Common use of No Mitigation Clause in Contracts

No Mitigation. In no event shall the Executive be obligated to seek other employment or take any other action by way of mitigation of the amounts payable to the Executive under any of the provisions of this Agreement and such amounts shall not be reduced, regardless of whether the Executive obtains other employment.

Appears in 67 contracts

Samples: Employment Agreement, Employment Agreement, Employment Agreement

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No Mitigation. In no event shall the Executive be obligated required to seek other employment or take any other action by way of mitigation of the amounts payable to the Executive under any of the provisions of this Agreement Agreement, and such amounts shall not be reduced, regardless of reduced whether the or not Executive obtains other employmentemployment after termination of his employment hereunder.

Appears in 50 contracts

Samples: Employment Agreement (Enstar Group LTD), Employment Agreement (Enstar Group LTD), Employment Agreement

No Mitigation. In no event shall the Executive be obligated to seek other employment or take any other action by way of mitigation of the amounts payable to the Executive under any of the provisions of this Agreement Agreement, and such amounts shall not be reduced, regardless of reduced whether or not the Executive obtains other employment.

Appears in 30 contracts

Samples: Employment Agreement (Noble Finance Co), Employment Agreement (Noble Finance Co), Employment Agreement (Noble Finance Co)

No Mitigation. In no event shall the Executive be obligated to seek other employment or take any other action by way of mitigation of the amounts payable to the Executive under any of the provisions of this Agreement and such amounts Agreement, nor shall not the amount of any payment hereunder be reduced, regardless reduced by any compensation earned by Executive as a result of whether the Executive obtains other subsequent employment.

Appears in 25 contracts

Samples: Executive Employment Agreement (Sonida Senior Living, Inc.), Employment Agreement (Sensus Healthcare, Inc.), Employment Agreement (Sensus Healthcare, Inc.)

No Mitigation. In no event shall the Executive be obligated to seek other employment or take any other action by way of mitigation of the amounts payable to the Executive under any of the provisions of this Agreement and and, except as otherwise provided herein, such amounts shall not be reduced, regardless of reduced whether the or not Executive obtains other employment.

Appears in 23 contracts

Samples: Employment Agreement (3d Systems Corp), Employment Agreement (3d Systems Corp), Employment Agreement (3d Systems Corp)

No Mitigation. In no event shall the Executive be obligated to seek other employment or take any other action by way of mitigation of the amounts payable to the Executive under any of the provisions of this Agreement and such amounts shall not be reduced, regardless of reduced (except to the extent set forth in Section 6(a)(ii)) whether or not the Executive obtains other employment.

Appears in 22 contracts

Samples: Change of Control Agreement (Marshall & Ilsley Corp/Wi/), Change of Control Agreement (Marshall & Ilsley Corp/Wi/), Change of Control Agreement (Marshall & Ilsley Corp/Wi/)

No Mitigation. In no event shall the Executive be obligated to seek other employment or take any other action by way of mitigation of the amounts payable to the Executive under any of the provisions of this Agreement and such amounts Agreement, nor shall not the amount of any payment hereunder be reduced, regardless of whether reduced by any compensation earned by the Executive obtains other employmentas a result of employment by a subsequent employer.

Appears in 19 contracts

Samples: Employment Agreement (Top KingWin LTD), Employment Agreement (ORIENTAL RISE HOLDINGS LTD), Employment Agreement (ORIENTAL RISE HOLDINGS LTD)

No Mitigation. In no event shall the Executive be obligated to seek other employment or take any other action by way of mitigation of the amounts payable to the Executive under any of the provisions of this Agreement and such amounts shall not be reduced, regardless of whether the Executive obtains other employmentAgreement.

Appears in 18 contracts

Samples: Employment Agreement (Lakeland Bancorp Inc), Employment Agreement (BeesFree, Inc.), Employment Agreement (Somerset Hills Bancorp)

No Mitigation. In no event shall the Executive be obligated to seek other employment or take any other action by way of mitigation of the amounts payable to the Executive under any of the provisions Section 7 of this Agreement and such amounts shall not be reduced, regardless of whether the Executive obtains other employmentAgreement.

Appears in 16 contracts

Samples: Executive Employment Agreement (Primis Financial Corp.), Executive Employment Agreement (Primis Financial Corp.), Executive Employment Agreement (Primis Financial Corp.)

No Mitigation. In no event shall the Executive be obligated to seek other employment or take any other action by way of mitigation of to mitigate the amounts or benefits payable to the Executive under any of the provisions of this Agreement Employment Agreement, and such there shall be no offset against amounts shall not be reduced, regardless of whether or benefits due the Executive obtains under this Employment Agreement or otherwise on account of any claim (other than preexisting debts then due in accordance with their terms) the Company or its affiliates may have against him or any remuneration or other benefit earned or received by the Executive after any termination of employment.

Appears in 15 contracts

Samples: Employment Agreement (Cloud Peak Energy Inc.), Employment Agreement (Cloud Peak Energy Resources LLC), Employment Agreement (Cloud Peak Energy Inc.)

No Mitigation. In no event shall the Executive be obligated to seek other employment or take any other action by way of mitigation of the any amounts payable to the Executive under any of the provisions of this Agreement Section 5 and such amounts shall not be reduced, regardless of reduced whether the or not Executive obtains other employment.

Appears in 14 contracts

Samples: Employment Agreement (PERRIGO Co PLC), Employment Agreement (Westrock Coffee Holdings, LLC), Employment Agreement (Westrock Coffee Holdings, LLC)

No Mitigation. In no event shall the Executive be obligated to seek other employment or take any other action by way of mitigation of the amounts payable to the Executive under any of the provisions of this Agreement Agreement, and such amounts shall not be reduced, regardless of reduced whether the or not Executive obtains other employment.

Appears in 12 contracts

Samples: Executive Employment Agreement (Patriot National, Inc.), Noncompetition, Severance and Employment Agreement (South Financial Group Inc), Noncompetition, Severance and Employment Agreement (South Financial Group Inc)

No Mitigation. In no event shall the Executive be obligated to seek other employment or take any other action by way of mitigation of the amounts payable to the Executive under any of the provisions of this Agreement and such amounts Agreement, nor shall not the amount of any payment hereunder be reduced, regardless reduced by any compensation earned by Executive as a result of whether the Executive obtains other employmentsubsequent employment unless otherwise provided herein.

