Common use of No Obligation to Mitigate Damages; No Effect on Other Contractual Rights Clause in Contracts

No Obligation to Mitigate Damages; No Effect on Other Contractual Rights. (a) 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 result of employment by another employer after the Date of Termination, or otherwise. (b) The provisions of this Agreement, and any payment provided for hereunder, shall not reduce any amounts otherwise payable, or in any way diminish the Executive's existing rights, or rights which would accrue solely as a result of the passage of time, under any benefit plan, incentive plan or stock option plan, employment agreement or other contract, plan or arrangement.

Appears in 19 contracts

Samples: Severance Compensation Agreement (O Charleys Inc), Severance Compensation Agreement (O Charleys Inc), Severance Compensation Agreement (O Charleys Inc)

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No Obligation to Mitigate Damages; No Effect on Other Contractual Rights. (a) 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 result of employment by another employer after the Date of Termination, or otherwise. (b) The provisions of this Agreement, and any payment provided for hereunder, shall not reduce any amounts otherwise payable, or in any way diminish the Executive's ’s existing rights, or rights which would accrue solely as a result of the passage of time, under any benefit planBenefit Plan, incentive plan Incentive Plan or stock option planSecurities Plan, employment agreement agreements or other contract, plan or arrangement.

Appears in 17 contracts

Samples: Executive Change of Control Agreement (Winnebago Industries Inc), Executive Change of Control Agreement (Winnebago Industries Inc), Executive Change of Control Agreement (Winnebago Industries Inc)

No Obligation to Mitigate Damages; No Effect on Other Contractual Rights. (a) 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 result of employment by another employer after the Date of Termination, or otherwise. (b) The provisions of this Agreement, and any payment provided for hereunder, shall not reduce any amounts otherwise payable, or in any way diminish the Executive's existing rights, or rights which would accrue solely as a result of the passage of time, under any benefit planBenefit Plan, incentive plan Incentive Plan or stock option planSecurities Plan, employment agreement agreements or other contract, plan or arrangement.

Appears in 10 contracts

Samples: Executive Change of Control Agreement (Winnebago Industries Inc), Executive Change of Control Agreement (Winnebago Industries Inc), Executive Change of Control Agreement (Winnebago Industries Inc)

No Obligation to Mitigate Damages; No Effect on Other Contractual Rights. (a) 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 result of employment by another employer after the Date of Termination, or otherwise. (b) The provisions of this Agreement, and any payment provided for hereunder, shall not reduce any amounts otherwise payable, or in any way diminish the Executive's existing rights, or rights which would accrue solely as a result of the passage of time, under any benefit planBenefit Plan, incentive plan Incentive Plan or stock option planSecurities Plan, employment agreement or other contract, plan or arrangement.

Appears in 7 contracts

Samples: Severance Compensation Agreement (Aquila Inc), Severance Compensation Agreement (Aquila Inc), Severance Compensation Agreement (Aquila Inc)

No Obligation to Mitigate Damages; No Effect on Other Contractual Rights. (a) 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 result of employment by another employer after the Date of Termination, or otherwise. (b) The provisions of this Agreement, and any payment provided for hereunder, shall not reduce any amounts otherwise payable, or in any way diminish the Executive's existing rights, or rights which would accrue solely as a result of the passage of time, under any benefit planBenefit Plan, incentive plan Incentive Plan or stock option planSecurities Plan, employment agreement or other contract, plan or arrangement.

Appears in 7 contracts

Samples: Severance Compensation Agreement (Bath National Corp), Severance Compensation Agreement (Proteon Inc/Ma), Severance Compensation Agreement (Airtran Holdings Inc)

No Obligation to Mitigate Damages; No Effect on Other Contractual Rights. (a) 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 result of employment by another employer after the Date of Termination, or otherwise. (b) The Except as expressly provided in Section 5(c), the provisions of this Agreement, and any payment provided for hereunder, shall not reduce any amounts otherwise payable, or in any way diminish the Executive's existing rights, or rights which would accrue solely as a result of the passage of time, under any benefit planBenefit Plan, incentive plan Incentive Plan or stock option planSecurities Plan, employment agreement or other contract, plan or arrangement.

Appears in 6 contracts

Samples: Severance Compensation Agreement (Aquila Energy Corp), Severance Compensation Agreement (Aquila Energy Corp), Severance Compensation Agreement (Aquila Energy Corp)

No Obligation to Mitigate Damages; No Effect on Other Contractual Rights. (a) 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 result of employment by another employer after the Date of Termination, or otherwise. (b) The provisions of this Agreement, and any payment provided for hereunder, shall not reduce any amounts otherwise payable, or in any way diminish the Executive's existing rights, or rights which would accrue solely as a result of the passage of time, under any benefit planBenefit Plan, incentive plan Incentive Plan or stock option planStock Plan, employment agreement or other contract, plan or arrangement.

Appears in 6 contracts

Samples: Severance Compensation Agreement (Zymetx Inc), Severance Compensation Agreement (Zymetx Inc), Severance Compensation Agreement (Zymetx Inc)

No Obligation to Mitigate Damages; No Effect on Other Contractual Rights. (a) 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 result of employment by another employer after the Date of Termination, Termination or otherwise. (b) The provisions of this Agreement, and any payment provided for hereunder, shall not reduce any amounts otherwise payable, or in any way diminish the Executive's existing rights, or rights which would accrue solely as a result of the passage of time, under any benefit planBenefit Plan, incentive plan Incentive Plan or stock option planSecurities Plan, employment agreement or other contract, plan or arrangementagreement with or of the Company.

