Common use of No Obligation to Mitigate Clause in Contracts

No Obligation to Mitigate. 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, except as set forth in Section 4(d), 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.

Appears in 16 contracts

Samples: Severance Compensation Agreement (Comarco Inc), Severance Compensation Agreement (Comarco Inc), Severance Compensation Agreement (Comarco Inc)

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No Obligation to Mitigate. The Executive shall not be required to mitigate damages or the amount of any payment or benefit provided for under in section 5 of this Agreement by seeking other employment or otherwise, nor, except as set forth in Section 4(d), nor shall the amount of any payment provided for under this Agreement in section 5(a) be reduced by any compensation earned by the Executive as the a result of employment by another employer after the Date of Termination, termination or otherwise.

Appears in 8 contracts

Samples: Severance Compensation Agreement, Severance Compensation Agreement (AbitibiBowater Inc.), Assumption and Consent to Assignment Agreement (AbitibiBowater Inc.)

No Obligation to Mitigate. 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 otherwiseemployment, nor, except as set forth in Section 4(d), nor shall the amount of any payment provided for under this Agreement be reduced by any compensation earned by the Executive as the a result of employment by another employer after the Date of Termination, Termination or otherwise.

Appears in 7 contracts

Samples: Change in Control Severance Agreement (United Community Banks Inc), Change in Control Severance Agreement (United Community Banks Inc), Change in Control Severance Agreement (United Community Banks Inc)

No Obligation to Mitigate. 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, except as set forth in Section 4(d), nor shall the amount of any such payment provided for under this Agreement be reduced by any compensation earned by the Executive after such termination as the result of his employment by another employer after the Date of Termination, or otherwiseemployer.

Appears in 7 contracts

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

No Obligation to Mitigate. 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, except as set forth in Section 4(d), nor shall the amount of any payment provided for under this Agreement be reduced by any compensation earned by the Executive as the a result of employment by another employer after the Date of Termination, Termination or otherwise, except as provided in Section 4.4 with respect to benefits coverages.

Appears in 7 contracts

Samples: Severance Agreement (Acuity Brands Inc), Severance Agreement (Acuity Brands Inc), Severance Agreement (Zep Inc.)

No Obligation to Mitigate. The Executive shall not be required is under no obligation to mitigate damages or in the amount of any payment provided for under this Agreement hereunder by seeking other employment or otherwise, nor, except as set forth in Section 4(d. Subject to section 5(b), shall the amount of any payment provided for under in this Agreement shall not be reduced reduced, offset or subject to recovery by the Company by reason of any compensation earned by the Executive as the result of employment by another employer after the Date of Termination, or otherwise.

Appears in 6 contracts

Samples: Severance Agreement (Unified Grocers, Inc.), Severance Agreement (Unified Grocers, Inc.), Severance Agreement (Unified Grocers, Inc.)

No Obligation to Mitigate. The Executive shall not be required is under no obligation to mitigate damages or in the amount of any payment provided for under this Agreement hereunder by seeking other employment or otherwise, nor, except as set forth in Section 4(d. Subject to paragraph 4(b), shall the amount of any payment provided for under in this Agreement shall not be reduced reduced, offset or subject to recovery by Certified by reason of any compensation earned by the Executive as the result of employment by another employer after the Date of Termination, or otherwise.

Appears in 4 contracts

Samples: Severance Agreement (Certified Grocers of California LTD), Severance Agreement (Certified Grocers of California LTD), Severance Agreement (Certified Grocers of California LTD)

No Obligation to Mitigate. The Executive shall not be required is under no obligation to mitigate damages or in the amount of any payment provided for under this Agreement hereunder by seeking other employment or otherwise, nor, except as set forth in . Subject to Section 4(d5(b), shall the amount of any payment provided for under in this Agreement shall not be reduced reduced, offset or subject to recovery by the Company by reason of any compensation earned by the Executive as the result of employment by another employer after the Date of Termination, or otherwise.

Appears in 3 contracts

Samples: Severance Agreement (Unified Grocers, Inc.), Severance Agreement (Unified Grocers, Inc.), Severance Agreement (Unified Grocers, Inc.)

