Common use of No Offsets or Mitigation Clause in Contracts

No Offsets or Mitigation. Except as otherwise provided in Section 11.2(B), Windstream’s obligation to make the payments provided for in Sections 7 or 10.1(B) of this Agreement and otherwise to perform its obligations hereunder shall be absolute and unconditional and shall not be affected by any set-off, counterclaim, recoupment, defense or other claim, right or action which the Windstream Group may have against the Executive or others. 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: Employment Agreement (Windstream Corp), Employment Agreement (Windstream Corp)

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No Offsets or Mitigation. Except as otherwise provided in Section 11.2(B), Windstream’s obligation to make the payments provided for in Sections Section 7 or 10.1(B) of this Agreement and otherwise to perform its obligations hereunder shall be absolute and unconditional and shall not be affected by any set-offsetoff, counterclaim, recoupment, defense or other claim, right or action which the Windstream Group may have against the Executive or others. 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: Employment Agreement (Windstream Services, LLC), Employment Agreement (Windstream Services, LLC)

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