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. 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 resignation or termination, or, with respect to amounts payable pursuant to Section 3.04, by any set-off, counterclaim, recoupment, defense or 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 the Executive may acquire in the future, under any Executive benefit plan, incentive plan, employment agreement or other contract, plan or arrangement.

No Obligation to Mitigate Damages; No Effect on Other Contractual Rights. The (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 the obligations of Executive undertaken 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 the Executive as the result of employment by another employer after the date Date of resignation Termination, or termination, or, with respect to amounts payable pursuant to Section 3.04, by any set-off, counterclaim, recoupment, defense or other right which the Company may have against the Executive. 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 Executive may acquire in the futurepassage of time, under any Executive benefit plan, incentive plan or securities plan, employment agreement or other contract, plan or arrangement.

No Obligation to Mitigate Damages; No Effect on Other Contractual Rights. The Executive 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 EXECUTIVE as the result of employment by another employer after the date of resignation or termination, or, with respect to amounts payable pursuant to Section 3.04, by any set-offsetoff, counterclaim, recoupment, defense or other right which the Company EMPLOYER may have against the ExecutiveEXECUTIVE. 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 EXECUTIVE’s existing rights, or rights the Executive EXECUTIVE may acquire in the future, under any Executive EXECUTIVE benefit plan, incentive plan, employment agreement Employment Agreement or other contract, plan or arrangement.