Appears in 11 contracts

Samples: Employment Agreement (United Insurance Holdings Corp.), Employment Agreement (United Insurance Holdings Corp.), Employment Agreement (United Insurance Holdings Corp.)

No Mitigation. In no event shall the Executive be obligated to seek other employment or take any other action by way of mitigation of the amounts payable to the Executive under any of the provisions of this Agreement and such amounts Agreement, nor shall not the amount of any payment hereunder be reduced, regardless of whether except as otherwise specifically provided herein, by any compensation earned by the Executive obtains other employmentas result of employment by another employer.

Appears in 11 contracts

Samples: Severance and Change in Control Agreement (Stec, Inc.), Severance and Change in Control Agreement (Stec, Inc.), Severance and Change in Control Agreement (Stec, Inc.)

No Mitigation. In no event shall the Executive be obligated to seek other employment or take any other action by way of mitigation of the amounts payable to the Executive under any of the provisions of this Agreement and such amounts shall not be reduced, regardless of subject to offset or otherwise reduced whether the or not Executive obtains other employment.

Appears in 11 contracts

Samples: Employment Agreement (Six Flags Inc), Employment Agreement (Six Flags Inc), Employment Agreement (Six Flags Inc)

No Mitigation. In Except as provided in section 6(c)(v), in no event shall the Executive be obligated to seek other employment or take any other action by way of mitigation of the amounts payable to the Executive under any of the provisions of this Agreement and such amounts Agreement, nor shall not the amount of any payment hereunder be reduced, regardless reduced by any compensation earned by Executive as a result of whether the Executive obtains other subsequent employment.

Appears in 11 contracts

Samples: Employment Agreement (Everest Reinsurance Holdings Inc), Employment Agreement (Everest Reinsurance Holdings Inc), Employment Agreement (Everest Group, Ltd.)

No Mitigation. In no event shall the Executive be obligated to seek other employment or take any other action by way of mitigation of the any amounts payable to the Executive under any of the provisions of this Agreement Section 4(a) and such amounts shall not be reduced, regardless of reduced whether or not the Executive obtains other employment.

Appears in 10 contracts

Samples: Executive Employment Agreement (SelectQuote, Inc.), Employment Agreement (SelectQuote, Inc.), Executive Employment Agreement (SelectQuote, Inc.)

No Mitigation. In no event shall the Executive be obligated to seek other employment or take any other action by way of mitigation of the amounts payable to the Executive under any of the provisions of this Agreement, and the amount of any payment or benefit provided for in this Agreement and such amounts shall not be reduced, regardless of whether reduced by any compensation or benefits earned by the Executive obtains other employmentas the result of employment by another employer.

Appears in 9 contracts

Samples: Employment Agreement (Varsity Group Inc), Employment Agreement (Varsity Group Inc), Employment Agreement (Mining Services International Corp/)

No Mitigation. In no event shall the Executive Officer be obligated to seek other employment or take any other action by way of mitigation of the amounts payable to the Executive Officer under any of the provisions of this Agreement and such amounts shall not be reduced, regardless of reduced whether the or not Executive Officer obtains other employment.

Appears in 9 contracts

Samples: Severance and Non Competition Agreement (Sterling Bancshares Inc), Severance and Non Competition Agreement (Sterling Bancshares Inc), Severance and Non Competition Agreement (Sterling Bancshares Inc)

No Mitigation. In no event event, except as set forth expressly in this or another agreement signed by Executive, shall the Executive be obligated to seek other employment or take any other action by way of mitigation of the amounts payable to the Executive under any of the provisions of this Agreement and and, subject to the aforesaid exception, such amounts shall not be reduced, regardless of reduced whether the or not Executive obtains other employment.

Appears in 9 contracts

Samples: Severance Agreement (Aileron Therapeutics Inc), Severance Agreement (Aileron Therapeutics Inc), Severance Agreement (Aileron Therapeutics Inc)

No Mitigation. In no event shall the Executive be obligated to seek other employment or take any other action by way of mitigation of the amounts payable to the Executive under any of the provisions of this Agreement provision hereof, and such amounts shall not be reduced, regardless of reduced whether the or not Executive obtains other employmentemployment except to the extent contemplated by Section 2.3 hereof.

Appears in 9 contracts

Samples: Change in Control Severance Agreement (Raytheon Co/), Change in Control Severance Agreement (Raytheon Co/), Change in Control Severance Agreement (Raytheon Co/)

No Mitigation. In The Executive shall have no event shall the Executive be obligated duty to seek other employment or take any other action by way of mitigation of and the amounts amounts, benefits and entitlements payable to the Executive under any of the provisions of this Agreement and such amounts hereunder or otherwise shall not be reducedsubject to reduction, regardless of whether offset or repayment for any compensation received by the Executive obtains other employmentfrom services provided by the Executive following the termination of the Executive’s employment with the Company.

Appears in 9 contracts

Samples: Employment Agreement (NanoFlex Power Corp), Employment Agreement (NanoFlex Power Corp), Employment Agreement (Universal Technology Systems Corp.)

No Mitigation. In no event shall the Executive be obligated obliged to seek other employment or take any other action by way of mitigation of the amounts payable to the Executive under any of the provisions of this Agreement and such amounts Agreement, nor shall not the amount of any payment hereunder be reduced, regardless reduced by any compensation earned by Executive as a result of whether the Executive obtains other employmentemployment by another employer.

Appears in 9 contracts

Samples: Employment Agreement (1 800 Contacts Inc), Employment Agreement (1 800 Contacts Inc), Employment Agreement (1 800 Contacts Inc)

No Mitigation. In no event shall the Executive be obligated to seek other employment or take any other action by way of mitigation of the any amounts payable to the Executive under any of the provisions of this Agreement Section 6 and such amounts shall not be reduced, regardless of reduced whether the or not Executive obtains other employment.

Appears in 8 contracts

Samples: Employment Agreement (CapStar Financial Holdings, Inc.), Employment Agreement (CapStar Financial Holdings, Inc.), Employment Agreement (CapStar Financial Holdings, Inc.)

No Mitigation. In no event shall the Executive be obligated to seek other employment or take any other action by way of mitigation of the severance amounts payable to the Executive under any of the provisions of this Agreement and such amounts shall not be reduced, regardless of reduced whether the or not Executive obtains other employment.

