Common use of Set Off; Mitigation Clause in Contracts

Set Off; Mitigation. Except as otherwise provided in Section 9(o), the obligations of the Company to pay Executive the amounts provided and to make the arrangements provided hereunder shall not be subject to setoff, counterclaim or recoupment of amounts owed by Executive to the Company and/or its Affiliates. Executive shall not be required to mitigate the amount of any payment provided for pursuant to this Agreement by seeking other employment and, except as expressly provided herein, no amount payable hereunder shall be reduced by any payments or benefits received from such subsequent employment.

Appears in 7 contracts

Samples: Employment Agreement (Energy Future Holdings Corp /TX/), Employment Agreement (Energy Future Holdings Corp /TX/), Employment Agreement (Energy Future Holdings Corp /TX/)

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Set Off; Mitigation. Except as otherwise provided in Section 9(o), the obligations of the Company The Company’s obligation to pay Executive the amounts provided and to make the arrangements provided hereunder shall not be subject to setoffset-off, counterclaim counterclaim, or recoupment of amounts owed by Executive to the Company and/or or its Affiliatesaffiliates. Executive shall not be required to mitigate the amount of any payment provided for pursuant to this Agreement by seeking other employment andor otherwise, and except as expressly provided hereinin Section 7(e)(v) hereof, no the amount payable hereunder of any payment provided for pursuant to this Agreement shall not be reduced by any payments compensation earned as a result of Executive’s other employment or benefits received from such subsequent employmentotherwise.

Appears in 5 contracts

Samples: Employment Agreement (Waystar Holding Corp.), Employment Agreement (Waystar Holding Corp.), Employment Agreement (Waystar Holding Corp.)

Set Off; Mitigation. Except as otherwise provided in Section 9(o), the obligations of the Company to pay Executive the amounts provided and The Employer’s obligation to make the arrangements payments provided for in this Agreement or otherwise perform its obligations hereunder shall not be subject to setoff, counterclaim affected by any set-off or recoupment of amounts owed by Executive to claim the Company and/or its AffiliatesEmployer may have against Executive. Executive shall not be required to mitigate the amount of any payment provided for pursuant to in this Agreement by seeking other employment or otherwise and, except as expressly provided hereinin Sections 7(a)(ii) or 8(c)(ii), no amount payable hereunder such payment shall be offset or reduced by the amount of any payments compensation or benefits received from such provided to Executive in any subsequent employment.

Appears in 4 contracts

Samples: Employment Agreement (Peoples Bancorp of North Carolina Inc), Employment Agreement (Peoples Bancorp of North Carolina Inc), Employment Agreement (Peoples Bancorp of North Carolina Inc)

Set Off; Mitigation. Except as otherwise provided in Section 9(o), the obligations of the Company The Company’s obligation to pay Executive the amounts provided and to make the arrangements provided hereunder shall not be subject to setoffset-off, counterclaim counterclaim, or recoupment of amounts owed by Executive to the Company and/or or its Affiliatesaffiliates. Executive shall not be required to mitigate the amount of any payment provided for pursuant to this Agreement by seeking other employment andor otherwise, and except as expressly provided hereinin Section 7(d)(iv) hereof, no the amount payable hereunder of any payment provided for pursuant to this Agreement shall not be reduced by any payments compensation earned as a result of Executive’s other employment or benefits received from such subsequent employmentotherwise.

Appears in 4 contracts

Samples: Executive Employment Agreement, Executive Employment Agreement (SeaWorld Entertainment, Inc.), Executive Employment Agreement (SeaWorld Entertainment, Inc.)

Set Off; Mitigation. Except as otherwise provided in Section 9(o), the obligations of the Company The Company’s obligation to pay Executive the amounts provided and to make the arrangements provided hereunder shall not be subject to setoffset-off, counterclaim counterclaim, or recoupment of amounts owed by Executive to the Company and/or or its Affiliatesaffiliates. Executive shall not be required to mitigate the amount of any payment provided for pursuant to this Agreement by seeking other employment andor otherwise, and except as expressly provided hereinin Section 5(d)(vi), no the amount payable hereunder of any payment provided for pursuant to this Agreement shall not be reduced by any payments compensation earned as a result of Executive’s other employment or benefits received from such subsequent employmentotherwise.

Appears in 4 contracts

Samples: Employment Agreement (Empire State Realty OP, L.P.), Employment Agreement (Empire State Realty Trust, Inc.), Employment Agreement (Empire State Realty Trust, Inc.)

