Common use of Set Off; No Mitigation Clause in Contracts

Set Off; No Mitigation. The Company’s obligation to pay the Executive the amounts provided and to make the arrangements provided hereunder will be subject to set-off, counterclaim, or recoupment of amounts owed by the Executive to the Company or any of its Affiliates. In no event will 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, nor will the amount of any payment hereunder be reduced by any compensation earned by the Executive as a result of employment by a subsequent employer, except as provided in Section 4 hereof.

Set Off; No Mitigation. The Company’s obligation to pay the Executive the amounts provided and to make the arrangements provided hereunder will be subject to set-off, counterclaim, or recoupment of amounts owed by the Executive to the Company or any of its Affiliatessubsidiaries. In no event will 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, nor will the amount of any payment hereunder be reduced by any compensation earned by the Executive as a result of employment by a subsequent employer, except as expressly provided in Section 4 8 hereof.

Set Off; No Mitigation. The Company’s obligation to pay the Executive the amounts provided and to make the arrangements provided hereunder will shall be subject to set-off, counterclaim, counterclaim or recoupment of amounts owed by the Executive to the Company or any its affiliates, except to the extent such set-off would result in a violation of its Affiliates. In no event will the Executive be obligated to seek other employment or take any other action by way of mitigation Section 409A of the amounts payable Code (as defined below). Executive shall not be required to the Executive under any of the provisions of this Agreement, nor will mitigate the amount of any payment hereunder provided for pursuant to this Agreement by seeking other employment, and such payments shall not be reduced by any compensation earned by the Executive as a result of employment by a or benefits received from any subsequent employer, except as provided in Section 4 hereofemployer or other endeavor.

Set Off; No Mitigation. The Company’s obligation to pay the Executive the amounts provided and to make the arrangements provided hereunder will be subject to set-off, counterclaim, or recoupment of amounts owed by the Executive to the Company or any of its Affiliatesaffiliates. In no event will 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, nor will the amount of any payment hereunder be reduced by any compensation earned by the Executive as a result of employment by a subsequent employer, except as provided in Section 4 7 hereof.

Set Off; No Mitigation. The Company’s obligation to pay the Executive the amounts provided herein and to make the arrangements provided hereunder will shall be subject to set-off, counterclaim, counterclaim or recoupment of amounts owed by the Executive to the any Company or any of its AffiliatesGroup member. In no event will the Executive shall not be obligated required 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, nor will mitigate the amount of any payment hereunder provided for pursuant to this Agreement by seeking other employment, and such payments shall not be reduced by any compensation earned by the Executive as a result of employment by a or benefits received from any subsequent employer, employer (except as provided for in Section 4 hereof5(d)(i)(C)(iii)), self-employment or other endeavor.

Set Off; No Mitigation. The Company’s obligation to pay the Executive the amounts provided herein and to make the arrangements provided hereunder will shall be subject to set-off, counterclaim, counterclaim or recoupment of amounts owed by the Executive to the any Company or any of its AffiliatesGroup member. In no event will the Executive shall not be obligated required 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, nor will mitigate the amount of any payment hereunder provided for pursuant to this Agreement by seeking other employment, and such payments shall not be reduced by any compensation earned by the Executive as a result of employment by a or benefits received from any subsequent employer, employer (except as provided for in Section 4 hereof5(d)(i)(C)), self-employment or other endeavor.