Appears in 8 contracts

Samples: Employment Agreement (Keryx Biopharmaceuticals Inc), Employment Agreement (Keryx Biopharmaceuticals Inc), Employment Agreement (Keryx Biopharmaceuticals Inc)

No Mitigation. In no event shall the Executive be obligated to seek other employment or take any other action by way of mitigation of the amounts payable to the Executive under any of the provisions of this Agreement and such amounts shall not be reduced, regardless of whether the Executive obtains other employment.

Appears in 8 contracts

Samples: Employment Agreement (Revlon Inc /De/), Employment Agreement (Revlon Inc /De/), Employment Agreement (Revlon Inc /De/)

No Mitigation. In no event shall the Executive be obligated to seek other employment or take any other action by way of mitigation of the amounts payable to the Executive under any of the provisions of this Agreement and such amounts shall not be reducedreduced or otherwise subject to offset in any manner, regardless of whether the Executive obtains other employment.

Appears in 8 contracts

Samples: Employment Agreement (Washington Prime Group, L.P.), Employment Agreement (Washington Prime Group, L.P.), Employment Agreement (Washington Prime Group, L.P.)

No Mitigation. In no event shall the Executive be obligated to seek other employment or take any other action by way of mitigation of the amounts payable to the Executive under any of the provisions of this Agreement and Agreement, nor shall such amounts shall not be reduced, regardless of whether reduced by any earnings or benefits that the Executive obtains may receive from any other employmentsource.

Appears in 8 contracts

Samples: Employment Agreement (Rohn Industries Inc), Employment Agreement (Rohn Industries Inc), Employment Agreement (Rohn Industries Inc)

No Mitigation. In no event shall the Executive be obligated to seek other employment or take any other action by way of mitigation of the amounts payable to the Executive under any of the provisions of this Agreement and such amounts shall not be reduced, regardless of whether the Executive obtains other employmentemployment (except as otherwise provided in Section 5(a)(3) of this Agreement with respect to the payment of COBRA premiums).

Appears in 8 contracts

Samples: Employment Agreement (Amerisourcebergen Corp), Employment Agreement (Amerisourcebergen Corp), Employment Agreement (Amerisourcebergen Corp)

No Mitigation. In no event shall the Executive be obligated to seek other employment or take any other action by way of mitigation of the any amounts payable to the Executive under any of the provisions of this Agreement Section 5(a) and such amounts shall not be reduced, regardless of reduced whether or not the Executive obtains other employment.

Appears in 8 contracts

Samples: Employment Agreement (Presidio, Inc.), Employment Agreement (Presidio, Inc.), Employment Agreement (Presidio, Inc.)

No Mitigation. In no event shall the Executive be obligated to seek other employment or take any other action by way of mitigation of the amounts payable to the Executive under any of the provisions of this Agreement and such amounts shall not be reduced, regardless of whether the Executive obtains other employmentAgreement.

Appears in 7 contracts

Samples: Executive Employment Agreement (Vse Corp), Executive Employment Agreement (Vse Corp), Executive Employment Agreement (Vse Corp)

No Mitigation. In no event Executive shall the Executive not be obligated to seek other employment or take any other action by way of mitigation of the amounts payable to the Executive under any of the provisions provision of this Agreement and such amounts shall not be reduced, regardless of whether the Executive obtains other employmentAgreement.

Appears in 7 contracts

Samples: Change in Control Protection Agreement (Foamex International Inc), Change in Control Protection Agreement (Foamex International Inc), Change in Control Protection Agreement (Foamex International Inc)

No Mitigation. In no event shall the Executive be obligated to seek other employment or to take any other action by way of mitigation of the amounts payable to the Executive under any of the provisions of this Agreement Agreement, and such amounts shall not be reduced, regardless of whether or not the Executive obtains other employment.

Appears in 7 contracts

Samples: Employment Agreement (First Indiana Corp), Employment Agreement (First Indiana Corp), Employment Agreement (First Indiana Corp)

No Mitigation. In no event shall the Executive be obligated to seek other employment or take any other action by way of mitigation of to mitigate the amounts payable to the Executive under any of the provisions of this Agreement and such amounts Agreement, nor shall the amount of any payment hereunder be reduced by any compensation earned as a result of Executive’s employment by another employer, except that any continued welfare benefits provided for by Section 6.3(f) or Section 6.4(c) shall not duplicate any benefits that are provided to Executive and his family by such other employer and shall be reduced, regardless of whether the Executive obtains secondary to any coverage provided by such other employmentemployer.

Appears in 6 contracts

Samples: Employment Agreement (Amcol International Corp), Employment Agreement (Amcol International Corp), Employment Agreement (Amcol International Corp)

No Mitigation. In no event shall the Executive be obligated to seek other employment or take any other action by way of mitigation of the amounts payable to the Executive under any of the provisions of this Agreement and and, except as specifically provided in Section 6(e)(ii) (health benefits) above, such amounts shall not be reduced, regardless of whether the Executive obtains other employment.

Appears in 6 contracts

Samples: Employment Agreement (Digitas Inc), Employment Agreement (Digitas Inc), Employment Agreement (Digitas Inc)

No Mitigation. In no event shall the Executive be obligated to seek ------------- other employment or take any other action by way of mitigation of the amounts payable to the Executive under any of the provisions of this Agreement and such amounts shall not be reduced, regardless of reduced (except to the extent set forth in Section 6(a)(ii)) whether or not the Executive obtains other employment.

Appears in 6 contracts

Samples: Change of Control Agreement (Marshall & Ilsley Corp/Wi/), Change of Control Agreement (Metavante Corp), Change of Control Agreement (Marshall & Ilsley Corp/Wi/)

No Mitigation. In no event shall the Executive be obligated to seek other employment or take any other action by way of mitigation of the amounts payable to the Executive under any of the provisions of this Agreement and and, such amounts shall not be reduced, regardless of reduced whether or not the Executive obtains other employment.

Appears in 6 contracts

Samples: Employment Agreement (Partners Trust Financial Group Inc), Employment Agreement (Partners Trust Financial Group Inc), Employment Agreement (WSB Holdings Inc)

No Mitigation. In no event shall the Executive be obligated to seek other employment or take any other action by way of mitigation of the amounts payable to the Executive under any of the provisions of this Agreement and such amounts shall not be reduced, regardless of reduced whether or not the Executive obtains other employment.

