way to reduce any amounts payable to the Executive by the Company pursuant to Section 6 hereof or Section 7.4 Sections 4 and 5 hereof. Further, the amount of any payment or benefit provided for in this Agreement (other than Section 6.1(B) hereof) shall not be reduced by any compensation earned by the Executive as the result of employment by another employer, by retirement benefits, by offset against any amount claimed to be owed by the Executive to the Company, or otherwise.
Appears in 7 contracts
Samples: Severance Agreement (Anika Therapeutics Inc), Agreement (Anika Therapeutics Inc), Agreement (Anika Therapeutics Inc)
No Mitigation. The Company agrees that, if the Executive's ’s employment with by the Company terminates is terminated during the Termterm of this Agreement, the Executive is not required to seek other employment or to attempt in any way to reduce any amounts payable to the Executive by the Company pursuant to Section 6 hereof or Section 7.4 4 hereof. Further, the amount of any payment or benefit provided for in this Agreement (other than Section 6.1(B) hereof) shall not be reduced by any compensation earned by the Executive as the result of employment by another employer, by retirement benefits, by offset against any amount claimed to be owed by the Executive to the Company, or otherwise.
Appears in 7 contracts
Samples: Retention Bonus Agreement (Summit Properties Inc), Retention Bonus Agreement (Summit Properties Inc), Retention Bonus Agreement (Summit Properties Inc)
No Mitigation. The Company agrees thatthat under this Agreement, if the Executive's ’s employment with the Company terminates during the Termterminates, the Executive is not required to seek other employment or to attempt in any way to reduce any amounts payable to the Executive by the Company pursuant to Section 6 hereof or Section 7.4 hereof5 of this Agreement. Further, the amount of any payment or benefit provided for in this Agreement (other than as specifically provided in Section 6.1(B5(d) hereofof this Agreement) shall not be reduced by any compensation earned by the Executive as the result of employment by another employer, by retirement benefits, by offset against any amount claimed to be owed by the Executive to the Company, or otherwise.
Appears in 6 contracts
Samples: Severance Agreement (STR Holdings, Inc.), Severance Agreement (STR Holdings, Inc.), Severance Agreement (STR Holdings, Inc.)
No Mitigation. The Company agrees that, if the Executive's employment with the Company terminates during the Term, the Executive is not required to seek other employment or to attempt in any way to reduce any amounts payable to the Executive by the Company pursuant to Section 6 hereof or Section 7.4 hereofhereunder. Further, the amount of any payment or benefit provided for in this Agreement (other than Section 6.1(B) hereof) shall not be reduced by any compensation earned by the Executive as the result of employment by another employer, by retirement benefits, by offset against any amount claimed to be owed by the Executive to the Company, or otherwise, except as specifically provided in this Agreement.
Appears in 6 contracts
Samples: Employment Agreement (Aes Corporation), Employment Agreement (Aes Corporation), Employment Agreement (Aes Corporation)
No Mitigation. The Company agrees that, if the Executive's ’s employment with by the Company terminates is terminated during the Termterm of this Agreement, the Executive is not required to seek other employment or to attempt in any way to reduce any amounts payable to the Executive by the Company pursuant to any provision of this Agreement, including any payment under Section 6 hereof or Section 7.4 hereof2. Further, except as otherwise provided herein, the amount of any payment or benefit provided for in this Agreement (other than Section 6.1(B) hereof) shall not be reduced by any compensation earned by the Executive as the result of employment by another employer, by retirement benefits, by offset against any amount claimed to be owed by the Executive to the Company, Company or otherwise.
Appears in 6 contracts
Samples: Severance Agreement (Circor International Inc), Severance Agreement (Circor International Inc), Severance Agreement (Circor International Inc)
No Mitigation. The Company agrees that, if the Executive's ’s employment with the Company terminates during the Term, the Executive is not required to seek other employment or to attempt in any way to reduce any amounts payable to the Executive by the Company pursuant to Section 6 hereof or Section 7.4 hereof. Further, the amount of any except as specifically provided in Sections 6.1(B) and 6.1(F) hereof, no payment or benefit provided for in this Agreement (other than Section 6.1(B) hereof) shall not be reduced by any compensation earned by the Executive as the result of employment by another employer, by retirement benefits, by offset against any amount claimed to be owed by the Executive to the Company, or otherwise.
Appears in 6 contracts
Samples: Agreement (Stanley Black & Decker, Inc.), Agreement (Stanley Black & Decker, Inc.), Change in Control Severance Agreement (Stanley Black & Decker, Inc.)
No Mitigation. The Company agrees that, if the Executive's employment with the Company terminates during the Term, the Executive is not required to seek other employment or to attempt in any way to reduce any amounts payable to the Executive by the Company pursuant to Section 6 hereof or Section 7.4 hereof. Further, the amount of any payment or benefit provided for in this Agreement (other than Section 6.1(B) hereof) shall not be reduced by any compensation earned by the Executive as the result of employment by another employer, by retirement benefits, by offset against any amount claimed to be owed by the Executive to the Company, or otherwiseotherwise except as set forth in Section 6 or as otherwise expressly provided herein.
