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) All compensation and benefits provided to the Executive under this Agreement are in consideration of the Executive’s services rendered to the Company and of the Executive’s adhering to the terms set forth in Section 5 hereof and 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 Securities Plan, employment agreement or other contract, plan or arrangement.

Appears in 18 contracts

Samples: Change in Control Severance Compensation and Restrictive Covenant Agreement (Mimedx Group, Inc.), Severance Compensation and Restrictive Covenant Agreement (Mimedx Group, Inc.), Severance Compensation and Restrictive Covenant Agreement (Mimedx Group, Inc.)

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No Obligation to Mitigate Damages; No Effect on Other Contractual Rights. (a) All compensation and benefits provided to the Executive under this Agreement are in consideration of the Executive’s 's services rendered to the Company and of the Executive’s 's adhering to the terms set forth in Section 5 hereof and 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 Plan, Incentive Plan or Securities Plan, employment agreement or other contract, plan or arrangement.

Appears in 17 contracts

Samples: Severance Compensation and Restrictive Covenant Agreement (Healthdyne Inc), Severance Compensation and Restrictive Covenant Agreement (Healthcare Com Corp), Severance Compensation and Restrictive Covenant Agreement (Matria Healthcare Inc)

No Obligation to Mitigate Damages; No Effect on Other Contractual Rights. (a) All compensation and benefits provided to the Executive under this Agreement are in consideration of the Executive’s services rendered to the Company and of the Executive’s adhering to the terms set forth in Section 5 hereof and the 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. The amounts payable to Executive under Section 5 hereof shall not be treated as damages but as severance compensation to which, Executive is entitled by reason of termination of his employment in the circumstances contemplated by this Agreement. (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 Securities Planbenefit plan, employment agreement or other contract, plan or arrangement.

Appears in 8 contracts

Samples: Employment Agreement (Genesis Health Ventures Inc /Pa), Employment Agreement (Genesis Health Ventures Inc /Pa), Employment Agreement (Genesis Health Ventures Inc /Pa)

No Obligation to Mitigate Damages; No Effect on Other Contractual Rights. (a) All compensation and benefits provided to the Executive under this Agreement are in consideration of the Executive’s services rendered to the Company and of the Executive’s adhering to the terms set forth in Section 5 hereof and the 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. The amounts payable to Executive under Section 5 hereof shall not be treated as damages but as severance compensation to which Executive is entitled by reason of termination of his employment in the circumstances contemplated by this Agreement. (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 Securities Planbenefit plan, employment agreement or other contract, plan or arrangement.

Appears in 8 contracts

Samples: Employment Agreement (Genesis Health Ventures Inc /Pa), Employment Agreement (Genesis Health Ventures Inc /Pa), Employment Agreement (Genesis Health Ventures Inc /Pa)

No Obligation to Mitigate Damages; No Effect on Other Contractual Rights. (a) All compensation and benefits provided to the Executive under this Agreement are in consideration of the Executive’s services rendered to the Company and of the Executive’s adhering to the terms set forth in Section 5 4 hereof and 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 Securities Plan, employment agreement or other contract, plan or arrangement.

Appears in 6 contracts

Samples: Severance Compensation and Restrictive Covenant Agreement (Matria Healthcare Inc), Severance Agreement (Matria Healthcare Inc), Severance Compensation and Restrictive Covenant Agreement (Matria Healthcare Inc)

No Obligation to Mitigate Damages; No Effect on Other Contractual Rights. (a) a. All compensation and benefits provided to the Executive under this Agreement are in consideration of the Executive’s services rendered to the Company and of the Executive’s adhering to the terms set forth in Section 5 hereof and 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) 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 Securities Plan, employment agreement or other contract, plan or arrangement.

Appears in 5 contracts

Samples: Retention Agreement (American Software Inc), Retention Agreement (American Software Inc), Retention Agreement (American Software Inc)

No Obligation to Mitigate Damages; No Effect on Other Contractual Rights. (a) All compensation and benefits provided to the Executive under this Agreement are in consideration of the Executive’s 's services rendered to the Company and of the Executive’s 's adhering to the terms set forth in Section 5 4 hereof and 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 Plan, Incentive Plan or Securities Plan, employment agreement or other contract, plan or arrangement.

Appears in 3 contracts

Samples: Severance Compensation and Restrictive Covenant Agreement (Matria Healthcare Inc), Severance Compensation and Restrictive Covenant Agreement (Matria Healthcare Inc), Severance Compensation and Restrictive Covenant Agreement (Matria Healthcare Inc)

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No Obligation to Mitigate Damages; No Effect on Other Contractual Rights. (a) All compensation and benefits provided to the Executive under this Agreement are in consideration of the Executive’s services rendered to the Company and of the Executive’s adhering to the terms set forth in Section 5 4 hereof and 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 Securities Plan, employment agreement or other contract, plan or arrangement.

Appears in 1 contract

Samples: Severance Compensation and Restrictive Covenant Agreement (Matria Healthcare Inc)

No Obligation to Mitigate Damages; No Effect on Other Contractual Rights. (a( a ) All compensation and benefits provided to the Executive under this Agreement are in consideration of the Executive’s services rendered to the Company and of the Executive’s adhering to the terms set forth in Section 5 4 hereof and 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( 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 Securities Plan, employment agreement or other contract, plan or arrangement.

Appears in 1 contract

Samples: Severance Compensation and Restrictive Covenant Agreement (Matria Healthcare Inc)

No Obligation to Mitigate Damages; No Effect on Other Contractual Rights. (a) All compensation and benefits provided to the Executive under this Agreement are in consideration of the Executive’s services rendered to the Company and of the Executive’s 's adhering to the terms set forth in Section 5 5(a) hereof and 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 Plan, Incentive Plan or Securities Plan, employment agreement or other contract, plan or arrangement.

Appears in 1 contract

Samples: Non Competition Agreement (Healthdyne Technologies Inc)

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