Appears in 6 contracts

Samples: Employment Agreement (Delta Tucker Holdings, Inc.), Employment Agreement (Delta Tucker Holdings, Inc.), Employment Agreement (Delta Tucker Holdings, Inc.)

No Mitigation. In no event shall the Executive be obligated to seek other employment or take any other action by way of mitigation of the amounts payable to the Executive under any of the provisions of this Agreement and such amounts shall not be reduced, regardless of reduced (except to the extent set forth in Section 6(a)(2)) whether the or not Executive obtains other employment.

Appears in 6 contracts

Samples: Change of Control Agreement (Metavante Technologies, Inc.), Change of Control Agreement (Metavante Technologies, Inc.), Change of Control Agreement (Metavante Technologies, Inc.)

No Mitigation. In no event shall the Executive be obligated to seek other employment or take any other action by way of mitigation of the amounts payable to the Executive under any of the provisions of this Agreement and such amounts and, except as specifically provided in Paragraph 3(A) hereof, the amount of any payment or benefit provided for in this Agreement shall not be reduced, regardless of whether reduced by any compensation or benefits earned by the Executive obtains other employmentas the result of employment by another employer.

Appears in 6 contracts

Samples: Employment Agreement (Ryerson Holding Corp), Employment Agreement (Ryerson Holding Corp), Confidentiality, Non Competition and Non Solicitation Agreement (Ryerson Holding Corp)

No Mitigation. In no event shall the Executive be obligated to seek other employment or take any other action by way of mitigation of the amounts payable to the Executive under any of the provisions of this Agreement and such amounts Agreement, nor shall not the amount of any payment hereunder be reduced, regardless of whether reduced by any compensation earned by the Executive obtains other as a result of subsequent employment.

Appears in 5 contracts

Samples: Employment Agreement (Seacoast Banking Corp of Florida), Employment Agreement (Seacoast Banking Corp of Florida), Employment Agreement (SOCIAL REALITY, Inc.)

No Mitigation. In no event shall the Executive be obligated to seek other employment or take any other action by way of mitigation of the amounts payable to the Executive under any of the provisions of this Agreement and such amounts shall not be reduced, regardless of whether the Executive obtains other employmentemployment (except as otherwise provided in Section 5(a)(iii) of this Agreement with respect to the payment of COBRA premiums).

Appears in 5 contracts

Samples: Employment Agreement (Cencora, Inc.), Employment Agreement (Cencora, Inc.), Employment Agreement (Amerisourcebergen Corp)

No Mitigation. In no event shall the Executive be obligated to seek other employment or take any other action by way of mitigation of to mitigate the amounts payable to the Executive under any of the provisions of this Agreement and such amounts Agreement, nor shall the amount of any payment hereunder be reduced by any compensation earned as a result of Executive's employment by another employer, except that any continued welfare benefits provided for by Section 6.3(f) or Section 6.4(c) shall not duplicate any benefits that are provided to Executive and his family by such other employer and shall be reduced, regardless of whether the Executive obtains secondary to any coverage provided by such other employmentemployer.

Appears in 5 contracts

Samples: Employment Agreement (Amcol International Corp), Employment Agreement (Amcol International Corp), Employment Agreement (Amcol International Corp)

No Mitigation. In no event shall the Executive be obligated to seek other employment or take any other action by way of in mitigation of the amounts payable to the Executive under any pursuant to (S) 4 hereof, and the employment of the provisions Executive after the termination of this Agreement and such amounts the Executive's employment by the Company shall not be reduced, regardless of whether affect in any way or offset any amounts payable to the Executive obtains other employmentpursuant to this Agreement.

Appears in 5 contracts

Samples: Employment Agreement (Dan River Inc /Ga/), Employment Agreement (Dan River Inc /Ga/), Employment Agreement (Dan River Inc /Ga/)

No Mitigation. In no event shall the Executive be obligated to seek other employment or take any other action by way of mitigation of the amounts payable to the Executive under any of the provisions of this Agreement Agreement. Except as otherwise set forth herein with respect to medical, health, prescription drug, dental, disability, accident and such amounts life insurance, the severance benefits payable to the Executive hereunder shall not be reduced, regardless of whether the Executive obtains subject to reduction for any compensation received from other employment.

Appears in 5 contracts

Samples: Employment Agreement (Quad/Graphics, Inc.), Employment Agreement (Quad/Graphics, Inc.), Employment Agreement (Quad/Graphics, Inc.)

No Mitigation. In no event shall the Executive be obligated to seek other employment or take any other action by way of mitigation of the amounts payable to the Executive under any of the provisions of this Agreement and and, except as provided in Section 4(d), such amounts shall not be reduced, regardless of reduced whether or not the Executive obtains other employment.

Appears in 5 contracts

Samples: Severance Agreement (BlueLinx Holdings Inc.), Severance Agreement (BlueLinx Holdings Inc.), Severance Agreement (BlueLinx Holdings Inc.)

No Mitigation. In no event shall the Executive be obligated to seek other employment or to take any other action by way of mitigation of the amounts payable to the Executive under any of the provisions of this Agreement and such amounts shall not be reduced, regardless of reduced (except to the extent set forth in Section 6(a)(ii)) whether or not the Executive obtains other employment.

Appears in 5 contracts

Samples: Employment Agreement (Marshall & Ilsley Corp/Wi/), Employment Agreement (Marshall & Ilsley Corp/Wi/), Employment Agreement (Marshall & Ilsley Corp/Wi/)

No Mitigation. In no event shall the Executive be obligated to seek other employment or take any other action by way of mitigation of the amounts payable to the Executive under any of the provisions of this Agreement and and, except as provided in Section 4(b), such amounts shall not be reduced, regardless of reduced whether the or not Executive obtains other employment.

Appears in 5 contracts

Samples: Change in Control Severance Agreement (Group 1 Software Inc), Change in Control Severance Agreement (Republic Bancorp Inc), Change in Control Severance Agreement (Republic Bancorp Inc)

No Mitigation. In no event shall the Executive be obligated to seek other employment or take any other action by way of mitigation of the amounts payable to the Executive under any of the provisions of this Agreement and and, except as specifically provided in Section 4(c)(iii) above, such amounts shall not be reduced, regardless of whether the Executive obtains other employment.