Appears in 6 contracts
Samples: Change in Control Agreement (Tractor Supply Co /De/), Change in Control Agreement (Tractor Supply Co /De/), Change in Control Agreement (Tractor Supply Co /De/)
No Mitigation. The Company agrees that, if the Executive's employment with by the Company terminates is terminated during the Termterm of this Agreement, the Executive is not required to seek other employment or to attempt in any way to reduce any amounts payable to the Executive by the Company pursuant to Section 6 hereof or Section 7.4 hereof. Further, the amount of any payment or benefit provided for in this Agreement Section 6 (other than Section 6.1(B6.1(C)) hereof) or Section 7.4 hereof shall not be reduced by any compensation earned by the Executive as the result of employment by another employer, by retirement benefits, by offset against any amount claimed to be owed by the Executive to the Company, or otherwise.
Appears in 6 contracts
Samples: Severance Agreement (J Jill Group Inc), Severance Agreement (J Jill Group Inc), Severance Agreement (J Jill Group Inc)
No Mitigation. The Company agrees that, if the Executive's employment with by the Company terminates is terminated during the Termterm of this Agreement, the Executive is not required to seek other employment or to attempt in any way to reduce any amounts payable to the Executive by the Company pursuant to Section 6 hereof or Section 7.4 4(a), (b) and (c) hereof. Further, the amount of any payment or benefit provided for in this Agreement (other than Section 6.1(B) hereof) shall not be reduced by any compensation earned by the Executive as the result of employment by another employer, by retirement benefits, by offset against any amount claimed to be owed by the Executive to the Company, Company or otherwise.
Appears in 6 contracts
Samples: Change in Control Agreement (Geotel Communications Corp), Change in Control Agreement (Geotel Communications Corp), Change in Control Agreement (Geotel Communications Corp)
No Mitigation. The Company agrees that, if the Executive's employment with by the Company terminates is terminated during the Termterm of this Agreement, the Executive is not required to seek other employment or to attempt in any way to reduce any amounts payable to the Executive by the Company pursuant to Section 6 hereof or Section 7.4 4 hereof. Further, the amount of any payment or benefit provided for in this Agreement (other than Section 6.1(B) hereof) shall not be reduced by any compensation earned by the Executive as the result of employment by another employer, by retirement benefits, by offset against any amount claimed to be owed by the Executive to the Company, or otherwise.
Appears in 6 contracts
Samples: Fitch Severence Agreement, Gables Residential Trust (Gables Residential Trust), Gables Residential Trust (Gables Residential Trust)
No Mitigation. The Company agrees that, if the Executive's ’s employment with the Company terminates during the Term, the Executive is not required to seek other employment or to attempt in any way to reduce any amounts payable to the Executive by the Company pursuant to Section 6 hereof or Section 7.4 hereofany other provision of this Agreement. Further, the amount of any payment or benefit provided for in this Agreement (other than Section 6.1(B) hereof) shall not be reduced (a) by any compensation earned by the Executive as the result of employment by another employer, (b) by retirement benefits, (c) by offset against any amount claimed to be owed by the Executive to the Company, or (d) otherwise.
Appears in 5 contracts
Samples: Form of Change in Control Agreement (Lsi Industries Inc), Change in Control Agreement (Meridian Bioscience Inc), Change in Control Agreement (AtriCure, Inc.)
No Mitigation. The Company agrees that, if the Executive's ’s employment with the Company terminates during the Term, the Executive is not required to seek other employment or to attempt in any way to reduce any amounts payable to the Executive by the Company pursuant to Section 6 hereof or Section 7.4 hereof. Further, the amount of any payment or benefit provided for in this Agreement (other than Section 6.1(B) hereof) shall not be reduced by any compensation earned by the Executive as the result of employment by another employer, by retirement benefits, by offset against any amount claimed to be owed by the Executive to the Company, or otherwiseotherwise except as expressly provided herein.
Appears in 5 contracts
Samples: Change in Control Agreement (Tractor Supply Co /De/), Change in Control Agreement (Tractor Supply Co /De/), Change in Control Agreement (Tractor Supply Co /De/)
No Mitigation. The Company agrees that, if the Executive's employment with by the Company terminates is terminated during the Termterm of this Agreement, the Executive is not required to seek other employment or to attempt in any way to reduce any amounts payable to the Executive by the Company pursuant to Section 6 hereof or Section 7.4 Sections 4 and 5 hereof. Further, the amount of any payment or benefit provided for in this Agreement (other than Section 6.1(B) hereof) shall not be reduced by any compensation earned by the Executive as the result of employment by another employer, by retirement benefits, by offset against any amount claimed to be owed by the Executive to the Company, or otherwise.
Appears in 5 contracts
Samples: Severance Agreement (Anika Therapeutics Inc), Severance Agreement (Anika Therapeutics Inc), And Severance Agreement (Anika Therapeutics Inc)
No Mitigation. The Company agrees that, if In the event the Executive's employment with the -------------- Company terminates during the Termterminates, the Executive is shall not be required to seek other employment mitigate damages or to attempt in any way to reduce any amounts payable to the Executive by the Company pursuant to Section 6 hereof or Section 7.4 hereof. Further, the amount of any payment or benefit provided for in under this Agreement (by seeking other than Section 6.1(B) hereof) employment or otherwise, nor shall not the amount of any payment provided under this Agreement be reduced by any compensation earned by the Executive as the a result of employment by another employer, employer or by retirement benefits, by offset against any amount claimed to be owed by the Executive to the Companybenefits after such termination, or otherwise.