Appears in 4 contracts

Samples: Annual Report, Employment Agreement (Transaction Systems Architects Inc), Severance Compensation Agreement (Transaction Systems Architects Inc)

No Obligation to Mitigate Damages; No Effect on Other Contractual Rights. (a) 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 result of employment by another employer after the Date termination of TerminationExecutive's employment, or otherwise. (b) The provisions of this Agreement, and any payment provided for hereunder, shall not reduce any amounts otherwise payable, or in any way diminish the Executive's existing rights, or rights which would accrue solely as a result of the passage of time, under any benefit plan, or incentive plan or stock option planarrangement, plan or arrangement to receive securities of the Company, employment agreement or other contract, plan or arrangementarrangement of the Company.

Appears in 2 contracts

Samples: Management Agreement (Internetstudios Com Inc), Management Agreement (Internetstudios Com Inc)

No Obligation to Mitigate Damages; No Effect on Other Contractual Rights. (a) 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 result of employment by another employer after the Date of Termination, Termination or otherwise. (b) The provisions of this Agreement, and any payment provided for hereunder, shall not reduce any amounts otherwise payable, or in any way diminish the Executive's ’s existing rights, or rights which would accrue solely as a result of the passage of time, under any benefit planBenefit Plan, incentive plan Incentive Plan or stock option planSecurities Plan, employment agreement or other contract, plan or arrangementagreement with or of the Company.

Appears in 2 contracts

Samples: Severance Compensation Agreement (Aci Worldwide, Inc.), Severance Compensation Agreement (Transaction Systems Architects Inc)

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No Obligation to Mitigate Damages; No Effect on Other Contractual Rights. (a) 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 result of employment by another employer after the Date of Termination, or otherwise. (b) The provisions of this Agreement, and any payment provided for hereunder, shall not reduce any amounts otherwise payable, or in any way diminish the Executive's existing rights, or rights which would accrue solely as a result of the passage of time, under any benefit planBenefit Plan, incentive plan Incentive Plan or stock option planSecurities Plan, employment agreement or other contract, plan or arrangementagreement with or of the Company.

Appears in 1 contract

Samples: Severance Compensation Agreement (DSC Communications Corp)

No Obligation to Mitigate Damages; No Effect on Other Contractual Rights. (a) The Except as provided in Section 3(b), 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 result of employment by another employer after the Date of Termination, Termination or otherwise. (b) The provisions of this Agreement, and any payment provided for hereunder, shall not reduce any amounts otherwise payable, or in any way diminish the Executive's ’s existing rights, or rights which would accrue solely as a result of the passage of time, under any benefit plan, incentive plan or stock option securities plan, employment agreement or other contract, plan or arrangementagreement with or of the Company.

Appears in 1 contract

Samples: Severance Compensation Agreement (Transaction Systems Architects Inc)

No Obligation to Mitigate Damages; No Effect on Other Contractual Rights. (a) The Except as expressly provided in Section 3(C), 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 result of employment by another employer after the Date of Termination, or otherwise. (b) The provisions of this Agreement, and any payment provided for hereunder, shall not reduce any amounts otherwise payable, or in any way diminish the Executive's existing rights, or rights which would accrue solely as a result of the passage of time, under any employee benefit plan, incentive plan or stock option plan, Employer securities plan, employment agreement or other contract, plan or arrangement.

Appears in 1 contract

Samples: Change in Control Agreement (National City Bancorporation)

No Obligation to Mitigate Damages; No Effect on Other Contractual Rights. (a) 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 result of employment by another employer after the Date of Termination, or otherwise. (b) The provisions of this Agreement, and any payment provided for hereunder, shall not reduce any amounts otherwise payable, or in any way diminish the Executive's existing rights, or rights which would accrue solely as a result of the passage of time, under any benefit plan, incentive plan or stock option securities plan, employment agreement or other contract, plan or arrangement, except to the extent that such other contract, plan or arrangement expressly provides that amounts paid hereunder shall be offset against the amounts otherwise payable under such contract, plan or arrangement.

Appears in 1 contract

Samples: Change in Control Agreement (Rykoff Sexton Inc)

No Obligation to Mitigate Damages; No Effect on Other Contractual Rights. (a) 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 result of employment by another employer after the Date date of Terminationresignation or termination, or, with respect to amounts payable pursuant to this Agreement, by any set-off, counterclaim, recoupment, defense or otherwise. (b) other right which the Company may have against the Executive. The provisions of this Agreement, and any payment provided for hereunder, shall not reduce any amounts otherwise payable, or in any way diminish the Executive's existing rights, or rights which would accrue solely as a result of the passage of timeExecutive may acquire in the future, under any Executive benefit plan, incentive plan or stock option plan, employment agreement or other contract, plan or arrangement.

Appears in 1 contract

Samples: Employment Agreement (Mayors Jewelers Inc/De)

No Obligation to Mitigate Damages; No Effect on Other Contractual Rights. (a) 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 otherwiseother vise, nor shall the amount of any payment provided for under this Agreement be reduced by any compensation earned by the Executive as the result of employment by another employer after the Date of Termination, or otherwise. (b) The provisions of this Agreement, and any payment provided for hereunder, shall not reduce any amounts otherwise payable, or in any way diminish the Executive's existing rights, or rights which would accrue solely as a result of the passage of time, under any benefit plan, incentive plan Benefit Plan. Incentive Plan or stock option planSecurities Plan, employment agreement agreements or other contract, plan or arrangement.

Appears in 1 contract

Samples: Executive Change of Control Agreement (Winnebago Industries Inc)

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