Set Off; Mitigation. The Company’s obligation to pay Executive the amounts provided and to make the arrangements provided hereunder shall not be subject to set-off, counterclaim or recoupment, other than amounts loaned or advanced to Executive by the Company or its affiliates, amounts owed by Executive under the Incentive Plans, 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 or otherwise and the amount of any payment provided for pursuant to this Agreement shall not be reduced by any compensation earned as a result of Executive’s other employment or otherwise.
Appears in 6 contracts
Samples: Employment Agreement (Toys R Us Inc), Employment Agreement (Toys R Us Inc), Employment Agreement (Toys R Us Inc)
Set Off; Mitigation. The Company’s obligation to pay Executive the amounts provided and to make the arrangements provided hereunder shall not be subject to set-off, counterclaim or recoupment, other than amounts loaned or advanced to Executive by the Company or its affiliates, amounts owed by Executive under the Incentive PlansEquity Documents, 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 or otherwise and the amount of any payment provided for pursuant to this Agreement shall not be reduced by any compensation earned as a result of Executive’s other employment or otherwise.
Appears in 6 contracts
Samples: Employment Agreement (Toys R Us Inc), Employment Agreement (Toys R Us Inc), Employment Agreement (Toys R Us Inc)
Set Off; Mitigation. The Company’s obligation to pay Executive the amounts provided and to make the arrangements provided hereunder shall not be subject to set-off, counterclaim or recoupment, other than except for any amounts loaned or advanced to Executive by the Company or its affiliates, amounts owed by Executive under the Incentive Plans, affiliates or otherwise as provided in Section 7(c8(c)(iii) hereof. Notwithstanding the foregoing, 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 the amount of any payment provided for pursuant to this Agreement shall not be reduced by any compensation earned as a result of Executive’s other employment or otherwise.
Appears in 5 contracts
Samples: Employment Agreement (Texas Genco Inc.), Employment Agreement (Texas Genco Inc.), Employment Agreement (Texas Genco Inc.)
Set Off; Mitigation. The Company’s obligation to pay Executive the amounts provided and to make the arrangements provided hereunder shall not be subject to set-off, counterclaim or recoupment, other than amounts loaned or advanced to Executive by the Company or its affiliates, amounts owed by Executive under the Incentive Plans, Affiliates or otherwise as provided in Section 7(c7(c)(ii)(C) hereof. 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 the amount of any payment provided for pursuant to this Agreement shall not be reduced by any compensation earned as a result of Executive’s other employment or otherwise.
Appears in 3 contracts
Samples: Employment Agreement (Visant Corp), Employment Agreement (Visant Corp), Employment Agreement (Visant Corp)
Set Off; Mitigation. The CompanyEmployer’s obligation to pay Executive the amounts provided and to make the arrangements provided hereunder shall not be subject to set-off, counterclaim or recoupment, other than amounts loaned or advanced to Executive by the Company or its affiliates, amounts owed by Executive under the Incentive Plans, Affiliates or otherwise as provided in Section 7(c8(c) hereof. 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 the amount of any payment provided for pursuant to this Agreement shall not be reduced by any compensation earned as a result of Executive’s other employment or otherwise.
Appears in 2 contracts
Samples: Employment Agreement (Visant Holding Corp), Employment Agreement (Jostens Holding Corp)
Set Off; Mitigation. The Company’s obligation to pay Executive the amounts provided and to make the arrangements provided hereunder shall not be subject to set-set- off, counterclaim or recoupment, other than amounts loaned or advanced to Executive by the Company or its affiliates, amounts owed by Executive under the Incentive Plans, 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 or otherwise and the amount of any payment provided for pursuant to this Agreement shall not be reduced by any compensation earned as a result of Executive’s other employment or otherwise.
Appears in 1 contract
Samples: Employment Agreement (Toys R Us Inc)
Set Off; Mitigation. The Company’s 's obligation to pay Executive the amounts provided and to make the arrangements provided hereunder shall not be subject to set-off, counterclaim or recoupment, other than amounts loaned or advanced to Executive by the Company or its affiliates, amounts owed by Executive under the Incentive PlansEquity Documents, 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 or otherwise and the amount of any payment provided for pursuant to this Agreement shall not be reduced by any compensation earned as a result of Executive’s 's other employment or otherwise.
Appears in 1 contract
Samples: Employment Agreement (Toys R Us Inc)
Set Off; Mitigation. The Company’s obligation to pay Executive the amounts provided and to make the arrangements provided hereunder shall not be subject to set-off, counterclaim or recoupment, other than recoupment of amounts loaned or advanced owed by Executive to Executive by the Company or its affiliates, other than any amounts owed by Executive under the Incentive Plans, or otherwise due and owing as provided in for under Section 7(c8(c)(iii)(C) hereof. 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 the amount of any payment provided for pursuant to this Agreement shall not be reduced by any compensation earned as a result of Executive’s other employment or otherwise.