Appears in 5 contracts
Samples: Employment Agreement (CBT Group PLC), Employment Agreement (CBT Group PLC), Employment Agreement (CBT Group PLC)
No Mitigation. The Company agrees that, if the Executive's employment with the Company terminates during the Term, the Executive is not required to seek other employment or to attempt in any way to reduce any amounts payable to the Executive by the Company pursuant to Section 6 hereof or Section 7.4 8(d) hereof. Further, the amount of any payment or benefit provided for in this Agreement (other than Section 6.1(B6(a)(2) hereof) shall not be reduced by any compensation earned by the Executive as the result of employment by another employer, by retirement benefits, by offset against any amount claimed to be owed by the Executive to the Company, or otherwise.
Appears in 5 contracts
Samples: Severance Agreement (Starwood Hotels & Resorts), Severance Agreement (Starwood Hotels & Resorts), Severance Agreement (Starwood Hotels & Resorts)
No Mitigation. The Company agrees that, that if the Executive's employment with by the Company terminates is terminated during the Termterm of this Agreement, the Executive is not required to seek other employment or to attempt in any way to reduce any amounts payable to the Executive by the Company pursuant to Section 6 hereof or Section 7.4 hereofthis Agreement. Further, the amount of any payment or benefit provided for in this Agreement (other than Section 6.1(B) hereof6.1(C)) shall not be reduced by any compensation earned by the Executive as the result of employment by another employer, by retirement benefits, by offset against any amount claimed to be owed by the Executive to the Company, or otherwise.
Appears in 5 contracts
Samples: Severance Agreement (Systems & Computer Technology Corp), Severance Agreement (Systems & Computer Technology Corp), Severance Agreement (Systems & Computer Technology Corp)
No Mitigation. The Company agrees that, if the Executive's employment with by the Company terminates is terminated during the Termterm of this Agreement, the Executive is not required to seek other employment or to attempt in any way to reduce any amounts payable to the Executive by the Company pursuant to Section 6 hereof or Section 7.4 hereof6.0. Further, the amount of any payment or benefit provided for in this Agreement Section 6.0 (other than Section 6.1(B) hereof6.4) shall not be reduced by any compensation earned by the Executive as the result of employment by another employer, by retirement benefits, by offset against any amount claimed to be owed by the Executive to the Company, or otherwise.
Appears in 5 contracts
Samples: Settlement Agreement and Release (Polycom Inc), Settlement Agreement and Release (Polycom Inc), Settlement Agreement and Release (Polycom Inc)
No Mitigation. The Company agrees that, if the Executive's ’s employment with the Company terminates during the Term, the Executive is not required to seek other employment or to attempt in any way to reduce any amounts payable to the Executive by the Company pursuant to Section 6 hereof or Section 7.4 hereof6. Further, the amount of any except as specifically provided in Section 6.1(B), no payment or benefit provided for in this Agreement (other than Section 6.1(B) hereof) shall not be reduced by any compensation earned by the Executive as the result of employment by another employer, by retirement benefits, by offset against any amount claimed to be owed by the Executive to the Company, or otherwise.
Appears in 4 contracts
Samples: Change in Control Agreement (Baxter International Inc), Control Agreement (Baxter International Inc), Change in Control Agreement (Baxter International Inc)
No Mitigation. The Company agrees that, if the Executive's employment with the Company terminates during the Termterm of this Agreement, the Executive is not required to seek other employment or to attempt in any way to reduce any amounts payable to the Executive by the Company pursuant to Section 6 hereof or Section 7.4 hereof. Further, the amount of any payment or benefit provided for in this Agreement (other than Section 6.1(B6.1(D) hereof) shall not be reduced by any compensation earned by the Executive as the result of employment by another employer, by retirement benefits, by offset against any amount claimed to be owed by the Executive to the CompanyCompa- ny, or otherwise. 9.
Appears in 4 contracts
Samples: Agreement This Agreement (Orange & Rockland Utilities Inc), Agreement This Agreement (Orange & Rockland Utilities Inc), Agreement This Agreement (Orange & Rockland Utilities Inc)
No Mitigation. The Company agrees that, if the Executive's ’s employment with the Company terminates during the Term, the Executive is not required to seek other employment or to attempt in any way to reduce any amounts payable to the Executive by the Company pursuant to Section 6 hereof or Section 7.4 hereofhereunder. Further, the amount of any payment or benefit provided for in this Agreement (other than Section 6.1(B) hereof) shall not be reduced by any compensation earned by the Executive as the result of employment by another employer, by retirement benefits, by offset against any amount claimed to be owed by the Executive to the Company, or otherwise, except as specifically provided in this Agreement.
Appears in 4 contracts
Samples: Employment Agreement (Aes Corp), Employment Agreement (Aes Corp), Employment Agreement (Aes Corp)
No Mitigation. The Company agrees that, if the Executive's ’s employment with by the Company terminates is terminated during the Termterm of this Agreement, the Executive is not required to seek other employment or to attempt in any way to reduce any amounts payable to the Executive by the Company pursuant to Section 6 hereof or Section 7.4 Sections 4(a), (b) and (c) hereof. Further, the amount of any payment or benefit provided for in this Agreement (other than Section 6.1(B) hereof) shall not be reduced by any compensation earned by the Executive as the result of employment by another employer, by retirement benefits, by offset against any amount claimed to be owed by the Executive to the Company, Company or otherwise.
