No Mitigation. Executive shall not be required to mitigate damages or the amount of any payment provided for under this Agreement by seeking other employment or otherwise, nor shall the amount of any payment provided for under this Agreement be reduced by any compensation earned by Executive as the result of employment by another employer after the date of termination, or otherwise, except for health insurance benefits as set forth herein.
Appears in 16 contracts
Samples: Employment Agreement (Alto Ingredients, Inc.), Employment Agreement (Alto Ingredients, Inc.), Employment Agreement (Alto Ingredients, Inc.)
No Mitigation. Executive shall not be required to mitigate damages or the amount of any payment payments provided for under pursuant to this Agreement Agreement, whether by seeking other employment or otherwise, ; nor shall the amount of any payment provided for or benefit due under this Agreement be set-off in any manner, or reduced by any compensation earned by or benefit that Executive as the result of employment by another employer earns after the date of termination, or otherwise, except for health insurance benefits as set forth hereinhis discharge.
Appears in 13 contracts
Samples: Change in Control Agreement (Sterling Bancorp), Change in Control Agreement (Sterling Bancorp), Change in Control Agreement (Hudson Valley Holding Corp)
No Mitigation. Executive shall not be required to mitigate damages or the amount of any payment provided for under this Agreement by seeking other employment or otherwise after the termination of his employment hereunder, and any amounts earned by Executive, whether from self-employment, as a common-law employee or otherwise, nor shall not reduce the amount of any payment provided for under this Agreement be reduced by any compensation earned by Executive as the result of employment by another employer after the date of termination, or otherwise, except for health insurance benefits as set forth hereinotherwise payable to him.
Appears in 12 contracts
Samples: Employment Agreement (AzurRx BioPharma, Inc.), Employment Agreement (Marizyme Inc), Employment Agreement (AzurRx BioPharma, Inc.)
No Mitigation. The Executive shall not be required to seek other employment or to attempt in any way to reduce or mitigate damages or any benefits payable under this Agreement, and the amount of any payment such benefits shall not (except as otherwise provided for under this Agreement by seeking other employment or otherwise, nor shall the amount of any payment provided for under this Agreement in Section 2.1(b) herein) be reduced by any other compensation earned by paid or provided to the Executive as following the result Executive’s termination of employment by another employer after the date of termination, or otherwise, except for health insurance benefits as set forth hereinservice.
Appears in 9 contracts
Samples: Severance Agreement (Hilton Grand Vacations Inc.), Severance Agreement (Hilton Grand Vacations Inc.), Severance Agreement (Hilton Grand Vacations Inc.)
No Mitigation. Executive shall not be required to mitigate damages or the amount of any payment or benefit provided for under in this Agreement or the Benefits plans by seeking other employment or otherwise, nor shall the amount of any payment or benefit provided for under in this Agreement or the Benefits plans be reduced by any compensation or benefits earned by Executive either as the a result of his engaging in business or his employment by another employer employer, or by retirement benefits payable after the date termination of termination, or otherwise, except for health insurance benefits as set forth hereinthis Agreement.
Appears in 8 contracts
Samples: Executive Employment Agreement (Pma Capital Corp), Executive Employment Agreement (Pma Capital Corp), Executive Employment Agreement (Pma Capital Corp)
No Mitigation. Except as otherwise specifically provided in this Agreement, the Executive shall not be required to mitigate damages or the amount of any payment payments provided for under by this Agreement by seeking other employment or otherwise, nor shall the amount of any payment or benefit provided for under in this Agreement be reduced by any compensation or benefit earned by the Executive as the result after termination of employment by another employer after the date of termination, or otherwise, except for health insurance benefits as set forth hereinhis employment.
Appears in 6 contracts
Samples: Employment Agreement (Helbiz, Inc.), Employment Agreement (Helbiz, Inc.), Employment Agreement (Jwiz, Inc.)
No Mitigation. Except as otherwise specifically provided herein, Executive shall not be required to mitigate damages or the amount of any payment provided for under this Agreement by seeking other employment or otherwise, nor shall the amount of any payment provided for under this Agreement be reduced by any compensation earned by Executive as the a result of employment by another employer or by retirement benefits after the date of terminationthe Termination Event, or otherwise, except for health insurance benefits as set forth herein.
