No Obligation to Mitigate Damages; No Effect on Other Contractual Rights. 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 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 the Executive under Section 5 hereof shall not be treated as damages but as severance compensation to which the Executive is entitled by reason of termination of the Executive's employment in the circumstances contemplated by this Agreement.
Appears in 9 contracts
Samples: Employment Agreement (Genesis Healthcare Corp), Employment Agreement (Neighborcare Inc), Employment Agreement (Neighborcare 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. The amounts payable to the Executive under Section 5 hereof shall not be treated as damages but as severance compensation to which the Executive is entitled by reason of termination of the Executive's employment in the circumstances contemplated by this Agreement.
Appears in 7 contracts
Samples: Change of Control Agreement (Unifi Inc), Change of Control Agreement (Unifi Inc), Change of Control Agreement (Unifi Inc)
No Obligation to Mitigate Damages; No Effect on Other Contractual Rights. 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 TerminationTerm, or otherwise. The amounts payable to the Executive under Section 5 hereof shall not be treated as damages but as severance compensation to which the Executive is entitled by reason of termination of the Executive's employment in the circumstances contemplated by this Agreement.
Appears in 6 contracts
Samples: Executive Employment Agreement (O Charleys Inc), Executive Employment Agreement (O Charleys Inc), Executive Employment Agreement (O Charleys Inc)
No Obligation to Mitigate Damages; No Effect on Other Contractual Rights. 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 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 the Executive under Section 5 hereof shall not be treated as damages but as severance compensation to which the Executive is entitled by reason of termination of the Executive's employment in the circumstances contemplated by this Agreement.
Appears in 6 contracts
Samples: Employment Agreement (Genesis Healthcare, Inc.), Employment Agreement (Genesis Healthcare, Inc.), Employment Agreement (Genesis Healthcare, Inc.)
No Obligation to Mitigate Damages; No Effect on Other Contractual Rights. 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 after the Date of Termination, or otherwise. The amounts payable to the Executive under Section 5 hereof shall not be treated as damages but as severance compensation to which the Executive is entitled by reason of termination of the Executive's employment in the circumstances contemplated by this Agreement.
Appears in 4 contracts
Samples: Employment Agreement (Refac Optical Group), Employment Agreement (U S Vision Inc), Employment Agreement (U S Vision Inc)
No Obligation to Mitigate Damages; No Effect on Other Contractual Rights. 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 the Executive under Section 5 hereof shall not be treated as damages but as severance compensation to which the Executive is entitled by reason of termination of the Executive's employment in the circumstances contemplated by this Agreement.
Appears in 4 contracts
Samples: Employment Agreement (Raven Industries Inc), Employment Agreement (Raven Industries Inc), Employment Agreement (Raven Industries Inc)
No Obligation to Mitigate Damages; No Effect on Other Contractual Rights. 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 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 the Executive under Section 5 hereof shall not be treated as damages but as severance compensation to which the Executive is entitled by reason of termination of the Executive's ’s employment in the circumstances contemplated by this Agreement.
Appears in 1 contract
No Obligation to Mitigate Damages; No Effect on Other Contractual Rights. The 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. The amounts payable to the Executive under Section 5 hereof shall not be treated as damages but as severance compensation to which the Executive is entitled by reason of termination of the Executive's employment in the circumstances contemplated by this Agreement.
Appears in 1 contract
Samples: Change in Control Severance Compensation and Restrictive Covenant Agreement
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. The amounts payable to the Executive under Section 5 hereof shall not be treated as damages but as severance compensation to which the Executive is entitled by reason of termination of the Executive's employment in the circumstances contemplated by this Agreement.or
Appears in 1 contract
Samples: Severance Compensation Agreement (Openroute Networks 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. The amounts payable to the Executive under Section 5 hereof shall not be treated as damages but as severance compensation to which the Executive is entitled by reason of termination of the Executive's employment in the circumstances contemplated by this Agreement.5
Appears in 1 contract
No Obligation to Mitigate Damages; No Effect on Other Contractual Rights. 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 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 the Executive under Section 5 hereof shall not be treated as damages but as severance compensation to which the Executive is entitled by reason of termination of the Executive's ’s employment in the circumstances contemplated by this Agreement.
Appears in 1 contract
No Obligation to Mitigate Damages; No Effect on Other Contractual Rights. The Executive shall not be required to mitigate damages or the amount of any payment provided for under this Agreement Section 5 hereof by seeking other employment or otherwise, nor shall the amount of any payment provided for under this Agreement Section 5 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 the Executive under Section 5 hereof shall not be treated as damages but as severance compensation to which the Executive is entitled by reason of termination of the Executive's employment in the circumstances contemplated by this Agreement.
Appears in 1 contract
No Obligation to Mitigate Damages; No Effect on Other Contractual Rights. 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 the Executive under Section 5 hereof shall not be treated as damages but as severance compensation to which the Executive is entitled by reason of termination of the Executive's employment in the circumstances contemplated by this Agreementor otherwise.
Appears in 1 contract
No Obligation to Mitigate Damages; No Effect on Other Contractual Rights. 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 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 the Executive under Section 5 hereof shall not be treated as damages but as severance compensation to which the Executive is entitled by xx xxxxxxxx xx reason of termination of the Executive's employment in the circumstances contemplated by this Agreement.
Appears in 1 contract
No Obligation to Mitigate Damages; No Effect on Other Contractual Rights. 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 the Executive under otherwise except as provided in Section 5 hereof shall not be treated as damages but as severance compensation to which the Executive is entitled by reason of termination of the Executive's employment in the circumstances contemplated by this Agreement4(b).
Appears in 1 contract
Samples: Change in Control Agreement (Winnebago Industries Inc)