Appears in 4 contracts
Samples: Executive Severance Agreement (Zoll Medical Corp), Executive Severance Agreement (Zoll Medical Corporation), Executive Severance Agreement (Zoll Medical Corp)
No Mitigation. The Company agrees that, if the Executive's employment with the Company terminates during the Term, the Executive is not required to seek other employment or to attempt in any way to reduce any amounts payable to the Executive by the Company pursuant to Section 6 hereof or Section 7.4 hereof. Further, the amount of any except as specifically provided in Sections 6.1(B) or 6.2(B) hereof, no payment or benefit provided for in this Agreement (other than Section 6.1(B) hereof) shall not be reduced by any compensation earned by the Executive as the result of employment by another employer, by retirement benefits, by offset against any amount claimed to be owed by the Executive to the Company, or otherwise.
Appears in 4 contracts
Samples: Severance Agreement (Compuware Corp), Severance Agreement (Compuware Corp), Severance Agreement (Covisint Corp)
No Mitigation. The Company Employer agrees that, if the Executive's ’s employment with by the Company terminates Employer is terminated during the Termterm of this Agreement, the Executive is not required to seek other employment or to attempt in any way to reduce any amounts payable to the Executive by the Company Employer pursuant to Section 6 hereof or Section 7.4 Sections 4 and 5 hereof. Further, the amount of any payment or benefit provided for in this Agreement (other than Section 6.1(B) hereof) shall not be reduced by any compensation earned by the Executive as the a result of employment by another employer, by retirement benefits, by offset against any amount claimed to be owed by the Executive to the CompanyEmployer, or otherwise.
Appears in 4 contracts
Samples: Senior Executive Severance Agreement (Chittenden Corp /Vt/), Senior Executive Severance Agreement (Chittenden Corp /Vt/), Senior Executive Severance Agreement (Chittenden Corp /Vt/)
No Mitigation. The Company agrees that, if the Executive's employment with is terminated on or after the Company terminates Operative Date and during the TermTerm of this Agreement for any reason, the Executive is not required to seek other employment or to attempt in any way to reduce any amounts payable to the Executive by the Company pursuant to Section 6 hereof or Section 7.4 hereofhereunder. Further, the amount of any payment or benefit provided for in this Agreement (other than Section 6.1(B) hereof) hereunder on or after the Operative Date shall not be reduced by any 11 11 compensation earned by the Executive as the result of employment by another employer, by retirement benefits, by offset against any amount claimed to be owed by the Executive to the Company, or otherwise.
Appears in 4 contracts
Samples: Executive Agreement (Corporate Realty Consultants Inc), Executive Agreement (Corporate Realty Consultants Inc), Executive Agreement (Corporate Realty Consultants Inc)
No Mitigation. The Company agrees that, if the Executive's employment with the Company terminates during the Term, the Executive is not required to seek other employment or to attempt in any way to reduce any amounts payable to the Executive by the Company pursuant to Section Sections 5, 6 hereof or Section 7.4 hereof. Further, the amount of any payment or benefit provided for in this Agreement (other than Section 6.1(B) hereof but including (but not limited to) Section 7.4 hereof) shall not be reduced by any compensation earned by the Executive as the result of employment by another employer, by retirement benefits, by offset against any amount claimed to be owed by the Executive to the Company, or otherwise.to
Appears in 4 contracts
Samples: Severance Agreement (Baker Hughes Inc), Severance Agreement (Baker Hughes Inc), Severance Agreement (Baker Hughes Inc)
No Mitigation. The Company agrees that, if the Executive's employment with by the Company terminates is terminated during the Termterm of this Agreement, the Executive is not required to seek other employment or to attempt in any way to reduce any amounts payable to the Executive by the Company pursuant to Section 6 hereof or Section 7.4 4(a) and (b) hereof. Further, the amount of any payment or benefit provided for in this Agreement (other than Section 6.1(B) hereof) shall not be reduced by any compensation earned by the Executive as the result of employment by another employer, by retirement benefits, by offset against any amount claimed to be owed by the Executive to the Company, Company or otherwise.
Appears in 4 contracts
Samples: Severance Agreement (Instron Corp), Executive Severance Agreement (Instron Corp), Executive Severance Agreement (Instron Corp)
No Mitigation. The Company agrees that, if the Executive's employment with by the Company terminates is terminated during the Termterm of this Agreement, the Executive is not required to seek other employment or to attempt in any way to reduce any amounts payable to the Executive by the Company pursuant to Section 6 hereof or Section 7.4 Sections 4(a) and (b) hereof. Further, the amount of any payment or benefit provided for in this Agreement (other than Section 6.1(B) hereof) shall not be reduced by any compensation earned by the Executive as the result of employment by another employer, by retirement benefits, by offset against any amount claimed to be owed by the Executive to the Company, Company or otherwise.
Appears in 4 contracts
Samples: Executive Severance Agreement (Plug Power Inc), Executive Severance Agreement (Plug Power Inc), Severance Agreement (Safety 1st Inc)
No Mitigation. The Company agrees that, if the Executive's employment with the Company terminates during the Term, the Executive is not required to seek other employment or to attempt in any way to reduce any amounts payable to the Executive by the Company pursuant to Section 6 hereof or Section 7.4 hereof. Further, the amount of any payment or benefit provided for in this Agreement (other than in Section 6.1(B) hereof) shall not be reduced by any compensation earned by the Executive as the result of employment by another employer, by retirement benefits, by offset against any amount claimed to be owed by the Executive to the Company, or otherwise.