Appears in 5 contracts
Samples: Severance Agreement (Verigy Ltd.), Severance Agreement (Verigy Ltd.), Severance Agreement (Verigy Ltd.)
No Mitigation. Executive shall not be required to mitigate damages or the amount of any payment provided for under this Agreement by seeking other employment or otherwise, nor shall the amount of any payment provided for under this Agreement be reduced by any compensation earned by Executive as the result of employment by another employer after the date Executive’s Date of termination, or otherwise, except for health insurance benefits as set forth hereinTermination.
Appears in 5 contracts
Samples: Executive Employment Agreement, Executive Employment Agreement (Del Frisco's Restaurant Group, Inc.), Executive Employment Agreement (Del Frisco's Restaurant Group, Inc.)
No Mitigation. In the event the Executive's employment with the -------------- Company terminates, the Executive shall not be required to mitigate damages or the amount of any payment provided for under this Agreement by seeking other employment or otherwise, nor shall the amount of any payment provided for under this Agreement be reduced by any compensation earned by the Executive as the a result of employment by another employer or by retirement benefits after the date of such termination, or otherwise, except for health insurance benefits as set forth herein.
Appears in 5 contracts
Samples: Employment Agreement (CBT Group PLC), Employment Agreement (CBT Group PLC), Employment Agreement (CBT Group PLC)
No Mitigation. The Executive shall not be required to mitigate damages or the amount of any salary or other payment or benefit provided for under in this Agreement by seeking other employment or otherwise, nor shall the amount of any payment or benefit provided for under in this Agreement be reduced by any compensation earned by the Executive as the result of employment by another employer employer, by retirement benefits after the date of termination, termination or otherwise, except for health insurance benefits as set forth herein.
Appears in 4 contracts
Samples: Employment Agreement (First Federal Financial Services Corp), Employment Agreement (First Federal Financial Services Corp), Employment Agreement (FFW Corp)
No Mitigation. The Executive shall not be required to mitigate damages or ------------- the amount of any payment or benefit provided for under in this Agreement by seeking other employment or otherwise, nor shall the amount of any payment or benefit provided for under in this Agreement be reduced by any compensation earned by Executive as the result of other employment by another employer after the date of termination, or otherwise, except for health insurance benefits as set forth herein.
Appears in 3 contracts
Samples: Employment Agreement (Amerisource Distribution Corp), Employment Agreement (Amerisource Distribution Corp), Employment Agreement (McKesson Corp)
No Mitigation. The Executive shall not be required to mitigate damages or the amount of any salary or other payment or benefit provided for under in this Agreement by seeking other employment or otherwise, nor shall the amount of any payment or benefit provided for under in this Agreement be reduced by any compensation earned by the Executive as the result of employment by another employer employer, by retirement benefits after the date Date of termination, Termination or otherwise, except for health insurance benefits as set forth herein.
Appears in 3 contracts
Samples: Employment Agreement (Sound Financial Bancorp, Inc.), Employment Agreement (Sound Financial Bancorp, Inc.), Employment Agreement (Citizens Community Bancorp Inc.)
No Mitigation. Executive shall not be required to mitigate damages or the amount of any payment provided for under this Agreement by seeking other employment or otherwise, nor shall the amount of any payment provided for under this Agreement be reduced by any compensation earned by Executive as the a result of employment by another employer after the date of terminationemployer, or otherwise, except for health insurance benefits as set forth herein.
Appears in 3 contracts
Samples: Employment Agreement (Symposium Corp), Employment Agreement (Cross Media Marketing Corp), Employment Agreement (Cross Media Marketing Corp)
No Mitigation. The Executive shall not be required to mitigate damages or the amount of any payment payments provided for under by this Agreement by seeking other employment or otherwise, nor shall the amount of any payment or benefit provided for under in this Agreement be reduced by any compensation or benefit earned by the Executive as the result of employment by another employer after the date of her termination, or otherwise, except for health insurance benefits as set forth herein.
