Other Employment. In the event of termination under the circumstances contemplated in SECTION 4(b) hereunder, the Executive shall have no duty to seek any other employment after termination of his employment with the Corporation and the Corporation hereby waives and agrees not to raise or use any defense based upon the position that the Executive had a duty to mitigate or reduce the amounts due him hereunder by seeking other employment whether suitable or unsuitable and should the Executive obtain other employment, then the only effect of such on the obligations of the Corporation shall be that the Corporation shall be entitled to credit against any payments that would otherwise be made pursuant to SECTION 7 hereof, any comparable payments to which the executive is entitled under the employee benefit plans maintained by the Executive's other employer or employers in connection with services to such employer or employers after termination of this employment with the Corporation.
Appears in 9 contracts
Samples: Executive Compensation Agreement (Tollgrade Communications Inc \Pa\), Executive Employment Agreement (Tollgrade Communications Inc \Pa\), Executive Compensation Agreement (Tollgrade Communications Inc \Pa\)
Other Employment. In the event of a termination of employment under the circumstances contemplated above described in SECTION 4(bSection 3(b) hereunderhereof, the Executive shall have no duty to seek any other employment after termination of his the Executive’s employment with the Corporation and the Corporation hereby waives and agrees not to raise or use any defense based upon on the position that the Executive had a duty to mitigate or reduce the amounts due him the Executive hereunder by seeking other employment whether suitable or unsuitable and should the Executive obtain other employment, then the only effect of such on the obligations of the Corporation hereunder shall be that the Corporation shall be entitled to credit against any payments that which would otherwise be made pursuant to SECTION 7 Sections 5(a) or 5(b) hereof, any comparable payments to which the executive Executive is entitled under the employee benefit plans maintained by the Executive's ’s other employer or employers in connection with services to such employer or employers after termination of this the Executive’s employment with the Corporation.
Appears in 8 contracts
Samples: Executive Compensation Agreement (Black Box Corp), Executive Employment Agreement (Black Box Corp), Employment Agreement (Black Box Corp)
Other Employment. In the event of termination under the circumstances contemplated in SECTION Section 4(b) hereunder, the Executive shall have no duty to seek any other employment after termination of his employment with the Corporation and the Corporation hereby waives and agrees not to raise or use any defense based upon the position that the Executive had a duty to mitigate or reduce the amounts due him hereunder by seeking other employment whether suitable or unsuitable and should the Executive obtain other employment, then the only effect of such on the obligations of the Corporation shall be that the Corporation shall be entitled to credit against any payments that would otherwise be made pursuant to SECTION Section 7 hereof, any comparable payments to which the executive is entitled under the employee benefit plans maintained by the Executive's ’s other employer or employers in connection with services to such employer or employers after termination of this employment with the Corporation.
Appears in 5 contracts
Samples: Executive Employment Agreement (Tollgrade Communications Inc \Pa\), Executive Employment Agreement (Tollgrade Communications Inc \Pa\), Executive Employment Agreement (Tollgrade Communications Inc \Pa\)
Other Employment. In the event of termination under the circumstances contemplated in SECTION 4(b4(B) hereunder, the Executive shall have no duty to seek any other employment after termination of his employment with the Corporation and the Corporation hereby waives and agrees not to raise or use any defense based upon the position that the Executive had a duty to mitigate or reduce the amounts due him hereunder by seeking other employment whether suitable or unsuitable and should the Executive obtain other employment, then the only effect of such on the obligations of the Corporation shall be that the Corporation shall be entitled to credit against any payments that would otherwise be made pursuant to SECTION 7 hereof, any comparable payments to which the executive is entitled under the employee benefit plans maintained by the Executive's other employer or employers in connection with services to such employer or employers after termination of this employment with the Corporation.
Appears in 5 contracts
Samples: Executive Employment Agreement (Tollgrade Communications Inc \Pa\), Executive Employment Agreement (Tollgrade Communications Inc \Pa\), Employment Agreement (Tollgrade Communications Inc \Pa\)
Other Employment. In the event of a termination of employment under the circumstances contemplated above described in SECTION 4(bSection 3(b) hereunderhereof, the Executive shall have no duty to seek any other employment after termination of his the Executive's employment with the Corporation and the Corporation hereby waives and agrees not to raise or use any defense based upon on the position that the Executive had a duty to mitigate or reduce the amounts due him the Executive hereunder by seeking other employment whether suitable or unsuitable and should the Executive obtain other employment, then the only effect of such on the obligations of the Corporation hereunder shall be that the Corporation shall be entitled to credit against any payments that which would otherwise be made pursuant to SECTION 7 Sections 5(a) or 5(b) hereof, any comparable payments to which the executive Executive is entitled under the employee benefit plans maintained by the Executive's other employer or employers in connection with services to such employer or employers after termination of this the Executive's employment with the Corporation.
Appears in 3 contracts
Samples: Executive Employment Agreement (Black Box Corp), Employment Agreement (Black Box Corp), Executive Employment Agreement (Black Box Corp)
Other Employment. In the event of a termination of employment under the circumstances contemplated above described in SECTION Section 4(b) hereunderor 4(c) hereof, the Executive shall have no duty to seek any other employment after termination of his employment with the Corporation and the Corporation hereby waives and agrees not to raise or use any defense based upon on the position that the Executive had a duty to mitigate or reduce the amounts due him hereunder by seeking other employment whether suitable or unsuitable and should the Executive obtain other employment, then the only effect of such on the obligations of the Corporation hereunder shall be that the Corporation shall be entitled to credit against any payments that which would otherwise be made pursuant to SECTION Section 7 hereof, any comparable payments to which the executive Executive is entitled under the employee benefit plans maintained by the Executive's ’s other employer or employers in connection with services to such employer or employers after termination of this his employment with the Corporation.
Appears in 3 contracts
Samples: Executive Employment Agreement (Tollgrade Communications Inc \Pa\), Employment Agreement (Tollgrade Communications Inc \Pa\), Employment Agreement (Tollgrade Communications Inc \Pa\)