Settlement of Claims. The Company’s obligation to make the payments provided for in this Agreement and otherwise to perform its obligations hereunder shall not be affected by any circumstances, including, without limitation, any set-off, counterclaim, recoupment, defense or other right which the Company may have against the Executive or others.
Appears in 86 contracts
Samples: Change in Control Severance Protection Agreement (Campbell Soup Co), Change in Control Severance Protection Agreement (Campbell Soup Co), Change in Control Agreement (Equity Commonwealth)
Settlement of Claims. The Company’s 's obligation to make the payments provided for in this Agreement and otherwise to perform its obligations hereunder shall not be affected by any circumstances, including, without limitation, any set-off, counterclaim, recoupment, defense or other right which the Company may have against the Executive or others.
Appears in 76 contracts
Samples: Termination Protection Agreement (Radioshack Corp), Termination Protection Agreement (Radioshack Corp), Employment Agreement (Empire Resorts Inc)
Settlement of Claims. The Company’s 's obligation to make the payments provided for in this Agreement and otherwise to perform its obligations hereunder shall not be affected by any circumstances, including, without limitation, any set-off, counterclaim, recoupment, defense or other right which the Company may have against the an Executive or others.
Appears in 19 contracts
Samples: Severance Agreement (Artisoft Inc), Severance Agreement (Artisoft Inc), Severance Agreement (Mti Technology Corp)
Settlement of Claims. The Company’s 's obligation to make the payments provided for in this Agreement and otherwise to perform its obligations hereunder shall not be affected by any circumstances, including, without limitation, any set-off, counterclaim, defense, recoupment, defense or other right which the Company may have against the Executive or others.
Appears in 14 contracts
Samples: Severance Protection Agreement (Information Resources Inc), Severance Protection Agreement (Gpu Inc /Pa/), Severance Protection Agreement (Gadzooks Inc)
Settlement of Claims. The Company’s 's obligation to make the payments -------------------- provided for in this Agreement and otherwise to perform its obligations hereunder shall not be affected by any circumstances, including, without limitation, any set-off, counterclaim, recoupment, defense or other right which the Company may have against the Executive or others.
Appears in 13 contracts
Samples: Change of Control Agreement (Metavante Corp), Severance Protection and Non Competition Agreement (Abc Bancorp), Severance Protection Agreement (Barrett Resources Corp)
Settlement of Claims. The CompanyCorporation’s obligation to make the payments provided for in this Agreement and otherwise to perform its obligations hereunder shall not be affected by any circumstances, including, without limitation, any set-off, counterclaim, recoupment, defense or other right which the Company Corporation may have against the Executive or others.
Appears in 12 contracts
Samples: Retention Agreement (Hansen Medical Inc), Retention Agreement (Hansen Medical Inc), Retention Agreement (Hansen Medical Inc)
Settlement of Claims. The Company’s 's obligation to make the -------------------- payments provided for in this Agreement and otherwise to perform its obligations hereunder shall not be affected by any circumstances, including, without limitation, any set-off, counterclaim, defense, recoupment, defense or other right which the Company may have against the Executive or others.
Appears in 12 contracts
Samples: Severance Protection Agreement (Gpu Inc /Pa/), Severance Protection Agreement (Gpu Inc /Pa/), Severance Protection Agreement (Pennsylvania Electric Co)
Settlement of Claims. The Company’s 's obligation to make the -------------------- payments provided for in this Agreement and otherwise to perform its obligations hereunder shall not be affected by any circumstances, including, without limitation, any set-off, counterclaim, recoupment, defense or other right which the Company may have against the Executive or others.
Appears in 10 contracts
Samples: Employment Agreement (Limited Inc), Employment Agreement (Limited Inc), Severance Protection Agreement (Barrett Resources Corp)
Settlement of Claims. The Company’s 's obligation to make the payments provided for in this Agreement and otherwise to perform its obligations hereunder shall not be affected by any circumstances, including, without limitation, any set-off, counterclaim, recoupment, defense or other right which the Company may have against the Executive or others. The Company may, however, withhold from any benefits payable under this Agreement all federal, state, city, or other taxes as shall be required pursuant to any law or governmental regulation or ruling.
Appears in 10 contracts
Samples: Employment Agreement (El Banco Financial Corp), Employment Agreement (El Banco Financial Corp), Employment Agreement (El Banco Financial Corp)
Settlement of Claims. The Company’s obligation to make the payments provided for in this Agreement and to otherwise to perform its obligations hereunder shall not be affected by any circumstances, including, without limitation, any set-off, counterclaim, recoupment, defense or other right which the Company may have against the Executive or others. The Company may, however, withhold from any benefits payable under this Agreement all federal, state, city or other taxes as shall be required pursuant to any law or governmental regulation or ruling.
