Common use of No Obligation to Mitigate Damages Clause in Contracts

No Obligation to Mitigate Damages. 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 a result of employment by another employer or by retirement or other benefits, before the date of this Agreement or after the date of termination of his employment with the Bank, or otherwise, provided that the Executive shall have complied with the provisions hereof.

Appears in 5 contracts

Samples: Employment Agreement (Bnccorp Inc), Employment Agreement (Bnccorp Inc), Employment Agreement (Bnccorp Inc)

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No Obligation to Mitigate Damages. The Executive shall not be required to mitigate damages or the amount of any payment provided for compensation and benefits 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 a result of employment by another employer or by retirement or other benefits, before the date of this Agreement or after the date of termination of his employment with the Bankothers, or otherwise, provided that and the amount of such compensation and benefits shall not be reduced or offset in any way by any income or benefits earned by Executive shall have complied with from another employer or other source after the provisions hereoftermination becomes effective.

Appears in 4 contracts

Samples: Employment Agreement (Modine Manufacturing Co), Employment Agreement (Modine Manufacturing Co), Employment Agreement (Modine Manufacturing Co)

No Obligation to Mitigate Damages. 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. Without limiting the Company's rights under Section 12, nor shall the amount of any no payment provided for under this Agreement shall be reduced by any compensation earned by the that Executive as may earn from a result of employment by another employer or by retirement or other benefits, before the date of this Agreement or third party after the date of any termination of his employment with the Bank, or otherwise, provided that the Executive shall have complied with the provisions hereofemployment.

Appears in 2 contracts

Samples: Employment Agreement (La Petite Academy Inc), Employment Agreement (Lpa Services Inc)

No Obligation to Mitigate Damages. 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 a the result of employment by another employer or by retirement or other benefits, before the date of this Agreement or after the date of termination of his employment with the Bankemployment, or otherwise, provided that the Executive shall have complied with the provisions hereof.

Appears in 2 contracts

Samples: Employment Agreement (Ablest Inc), Employment Agreement (Ablest Inc)

No Obligation to Mitigate Damages. 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 hereunder be reduced by any compensation earned by the Executive as a result of employment by another employer or by retirement or other benefits, before the date of this Agreement or after the date of termination of his employment with the Bank, or otherwise, provided that the Executive shall have complied with the provisions hereoftermination.

Appears in 1 contract

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

No Obligation to Mitigate Damages. The Unless otherwise specifically contemplated herein, 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 a result of employment by another employer or by retirement or other benefits, before the date of this Agreement or after the date of termination of his employment with the Bank, or otherwise, provided that the Executive shall have complied with the provisions hereofemployer.

Appears in 1 contract

Samples: Employment Agreement (Rehabilicare Inc)

No Obligation to Mitigate Damages. 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, otherwise nor shall the amount will (a) any payments hereunder be subject to offset in respect of any payment provided for under this Agreement be reduced by any compensation earned by claims which the Company may have against Executive as a result of employment by another employer or by retirement or other benefits, before the date of this Agreement or after the date of termination of his employment with the Bank, or otherwise, provided that the Executive shall have complied with the provisions hereof.or

Appears in 1 contract

Samples: Employment Agreement (RJR Nabisco Inc)

No Obligation to Mitigate Damages. The Executive shall not be required to mitigate damages or the amount of any payment provided for under this Agreement upon termination of his employment by the Company without Cause by seeking other employment or otherwiseotherwise after such termination, nor shall the amount of any such payment provided for under this Agreement be reduced by any compensation earned by Executive after such termination as the Executive as a result of his employment by another employer or by retirement or other benefits, before the date of this Agreement or after the date of termination of his employment with the Bank, or otherwise, provided that the Executive shall have complied with the provisions hereofemployer.

Appears in 1 contract

Samples: Employment Agreement (Ablest Inc)

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No Obligation to Mitigate Damages. Other Rights ----------------------------------------------- The Executive shall not be required to mitigate damages or the any amount of any payment provided for payable under this Agreement by seeking other employment or otherwise, nor shall the any such amount of any payment provided for under this Agreement be reduced by any compensation earned received by the Executive as a result of employment by from another employer or by retirement or other benefits, before the date of this Agreement or after the date of termination of his employment with the Bankresignation or termination, or otherwise. The provisions of this Agreement, and any payment provided that for hereunder, shall not, to the Executive shall have complied with extent permitted by law, reduce any amounts otherwise payable, or in any way diminish the provisions hereofExecutive's rights under any other employee benefit plan, contract or arrangement.

Appears in 1 contract

Samples: Employment Agreement (Zd Inc)

No Obligation to Mitigate Damages. The Executive shall not be required to mitigate damages or for the amount of any payment provided for under this Agreement by seeking other in the case where the Executive terminates his employment or otherwisebecause the Company has materially breached its obligations hereunder, nor shall the amount of any and no payment provided for under this Agreement shall be reduced by any compensation earned by the Executive as a the result of employment by another employer or by retirement or other benefits, before the date of this Agreement or after the date of termination of his employment with the Bank, or otherwise, provided that the Executive shall have complied with the provisions hereoftermination.

Appears in 1 contract

Samples: Executive Employment Agreement (Arbor National Holdings Inc)

No Obligation to Mitigate Damages. The Except as specifically provided in this Agreement, 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 will any payment provided for payments under this Agreement be reduced by subject to offset in respect of any compensation earned by the amounts which Executive as a result of employment by another earns or becomes entitled to from any other employer or by retirement or other benefits, before the date of this Agreement or person after the date of termination of his employment with the Bank, or otherwise, provided that the Executive shall have complied with the provisions hereofCompany.

Appears in 1 contract

Samples: Employment Agreement (Perkin Elmer Corp)

No Obligation to Mitigate Damages. 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. Without limiting the Company's rights under Section 14, nor shall the amount of any no payment provided for under this Agreement shall be reduced by any compensation earned by the that Executive as may earn from a result of employment by another employer or by retirement or other benefits, before the date of this Agreement or third party after the date of any termination of his employment with the Bank, or otherwise, provided that the Executive shall have complied with the provisions hereofemployment.

Appears in 1 contract

Samples: Employment Agreement (La Petite Academy Inc)

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