Appears in 5 contracts

Samples: Employment Agreement (Keebler Foods Co), Employment Agreement (Keebler Foods Co), Employment Agreement (Kellogg Co)

No Mitigation. In no event shall the Executive be obligated to seek other employment or take any other action by way of mitigation of the amounts payable to the Executive under any of the provisions of this Agreement and such amounts shall not be reduced, regardless of reduced whether the or not Executive obtains other employment.

Appears in 5 contracts

Samples: Change in Control and Restrictive Covenant Agreement (Williams Companies, Inc.), Change in Control and Restrictive Covenant Agreement (Williams Companies, Inc.), Change in Control and Restrictive Covenant Agreement (Williams Companies Inc)

No Mitigation. In no event shall the Executive be obligated to seek other employment or take any other action by way of mitigation of the amounts payable to the Executive under any of the provisions of this Agreement and such amounts Section 3, nor, other than as provided in Section 3(c), shall not the amount of any payment hereunder be reduced, regardless reduced by any compensation earned by Executive as a result of whether the Executive obtains other subsequent employment.

Appears in 5 contracts

Samples: Change in Control and Severance Agreement, Change in Control and Severance Agreement (Bebe Stores, Inc.), Change in Control and Severance Agreement (Bebe Stores, Inc.)

No Mitigation. In no event shall the Executive be obligated to seek other employment or take any other action by way of mitigation of the any amounts payable to the Executive under any of the provisions of this Agreement pursuant to Section 4 and such amounts shall not be reduced, regardless of reduced whether the or not Executive obtains other employment (including self-employment).

Appears in 4 contracts

Samples: Employment Agreement, Employment Agreement (Merus N.V.), Employment Agreement (Merus N.V.)

No Mitigation. In Except as provided in section 6(c)(v), in no event shall the Executive be obligated to seek other employment or take any other action by way of mitigation of the amounts payable to the Executive under any of the provisions of this Agreement and such amounts Agreement, nor shall not the amount of any payment hereunder be reduced, regardless of whether reduced by any compensation earned by the Executive obtains other as a result of subsequent employment.

Appears in 4 contracts

Samples: Employment Agreement (Everest Reinsurance Holdings Inc), Employment Agreement (Everest Group, Ltd.), Employment Agreement (Everest Reinsurance Holdings Inc)

No Mitigation. In no event shall the Executive be obligated to seek other employment or take any other action by way of mitigation of the amounts payable to the Executive under any of the provisions of this Agreement and Agreement, and, except as set forth in Section 6.2(a)(v) hereof, such amounts shall not be reduced, regardless of reduced whether the or not Executive obtains other employment.

Appears in 4 contracts

Samples: Employment Agreement (Vishay Precision Group, Inc.), Employment Agreement (Vishay Precision Group, Inc.), Employment Agreement (Vishay Precision Group, Inc.)

No Mitigation. In no event shall will the Executive be obligated to seek other employment or take any other action by way of mitigation of the amounts payable to the Executive under any of the provisions of this Agreement Agreement, and such amounts shall will not be reduced, regardless of reduced whether or not the Executive obtains other employment.

Appears in 4 contracts

Samples: Executive Employment Agreement (Innovative Food Holdings Inc), Executive Employment Agreement (Innovative Food Holdings Inc), Executive Employment Agreement (Innovative Food Holdings Inc)

No Mitigation. In no event shall the Executive be obligated to seek other employment or take any other action by way of mitigation of the any amounts payable to the Executive under any of the provisions of this Agreement Section 4(a) hereof and such amounts shall not be reduced, regardless of reduced whether or not the Executive obtains other employment.

Appears in 4 contracts

Samples: Employment Agreement (PlayAGS, Inc.), Employment Agreement (PlayAGS, Inc.), Employment Agreement (AP Gaming Holdco, Inc.)

No Mitigation. In no event shall the Executive be ------------- obligated to seek other employment or take any other action by way of mitigation of to mitigate the amounts payable to the Executive under any of the provisions of this Agreement and such amounts Agreement, nor shall the amount of any payment hereunder be reduced by any compensation earned as a result of Executive's employment by another employer, except that any continued welfare benefits provided for by Section 6.3(f) or Section 6.4(c) shall not duplicate any benefits that are provided to Executive and his family by such other employer and shall be reduced, regardless of whether the Executive obtains secondary to any coverage provided by such other employmentemployer.

Appears in 4 contracts

Samples: Employment Agreement (Amcol International Corp), Employment Agreement (Amcol International Corp), Employment Agreement (Amcol International Corp)

No Mitigation. In no event shall the Executive be obligated to seek other employment or take any other action by way of mitigation of the amounts payable to the Executive under any of the provisions of this Agreement and and, except as specifically provided in Section 6(b), such amounts shall not be reduced, regardless of whether reduced if the Executive obtains other employment.

Appears in 4 contracts

Samples: Employment Agreement (Clorox Co /De/), Employment Agreement (Clorox Co /De/), Employment Agreement (Clorox Co /De/)

No Mitigation. In no event shall the Executive be obligated to seek other employment or take any other action by way of mitigation of the amounts payable to the Executive under any of the provisions of this Agreement and and, except as specifically provided in this Agreement, such amounts shall not be reduced, regardless of whether the Executive obtains other employment.

Appears in 4 contracts

Samples: Employment Agreement (Dictaphone Corp /De), Employment Agreement (Dictaphone Corp /De), Employment Agreement (Dictaphone Corp /De)

No Mitigation. In no event shall the Executive be obligated to seek other employment or take any other action by way of mitigation of to mitigate the amounts payable to the Executive under any of the provisions of this Agreement and such amounts Agreement, nor shall not the amount of any payment hereunder be reducedreduced by any compensation earned as a result of Executive’s employment by another employer, regardless except that any continued welfare benefits may be reduced as provided for by the last paragraph of whether the Executive obtains other employmentSection 10(a).

Appears in 3 contracts

Samples: Employment Agreement (Valuevision Media Inc), Employment Agreement (Valuevision Media Inc), Employment Agreement (Valuevision Media Inc)

No Mitigation. In no event shall the Executive be obligated to seek other employment or take any other action by way of mitigation of the amounts payable to the Executive under any of the provisions of this Agreement Agreement, and compensation earned from such amounts employment or otherwise shall not be reduced, regardless of whether reduce the Executive obtains other employmentamounts otherwise payable under this Agreement.