Appears in 9 contracts
Samples: Employment Agreement (Affirmative Insurance Holdings Inc), Employment Agreement (Affirmative Insurance Holdings Inc), Change in Control Agreement (Affirmative Insurance Holdings Inc)
Settlement of Claims. The Company’s obligation to make the payments provided for in this Agreement and otherwise to perform its obligations hereunder shall not be affected by any circumstances, including, without limitation, any set-off, counterclaim, recoupment, defense or other right which the Company may have against the Executive Employee or others.
Appears in 8 contracts
Samples: Employment Agreement, Employment Agreement (Mobile Mini Inc), Employment Agreement (Mobile Mini Inc)
Settlement of Claims. The CompanyCorporation’s obligation to make the payments provided for in this Agreement and otherwise to perform its obligations hereunder shall not be affected by any circumstances, including, without limitation, any set-off, counterclaim, defense, recoupment, defense or other right which the Company Corporation may have against the Executive or others.
Appears in 7 contracts
Samples: Severance Protection Agreement (CommScope Holding Company, Inc.), Severance Protection Agreement (CommScope Holding Company, Inc.), Severance Protection Agreement (CommScope Holding Company, Inc.)
Settlement of Claims. The Company’s obligation to make the payments provided for in this Agreement and otherwise to perform its obligations hereunder shall not be affected by any circumstances, including, without limitation, any set-off, counterclaim, recoupment, defense defense, or other right which the Company may have against the Executive or others.
Appears in 7 contracts
Samples: Employment Agreement (Limited Brands Inc), Employment Agreement (Limited Brands Inc), Employment Agreement (Limited Brands Inc)
Settlement of Claims. The Company’s 's obligation to make the payments provided for in this Agreement and otherwise to perform its obligations hereunder shall not be affected by any circumstances, including, without limitation, any set-off, counterclaim, recoupment, defense or other right which the Company may have against the Executive Employee or others.
Appears in 7 contracts
Samples: Employment Agreement (Bidz.com, Inc.), Employment Agreement (Bidz.com, Inc.), Employment Agreement (Ribapharm Inc)
Settlement of Claims. The CompanyEmployer’s obligation to make the payments provided for in this Agreement and otherwise to perform its obligations hereunder shall not be affected by any circumstances, including, without limitation, any set-off, counterclaim, defense, recoupment, defense or other right which the Company Employer may have against the Executive or others.
Appears in 7 contracts
Samples: Change in Control Severance Agreement (Quorum Health Corp), Change in Control Severance Agreement (Quorum Health Corp), Change in Control Severance Agreement (Quorum Health Corp)
Settlement of Claims. The Company’s 's obligation to make the payments payment provided for in this Agreement and otherwise to perform its obligations hereunder shall not be affected by any circumstances, including, without limitation, any set-off, counterclaim, recoupment, defense or other right which the Company may have against the Executive or others.
Appears in 6 contracts
Samples: Change in Control Agreement (Aml Communications Inc), Change in Control Agreement (Aml Communications Inc), Change in Control Agreement (Aml Communications Inc)
Settlement of Claims. The Company’s obligation to make the payments provided for in this Agreement and otherwise to perform its obligations hereunder shall not be affected by any circumstances, including, without limitation, any set-off, counterclaim, recoupment, defense or other right which the Company may have against the Executive or othersExecutive.
Appears in 6 contracts
Samples: Employment Agreement, Employment Agreement (Fogo De Chao, Inc.), Employment Agreement (Reign Sapphire Corp)
Settlement of Claims. The CompanyCorporation’s obligation to make the payments payment provided for in this Agreement and otherwise to perform its obligations hereunder shall not be affected by any circumstances, including, without limitation, any set-off, counterclaim, recoupmentdefense, defense recoupment or other right which the Company Corporation may have against the Executive or othersExecutive.
Appears in 6 contracts
Samples: Change in Control Agreement (Saga Communications Inc), Change in Control Agreement (Saga Communications Inc), Change in Control Agreement (Saga Communications Inc)
Settlement of Claims. The Company’s Corporation's obligation to make the payments provided for in this Agreement and otherwise to perform its obligations hereunder shall not be affected by any circumstances, including, without limitation, any set-off, counterclaim, defense, recoupment, defense or other right which the Company Corporation may have against the Executive or others.
