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 (except as provided in Section 4.3(b)(3)). (b) The provisions of this Agreement, and any payment or benefit 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 Company Benefit Plan, employment agreement or other contract, plan or arrangement.

Appears in 4 contracts

Samples: Executive Employment Agreement (Procom Technology Inc), Executive Employment Agreement (Procom Technology Inc), Executive Employment Agreement (Procom Technology 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 Executive’s termination of terminationemployment, or otherwise (except as provided in Section 4.3(b)(3))otherwise. (b) The provisions of this Agreement, and any payment or benefit 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 Company Benefit Plan, employment agreement or other contract, employee benefit plan or arrangementarrangement providing retirement benefits or health, life, disability or similar welfare benefits.

Appears in 4 contracts

Samples: Change in Control Agreement (Novelis Inc.), Change in Control Agreement (Novelis Inc.), Change in Control Agreement (Novelis Inc.)

No Obligation to Mitigate Damages; No Effect on Other Contractual Rights. (a) 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 terminationthe Executive's employment, or otherwise (except as provided in Section 4.3(b)(3))otherwise. (b) B. The provisions of this Agreement, and any payment or benefit 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 Company Benefit Plan, Incentive Plan or Securities Plan, employment agreement or other contract, plan or arrangementarrangement of the Company.

Appears in 3 contracts

Samples: Severance Compensation Agreement (Lin Television Corp), Severance Compensation Agreement (Lin Television Corp), Severance Compensation Agreement (Lin Television 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 Date of termination, or otherwise (except as provided in Section 4.3(b)(3))Termination. (b) The provisions of this Agreement, and any payment or benefit provided for hereunder, shall not reduce any amounts otherwise payable, or in any way diminish the Executive's ’s existing rights, including post-retirement benefits or any other rights which would accrue solely as a result of the passage of time, under any Company Benefit Planbenefit plan, employment agreement or other contract, Company policy, plan or arrangement.

Appears in 3 contracts

Samples: Change in Control Agreement (Raven Industries Inc), Change in Control Agreement (Raven Industries Inc), Change in Control Agreement (Raven 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 Date of termination, or otherwise (except as provided in Section 4.3(b)(3))Termination. (b) The provisions of this Agreement, and any payment or benefit provided for hereunder, shall not reduce any amounts otherwise payable, or in any way diminish the Executive's existing rights, including post-retirement benefits or any other rights which would accrue solely as a result of the passage of time, under any Company Benefit Planbenefit plan, employment agreement or other contract, Company policy, plan or arrangement.

Appears in 3 contracts

Samples: Change in Control Agreement (Raven Industries Inc), Change in Control Agreement (Raven Industries Inc), Change in Control Agreement (Raven 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 Executive's termination of terminationemployment, or otherwise (except as provided in Section 4.3(b)(3))otherwise. (b) The provisions of this Agreement, and any payment or benefit 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 Company Benefit Plan, employment agreement or other contract, employee benefit plan or arrangementarrangement providing retirement benefits or health, life, disability or similar welfare benefits.

Appears in 3 contracts

Samples: Change in Control Agreement (Novelis Inc.), Change in Control Agreement (Novelis Inc.), Change in Control Agreement (Novelis 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 termination, the Executive's employment with the Company or otherwise (except as provided in Section 4.3(b)(3))a Subsidiary. (b) The provisions of this Agreement, and any payment or benefit 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 Company Benefit Plan, Incentive Plan or Securities Plan, employment agreement or other contract, plan or arrangementarrangement of the Company or any Subsidiary.

Appears in 3 contracts

Samples: Change in Control Agreement (Whitman Corp), Change in Control Agreement (Midas Group Inc), Change in Control Agreement (Hussmann International 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 terminationTermination, or otherwise (except as provided in Section 4.3(b)(3))otherwise. (b) The provisions of this Agreement, and any payment or benefit provided for hereunder, shall not reduce any amounts otherwise payable, or in any way diminish the Executive's Executives existing rights, or rights which would accrue solely as a result of the passage of time, under any Company Benefit Plan, Incentive Plan or Securities Plan, employment agreement agreements or other contract, plan or arrangement.

Appears in 2 contracts

Samples: Executive Change of Control Agreement, 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 (except as provided in Section 4.3(b)(34.5(b)(3)). (b) The provisions of this Agreement, and any payment or benefit 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 Company Benefit Plan, employment agreement or other contract, plan or arrangement.

Appears in 2 contracts

Samples: Agreement of Purchase and Sale of Assets (Bridge Technology Inc), Asset Purchase Agreement (Bridge Technology 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 (except as provided in Section 4.3(b)(3))otherwise. (b) The provisions of this Agreement, and any payment or benefit 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 Company Benefit Plan, employment agreement Plan or other contract, plan or arrangement.

Appears in 2 contracts

Samples: Executive Employment Agreement (First Aviation Services Inc), Executive Employment Agreement (First Aviation Services Inc)

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No Obligation to Mitigate Damages; No Effect on Other Contractual Rights. (a) 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 terminationTermination, or otherwise (except as provided in Section 4.3(b)(3))otherwise. (b) b. The provisions of this Agreement, and any payment or benefit provided for hereunder, shall not reduce any amounts 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 Company Benefit Plan, employment agreement or other contract, plan or arrangement, including but not limited to rights under that certain Severance Compensation Agreement dated as of April 20, 1998, as amended, between the Company and Executive, which Agreement shall remain in full force or effect.

Appears in 1 contract

Samples: Severance Compensation Agreement (Bell Industries Inc /New/)

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 terminationTermination, or otherwise (except as provided in Section 4.3(b)(3))otherwise. (b) The provisions of this Agreement, and any payment or benefit 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 Company Benefit Planbenefit plan, incentive plan or stock option plan, employment agreement or other contract, plan or arrangement.

Appears in 1 contract

Samples: Severance Compensation Agreement (O Charleys 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 terminationthe Executive’s employment, or otherwise (except as provided in Section 4.3(b)(3))otherwise. (b) The provisions of this Agreement, and any payment or benefit 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 Company Benefit Plan, Incentive Plan or Securities Plan, employment agreement or other contract, plan or arrangementarrangement of the Company.

Appears in 1 contract

Samples: Severance Compensation Agreement (Lin Tv 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 Date of termination, or otherwise (except as provided in Section 4.3(b)(3))Termination. (b) The provisions of this Agreement, and any payment or benefit provided for hereunder, shall not reduce any amounts otherwise payable, or in any way diminish the Executive's ’s existing rights, including post-retirement benefits or any other rights which would accrue solely as a result of the passage of time, under any Company Benefit Planbenefit plan, employment agreement or other contract, Company policy, plan or arrangement.. EXHIBIT 10.2

Appears in 1 contract

Samples: Change in Control Agreement (Raven Industries Inc)

No Obligation to Mitigate Damages; No Effect on Other Contractual Rights. (a) The 10.1 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 Executive’s termination of terminationemployment, or otherwise (except as provided in Section 4.3(b)(3))otherwise. (b) 10.2 The provisions of this Agreement, and any payment or benefit 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 Company Benefit Plan, employment agreement or other contract, employee benefit plan or arrangementarrangement providing retirement benefits or health, life, disability or similar welfare benefits.

Appears in 1 contract

Samples: Severance Compensation Agreement (Novelis Inc.)

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