Set Off; Mitigation. Except as otherwise provided in Section 9(o), the obligations of the Company The Company’s obligation to pay Executive the amounts provided and to make the arrangements provided hereunder shall not be subject to setoffset-off, counterclaim counterclaim, or recoupment of amounts owed by Executive to the Company and/or or its Affiliates. affiliates Executive shall not be required to mitigate the amount of any payment provided for pursuant to this Agreement by seeking other employment andor otherwise, and except as expressly provided hereinin Section 7(e)(v) hereof, no the amount payable hereunder of any payment provided for pursuant to this Agreement shall not be reduced by any payments compensation earned as a result of Executive’s other employment or benefits received from such subsequent employmentotherwise.

Appears in 3 contracts

Samples: Employment Agreement (Cava Group, Inc.), Employment Agreement (Cava Group, Inc.), Employment Agreement (Cava Group, Inc.)

Set Off; Mitigation. Except as otherwise provided in Section 9(o), the obligations of the Company The Company’s obligation to pay Executive the amounts provided and to make the arrangements provided hereunder shall not be subject to setoffset-off, counterclaim counterclaim, or recoupment of amounts owed by Executive to the Company and/or or its Affiliates. Executive shall not be required to mitigate the amount of any payment provided for pursuant to this Agreement by seeking other employment andor otherwise, and except as expressly provided hereinin Section 7(e)(vi) hereof, no the amount payable hereunder of any payment provided for pursuant to this Agreement shall not be reduced by any payments compensation earned as a result of Executive’s other employment or benefits received from such subsequent employmentotherwise.

Appears in 2 contracts

Samples: Employment Agreement (Snap One Holdings Corp.), Employment Agreement (Snap One Holdings Corp.)

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Set Off; Mitigation. Except as otherwise provided in Section 9(o), the obligations of the Company The Company’s obligation to pay Executive the amounts provided and to make the arrangements provided hereunder shall not be subject to setoffset-off, counterclaim or recoupment of amounts lawfully owed by Executive to the Company and/or or its Affiliatesaffiliates. Executive shall not be required to mitigate the amount of any payment provided for pursuant to this Agreement by seeking other employment or otherwise and, except as expressly provided hereinin Section 8(d)(iv) hereof, no the amount payable hereunder of any payment provided for pursuant to this Agreement shall not be reduced by any payments compensation earned as a result of Executive’s other employment or benefits received from such subsequent employmentotherwise.

Appears in 2 contracts

Samples: Employment Agreement (Inogen Inc), Employment Agreement (Inogen Inc)

Set Off; Mitigation. Except as otherwise provided in Section 9(o), the obligations of the Company The Company’s obligation to pay Executive the amounts provided and to make the arrangements provided hereunder shall not be subject to setoffset-off, counterclaim or recoupment of amounts owed by Executive to the Company and/or or its Affiliatesaffiliates. Executive shall not be required to mitigate the amount of any payment provided for pursuant to this Agreement by seeking other employment or otherwise and, except with respect to COBRA benefits as expressly provided hereinin Section 8(d)(iv) hereof, no the amount payable hereunder of any payment provided for pursuant to this Agreement shall not be reduced by any payments compensation earned as a result of Executive’s other employment or benefits received from such subsequent employmentotherwise.

Appears in 1 contract

Samples: Employment Agreement (Inogen Inc)

Set Off; Mitigation. Except as otherwise provided in Section 9(o), the obligations of the Company The Company's obligation to pay Executive the amounts provided and to make the arrangements provided hereunder shall not be subject to setoffset-off, counterclaim or recoupment of amounts owed by Executive to the Company and/or or its Affiliatesaffiliates. Executive shall not be required to mitigate the amount of any payment provided for pursuant to this Agreement by seeking other employment or otherwise and, except as expressly provided hereinin Section 8(d)(iv) hereof, no the amount payable hereunder of any payment provided for pursuant to this Agreement shall not be reduced by any payments compensation earned as a result of Executive's other employment or benefits received from such subsequent employmentotherwise.

Appears in 1 contract

Samples: Employment Agreement (Inogen Inc)

Set Off; Mitigation. Except as otherwise provided in Section 9(o), the obligations of the Company The Company’s obligation to pay Executive the amounts provided and to make the arrangements provided hereunder shall not be subject to setoffset-off, counterclaim or recoupment of recoupment, other than amounts owed loaned or advanced to Executive by Executive to the Company and/or or its Affiliatesaffiliates or otherwise as provided in Section 7(c) hereof. Executive shall not be required to mitigate the amount of any payment provided for pursuant to this Agreement by seeking other employment and, except as expressly or otherwise and the amount of any payment provided herein, no amount payable hereunder for pursuant to this Agreement shall not be reduced by any payments compensation earned as a result of Executive’s other employment or benefits received from such subsequent employmentotherwise.

Appears in 1 contract

Samples: Employment Agreement (Toys R Us Inc)

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