No Obligation to Mitigate. In no event shall the Executive be obligated to seek other employment or take any other action by way of mitigation of the amounts payable to the Executive under any of the provisions of this Agreement and such amounts shall not be reduced whether or not the Executive obtains other employment (except as otherwise provided in Section 4(b) with respect to the payment of welfare plan benefits).
Appears in 29 contracts
Samples: Change in Control Agreement (Rf Micro Devices Inc), Change in Control Agreement (Rf Micro Devices Inc), Change in Control Agreement (Rf Micro Devices Inc)
No Obligation to Mitigate. In no event shall the Executive be obligated to seek other employment or take any other action by way of mitigation of the amounts payable to the Executive under any of the provisions of this Agreement and Agreement, and, except as specifically provided in this Agreement, such amounts shall not be reduced whether or not the Executive obtains other employment (except as otherwise provided in Section 4(b) with respect to the payment of welfare plan benefits)employment.
Appears in 8 contracts
Samples: Retention Agreement (Efunds Corp), Retention Agreement (Efunds Corp), Retention Agreement (Toys R Us Inc)
No Obligation to Mitigate. In no the event shall that any payments or benefits are to be received by the Executive under this Section 4, the Executive shall be obligated under no obligation to seek other employment or take to mitigate damages and there shall be no offset against any other action by way of mitigation of the amounts payable to amount due the Executive under any of the provisions of this Agreement and such amounts shall not be reduced whether for any reason, including, without limitation, on account of any remuneration or not benefits attributable to any subsequent employment that the Executive obtains other employment (except as otherwise provided in Section 4(b) with respect to the payment of welfare plan benefits)may obtain.
Appears in 7 contracts
Samples: Change in Control/Noncompetition Agreement (Enterprise Bancorp Inc /Ma/), Change in Control/Noncompetition Agreement (Enterprise Bancorp Inc /Ma/), Change in Control/Noncompetition Agreement (Enterprise Bancorp Inc /Ma/)
No Obligation to Mitigate. In no event shall the Executive be obligated to seek other employment or take any other action by way of mitigation of the amounts payable to the Executive under any of the provisions of this Agreement and such amounts shall not be reduced whether or not the Executive obtains other employment (except as otherwise provided in Section 4(b5(b) with respect to the payment of welfare plan benefits).
Appears in 3 contracts
Samples: Change in Control Agreement (Evergreen Resources Inc), Change in Control Agreement (Evergreen Resources Inc), Change in Control Agreement (Evergreen Resources Inc)
No Obligation to Mitigate. In no event shall the Executive be obligated to seek other employment or take any other action by way of mitigation of the amounts payable to the Executive under any of the provisions of this Agreement Agreement, and such amounts shall not be reduced whether or not the Executive obtains other employment (except as otherwise provided in Section 4(b) with respect to the payment of welfare plan benefits)employment.
Appears in 3 contracts
Samples: Employment Transition Agreement (Chemours Co), Employment Transition Agreement (Peabody Energy Corp), Severance Agreement (Pfizer Inc)
No Obligation to Mitigate. In no event shall the Executive be obligated obliged to seek other employment or consulting or take any other action by way of mitigation of the amounts payable to the Executive under any of the provisions of this Agreement and such amounts Agreement, nor shall not the amount of any payment hereunder be reduced whether by any compensation earned by Executive as a result of self-employment or not the Executive obtains other employment (except as otherwise provided in Section 4(b) with respect to the payment of welfare plan benefits)by another employer.
Appears in 3 contracts
Samples: Employment Agreement (United Rentals North America Inc), Employment Agreement (United Rentals Inc /De), Employment Agreement (United Rentals North America Inc)
No Obligation to Mitigate. In no event shall the Executive be obligated to seek other employment or take any other action by way of mitigation of the amounts payable to the Executive under any of the provisions of this Agreement and and, except as explicitly provided herein, such amounts shall not be reduced whether or not the Executive obtains other employment (except as otherwise provided in Section 4(b) with respect to the payment of welfare plan benefits)employment.
Appears in 2 contracts
Samples: Employment Agreement (Baycorp Holdings LTD), Employment Agreement (Baycorp Holdings LTD)
No Obligation to Mitigate. In no event shall the Executive be obligated to seek other employment or take any other action by way of mitigation of the amounts payable to the Executive under any of the provisions of this Agreement and Agreement, and, except as specifically provided in this Agreement, such amounts shall not be reduced whether or not the Executive obtains other employment (except as otherwise provided in Section 4(b) with respect to the payment of welfare plan benefits)employment.
Appears in 1 contract
Samples: Employment Agreement (Pfizer Inc)
No Obligation to Mitigate. In no event shall the Executive be obligated to seek other employment or take any other action by way of mitigation of the amounts payable to the Executive under any of the provisions of this Agreement and such amounts shall not be reduced whether or not the Executive obtains other employment (except as otherwise provided in Section 4(b4(c) with respect to the payment of welfare plan benefits).
Appears in 1 contract