Appears in 4 contracts
Samples: Agreement (PPL Energy Supply LLC), Agreement (PPL Electric Utilities Corp), Agreement (PPL Electric Utilities Corp)
No Mitigation. The Company agrees that, if the Executive's employment with by the Company terminates is terminated during the Termterm of this Agreement, the Executive is not required to seek other employment or to attempt in any way to reduce any amounts payable to the Executive by the Company pursuant to Section 6 hereof or Section 7.4 4 hereof. Further, the amount of any payment or benefit provided for in this Agreement (other than Section 6.1(B) hereof) shall not be reduced by any compensation earned by the Executive as the result of employment by another employer, by retirement benefits, by offset against any amount claimed to be owed by the Executive to the Company, Company or otherwise.
Appears in 4 contracts
Samples: Control Agreement (Helicos Biosciences Corp), Executive Agreement (Virtusa Corp), Executive Agreement (Virtusa Corp)
No Mitigation. The Company agrees that, if the Executive's employment with by the Company terminates is terminated during the Termterm of this Agreement, the Executive is not required to seek other employment or to attempt in any way to reduce any amounts payable to the Executive by the Company pursuant to Section 6 hereof or Section 7.4 hereof6. Further, the amount of any payment or benefit provided for in this Agreement Section 6 (other than Section 6.1(B) hereof6.1(D)) shall not be reduced by any compensation earned by the Executive as the result of employment by another employer, by retirement benefits, by offset against any amount claimed to be owed by the Executive to the Company, or otherwise.
Appears in 4 contracts
Samples: Severance Agreement (Energy East Corp), Change in Control Agreement (New York State Electric & Gas Corp), Agreement (Energy East Corp)
No Mitigation. The Company agrees that, if the Executive's employment with the Company terminates during the Term, the Executive is not required to seek other employment or to attempt in any way to reduce any amounts payable to the Executive by the Company pursuant to Section 6 hereof or Section 7.4 hereof7.4. Further, the amount of any payment or benefit provided for in this Agreement (other than Section 6.1(B) hereof)) shall not be reduced by any compensation earned by the Executive as the result of employment by another employer, by retirement benefits, by offset against any amount claimed to be owed by the Executive to the Company, or otherwise.
Appears in 4 contracts
Samples: Severance Agreement (Safeco Corp), Change in Control Severance Agreement (Safeco Corp), Change in Control Severance Agreement (Safeco Corp)
No Mitigation. The Company agrees that, if the Executive's ’s employment with the Company terminates during the Term, the Executive is not required to seek other employment or to attempt in any way to reduce any amounts payable to the Executive by the Company pursuant to Section 6 hereof or Section 7.4 7.1 or 7.3 hereof. Further, the amount of any payment or benefit provided for in this Agreement (other than Section 6.1(BSections 6.1(F) through (O) hereof) shall not be reduced by any compensation earned by the Executive as the result of employment by another employer, by retirement benefits, by offset against any amount claimed to be owed by the Executive to the Company, or otherwise.
Appears in 3 contracts
Samples: Severance Agreement (Barnes Group Inc), Severance Agreement (Barnes Group Inc), Severance Agreement (Barnes Group Inc)
No Mitigation. The Company agrees that, if the Executive's employment with the Company terminates hereunder is terminated during the TermTerm of this Agreement, the Executive is not required to seek other employment or to attempt in any way to reduce any amounts payable to the Executive by the Company pursuant to Section 6 hereof or Section 7.4 hereofhereunder. Further, the amount of any payment or benefit provided for in this Agreement hereunder (other than pursuant to Section 6.1(B7.4(d) hereof) shall not be reduced by any compensation earned by the Executive as the result of employment by another employer, by retirement benefits, by offset against any amount claimed to be owed by the Executive to the Company, or otherwise.
Appears in 3 contracts
Samples: Employment Agreement (Armstrong World Industries Inc), Employment Agreement (Armstrong World Industries Inc), Employment Agreement (Armstrong World Industries Inc)
No Mitigation. The Company agrees that, if the Executive's employment with the Company terminates is terminated during the Termterm of this Agreement for any reason, the Executive is not required to seek other employment or to attempt in any way to reduce any amounts payable to the Executive by the Company pursuant to Section 6 hereof or Section 7.4 hereofhereunder. Further, except as provided in Section 4(iii) hereof, the amount of any payment or benefit provided for in this Agreement (other than Section 6.1(B) hereof) hereunder shall not be reduced by any compensation earned by the Executive as the result of employment by another employer, by retirement benefits, by offset against any amount claimed to be owed by the Executive to the Company, or otherwise.
Appears in 3 contracts
Samples: Severance Agreement (Pittston Co), Severance Agreement (Pittston Co), Severance Agreement (Pittston Co)
No Mitigation. The Company agrees that, if the Executive's employment with the Company terminates is terminated during the Termterm of this Agreement for any reason, the Executive is not required to seek other employment or to attempt in any way to reduce any amounts payable to the Executive by the Company pursuant to Section 6 hereof or Section 7.4 hereofhereunder. Further, except as provided in Section 5(a)(iii) hereof, the amount of any payment or benefit provided for in this Agreement (other than Section 6.1(B) hereof) hereunder shall not be reduced by any compensation earned by the Executive as the result of employment by another employer, by retirement benefits, by offset against any amount claimed to be owed by the Executive to the Company, or otherwise.