Appears in 6 contracts
Samples: Severance Protection Agreement (Motorola Inc), Severance Protection Agreement (General Semiconductor Inc), Employment Agreement (Brunswick Technologies Inc)
Settlement of Claims. The Company’s 's obligation to make the payments provided for in this Agreement and otherwise to perform its obligations hereunder shall not be affected by any circumstances, including, without limitation, any set-off, counterclaim, recoupment, defense defense, or other right which the Company may have against the Executive or others.
Appears in 6 contracts
Samples: Employment Agreement (Limited Brands Inc), Employment Agreement (Limited Brands Inc), Employment Agreement (Limited Brands Inc)
Settlement of Claims. The Company’s 's obligation to make the payments provided for in this Agreement and to otherwise to perform its obligations hereunder shall not be affected by any circumstances, including, without limitation, any set-off, counterclaim, recoupment, defense or other right which the Company may have against the Executive or others.. The Company may, however, withhold from any benefits payable under this Agreement all federal, state, city or other taxes as shall be required pursuant to any law or governmental regulation or ruling,
Appears in 6 contracts
Samples: Employment Agreement (Vesta Insurance Group Inc), Employment Agreement (Banc Corp), Employment Agreement (Banc Corp)
Settlement of Claims. The Company’s 's obligation to make the payments provided for in this Agreement and otherwise to perform its obligations hereunder shall will not be affected by any circumstances, including, without limitation, any set-off, counterclaim, recoupment, defense or other right which the Company may have against the Executive or others.
Appears in 6 contracts
Samples: Executive Employment Agreement (Cobalis Corp), Executive Employment Agreement (Cobalis Corp), Executive Employment Agreement (Cobalis Corp)
Settlement of Claims. The Company’s obligation to make the payments provided for in this Agreement and otherwise to perform its obligations hereunder shall not be affected by any circumstances, including, without limitation, any set-off, counterclaim, recoupment, defense or other right which the Company may have against the Executive or others. The Company may, however, withhold from any benefits payable under this Agreement all federal, state, city, or other taxes as shall be required pursuant to any law or governmental regulation or ruling.
Appears in 5 contracts
Samples: Employment Agreement (Benefitfocus,Inc.), Employment Agreement (Benefitfocus,Inc.), Employment Agreement (Benefitfocus,Inc.)
Settlement of Claims. The Company’s obligation to make the payments provided for in this Agreement and otherwise to perform its obligations hereunder shall not be affected by any circumstances, including, without limitation, any set-off, counterclaim, defense, recoupment, defense or other right which the Company may have against the Executive or others.
Appears in 5 contracts
Samples: Severance Protection Agreement (NMS Communications Corp), Severance Protection Agreement (LiveWire Mobile, Inc.), Employment Agreement (Axsys Technologies Inc)
Settlement of Claims. The CompanyEmployer’s obligation to make the payments provided for in this Agreement and otherwise to perform its obligations hereunder shall not be affected by any circumstances, including, without limitation, any set-off, counterclaim, recoupment, defense or other right which the Company may have against the Executive or others.
Appears in 5 contracts
Samples: Change in Control Agreement (Eop Operating LTD Partnership), Change in Control Agreement (Equity Office Properties Trust), Change in Control Agreement (Equity Office Properties Trust)
Settlement of Claims. The CompanyEmployer’s obligation to make the payments provided for in this Agreement and otherwise to perform its obligations hereunder shall not be affected by any circumstances, including, without limitation, any set-off, counterclaim, recoupment, defense or other right which the Company Employer may have against the Executive or others.
Appears in 5 contracts
Samples: Employment and Severance Agreement (LG&E & KU Energy LLC), Retention and Severance Agreement (LG&E & KU Energy LLC), Retention and Severance Agreement (LG&E & KU Energy LLC)
Settlement of Claims. The Company’s obligation 's obligations to make the payments provided for in this Agreement and otherwise to perform its obligations hereunder shall not be affected by any circumstances, including, including without any limitation, any set-offoff (except against the amount actually owed by the Executive to the Company as evidenced by promissory notes, loan agreements and similar documents executed by the Executive), counterclaim, defense, recoupment, defense or other right rights which the Company may have against the Executive or others.
