Common use of No Obligation to Mitigate Damages 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. (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 5 contracts

Samples: Executive Employment Agreement (Inference Corp /Ca/), Executive Employment Agreement (Inference Corp /Ca/), Executive Employment Agreement (Inference Corp /Ca/)

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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. (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 2 contracts

Samples: 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 of 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, 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: Executive Employment Agreement (Inference Corp /Ca/), Executive Employment Agreement (Inference Corp /Ca/)

No Obligation to Mitigate Damages. No Effect on Other 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 with the Company or 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 1 contract

Samples: Change in Control Agreement (Midas 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 a mount 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 1 contract

Samples: Executive Employment Agreement (Inference Corp /Ca/)

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 1 contract

Samples: Executive Employment Agreement (Inference Corp /Ca/)

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