Appears in 3 contracts
Samples: Executive Agreement (Pittston Co), Executive Agreement (Pittston Co), Executive Agreement (Pittston Co)
No Mitigation. The Company agrees that, if the Executive's ’s employment with the Company terminates during the Term, the Executive is not required to seek other employment or to attempt in any way to reduce any amounts payable to the Executive by the Company pursuant to Section 6 hereof Sections 4, 5 or Section 7.4 6.4 hereof. Further, the amount of any payment or benefit provided for in this Agreement (other than Section 6.1(B5.1(B) hereof but including (but not limited to) Section 6.4 hereof) shall not be reduced by any compensation earned by the Executive as the result of employment by another employer, by retirement benefits, by offset against any amount claimed to be owed by the Executive to the Company, or otherwise.
Appears in 3 contracts
Samples: Severance Agreement (Stewart & Stevenson Services Inc), Severance Agreement (Stewart & Stevenson Services Inc), Severance Agreement (Stewart & Stevenson Services Inc)
No Mitigation. The Company agrees that, if the Executive's employment with the Company terminates during the Term, the Executive is not required to seek other employment or to attempt in any way to reduce any amounts payable to the Executive by the Company pursuant to Section 6 hereof or Section 7.4 hereof. Further, except as specifically provided in Section 6.1(B) and (E) hereof, the amount of any payment or benefit provided for in this Agreement (other than Section 6.1(B) hereof) shall not be reduced by any compensation earned by the Executive as the result of employment by another employer, by retirement benefits, by offset against any amount claimed to be owed by the Executive to the Company, or otherwise.
Appears in 3 contracts
Samples: Severance Agreement (Stone Container Corp), Valley 2x Severance Agreement (Stone Container Corp), Valley 3x Severance Agreement (Stone Container Corp)
No Mitigation. The Company Employer agrees that, if the Executive's ’s employment with by the Company terminates Employer is terminated during the Termterm of this Agreement, the Executive is not required to seek other employment or to attempt in any way to reduce any amounts payable to the Executive by the Company Employer pursuant to Section 6 hereof or Section 7.4 Sections 4 and 5 hereof. Further, the amount of any payment or benefit provided for in this Agreement (other than Section 6.1(B) hereof) shall not be reduced by any compensation earned by the Executive as the a result of employment by another employer, by retirement benefits, by offset against any amount claimed to be owed by the Executive to the CompanyEmployer, or otherwise, except as expressly provided in this Agreement.
Appears in 3 contracts
Samples: Senior Executive Severance Agreement (Chittenden Corp /Vt/), Senior Executive Severance Agreement (Chittenden Corp /Vt/), Senior Executive Severance Agreement (Chittenden Corp /Vt/)
No Mitigation. The Company agrees that, if the Executive's employment with the Company terminates during the Term, the Executive is not required to seek other employment or to attempt in any way to reduce any amounts payable to the Executive by the Company pursuant to Section 6 12 hereof or Section 7.4 13(d) hereof. Further, the amount of any payment or benefit provided for in this Agreement (other than Section 6.1(B12(a)(ii) hereof) shall not be reduced by any compensation earned by the Executive as the result of employment by another employer, by retirement benefits, by offset against any amount claimed to be owed by the Executive to the Company, or otherwise.
Appears in 3 contracts
Samples: Employment Agreement (Interpool Inc), Employment Agreement (Interpool Inc), Employment Agreement (Interpool Inc)
No Mitigation. The Company agrees that, if the Executive's ’s employment with by the Company terminates is terminated during the Term, the Executive is not required to seek other employment or to attempt in any way to reduce any amounts payable to the Executive by the Company pursuant to Section 6 hereof 4 or Section 7.4 5 (as applicable) hereof. Further, the amount of any payment or benefit provided for in this Agreement (other than Section 6.1(B) hereof) shall not be reduced by any compensation earned by the Executive as the result of employment by another employer, by retirement benefits, by offset against any amount claimed to be owed by the Executive to the Company, Company or otherwise.
Appears in 3 contracts
Samples: Executive Agreement, Separation Agreement and Release (Virtusa Corp), Executive Agreement (Virtusa Corp)
No Mitigation. The Company agrees that, if the Executive's employment with by the Company terminates is terminated during the Termterm of this Agreement, the Executive is not required to seek other employment or to attempt in any way to reduce any amounts payable to the Executive by the Company pursuant to Section 6 hereof 6.0 or Section 7.4 hereof7.4. Further, the amount of any payment or benefit provided for in this Agreement Section 6.0 (other than Section 6.1(B6.1(ii) hereof) or Section 7.4 shall not be reduced by any compensation earned by the Executive as the result of employment by another employer, by retirement benefits, by offset against any amount claimed to be owed by the Executive to the Company, or otherwise.
