Common use of No Offset or Mitigation Clause in Contracts

No Offset or Mitigation. 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. 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.

Appears in 28 contracts

Samples: Change in Control Agreement (C & F Financial Corp), Change in Control Agreement (C & F Financial Corp), Change in Control Agreement (C & F Financial Corp)

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No Offset or Mitigation. The Company’s obligation to make the payments provided for in this Agreement in, and otherwise to perform its obligations hereunder under this Agreement shall not be affected by any set-off, counterclaim, recoupment, defense or other claim, right or action which that the Company may have against the ExecutiveExecutive or others whether in respect of claims made under this Agreement or otherwise. In no event shall the Executive be obligated to seek other employment or take any other action by way of mitigation of the amounts amounts, benefits and other compensation payable or otherwise provided to the Executive under any of the provisions of this Agreement Agreement, and such amounts shall not be reduced reduced, regardless of whether or not the Executive obtains other employment.

Appears in 16 contracts

Samples: Employment Agreement (Rite Aid Corp), Employment Agreement (Rite Aid Corp), Employment Agreement (Rite Aid Corp)

No Offset or Mitigation. The Company’s 's obligation to make the payments provided for in this Agreement in, and otherwise to perform its obligations hereunder under, this Agreement shall not be affected by any set-off, counterclaim, recoupment, defense or other claim, right or action which that the Company may have against the ExecutiveExecutive or others whether in respect of claims made under this Agreement or otherwise. In no event shall the Executive be obligated to seek other employment or take any other action by way of mitigation of the amounts amounts, benefits and other compensation payable or otherwise provided to the Executive under any of the provisions of this Agreement Agreement, and such amounts shall not be reduced reduced, regardless of whether or not the Executive obtains other employment.

Appears in 8 contracts

Samples: Employment Agreement (Rite Aid Corp), Employment Agreement (Rite Aid Corp), Employment Agreement (Rite Aid Corp)

No Offset or Mitigation. The Company’s obligation to make the payments provided for in this Agreement in, and otherwise to perform its obligations hereunder under this Agreement shall not be affected by any set-offsetoff, counterclaim, recoupment, defense or other claim, right or action which that the Company may have against the ExecutiveExecutive or others whether in respect of claims made under this Agreement or otherwise. In no event shall the Executive be obligated to seek other employment or take any other action by way of mitigation of the amounts amounts, benefits and other compensation payable or otherwise provided to the Executive under any of the provisions of this Agreement Agreement, and such amounts shall not be reduced reduced, regardless of whether or not the Executive obtains other employment.

Appears in 4 contracts

Samples: Employment Agreement (Rite Aid Corp), Employment Agreement (Rite Aid Corp), Employment Agreement (Rite Aid Corp)

No Offset or Mitigation. The Company’s 's obligation to make the payments provided for in this Agreement in, and otherwise to perform its obligations hereunder under; this Agreement shall not be affected by any set-off, counterclaim, recoupment, defense or other claim, right or action which that the Company may have against the ExecutiveExecutive or others whether in respect of claims made under this Agreement or otherwise. In no event shall the Executive be obligated to seek other employment or take any other action by way of mitigation of the amounts amounts, benefits and other compensation payable or otherwise provided to the Executive under any of the provisions of this Agreement Agreement, and such amounts shall not be reduced reduced, regardless of whether or not the Executive obtains other employment.

Appears in 3 contracts

Samples: Employment Agreement (Rite Aid Corp), Employment Agreement (Rite Aid Corp), Employment Agreement (Rite Aid Corp)

No Offset or Mitigation. The Company’s 's obligation to make the payments provided for in this Agreement in, and otherwise to perform its obligations hereunder under this Agreement shall not be affected by any set-off, counterclaim, recoupment, defense or other claim, right or action which that the Company may have against the ExecutiveExecutive or others whether in respect of claims made under this Agreement or otherwise. In no event shall the Executive be obligated to seek other employment or take any other action by way of mitigation of the amounts amounts, benefits and other compensation payable or otherwise provided to the Executive under any of the provisions of this Agreement Agreement, and such amounts shall not be reduced reduced, regardless of whether or not the Executive obtains other employment.

Appears in 2 contracts

Samples: Employment Agreement (Rite Aid Corp), Employment Agreement (Rite Aid Corp)

No Offset or Mitigation. 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. 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.

Appears in 2 contracts

Samples: Change in Control Agreement (C & F Financial Corp), Change in Control Agreement (National Bankshares Inc)

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No Offset or Mitigation. The Company’s obligation to make the payments provided for in this Agreement in, and otherwise to perform its obligations hereunder under this Agreement shall not be affected by any set-off, counterclaim, recoupment, defense or other claim, right or action which that the Company may have against the ExecutiveExecutive or others whether in respect of claims made under this Agreement or otherwise. In no event shall the Executive be obligated to seek other employment or take any other action by way of mitigation of the amounts amounts, benefits and other compensation payable or otherwise provided to the Executive under any of the provisions of this Agreement Agreement, and such amounts shall not be reduced reduced, regardless of whether or not the Executive obtains other employment.

Appears in 2 contracts

Samples: Employment Agreement (Rite Aid Corp), Employment Agreement (Rite Aid Corp)

No Offset or Mitigation. The Company’s 's obligation to make the payments provided for in this Agreement in, and otherwise to perform its obligations hereunder under, this Agreement shall not be affected by any set-off, counterclaim, recoupment, defense or other claim, right or action which that the Company may have against the ExecutiveExecutive or others whether in respect of claims made under this Agreement or otherwise. In no event shall the Executive be obligated to seek other employment or take any other action by way of mitigation of the amounts amounts, benefits and other compensation payable or otherwise provided to the Executive under any of the provisions of this Agreement Agreement, and such amounts shall not be reduced reduced, regardless of whether or not the Executive obtains other employment.

Appears in 1 contract

Samples: Employment Agreement (Rite Aid Corp)

No Offset or Mitigation. The Company’s obligation to make the payments provided for in this Agreement in, and otherwise to perform its obligations hereunder under, this Agreement shall not be affected by any set-off, counterclaim, recoupment, defense or other claim, right or action which that the Company may have against the ExecutiveExecutive or others whether in respect of claims made under this Agreement or otherwise. In no event shall the Executive be obligated to seek other employment or take any other action by way of mitigation of the amounts amounts, benefits and other compensation payable or otherwise provided to the Executive under any of the provisions of this Agreement Agreement, and such amounts shall not be reduced reduced, regardless of whether or not the Executive obtains other employment.

Appears in 1 contract

Samples: Employment Agreement (Rite Aid Corp)

No Offset or Mitigation. The Company’s obligation to make the payments provided for in this Agreement in, and otherwise to perform its obligations hereunder under; this Agreement shall not be affected by any set-off, of counterclaim, recoupment, defense or other claim, right or action which that the Company may have against the ExecutiveExecutive or others whether in respect of claims made under this Agreement or otherwise. In no event shall the Executive be obligated to seek other employment or take any other action by way of mitigation of the amounts amounts, benefits and other compensation payable or otherwise provided to the Executive under any of the provisions of this Agreement Agreement, and such amounts shall not be reduced reduced, regardless of whether or not the Executive obtains other employment.

Appears in 1 contract

Samples: Employment Agreement (Rite Aid Corp)

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