Common use of No Obligation to Mitigate; No Rights of Offset Clause in Contracts

No Obligation to Mitigate; No Rights of Offset. (a) The Executive shall not be required to mitigate the amount of any payment or other benefit required to be paid to the Executive pursuant to this Agreement, whether by seeking other employment or otherwise, nor shall the amount of any such payment or other benefit be reduced on account of any compensation earned by the Executive as a result of employment by another person. (b) The Company’s obligation to make the payments provided for in this Agreement and otherwise to perform its obligations hereunder shall not be affected by any set-off, counterclaim, recoupment, defense or other claim, right or action which the Company may have against the Executive or others.

Appears in 14 contracts

Samples: Change in Control Agreement (Quanex Building Products CORP), Change in Control Agreement (Quanex Building Products CORP), Change in Control Agreement (Mens Wearhouse Inc)

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No Obligation to Mitigate; No Rights of Offset. (a) 11.1 The Executive shall not be required to mitigate the amount of any payment or other benefit required to be paid to the Executive pursuant to this Agreement, whether by seeking other employment or otherwise, nor shall the amount of any such payment or other benefit be reduced on account of any compensation earned by the Executive as a result of employment by another person. (b) 11.2 The Company’s 's obligation to make the payments provided for in this Agreement and otherwise to perform its obligations hereunder shall not be affected by any set-off, counterclaim, recoupment, defense or other claim, right or action which the Company may have against the Executive or others.

Appears in 4 contracts

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

No Obligation to Mitigate; No Rights of Offset. (a) 9.1 The Executive shall not be required to mitigate the amount of any payment or other benefit required to be paid to the Executive pursuant to this Agreement, whether by seeking other employment or otherwise, nor shall the amount of any such payment or other benefit be reduced on account of any compensation earned by the Executive as a result of employment by another person. (b) 9.2 The Company’s 's obligation to make the payments provided for in this Agreement and otherwise to perform its obligations hereunder shall not be affected by any set-off, counterclaim, recoupment, defense or other claim, right or action which the Company may have against the Executive or others.

Appears in 2 contracts

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

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No Obligation to Mitigate; No Rights of Offset. (a) The Executive shall not be required to mitigate the amount of any payment or other benefit required to be paid to the Executive pursuant to this Agreement, whether by seeking other employment or otherwise, nor shall the amount of any such payment or other benefit be reduced on account of any compensation earned by the Executive as a result of employment by another person. (b) The Company’s 's obligation to make the payments provided for in this Agreement and otherwise to perform its obligations hereunder shall not be affected by any set-off, counterclaim, recoupment, defense or other claim, right or action which the Company may have against the Executive or others.

Appears in 1 contract

Samples: Change in Control Agreement (Quanex Corp)

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