Appears in 3 contracts
Samples: Stay Bonus Agreement (Jpe Inc), Executive Severance Agreement (Jpe Inc), Stay Bonus Agreement (Jpe Inc)
No Mitigation. The Executive shall not be required to mitigate damages or the amount of any payment provided for benefits under this Agreement by seeking other employment or otherwise, nor shall the amount of any payment . The benefits to be provided for under pursuant to this Agreement shall not be reduced by any compensation earned by or benefits payable or provided to the Executive as the a result of employment by another employer after the date of termination, termination or otherwise, except for health insurance benefits as set forth herein.
Appears in 3 contracts
Samples: Employment Agreement (Specialty Underwriters Alliance, Inc.), Employment Agreement (Specialty Underwriters Alliance, Inc.), Employment Agreement (Specialty Underwriters Alliance, Inc.)
No Mitigation. Executive shall not be required to mitigate damages or the amount of any payment provided for under this Agreement by seeking other employment or otherwise, nor shall the amount of any payment provided for under this Agreement be reduced by any compensation earned by Executive as the a result of employment by another employer after the date of termination, or otherwise, except for health insurance benefits as set forth hereinemployer.
Appears in 3 contracts
Samples: Employment Agreement (Leapfrog Enterprises Inc), Employment Agreement (Leapfrog Enterprises Inc), Employment Agreement (Leapfrog Enterprises Inc)
No Mitigation. The Executive shall not be required to mitigate damages or the amount of any payment provided for under this Agreement by seeking other employment or otherwise, nor shall the amount of any payment provided for under this Agreement be reduced by any compensation earned by the Executive as the a result of employment by another employer or otherwise after the date of termination, or otherwise, except for health insurance benefits as set forth hereintermination of the Executive's employment with the Company and its affiliates.
Appears in 2 contracts
Samples: Severance Agreement (Unbridled Energy CORP), Severance Agreement (Unbridled Energy CORP)
No Mitigation. The Executive shall not be required will have no obligation to mitigate damages damages, or seek other employment or compensation in the amount event of any payment provided for termination of employment governed by this Agreement, and, except as otherwise expressly provided, payments due to the Executive under this Agreement will not be offset by seeking compensation from other employment or otherwise, nor shall the amount of any payment provided for under this Agreement be reduced by any compensation earned by Executive as the result of employment by another employer after the date of termination, or otherwise, except for health insurance benefits as set forth hereinsources.
Appears in 2 contracts
Samples: Severance and Non Competition Agreement (Curtis Sub Inc), Severance and Non Competition Agreement (Curtis Sub Inc)
No Mitigation. The Executive shall not be required to mitigate damages or the amount of any salary or other payment or benefit provided for under in this Agreement by seeking other employment or otherwise, nor shall the amount of any payment or benefit provided for under in this Agreement be reduced by any compensation earned by the Executive as the result of employment by another employer another, by retirements after the date of termination, termination or otherwise, except for health insurance benefits as set forth herein.
Appears in 2 contracts
Samples: Employment Agreement (Guaranty Federal Bancshares Inc), Employment Agreement (Guaranty Federal Bancshares Inc)
No Mitigation. The Executive shall not be required to ------------- mitigate damages or the amount of any payment payments provided for under by this Agreement by seeking other employment or otherwise, nor shall the amount of any payment or benefit provided for under in this Agreement be reduced by any compensation or benefit earned by the Executive as the result after termination of employment by another employer after the date of termination, or otherwise, except for health insurance benefits as set forth hereinhis employment.
Appears in 2 contracts
Samples: Employment Agreement (Opinion Research Corp), Employment Agreement (Opinion Research Corp)
No Mitigation. Executive shall not be required to mitigate damages or the amount of any payment provided for under in this Agreement by seeking other employment or otherwise, nor shall the amount of any payment or benefit provided for under in this Agreement be reduced by any compensation earned by Executive as the result of employment by another employer after employer, by retirement benefits, by offset against any amount claimed to be owed by Executive to the date Company or any of termination, its Affiliates or otherwise, except for to the extent expressly provided in Section 2(a) with respect to the provision of group health insurance benefits as set forth hereinbenefits.
