Payment of Obligations Absolute. Except as provided in Sections 4.2(e) and 5.2 and in Article 6, the Company's obligation to make the payments and the arrangements provided for herein shall be absolute and unconditional, and shall not be affected by any circumstances, including, without limitation, any offset, counterclaim, recoupment, defense, or other right which the Company may have against the Executive or anyone else. All amounts payable by the Company hereunder shall be paid without notice or demand. Each and every payment made hereunder by the Company shall be final, and the Company shall not seek to recover all or any part of such payment from the Executive or from whoever may be entitled thereto, for any reasons whatsoever, except as otherwise provided in Article 6 or Article 9. The Executive shall not be obligated to seek other employment in mitigation of the amounts payable or arrangements made under any provision of this Agreement, and the obtaining of any such other employment shall in no event effect any reduction of the Company's obligations to make the payments and arrangements required to be made under this Agreement, except to the extent provided in Section 4.3(c).
Appears in 5 contracts
Samples: Change in Control Severance Agreement (Power One Inc), Change in Control Severance Agreement (Power One Inc), Change in Control Severance Agreement (Power One Inc)
Payment of Obligations Absolute. Except as provided in Sections 4.2(e) and ), 4.7, 5.2 and in Article 6, the Company's ’s obligation to make the payments and the arrangements provided for herein shall be absolute and unconditional, and shall not be affected by any circumstances, including, without limitation, any offset, counterclaim, recoupment, defense, or other right which the Company may have against the Executive or anyone else. All amounts payable by the Company hereunder shall be paid without notice or demand. Each and every payment made hereunder by the Company shall be final, and the Company shall not seek to recover all or any part of such payment from the Executive or from whoever may be entitled thereto, for any reasons whatsoever, except as otherwise provided in Article 6 or Article 9. The Executive shall not be obligated to seek other employment in mitigation of the amounts payable or arrangements made under any provision of this Agreement, and the obtaining of any such other employment shall in no event effect any reduction of the Company's ’s obligations to make the payments and arrangements required to be made under this Agreement, except to the extent provided in Section 4.3(c).
Appears in 3 contracts
Samples: Change in Control Severance Agreement (Power One Inc), Employment Agreement (Power One Inc), Change in Control Severance Agreement (Power One Inc)
Payment of Obligations Absolute. Except as provided in Sections 4.2(e4.3(g) and 5.2 and in Article 6, the Company's ’s obligation to make the payments and the arrangements provided for herein shall be absolute and unconditional, and shall not be affected by any circumstances, including, without limitation, any offset, counterclaim, recoupment, defense, or other right which the Company may have against the Executive or anyone else. All amounts payable by the Company hereunder shall be paid without notice or demand. Each and every payment made hereunder by the Company shall be final, and the Company shall not seek to recover all or any part of such payment from the Executive or from whoever whomsoever may be entitled thereto, for any reasons whatsoever, except as otherwise provided in Article 6 or Article 9. The Executive shall not be obligated to seek other employment in mitigation of the amounts payable or arrangements made under any provision of this Agreement, and the obtaining of any such other employment shall in no event effect any reduction of the Company's ’s obligations to make the payments and arrangements required to be made under this Agreement, except to the extent provided in Section 4.3(c4.4(d).
Appears in 2 contracts
Samples: Severance Agreement (Northrop Grumman Corp /De/), Employment Agreement (Northrop Grumman Corp /De/)
Payment of Obligations Absolute. Except as provided in Sections 4.2(e4.3(e) and 5.2 and in Article 6, the Company's ’s obligation to make the payments and the arrangements provided for herein shall be absolute and unconditional, and shall not be affected by any circumstances, including, without limitation, any offset, counterclaim, recoupment, defense, or other right which the Company may have against the Executive or anyone else. All amounts payable by the Company hereunder shall be paid without notice or demand. Each and every payment made hereunder by the Company shall be final, and the Company shall not seek to recover all or any part of such payment from the Executive or from whoever whomsoever may be entitled thereto, for any reasons whatsoever, except as otherwise provided in Article 6 or Article 9; provided that this Section does not preclude the Company from pursuing causes of action that it otherwise might have against the Executive. The Executive shall not be obligated to seek other employment in mitigation of the amounts payable or arrangements made under any provision of this Agreement, and the obtaining of any such other employment shall in no event effect any reduction of the Company's ’s obligations to make the payments and arrangements required to be made under this Agreement, except to the extent provided in Section 4.3(c4.4(d).