Appears in 3 contracts

Samples: Employment Agreement (Claires Stores Inc), Employment Agreement (Claires Stores Inc), Employment Agreement (Claires Stores Inc)

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No Mitigation. In no event shall the Executive be obligated to seek other employment or take any other action by way of mitigation of the amounts payable to the Executive under any of the provisions of this Agreement hereof and such amounts shall not be reduced, regardless of reduced whether the or not Executive obtains other employment.

Appears in 3 contracts

Samples: Employment Agreement (Navigant Consulting Inc), Employment Agreement (Navigant Consulting Inc), Employment Agreement (Navigant Consulting Inc)

No Mitigation. In no event shall the Executive be obligated to seek other employment or take any other action by way of mitigation of the amounts payable to the Executive under any of the provisions of this Agreement and such amounts and, except as specifically provided in Section 5(c)(ii) hereof, the amount of any payment or benefit provided for in this Agreement shall not be reduced, regardless of whether reduced by any compensation or benefits earned by the Executive obtains other as the result of employment by another employer or any self-employment.

Appears in 3 contracts

Samples: Employment Agreement (Temple Inland Inc), Employment Agreement (Guaranty Financial Group Inc.), Employment Agreement (Forestar Real Estate Group LLC)

No Mitigation. In no event shall the Executive be obligated to seek other employment or take any other action by way of mitigation to attempt to reduce any of the amounts payable to the Executive under any of the provisions of this Agreement and such Agreement. Further, except as otherwise provided under Section 2(b), amounts or benefits hereunder shall not be reduced, regardless of whether reduced if the Executive obtains other employment.

Appears in 3 contracts

Samples: Management Continuity Agreement (Macerich Co), Management Continuity Agreement (Macerich Co), Management Continuity Agreement (Macerich Co)

No Mitigation. In no event shall the Executive be obligated obliged to seek other employment or take any other action by way of mitigation of the amounts payable to the Executive under any of the provisions of this Agreement and such amounts Agreement, nor shall not the amount of any payment hereunder be reduced, regardless of whether reduced by any compensation earned by the Executive obtains other employmentas a result of employment by another employer, except as provided in Section 14(b) hereof.

Appears in 3 contracts

Samples: Executive Employment Agreement (Champion Enterprises Inc), Executive Employment Agreement (Champion Enterprises Inc), Executive Employment Agreement (Champion Enterprises Inc)

No Mitigation. In no event shall the Executive be obligated to seek other employment or take any other action by way of mitigation of the amounts payable to the Executive under any of the provisions of this Agreement and such any amounts payable pursuant to this or Section 11 shall not be reduced, regardless of whether reduced by compensation the Executive obtains other employmentearns on account of employment with another employer.

Appears in 3 contracts

Samples: Employment Agreement (Perspective Therapeutics, Inc.), Employment Agreement (Perspective Therapeutics, Inc.), Employment Agreement (Perspective Therapeutics, Inc.)

No Mitigation. In no event shall the Executive be obligated to seek other employment or take any other action by way of mitigation of the amounts payable to the Executive under any of the provisions of this Agreement and such amounts shall not be reduced, regardless of subject to offset or otherwise reduced whether the or not Executive obtains other employment. The Company’s obligation to make any payment pursuant to, and otherwise to perform its obligations under, this Agreement shall not be affected by any offset, counterclaim or other right that the Company may have against Executive for any reason.

Appears in 3 contracts

Samples: Employment Agreement (Six Flags, Inc.), Employment Agreement (Inventiv Health Inc), Employment Agreement (Ventiv Health Inc)

No Mitigation. In no event shall the Executive be obligated to seek other employment or take any other action by way of mitigation of to mitigate the amounts payable to the Executive under any of the provisions of this Agreement and such amounts Agreement, nor shall not the amount of any payment hereunder be reduced, regardless reduced by any compensation earned as a result of whether the Executive obtains other employmentExecutive’s employment by another employer.

Appears in 3 contracts

Samples: Separation Agreement (EVINE Live Inc.), Separation Agreement (EVINE Live Inc.), Separation Agreement (Valuevision Media Inc)

No Mitigation. In no event shall the Executive be obligated to seek ------------- other employment or to take any other action by way of mitigation of to mitigate the amounts payable to the Executive under any of the provisions of this Agreement and such amounts Agreement, nor shall the amount of any payment hereunder be reduced by any compensation earned as a result of Executive's employment by another employer, except that any continued welfare benefits provided for by Section 7.3(a)(v) shall not duplicate any benefits that are provided to Executive and his family by such other employer and shall be reduced, regardless of whether the Executive obtains secondary to any coverage provided by such other employmentemployer.

Appears in 3 contracts

Samples: Employment Agreement (Wki Holding Co Inc), Employment Agreement (Wki Holding Co Inc), Employment Agreement (Wki Holding Co Inc)

No Mitigation. In no event shall the Executive be obligated to seek other employment or take any other action by way of mitigation of the amounts payable to the Executive under any of the provisions of this Agreement Agreement, and such amounts shall not be reduced, regardless reduced as a result of whether the Executive obtains obtaining other employment.

Appears in 2 contracts

Samples: Employment Agreement (Sei Investments Co), Employment Agreement (Sei Investments Co)

No Mitigation. In no event shall the Executive be obligated to seek other employment or take any other action by way of mitigation of the amounts payable to the Executive under any of the provisions of this Agreement and and, except as specifically provided in Section 6(f)(iii) (health benefits) above, such amounts shall not be reduced, regardless of whether the Executive obtains other employment.

Appears in 2 contracts

Samples: Employment Agreement (Digitas Inc), Employment Agreement (Digitas Inc)

No Mitigation. In no event shall the Executive be obligated to seek other employment or take any other action by way of mitigation of the amounts payable to the Executive under any of the provisions of this Agreement and such amounts shall not be reduced, regardless of subject to offset or otherwise reduced whether the or not Executive obtains other employment. The Company's obligation to make any payment pursuant to, and otherwise to perform its obligations under, this Agreement shall not be affected by any offset, counterclaim or other right that the Company may have against Executive for any reason.