Appears in 2 contracts
Samples: Change in Control Severance Agreement (Visant Corp), Change in Control Severance Agreement (Visant Holding Corp)
No Mitigation. The Executive shall not be required to mitigate damages or with respect to any payments made pursuant to this Agreement, and no compensation received by Executive from other employment with respect to services rendered after the amount Date of any payment provided for Termination shall reduce the obligations of the Company under this Agreement by seeking other employment or otherwise, nor shall the amount of any payment provided for under this Agreement be reduced by any compensation earned by Executive as the result of employment by another employer after the date of termination, or otherwise, except for health insurance benefits as set forth hereinAgreement.
Appears in 2 contracts
Samples: Employment Agreement (Avado Brands Inc), Employment Agreement (Avado Brands Inc)
No Mitigation. The Executive shall not be required to mitigate damages or the amount of any payment severance payments or benefits provided for under this Agreement by seeking other employment or otherwise, nor shall any amounts to be received by the amount of any payment provided for Executive under this Agreement be reduced by any other compensation earned by Executive as the result of employment by another employer after the date of termination, or otherwise, except for health insurance benefits as set forth hereinearned. 5.
Appears in 1 contract
No Mitigation. Executive shall not be required to mitigate damages or the amount of any payment or benefit provided for under in this Agreement or the Company’s benefits plans by seeking other employment or otherwise, nor shall the amount of any payment or benefit provided for under in this Agreement or the Company’s benefits plans be reduced by any compensation or benefits earned by Executive either as the a result of his engaging in business or his employment by another employer employer, or by retirement benefits payable after the date termination of termination, or otherwise, except for health insurance benefits as set forth hereinthis Agreement.
Appears in 1 contract
Samples: Executive Retention Agreement (American Community Properties Trust)
No Mitigation. Executive shall not be required to mitigate damages or the amount of any payment provided for under this Agreement by seeking other employment or otherwise, nor shall the amount of any payment provided for under this Agreement be reduced by any compensation earned by Executive as the result of employment by another employer after the date Executive’s Date of termination, or otherwise, except for health insurance benefits as set forth herein.Termination. EMPLOYMENT AGREEMENT
Appears in 1 contract
Samples: Executive Employment Agreement (Del Frisco's Restaurant Group, LLC)
No Mitigation. No Offset. In the event of any termination of his employment hereunder, the Executive shall not be required to mitigate damages or the amount of any payment or benefit provided for under in this Agreement by seeking other employment or otherwise, nor otherwise and no such payment or benefit shall be offset or reduced by the amount of any payment compensation or benefit provided for under this Agreement be reduced by to the Executive in any compensation earned by Executive as the result of employment by another employer after the date of termination, or otherwise, except for health insurance benefits as set forth hereinsubsequent employment.
Appears in 1 contract
Samples: Employment Agreement
No Mitigation. The Executive shall not be required to mitigate damages or ------------- the amount of any payment or benefit provided for under in this Agreement by seeking other employment or otherwiseotherwise nor, nor except as provided herein, shall the amount of any payment provided for under in this Agreement be reduced by any compensation earned by the Executive as the result of his employment by another employer after the date of termination, or otherwise, except for health insurance benefits as set forth hereinemployer.
Appears in 1 contract
No Mitigation. Executive shall not be required to mitigate damages or the amount of any payment provided for under this Agreement by seeking other employment or otherwise, nor shall the amount of any payment provided for under this Agreement be reduced by any compensation . No amounts paid to or earned by Executive as the result following his termination of employment by another employer after with the date of termination, Company or otherwise, except for health insurance benefits as the Parent shall reduce or be set forth hereinoff against any amounts payable to Executive under this Agreement.
Appears in 1 contract
No Mitigation. The Executive shall not be required to mitigate damages or ------------- the amount of any payment payments provided for under by this Agreement by seeking other employment or otherwise, nor shall the amount of any payment or benefit provided for under in this Agreement be reduced by any compensation or benefit earned by the Executive as the result after termination of employment by another employer after the date of termination, or otherwise, except for health insurance benefits as set forth hereinhis employment.
Appears in 1 contract
No Mitigation. Executive shall not be required to mitigate damages or the amount of any payment or benefit provided for under in this Agreement or the Company’s benefits plans by seeking other employment or otherwise, nor shall the amount of any payment or benefit provided for under in this Agreement or the Company’s benefits plans be reduced by any compensation or benefits earned by Executive either as the a result of her engaging in business or his employment by another employer employer, or by retirement benefits payable after the date termination of termination, or otherwise, except for health insurance benefits as set forth hereinthis Agreement.