No Obligation to Mitigate. 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, except as set forth in Section 4(d), nor shall the amount of any payment provided for under this Agreement be reduced by any compensation earned by the Executive as the a result of employment by another employer after the Date of Termination, Termination or otherwise, except as provided in Section 4 with respect to benefits coverages.

Appears in 3 contracts

Samples: Severance Agreement (Acuity Brands Inc), Severance Agreement (Acuity Brands Inc), Severance Agreement (Acuity Brands Inc)

No Obligation to Mitigate. 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, except as set forth in Section 4(d), nor shall the amount of any payment provided for under this Agreement be reduced by any compensation earned by the Executive as the a result of employment by another employer after the Date of Termination, Termination or otherwise, except as provided in Section 4.5 with respect to benefits coverages.

Appears in 2 contracts

Samples: Severance Agreement (Acuity Brands Inc), Severance Agreement (Acuity Brands Inc)

No Obligation to Mitigate. 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, except as set forth in Section 4(d), 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.

Appears in 2 contracts

Samples: Change in Control Agreement (Innovative Micro Technology Inc), Change in Control Agreement (Innovative Micro Technology Inc)

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No Obligation to Mitigate. The Executive shall not be required to mitigate the damages or the amount of any payment provided for under this Agreement by seeking other employment or otherwise, nor, except as set forth in Section 4(d), 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 TerminationEmployment Termination Date, or otherwise.

Appears in 1 contract

Samples: Employment Agreement (Nellcor Puritan Bennett Inc)

No Obligation to Mitigate. The Executive shall not be required to mitigate damages or the amount of any payment or benefit provided for under upon termination of this Agreement under Sections 7(c), (d), or (e) above by seeking other employment or otherwiseemployment, nor, except as set forth in Section 4(d), nor shall the amount of any payment provided for under this Agreement in Sections 7(c), (d), or (e) be reduced by any compensation earned by the Executive as the a result of business or consulting activities or employment by another employer after the Date termination of Termination, or otherwisethis Agreement.

Appears in 1 contract

Samples: Executive Employment Agreement (Niska Gas Storage Partners LLC)

No Obligation to Mitigate. The Executive shall not be required to mitigate damages or the amount of any payment provided for under in this Agreement by seeking other employment or otherwise, norotherwise and, except as set forth provided in Section 4(d)4(a)(iii) and 4(d)(iii) hereof, no payment hereunder shall be offset or reduced by the amount of any payment compensation or benefits provided for under this Agreement be reduced by to Executive in any compensation earned by the Executive as the result of employment by another employer after the Date of Termination, or otherwise.subsequent employment. (h)

Appears in 1 contract

Samples: Employment Agreement

No Obligation to Mitigate. 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, except as set forth in Section 4(d), nor shall the amount of any payment provided for under this Agreement be reduced by any compensation earned by the Executive as the a result of employment by another employer after the Date of Termination, Resignation or otherwise, except as provided in Section 4.4 with respect to benefits coverages.

Appears in 1 contract

Samples: Separation Agreement (Zep Inc.)

No Obligation to Mitigate. The Executive shall not be required to mitigate damages or the amount of any payment provided for under in this Agreement by seeking other employment or otherwise, norotherwise and, except as set forth provided in Section 4(d)4(a)(iii) and 4(d)(iii) hereof, no payment hereunder shall be offset or reduced by the amount of any payment compensation or benefits provided for under this Agreement be reduced by to Executive in any compensation earned by the Executive as the result of employment by another employer after the Date of Termination, or otherwisesubsequent employment.

Appears in 1 contract

Samples: Employment Agreement (Countrywide Financial Corp)

No Obligation to Mitigate. The Executive shall not be required to mitigate the damages or the amount of any payment provided for under this Agreement by seeking other employment or otherwise, nor, except as set forth in Section 4(d), 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 Terminationany Employment Termination Date, or otherwise.

Appears in 1 contract

Samples: Employment Agreement (Nellcor Puritan Bennett Inc)

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