Appears in 3 contracts
Samples: Change in Control Agreement (Picturetel Corp), Change in Control Agreement (Picturetel Corp), Change in Control Agreement (Picturetel Corp)
No Mitigation. The Company agrees that, if the Executive's ’s employment with the Company terminates is terminated during the TermEmployment Period for any reason, the Executive is not required to seek other employment or to attempt in any way to reduce any amounts payable to the Executive by the Company pursuant to Section 6 hereof or Section 7.4 hereofhereunder. Further, except as provided in Section 5(a)(ii) hereof, the amount of any payment or benefit provided for in this Agreement (other than Section 6.1(B) hereof) hereunder shall not be reduced by any compensation earned by the Executive as the result of employment by another employer, by retirement benefits, by offset against any amount claimed to be owed by the Executive to the Company, or otherwise.
Appears in 3 contracts
Samples: Change in Control Agreement (Brink's Home Security Holdings, Inc.), Change in Control Agreement (Brink's Home Security Holdings, Inc.), Change in Control Agreement (Brinks Co)
No Mitigation. The Company agrees that, if the Executive's employment with the Company terminates during the Term, the Executive is not required to seek other employment or to attempt in any way to reduce any amounts payable to the Executive by the Company pursuant to Section Sections 5, 6 hereof or Section 7.4 hereof. Further, the amount of any payment or benefit provided for in this Agreement (other than Section 6.1(B) hereof but including (but not limited to) Section 7.4 hereof) shall not be reduced by any compensation earned by the Executive as the result of employment by another employer, by retirement benefits, by offset against any amount claimed to be owed by the Executive to the the, Company, or otherwise.
Appears in 3 contracts
Samples: Severance Agreement (Baker Hughes Inc), Severance Agreement (Baker Hughes Inc), Severance Agreement (Baker Hughes Inc)
No Mitigation. The Company agrees that, if the Executive's employment with by the Company terminates is terminated during the Termterm of this Agreement, the Executive is not required to seek other employment or to attempt in any way to reduce any amounts payable to the Executive by the Company pursuant to Section 6 hereof or Section 7.4 Sections 4(a), (b) and (c) hereof. Further, the amount of any payment or benefit provided for in this Agreement (other than Section 6.1(B) hereof) shall not be reduced by any compensation earned by the Executive as the result of employment by another employer, by retirement benefits, by offset against any amount claimed to be owed by the Executive to the Company, Company or otherwise.
Appears in 3 contracts
Samples: Senior Executive Severance Agreement (Medwave Inc), Executive Severance Agreement (Zoll Medical Corporation), Senior Executive Severance Agreement (Zoll Medical Corporation)
No Mitigation. The Company agrees that, if the Executive's employment with by the Company terminates is terminated following a Change in Control and during the Term, the Executive is not required to seek other employment or to attempt in any way to reduce any amounts payable to the Executive by the Company pursuant to Section 6 hereof or Section 7.4 hereofhereunder. Further, the amount of any payment or benefit provided for in this Agreement hereunder (other than pursuant to Section 6.1(B7(a)(iv) hereof) shall not be reduced by any compensation earned by the Executive as the result of employment by another employer, by retirement benefits, by offset against any amount claimed to be owed by the Executive to the Company, or otherwise.
Appears in 3 contracts
Samples: Agreement (Houghton Mifflin Co), Control Severance Agreement (Houghton Mifflin Co), Houghton Mifflin Co
No Mitigation. The Company agrees that, if the Executive's employment with the Company terminates during the Termterm of this Agreement, the Executive is not required to seek other employment or to attempt in any way to reduce any amounts payable to the Executive by the Company pursuant to Section 6 hereof or Section 7.4 hereof. Further, the amount of any payment or benefit provided for in this Agreement (other than Section 6.1(B6.1(D) hereof) shall not be reduced by any compensation earned by the Executive as the result of employment by another employer, by retirement benefits, by offset against any amount claimed to be owed by the Executive to the Company, or otherwise.reduced
Appears in 3 contracts
Samples: Agreement (Union Pacific Resources Group Inc), Agreement (Union Pacific Resources Group Inc), Agreement (Union Pacific Resources Group Inc)
No Mitigation. The Company agrees that, if If the Executive's ’s employment with the Company terminates during the Termfollowing a Change in Control, the Executive is not required to seek other employment or to attempt in any way to reduce any amounts payable to the Executive by the Company pursuant to Section 6 hereof (“Severance Payments and Benefits; Vesting of Stock Awards”) or Section 7.4 hereof(“Compensation During Dispute”). FurtherExcept as set forth in Subsection 6.1(D), the amount of any payment or benefit provided for in this Agreement (other than Section 6.1(B) hereof) shall not be reduced by any compensation earned by the Executive as the result of employment by another employer, by retirement benefits, by offset against any amount claimed to be owed by the Executive to the Company, or otherwise.
Appears in 3 contracts
Samples: Change in Control Severance Agreement, Change in Control Severance Agreement (Mercury Computer Systems Inc), Change in Control Severance Agreement (Mercury Computer Systems Inc)
No Mitigation. The Company agrees that, that if the Executive's ’s employment with the Company terminates during the Termterminates, the Executive is he shall not required be obligated to seek other employment or to attempt in any way to reduce any amounts amount payable to the Executive by the Company pursuant to Section 6 hereof or Section 7.4 hereofhim under this Agreement. Further, the no amount of any payment or benefit provided for in this Agreement (other than Section 6.1(B) hereof) hereunder shall not be reduced by any compensation earned by the Executive as the result of employment by another employer, by retirement benefits, by offset against any amount claimed to be owed by the Executive to the Company, a subsequent employer or otherwise.