Appears in 2 contracts

Samples: Employment Agreement (Six Flags, Inc.), Employment Agreement (Six Flags Inc)

No Mitigation. In no event shall the Executive be obligated to seek other ------------- employment or take any other action by way of mitigation of the amounts payable to the Executive under any of the provisions of this Agreement provision hereof, and such amounts shall not be reduced, regardless of reduced whether the or not Executive obtains other employmentemployment except to the extent contemplated by Section 2.3 hereof.

Appears in 2 contracts

Samples: Change in Control Severance Agreement (Raytheon Co/), Change in Control Severance Agreement (Raytheon Co/)

No Mitigation. In no event shall the Executive be obligated to seek other ------------- employment or to take any other action by way of mitigation of to mitigate the amounts payable to the Executive under any of the provisions of this Agreement and such amounts Agreement, nor shall the amount of any payment hereunder be reduced by any compensation earned as a result of Executive's employment by another employer, except that any continued welfare benefits provided for by Section 7.3(a)(vi) shall not duplicate any benefits that are provided to Executive and his family by such other employer and shall be reduced, regardless of whether the Executive obtains secondary to any coverage provided by such other employmentemployer.

Appears in 2 contracts

Samples: Employment Agreement (Wki Holding Co Inc), Employment Agreement (Wki Holding Co Inc)

No Mitigation. In no event shall the will Executive be obligated to seek other employment or take any other action by way of mitigation of the amounts payable to the Executive under any of the provisions Section 7 of this Agreement and such amounts shall not be reduced, regardless of whether the Executive obtains other employmentAgreement.

Appears in 2 contracts

Samples: Executive Employment Agreement (Adcare Health Systems, Inc), Executive Employment Agreement (Adcare Health Systems, Inc)

No Mitigation. In no event shall the Executive be obligated to seek other employment or take any other action by way of mitigation of the amounts payable to the Executive under any of the provisions of this Agreement Agreement, and such amounts shall not be reduced, regardless of reduced whether the or not Executive obtains other employment.

Appears in 2 contracts

Samples: Employment Agreement (Vishay Intertechnology Inc), Employment Agreement (Vishay Intertechnology Inc)

No Mitigation. In no event shall the Executive be obligated to seek other employment or take any other action by way of mitigation of the amounts payable to the Executive under any of the provisions of this Agreement and such amounts shall not be reduced, regardless of reduced whether the or not Executive obtains other employment.

Appears in 2 contracts

Samples: Employment Agreement (Vishay Precision Group, Inc.), Employment Agreement (Vishay Precision Group, Inc.)

No Mitigation. In no event shall the Executive be obligated to seek other employment or take any other action by way of mitigation of the amounts payable to the Executive under any of the provisions of this Agreement Agreement, and such amounts shall not be reduced, regardless of reduced whether or not the Executive obtains other employment. The amounts payable hereunder shall not be subject to setoff, counterclaim, recoupment, defense or other right which the Company may have against Executive or others not arising under this Agreement.

Appears in 2 contracts

Samples: Employment Agreement, Employment Agreement (BeiGene, Ltd.)

No Mitigation. In no event shall the Executive be obligated to seek other employment or take any other action by way of mitigation of the amounts payable to the Executive under any of the provisions of this Agreement and, except as specifically provided in Section 5(a)(ii) and 5(b)(ii) of this Agreement, such amounts shall not be reduced, regardless of whether the Executive obtains other employment.

Appears in 2 contracts

Samples: Employment Agreement (Burns International Services Corp), Employment Agreement (Borg Warner Security Corp)

No Mitigation. In no event shall the Executive be obligated to seek other employment or take any other action by way of mitigation of the amounts (including amounts for damages for breach) payable to the Executive under any of the provisions of this Agreement and such amounts shall not be reduced, regardless of reduced whether or not the Executive obtains other employment.

Appears in 2 contracts

Samples: Retention Agreement (Panamsat Corp /New/), Retention Agreement (Panamsat Corp /New/)

No Mitigation. In Except as provided in Section 6(c)(v), in no event shall the Executive be obligated to seek other employment or take any other action by way of mitigation of the amounts payable to the Executive under any of the provisions of this Agreement and such amounts Agreement, nor shall not the amount of any payment hereunder be reduced, regardless reduced by any compensation earned by Executive as a result of whether the Executive obtains other subsequent employment.

Appears in 2 contracts

Samples: Employment Agreement (Everest Reinsurance Holdings Inc), Employment Agreement (Everest Group, Ltd.)

No Mitigation. In no event shall the Executive be obligated to seek ------------- other employment or to take any other action by way of mitigation of to mitigate the amounts payable to the Executive under any of the provisions of this Agreement and such amounts Agreement, nor shall the amount of any payment hereunder be reduced by any compensation earned as a result of Executive's employment by another employer, except that any continued welfare benefits provided for by Section 7.3(a)(vi) shall not duplicate any benefits that are provided to Executive and his family by such other employer and shall be reduced, regardless of whether the Executive obtains secondary to any coverage provided by such other employmentemployer.

Appears in 2 contracts

Samples: Employment Agreement (Wki Holding Co Inc), Employment Agreement (Wki Holding Co Inc)

No Mitigation. In no event shall the Executive be obligated to seek other employment or take any other action by way of mitigation of the amounts payable to the Executive under any of the provisions of this Agreement and such amounts shall not be reduced, regardless of reduced (except to the extent expressly set forth herein) whether or not the Executive obtains other employment.

Appears in 2 contracts

Samples: Annual Report, Employment Agreement (Kohls Corporation)

No Mitigation. In no event shall the Executive be obligated to seek other employment or take any other action by way of mitigation of to mitigate the amounts payable to the Executive under any of the provisions of this Agreement and such amounts Agreement, nor shall not the amount of any payment hereunder be reducedreduced by any compensation earned as a result of Executive’s employment by another employer, regardless of whether the Executive obtains other employmentexcept that any continued welfare benefits may be reduced as provided for by Section 10(a).

Appears in 2 contracts

Samples: Employment Agreement (Advanced BioEnergy, LLC), Employment Agreement (Advanced BioEnergy, LLC)

No Mitigation. In no event shall the will Executive be obligated to seek other employment or take any other action by way of mitigation of the amounts payable to the Executive under any of the provisions of this Agreement and such amounts shall will not be reduced, regardless of reduced whether or not the Executive obtains other employment.

