No Requirement to Mitigate. The Employee shall not be required to mitigate the amount of any payment provided for in this Section 5 by seeking other employment or otherwise.
No Requirement to Mitigate. Survival. Executive shall not be required to mitigate the amount of any payment provided for under this Agreement by seeking other employment or in any other manner. Notwithstanding anything to the contrary in this Agreement, the termination of Executive’s employment shall not impair the rights or obligations of any Party.
No Requirement to Mitigate. The Executive shall not be required -------------------------- to mitigate the amount of any payment provided for in this Paragraph 8 by seeking other employment or otherwise, nor shall the amount of any payment or benefit provided for in this Paragraph 8 be reduced by any compensation earned by him as the result of employment by, or any services provided to, another employer (whether or not a successor to the Company) or by retirement benefits after the Date of Termination, or otherwise.
No Requirement to Mitigate. The Employee shall not be required to mitigate the amount of any payment provided for herein by seeking other employment or otherwise.
No Requirement 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 shall the amount of any payment provided for under this section be reduced by any compensation earned by the Executive as the result of employment by another employer after the Date of Termination, or otherwise.
No Requirement to Mitigate. The Employee shall not be required to mitigate the amount of any payment or benefit provided for in this Section 11 by seeking other employment or otherwise, and, unless specifically contemplated by this Agreement, the amount of any payment or benefit provided for in this Section 11 shall not be reduced by any compensation or benefits earned by the Employee as the result of employment by another employer or by retirement benefits or from any other source.
No Requirement to Mitigate. Executive shall not be required to mitigate the amount of any payments provided in Section 12 by seeking other employment or otherwise, nor shall the amount of any payment provided for in this Section 12 be reduced by any compensation earned by Executive as a result of employment by another company or business, or by profits earned by Executive from any other source at any time before or after the Date of Termination.
No Requirement to Mitigate. In the event that any payment is made to the Executive pursuant to the provisions of subsection 10(e), the Executive shall not be required in any manner whatsoever to mitigate any damages resulting from the termination of employment. Furthermore, the payment referred to in subsection 10(e) shall be made regardless of whether the Executive seeks or finds employment of any nature whatsoever. The Corporation and the Executive acknowledge and agree that the provisions of subsection 10(e) are reasonable and that the total amount payable as outlined herein is an amount which has been agreed to between them to be payable hereunder or, in the alternative, is a reasonable pre-estimate of the damages which will be suffered by the Executive in the event of termination of employment (other than a termination pursuant to subsection 14(d)) and shall not be construed as a penalty.
No Requirement to Mitigate. Separation Pay Offset; Survival.
(i) Executive shall not be required to mitigate the amount of any payment provided for under this Agreement by seeking other employment or in any other manner.
(ii) In the case of Covered Termination Other Than During a Change in Control Period under Section 4(b)(ii)(A), if Executive accepts a Bona Fide Offer of Employment (as defined below) from another Person during the Separation Pay Period, Executive shall no longer be entitled to each of the Separation Pay Installments under Section 4(b)(ii)(A). Instead, in addition to the Separation Pay Installments Executive previously paid to Executive (and in lieu of the Separation Pay Installments not yet paid):
(A) If Executive accepts a Bona Fide Offer of Employment on or before the nine (9) month anniversary of the commencement of the Separation Pay Period, then Executive shall be entitled to an amount equal to six (6) months, less the number of Separation Pay Installments previously paid to Executive; or (B) If Executive accepts a Bona Fide Offer of Employment after the nine (9) month anniversary of the commencement of the Separation Pay Period, then Executive shall not be entitled to receive any further Separation Pay Installments. For the sake of clarity, under no circumstances shall Executive receive less than nine (9) months of Separation Pay in the case of a Covered Termination Other Than During a Change in Control Period.
(iii) Executive shall notify the Company in writing of Executive’s acceptance of a Bona Fide Offer of Employment within two (2) business days of such offer. Executive further agrees that the compensation paid in connection with any such Bona Find Offer of Employment will be negotiated in good faith and as the result of arm’s-length bargaining and not with the effect of diminishing the Company’s right to reduce the Separation Pay under this Agreement.
(iv) Notwithstanding anything to the contrary in this Agreement, the termination of Executive’s employment shall not impair the rights or obligations of any party.
No Requirement to Mitigate. 10.1 In the event that any payment is made to the Executive pursuant to the provisions of Section 9, the Executive shall not be required in any manner whatsoever to mitigate any damages resulting from the termination of employment. Furthermore, the payment referred to in Section 9 shall be made regardless of whether the Executive seeks or finds employment of any nature whatsoever.