Appears in 3 contracts
Samples: Control Agreement (Millennium Cell Inc), Control Agreement (Millennium Cell Inc), Control Agreement (Millennium Cell Inc)
No Mitigation. The Company agrees that, if the Executive's ’s employment with the Company terminates during the Term, the Executive is not required to seek other employment or to attempt in any way to reduce any amounts payable to the Executive by the Company pursuant to Section 6 hereof or Section 7.4 hereof7.4. Further, the amount of any payment or benefit provided for in this Agreement (other than Section 6.1(B) hereof)) shall not be reduced by any compensation earned by the Executive as the result of employment by another employer, by retirement benefits, by offset against any amount claimed to be owed by the Executive to the Company, or otherwise.
Appears in 3 contracts
Samples: Change in Control Severance Agreement (Liberty Mutual Agency Corp), Change in Control (Safeco Corp), Severance Agreement (Safeco Corp)
No Mitigation. The Company agrees that, if the Executive's employment with the Company terminates during the Term, the Executive is not required to seek other employment or to attempt in any way to reduce any amounts payable to the Executive by the Company pursuant to Section 6 hereof or Section 7.4 hereof. Further, the amount of any payment or benefit provided for in this Agreement (other than Section 6.1(B) hereof) shall not be reduced by any compensation earned by the Executive as the result of employment by another employer, by retirement benefits, by offset against any amount claimed to be owed by the Executive to the Company, or otherwiseotherwise except as set forth in Section 6 (and as permitted by Section 409A of the Code) or as otherwise expressly provided herein.
Appears in 3 contracts
Samples: Change in Control Agreement (Tractor Supply Co /De/), Change in Control Agreement (Tractor Supply Co /De/), Change in Control Agreement (Tractor Supply Co /De/)
No Mitigation. The Company agrees that, if the Executive's employment with by the Company terminates is terminated during the Termterm of this Agreement, the Executive is not required to seek other employment or to attempt in any way to reduce any amounts payable to the Executive by the Company pursuant to Section 6 hereof or 6. Except as otherwise provided in Section 7.4 6.01(D) hereof. Further, the amount of any payment or benefit provided for in this Agreement (other than Section 6.1(B) hereof) 6 shall not be reduced by any compensation earned by the Executive as the result of employment by another employer, by retirement benefits, by offset against any amount claimed to be owed by the Executive to the Company, or otherwise.
Appears in 2 contracts
Samples: Agreement (Haverty Furniture Companies Inc), Agreement (Haverty Furniture Companies Inc)
No Mitigation. The Company agrees that, if the Executive's ’s employment with the Company or an Affiliate thereof terminates during the Term, the Executive is not required to seek other employment or to attempt in any way to reduce any amounts payable to the Executive by the Company pursuant to Section 6 hereof or Section 7.4 Sections 3, 4 and/or 5, as applicable, hereof. Further, the amount of any payment or benefit provided for in this Agreement (other than Section 6.1(B) hereof) shall not be reduced by any compensation earned by the Executive as the result of employment by another employer, by retirement benefits, employer or by offset against any amount claimed to be owed by the Executive to the Company, or otherwise.
Appears in 2 contracts
Samples: Change in Control Agreement (Rowan Companies PLC), Change in Control Agreement (Rowan Companies PLC)
No Mitigation. The Company agrees that, if the Executive's employment with the Company terminates during the Term, the Executive is not required to seek other employment or to attempt in any way to reduce any amounts payable to the Executive by the Company pursuant to Section 6 hereof or Section 7.4 5 hereof. Further, except as specifically provided in Section 5(B) hereof, the amount of any payment or benefit provided for in this Agreement (other than Section 6.1(B) hereof) shall not be reduced by any compensation earned by the Executive as the result of employment by another employer, employer or by retirement benefits, by offset against any amount claimed to be owed by the Executive to the Company, or otherwise.
Appears in 2 contracts
Samples: Retention and Severance Agreement (Adesa Inc), Retention and Severance Agreement (Adesa Inc)
No Mitigation. The Company agrees that, if the Executive's employment with by the Company terminates is terminated during the Termterm of this Agreement, the Executive is not required to seek other employment or to attempt in any way to reduce any amounts payable to the Executive by the Company pursuant to Section 6 hereof or Section 7.4 hereof6. Further, the amount of any payment or benefit provided for in this Agreement Section 6 (other than Section 6.1(B) hereof6.1(b)) shall not be reduced by any compensation earned by the Executive as the result of employment by another employer, by retirement benefits, by offset against any amount claimed to be owed by the Executive to the Company, or otherwise.
Appears in 2 contracts
Samples: Severance Protection Agreement (VHS of Anaheim Inc), Severance Protection Agreement (VHS of Anaheim Inc)
No Mitigation. The Company agrees that, if the Executive's employment with the Company terminates during the Term, the Executive is not required to seek other employment or to attempt in any way to reduce any amounts payable to the Executive by the Company pursuant to Section 6 hereof or Section 7.4 hereofthis Agreement. Further, the amount of any payment or benefit provided for in this Agreement (other than Section 6.1(B) hereof) shall not be reduced by any compensation earned by the Executive as the result of employment by another employer, by retirement benefits, by offset against any amount claimed to be owed by the Executive to the Company, or otherwise.
Appears in 2 contracts
Samples: Employment Agreement (Hayes Lemmerz International Inc), Severance Agreement (Hayes Lemmerz International Inc)