Appears in 4 contracts
Samples: Employment Agreement (Triumph Group Inc /), Employment Agreement (Triumph Group Inc /), Employment Agreement (Triumph Group Inc /)
Settlement of Claims. The Company’s obligation to make the payments provided for in this Agreement and otherwise to perform its obligations hereunder shall not be affected by any circumstances, including, without limitation, any set-off, counterclaim, recoupment, defense or other right which the Company may have against the an Executive or others.
Appears in 4 contracts
Samples: Severance Agreement (Terayon Communication Systems), Severance Agreement (Kyphon Inc), Severance Agreement (Kyphon Inc)
Settlement of Claims. The Company’s 's obligation to make the payments provided for in this Agreement and to otherwise to perform its obligations hereunder shall not be affected by any circumstances, including, without limitation, any set-off, counterclaim, recoupment, defense or other right which the Company may have against the Executive or others. The Company may, however, withhold from any benefits payable under this Agreement all federal, state, city or other taxes as shall be required pursuant to any law or governmental regulation or ruling.
Appears in 4 contracts
Samples: Employment Agreement (Vesta Insurance Group Inc), Employment Agreement (Banc Corp), Employment Agreement (Banc Corp)
Settlement of Claims. The Company’s 's obligation to make the payments -------------------- provided for in this Agreement and to otherwise to perform its obligations hereunder shall not be affected by any circumstances, including, without limitation, any set-off, counterclaim, recoupment, defense or other right which the Company may have against the Executive or others. The Company may, however, withhold from any benefits payable under this Agreement all federal, state, city or other taxes as shall be required pursuant to any law or governmental regulation or ruling.
Appears in 3 contracts
Samples: Employment Agreement (Vesta Insurance Group Inc), Employment Agreement (Vesta Insurance Group Inc), Employment Agreement (Vesta Insurance Group Inc)
Settlement of Claims. The Company’s 's obligation to make the payments provided for in this Agreement and otherwise to perform its obligations hereunder shall not be affected by any circumstances, including, without limitation, any set-off, counterclaim, recoupment, defense or other right which the Company may have against the Executive Employee or others. The Company may, however, withhold from any benefits payable under this Agreement all federal, state, city or other taxes as shall be required pursuant to any law or governmental regulation or ruling.
Appears in 3 contracts
Samples: Employment Agreement (Maxxis Group Inc), Employment Agreement (Maxxis Group Inc), Employment Agreement (Maxxis Group Inc)
Settlement of Claims. The Company’s obligation to make the payments provided for in this Agreement and otherwise to perform its obligations hereunder shall not be affected by any circumstances, including, without limitation, any set-off, counterclaim, defense, recoupment, defense or other right which the Company may have against the Executive or others.
Appears in 3 contracts
Samples: Executive Employment Agreement (Genesis Energy Lp), Executive Employment Agreement (Genesis Energy Lp), Executive Employment Agreement (Genesis Energy Lp)
Settlement of Claims. The Company’s 's obligation to make the payments payment provided for in this Agreement and otherwise to perform its obligations hereunder shall not be affected by any circumstances, including, without limitation, any set-off, counterclaim, recoupment, defense or other right which the Company may have against the Executive or others.
Appears in 3 contracts
Samples: Termination and Change in Control Agreement (Aml Communications Inc), Termination and Change in Control Agreement (Aml Communications Inc), Termination and Change in Control Agreement (Aml Communications Inc)
Settlement of Claims. The Company’s obligation to make the payments provided for in this Agreement and otherwise to perform its obligations hereunder shall not be affected by any circumstances, including, without limitation, any set-off, counterclaim, recoupmentdefense, defense recoupment or other right which the Company may have against the Executive or others. The Executive shall not be required to mitigate the amount of any payment provided for in this Agreement by seeking other employment or otherwise.
Appears in 2 contracts
Samples: Change in Control Agreement (Adesa Inc), Change in Control Agreement (Adesa Inc)
Settlement of Claims. The Company’s 's obligation to make the payments -------------------- provided for in this Agreement and to otherwise to perform its obligations hereunder shall not be affected by any circumstances, including, without limitation, any set-off, counterclaim, recoupment, defense or other right which the Company may have against the Executive or others.. The Company may, however, withhold from any benefits payable under this Agreement all federal, state, city or other taxes as shall be required pursuant to any law or governmental regulation or ruling,
Appears in 2 contracts
Samples: Employment Agreement (Vesta Insurance Group Inc), Employment Agreement (Vesta Insurance Group Inc)
Settlement of Claims. The Company’s 's obligation to make the payments provided for in this Agreement and otherwise to perform its obligations hereunder shall not be affected by any circumstances, including, without limitation, any set-off, counterclaim, recoupment, defense or other right which the Company or any of its affiliated companies may have against the Executive or others.