Appears in 2 contracts

Samples: Employment Agreement (Internap Corp), Employment Agreement (Internap Corp)

No Mitigation. In no event shall the Executive be obligated to seek other employment or take any other action by way of mitigation of the amounts payable to the Executive under any of the provisions of this Agreement Agreement, and such amounts shall not be reduced, regardless of reduced whether or not the Executive obtains other employment. The amounts payable hereunder shall not be subject to setoff, counterclaim, recoupment, defense or other right which the US Co. may have against Executive or others not arising under this Agreement.

Appears in 2 contracts

Samples: Employment Agreement, Employment Agreement (BeiGene, Ltd.)

No Mitigation. In no event shall the Executive be obligated to seek other employment or take any other action by way of mitigation of the amounts payable to the Executive under any of the provisions of this Agreement and such amounts Section 3, nor shall not the amount of any payment hereunder be reduced, regardless reduced by any compensation earned by Executive as a result of whether the Executive obtains other subsequent employment.

Appears in 2 contracts

Samples: Separation Agreement (ViewRay, Inc.), Separation Agreement (ViewRay, Inc.)

No Mitigation. In no event The Executive shall the Executive not be obligated to seek other employment or take any other action by way of mitigation of the amounts payable to the Executive under any of the provisions of this Agreement and such amounts shall not be reduced, regardless of reduced (except to the extent set forth in Paragraphs 8(b)(ii) and 8(c)(ii) hereof) whether or not the Executive obtains other employment.

Appears in 1 contract

Samples: Employment Agreement (First Franklin Corp)

No Mitigation. In no event shall the Executive be obligated to seek other employment or take any other action by way of mitigation of the amounts payable to the Executive under any of the provisions of this Agreement and such amounts Agreement, nor shall not the amount of any payment hereunder be reduced, regardless reduced by any compensation earned by Executive as a result of whether the Executive obtains other employmentemployment by a subsequent employer.

Appears in 1 contract

Samples: Employment Agreement (Fti Consulting Inc)

No Mitigation. In no event shall the Executive be obligated to seek other employment or take any other action by way of mitigation of the any amounts payable to the Executive under any of the provisions of this Agreement and such amounts shall not be reduced, regardless of reduced whether or not the Executive obtains other employment.

Appears in 1 contract

Samples: Employment Agreement (Pinnacle Financial Partners Inc)

No Mitigation. In no event shall the Executive be obligated to seek other employment or take any other action by way of mitigation of the amounts payable to the Executive under any of the provisions of this Agreement and such amounts Agreement, nor shall not any payment hereunder be reduced, regardless reduced by any compensation earned by Executive as a result of whether the Executive obtains other employmentany subsequent employment (except in connection with COBRA benefits provided under Section 6(c) or Section 7(b)).

Appears in 1 contract

Samples: Employment Agreement (Onto Innovation Inc.)

No Mitigation. In no event shall s hall the Executive be obligated to seek other employment or take any other action by way of mitigation of the amounts payable to the Executive under any of the provisions of this Agreement and such amounts shall not be reduced, regardless of whether the Executive obtains other employment.

Appears in 1 contract

Samples: Employment Agreement (PharMerica CORP)

No Mitigation. In no event shall the Executive be obligated to seek other employment or take any other action by way of mitigation of the amounts payable to the Executive under any of the provisions of this Agreement and such amounts the amount of any payment or benefit provided for in this Agreement shall not be reduced, regardless of whether reduced by any compensation or benefits earned by the Executive obtains other as the result of employment by another employer or any self-employment.

Appears in 1 contract

Samples: Employment Agreement (Forestar Group Inc.)

No Mitigation. In no event shall the Executive be obligated to seek other employment or take any other action by way of mitigation of to mitigate the amounts payable to the Executive under any of the provisions of this Agreement and such amounts Agreement, nor shall not the amount of any payment hereunder be reducedreduced by any compensation earned as a result of Executive’s employment by another employer, regardless except that any continued Separation Benefits may be reduced as provided for by Section 3(e) of whether the Executive obtains other employmentthis Agreement.

Appears in 1 contract

Samples: Separation Agreement (Regional Management Corp.)

No Mitigation. In no event shall the Executive be obligated to seek other employment or take any other action by way of mitigation of the amounts payable to the Executive under any of the provisions of this Employment Agreement and such amounts shall not be reduced, regardless of whether the Executive obtains other employment.

Appears in 1 contract

Samples: Employment Agreement (Hilton Hotels Corp)

No Mitigation. In no event shall the Executive be obligated to seek other employment or take any other action by way of mitigation of the amounts payable to the Executive under any of the provisions of this Agreement and such amounts shall not be reduced, regardless of whether the Executive obtains other employment.the

Appears in 1 contract

Samples: Employment Agreement (Six Flags Entertainment Corp)

No Mitigation. In no event shall the Executive be obligated to ------------- seek other employment or take any other action by way of mitigation of the amounts payable to the Executive under any of the provisions of this Agreement and and, except as specifically provided in Section 6(e)(ii) (Group Health Benefits) above, such amounts shall not be reduced, regardless of whether the Executive obtains other employment.

Appears in 1 contract

Samples: Employment Agreement (Digitas Inc)

No Mitigation. In no event shall the Executive be obligated ------------- to seek other employment or take any other action by way of mitigation of the amounts payable to the Executive under any of the provisions of this Agreement and and, except as specifically provided in Section 6(e)(ii) (health benefits) above, such amounts shall not be reduced, regardless of whether the Executive obtains other employment.

Appears in 1 contract

Samples: Employment Agreement (Digitas Inc)

No Mitigation. In no event shall the Executive be obligated to seek other employment or take any other action by way of mitigation of the amounts payable to the Executive under any of the provisions of this Agreement Agreement, and such amounts amounts, other than medical benefits provided in Section 5(d) or Section 5(e), shall not be reduced, regardless of reduced whether or not the Executive obtains other employment.

Appears in 1 contract

Samples: Employment Agreement (Winn Dixie Stores Inc)

No Mitigation. In no event shall the Executive be obligated to seek other employment or take any other action by way of mitigation of the amounts payable to the Executive under any of the provisions of this Agreement and such amounts shall not be reducedreduced or otherwise subject to offset in any manner (including by any claims the Company or any of its subsidiaries and/or affiliates may have against the Executive), regardless of whether the Executive obtains other employment.

Appears in 1 contract

Samples: Employment Agreement (Teva Pharmaceutical Industries LTD)

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