Common use of No Set-off or Mitigation Clause in Contracts

No Set-off or Mitigation. The Corporation’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 Corporation 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; provided, however, if Executive is employed during any portion of the period covered by Section 9(b)(iii) above and receives benefits in connection with such employment, the Corporation shall not be required to provide any benefits pursuant to Section 9(b)(iii) to the extent duplicative benefits are provided by such new employer.

No Set-off or Mitigation. The Corporation’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 Corporation 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; provided, however, if Executive is employed during any portion of the period covered by Section 9(b)(iii) above and receives benefits in connection with such employment, the Corporation shall not be required to provide any benefits pursuant to Section 9(b)(iii) to the extent duplicative benefits are provided by such new employer.