Appears in 1 contract
Samples: Executive Retention Agreement (American Community Properties Trust)
No Mitigation. Executive shall not be required to mitigate damages or with respect to the amount of any payment provided for under this Agreement by seeking other employment or otherwise, nor shall the amount of any payment provided for under this Agreement be reduced by retirement benefits, deferred compensation or any compensation earned by Executive as the a result of employment by another employer after the date of termination, or otherwise, except for health insurance benefits as set forth hereinemployer.
Appears in 1 contract
Samples: Employment Agreement (Rentrak Corp)
No Mitigation. Executive shall not be required to mitigate damages or ------------- the amount of any payment provided for under this Agreement by seeking other employment or otherwise, nor shall the amount of any payment provided for under this Agreement be reduced by any compensation . No amounts paid to or earned by Executive as the result following his termination of employment by another employer after with the date of termination, Company or otherwise, except for health insurance benefits as the Parent shall reduce or be set forth hereinoff against any amounts payable to Executive under this Agreement.
Appears in 1 contract
No Mitigation. The Executive shall not be required to mitigate damages or the amount of any payment provided for under this Agreement by seeking other employment or otherwise, nor shall the amount of any payment provided for under this Agreement Agreement, except as provided in Section 4(c) above, be reduced by any compensation earned by the Executive as the result of employment by another employer after the date Date of termination, Termination or otherwise, except for health insurance benefits as set forth herein.
Appears in 1 contract
Samples: Change in Control Severance Compensation Agreement (Transaction Systems Architects Inc)
No Mitigation. Executive shall not be required to mitigate damages or the amount of any payment provided for under this Agreement by seeking other employment or otherwise after the termination of her employment hereunder, and any amounts earned by Executive, whether from self-employment, as a common-law employee or otherwise, nor shall not reduce the amount of any payment provided for under this Agreement be reduced by any compensation earned by Executive as the result of employment by another employer after the date of termination, or otherwise, except for health insurance benefits as set forth hereinotherwise payable to him.
Appears in 1 contract
No Mitigation. Executive shall not be required to mitigate damages or the amount of any payment provided for under by this Agreement by seeking ------------- to seek other employment or otherwise, nor shall the amount otherwise to mitigate Executive's damages upon any termination of any payment provided for under this Agreement be reduced by any compensation earned by Executive as the result of employment by another employer after the date of termination, or otherwise, except for health insurance benefits as set forth hereinemployment.
Appears in 1 contract
No Mitigation. Executive shall not be required to mitigate damages or the amount resulting from her termination of any payment provided for under this Agreement by seeking other employment or otherwise, nor shall the amount of any payment or benefit provided for under in this Agreement be reduced by any compensation earned by Executive as the result of employment by another from any other employer after the date of termination, or otherwise, except for health insurance benefits as set forth hereinany other amounts paid or payable to Executive.
Appears in 1 contract
No Mitigation. Executive shall not be required to mitigate damages or the amount of any payment provided for under this Agreement by seeking other employment or otherwise, nor shall and except as expressly provided in Section 1.2(b) above, the amount of any payment provided for under this Agreement shall not be reduced by any compensation earned by Executive as the a result of employment by another employer or by retirement benefits received 2 after the date of terminationthe Covered Termination, or otherwise, except for health insurance benefits as set forth herein.
Appears in 1 contract
Samples: Executive Change in Control Severance Benefits Agreement (Broadsoft Inc)
No Mitigation. Executive shall not be required to mitigate damages or the amount of any payment provided for under or benefit contemplated by this Agreement upon his termination of employment (whether by seeking other now employment or otherwisein any other manner), nor shall the amount of any such payment provided for under this Agreement or benefit be reduced by any compensation earned by earnings or benefits that Executive as the result of employment by another employer after the date of termination, or otherwise, except for health insurance benefits as set forth hereinmay receive from any other source.
Appears in 1 contract
Samples: Executive Severance Agreement (Wackenhut Corrections Corp)