Appears in 2 contracts
Samples: Employment Agreement (First Indiana Corp), Employment Agreement (First Indiana Corp)
Settlement of Claims. The Except as expressly provided herein, the Company’s obligation to make the payments provided for in this Agreement and otherwise to perform its obligations hereunder shall not be affected by any circumstances, including, without limitation, any set-off, counterclaim, recoupment, defense or other right which the Company may have against the Executive Officer or others, provided that all amounts payable hereunder shall be subject to all applicable tax withholding.
Appears in 2 contracts
Samples: Compensation and Severance Agreement (Restoration Hardware Holdings Inc), Compensation and Severance Agreement (Restoration Hardware Inc)
Settlement of Claims. The Company’s obligation to make the payments provided for in this Agreement and otherwise to perform its obligations hereunder shall not be affected by any circumstances, including, without limitation, any set-off, counterclaim, recoupment, defense or other right which the Company may have against the Executive Employee or others.
Appears in 2 contracts
Samples: Employment Agreement (Bidz.com, Inc.), Employment Agreement (Bidz.com, Inc.)
Settlement of Claims. The Company’s 's obligation to make the payments provided for in this Agreement and otherwise to perform its obligations hereunder shall not be affected by any circumstances, including, without limitation, any set-offoff (except against amounts actually owed by the Executive to the Company as evidenced by promissory notes, loan agreements and similar documents executed by the Executive), counterclaim, defense, recoupment, defense or other right which the Company may have against the Executive or others.
Appears in 2 contracts
Samples: Employment Agreement (Pegasus Systems Inc), Employment Agreement (Dme Interactive Holdings Inc)
Settlement of Claims. The Subject to Section 3.3, the Company’s obligation to make the payments provided for in this Agreement and otherwise to perform its obligations hereunder shall not be affected by any circumstances, including, without limitation, any set-off, counterclaim, recoupment, defense or other right which the Company may have against the Executive or others.
Appears in 2 contracts
Samples: Severance Protection Agreement (Campbell Soup Co), Severance Protection Agreement (Campbell Soup Co)
Settlement of Claims. The Company’s 's obligation to make the -------------------- payments provided for in this Agreement and otherwise to perform its obligations hereunder shall not be affected by any circumstances, including, without limitation, any set-off, counterclaim, recoupment, defense or other right which the Company may have against the Executive or others. The Company may, however, withhold from any benefits payable under this Agreement all federal, state, city, or other taxes as shall be required pursuant to any law or governmental regulation or ruling.
Appears in 2 contracts
Samples: Employment Agreement (Intercept Group Inc), Employment Agreement (Intercept Group Inc)
Settlement of Claims. The Company’s obligation to make the payments provided for in under this Agreement and otherwise to perform its obligations hereunder shall not be affected by any circumstances, including, without limitation, any set-off, counterclaim, recoupment, defense or other right which the Company may have against the Executive or others.
Appears in 2 contracts
Samples: Termination Protection Agreement, Termination Protection Agreement (Union Drilling Inc)
Settlement of Claims. The Company’s 's obligation to make the -------------------- payments provided for in this Agreement and otherwise to perform its obligations hereunder shall not be affected by any circumstances, including, without limitation, any set-off, counterclaim, recoupment, defense defense, or other right which the Company may have against the Executive or others.
Appears in 1 contract
Samples: Employment Agreement (Limited Inc)
Settlement of Claims. The Company’s 's obligation to make the -------------------- payments provided for in this Agreement and otherwise to perform its obligations hereunder shall not be affected by any circumstances, including, without limitation, any set-off, counterclaim, recoupment, defense or other right which the Company may have against the an Executive or others.
Appears in 1 contract
Settlement of Claims. The Following a Change in Control, the Company’s 's obligation to make the payments provided for in this Agreement and otherwise to perform its obligations hereunder shall not be affected by any circumstances, including, without limitation, any set-off, counterclaim, recoupment, recoupment or defense or other right which the Company may have against the Executive or others. The Company may, however, withhold from any benefits payable under this Agreement all federal, state, city, or other taxes as shall be required pursuant to any law or governmental regulation or ruling.