Appears in 2 contracts
Samples: Severance Agreement (Northrop Grumman Corp /De/), Severance Agreement (Northrop Grumman Corp /De/)
Payment of Obligations Absolute. Except as provided in Sections 4.2(e) and 5.2 and in Article 6Section 4.2, the Company's obligation to make the payments and the arrangements provided for herein shall be absolute and unconditional, and shall not be affected by any circumstances, including, without limitation, any offset, counterclaim, recoupment, defense, or other right which the Company may have against the Executive or anyone else. All amounts payable by the Company hereunder shall be paid without notice or demand. Each and every payment made hereunder by the Company shall be final, and the Company shall not seek to recover all or any part of such payment from the Executive or from whoever whomsoever may be entitled thereto, for any reasons whatsoever, except as otherwise provided in Article 6 5 or Article 97. The Executive shall not be obligated to seek other employment in mitigation of the amounts payable or arrangements made under any provision of this Agreement, and the obtaining of any such other employment shall in no event effect any reduction of the Company's obligations to make the payments and arrangements required to be made under this Agreement, except to the extent provided in Section 4.3(c).
Appears in 1 contract
Samples: Change in Control Agreement (China Finance Online Co. LTD)
Payment of Obligations Absolute. Except as provided in Sections 4.2(e) and 5.2 and in Article 6, the Company's ’s obligation to make the payments and the arrangements provided for herein shall be absolute and unconditional, and shall not be affected by any circumstances, including, without limitation, any offset, counterclaim, recoupment, defense, or other right which the Company may have against the Executive or anyone else. All amounts payable by the Company hereunder shall be paid without notice or demand. Each and every payment made hereunder by the Company shall be final, and the Company shall not seek to recover all or any part of such payment from the Executive or from whoever may be entitled thereto, for any reasons whatsoever, except as otherwise provided in Article 6 or Article 9. The Executive shall not be obligated to seek other employment in mitigation of the amounts payable or arrangements made under any provision of this Agreement, and the obtaining of any such other employment shall in no event effect any reduction of the Company's ’s obligations to make the payments and arrangements required to be made under this Agreement, except to the extent provided in Section 4.3(c).
Appears in 1 contract
Samples: Change in Control Severance Agreement (Power One Inc)
Payment of Obligations Absolute. Except as provided in Sections 4.2(e) and 5.2 Section 4.2 and in Article 65, the Company's ’s obligation to make the payments and the arrangements provided for herein shall be absolute and unconditional, and shall not be affected by any circumstances, including, without limitation, any offset, counterclaim, recoupment, defense, or other right which the Company may have against the Executive or anyone else. All amounts payable by the Company hereunder shall be paid without notice or demand. Each and every payment made hereunder by the Company shall be final, and the Company shall not seek to recover all or any part of such payment from the Executive or from whoever may be entitled thereto, for any reasons whatsoever, except as otherwise provided in Article 6 5 or Article 98. The Executive shall not be obligated to seek other employment in mitigation of the amounts payable or arrangements made under any provision of this Agreement, and the obtaining of any such other employment shall in no event effect any reduction of the Company's ’s obligations to make the payments and arrangements required to be made under this Agreement, except to the extent provided in Section 4.3(c3.3(c).
Appears in 1 contract
Samples: Change in Control Severance Agreement (Diagnostic Products Corp)
Payment of Obligations Absolute. Except as provided in Sections 4.2(e) and 5.2 and in Article 6Section 4.2, the Company's ’s obligation to make the payments and the arrangements provided for herein shall be absolute and unconditional, and shall not be affected by any circumstances, including, without limitation, any offset, counterclaim, recoupment, defense, or other right which the Company may have against the Executive or anyone else. All amounts payable by the Company hereunder shall be paid without notice or demand. Each and every payment made hereunder by the Company shall be final, and the Company shall not seek to recover all or any part of such payment from the Executive or from whoever whomsoever may be entitled thereto, for any reasons whatsoever, except as otherwise provided in Article 6 5 or Article 97. The Executive shall not be obligated to seek other employment in mitigation of the amounts payable or arrangements made under any provision of this Agreement, and the obtaining of any such other employment shall in no event effect any reduction of the Company's ’s obligations to make the payments and arrangements required to be made under this Agreement, except to the extent provided in Section 4.3(c).
Appears in 1 contract
Samples: Change in Control Agreement (China Finance Online Co. LTD)