Appears in 1 contract
Samples: Employment Agreement (Frontier Communications Corp)
Set Off; Mitigation. The Company’s 's obligation to pay Executive the amounts provided and to make the arrangements provided hereunder shall not be subject to set-off, counterclaim or recoupment, other than recoupment of amounts loaned or advanced owed by Executive to Executive by the Company or its affiliates, other than any amounts owed by Executive under the Incentive Plans, or otherwise due and owing as provided in for under Section 7(c8(c)(iii)(C) hereof. 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 the amount of any payment provided for pursuant to this Agreement shall not be reduced by any compensation earned as a result of Executive’s 's other employment or otherwise.
Appears in 1 contract
Samples: Employment Agreement (Frontier Communications Corp)
Set Off; Mitigation. The Company’s obligation to pay Executive the amounts provided and to make the arrangements provided hereunder shall not be subject to set-off, counterclaim counterclaim, or recoupment, other than recoupment of amounts loaned or advanced owed by Executive to Executive by the Company or its affiliates, amounts owed by Executive under the Incentive Plans, 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 or otherwise otherwise, and except as provided in Section 7(b)(iii) and Section 7(d)(iv) hereof, the amount of any payment provided for pursuant to this Agreement shall not be reduced by any compensation earned as a result of Executive’s other employment or otherwise.
Appears in 1 contract
Samples: Executive Employment Agreement (SeaWorld Entertainment, Inc.)
Set Off; Mitigation. The Company’s obligation to pay Executive the amounts provided and to make the arrangements provided hereunder shall not be subject to set-off, counterclaim counterclaim, or recoupment, other than recoupment of amounts loaned or advanced owed by Executive to Executive by the Company or its affiliates, amounts owed by Executive under the Incentive Plans, 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 or otherwise otherwise, and except as provided in Section 6(b)(iii) and Section 6(d)(v) hereof, the amount of any payment provided for pursuant to this Agreement shall not be reduced by any compensation earned as a result of Executive’s other employment or otherwise.
Appears in 1 contract
Samples: Executive Employment Agreement (SeaWorld Entertainment, Inc.)
Set Off; Mitigation. The Company’s obligation to pay Executive the amounts provided and to make the arrangements provided hereunder shall not be subject to set-off, counterclaim or recoupment, other than amounts loaned or advanced to Executive by the Company or its affiliates, [amounts provided to Executive pursuant to Section 5(b) as per the terms thereof.] amounts owed by Executive under the Incentive PlansPlan, 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 or otherwise and the amount of any payment provided for pursuant to this Agreement shall not be reduced by any compensation earned as a result of Executive’s other employment or otherwise.
Appears in 1 contract
Samples: Employment Agreement (Toys R Us Inc)
Set Off; Mitigation. The Company’s 's obligation to pay Executive the amounts provided and to make the arrangements provided hereunder shall not be subject to set-off, counterclaim or recoupment, other than recoupment of amounts loaned or advanced owed by Executive to Executive by the Company or its affiliates, other than any amounts owed by Executive under the Incentive Plans, or otherwise due and owing as provided in for under Section 7(c8(c)(iii)(B) hereof. 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 the amount of any payment provided for pursuant to this Agreement shall not be reduced by any compensation earned as a result of Executive’s 's other employment or otherwise.
Appears in 1 contract
Set Off; Mitigation. The Company’s obligation to pay Executive the amounts provided and to make the arrangements provided hereunder shall not be subject to set-off, counterclaim or recoupment, other than amounts loaned or advanced to Executive by the Company or its affiliates, amounts provided to Executive pursuant to Section 4(b) and Section 5(d) as per the terms thereof, amounts owed by Executive under the Incentive PlansPlan, 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 or otherwise and the amount of any payment provided for pursuant to this Agreement shall not be reduced by any compensation earned as a result of Executive’s other employment or otherwise.
Appears in 1 contract
Samples: Employment Agreement (Toys R Us Inc)
Set Off; Mitigation. The Company’s obligation to pay Executive the amounts provided and to make the arrangements provided hereunder shall not be subject to set-off, counterclaim counterclaim, or recoupment, other than recoupment of amounts loaned or advanced owed by Executive to Executive by the Company or its affiliates, amounts owed by Executive under the Incentive Plans, 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 or otherwise otherwise, and except as provided in Section 6(b)(iii) and Section 6(d)(iv) hereof, the amount of any payment provided for pursuant to this Agreement shall not be reduced by any compensation earned as a result of Executive’s other employment or otherwise.
Appears in 1 contract
Samples: Executive Employment Agreement (SeaWorld Entertainment, Inc.)
Set Off; Mitigation. The Company’s obligation to pay Executive the amounts provided and to make the arrangements provided hereunder shall not be subject to set-off, counterclaim or recoupment, other than recoupment of amounts loaned or advanced owed by Executive to Executive by the Company or its affiliates, other than any amounts owed by Executive under the Incentive Plans, or otherwise due and owing as provided in for under Section 7(c8(c)(iii)(B) hereof. 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 the amount of any payment provided for pursuant to this Agreement shall not be reduced by any compensation earned as a result of Executive’s other employment or otherwise.
Appears in 1 contract
Samples: Employment Agreement (Frontier Communications Corp)