Appears in 1 contract
Samples: Employment Agreement (Phoenix International LTD Inc)
Settlement of Claims. The Company’s 's obligation to make the payments -------------------- provided for in this Agreement and otherwise to perform its obligations hereunder shall not be affected by any circumstances, including, without limitation, any set-off, counterclaim, recoupment, defense or other right which the Company may have against the Executive or others.
Appears in 1 contract
Settlement of Claims. The Company’s obligation to make the payments provided for in this Agreement and otherwise to perform its obligations hereunder shall Agreements will not be affected by any circumstances, including, without limitation, any set-off, counterclaim, recoupmentdefense, defense recoupment or other right which the Company may have against the Executive or others.
Appears in 1 contract
Samples: Change in Control Severance Protection Agreement (Cabot Microelectronics Corp)
Settlement of Claims. The Company’s 's obligation to make the payments -------------------- provided for in this Agreement and otherwise to perform its obligations hereunder shall not be affected by any circumstances, including, without limitation, any set-off, counterclaim, recoupment, defense or other right which the Company may have against the Executive or others. The Company may, however, withhold from any benefits payable under this Agreement all federal, state, city, or other taxes as shall be required pursuant to any law or governmental regulation or ruling.
Appears in 1 contract
Settlement of Claims. The Company’s 's obligation to make the payments provided for in this Agreement and otherwise to perform its obligations hereunder shall not be affected by any circumstances, including, without limitation, any set-offset‐off, counterclaim, recoupment, defense or other right which the Company may have against the Executive or others.
Appears in 1 contract
Settlement of Claims. The Company’s 's obligation to make the payments -------------------- provided for in this Agreement and otherwise to perform its obligations hereunder shall not be affected by any circumstances, including, without limitation, any set-off, counterclaim, recoupment, defense or other right which the Company may have against the an Executive or others.
Appears in 1 contract
Samples: Severance Agreement (Vidamed Inc)
Settlement of Claims. The Except as otherwise expressly provided in this Agreement, the Company’s obligation to make the payments provided for in this Agreement and to otherwise to perform its obligations hereunder shall not be affected by any circumstances, including, without limitation, any set-off, counterclaim, recoupment, defense or other right which the Company may have against the Executive or others. The Company may, however, withhold from any benefits payable under this Agreement all federal, state, city or other taxes as shall be required pursuant to any law or governmental regulation or ruling.
Appears in 1 contract
Settlement of Claims. The Company’s 's obligation to make the payments provided for in this Agreement and otherwise to perform its obligations hereunder shall not be affected by any circumstances, including, without limitation, any set-off, counterclaim, recoupment, defense defense, or other right which that the Company may have against the Executive or others.
Appears in 1 contract
Settlement of Claims. The Company’s obligation obligations to make the payments provided for in this Agreement and otherwise to perform its obligations hereunder shall not be affected by any circumstances, including, including without any limitation, any set-offoff (except against the amount actually owed by the Executive to the Company as evidenced by promissory notes, loan agreements and similar documents executed by the Executive), counterclaim, defense, recoupment, defense or other right rights which the Company may have against the Executive or others.
Appears in 1 contract
Settlement of Claims. The Company’s 's obligation to make the payments -------------------- provided for in this Agreement and otherwise to perform its obligations hereunder shall not be affected by any circumstances, including, without limitation, any set-off, counterclaim, recoupment, defense or other right which the Company may have against the Executive Protected Officer or others.
Appears in 1 contract
Settlement of Claims. The Company’s obligation to make the payments provided for in this Agreement and otherwise to perform its obligations hereunder shall not be affected by any circumstances, including, including without limitation, limitation any set-off, counterclaim, recoupment, defense or other right which the Company may have against the Executive or others.
Appears in 1 contract
Settlement of Claims. The Company’s 's obligation to make the ------------------- payments provided for in this Agreement and otherwise to perform its obligations hereunder shall not be affected by any circumstances, including, without limitation, any set-off, counterclaim, defense, recoupment, defense or other right which the Company may have against the Executive or others.
Appears in 1 contract
Samples: Severance Protection Agreement (Pennsylvania Electric Co)
Settlement of Claims. The Company’s obligation to make the payments provided for in this Agreement and to otherwise to perform its obligations hereunder shall not be affected by any circumstances, including, without limitation, any set-off, counterclaim, recoupment, defense or other right which the Company may have against the Executive Employee or others. The Company may, however, withhold from any benefits payable under this Agreement all federal, state, city or other taxes as shall be required pursuant to any law or governmental regulation or ruling.
Appears in 1 contract
Settlement of Claims. The Company’s 's obligation to make the payments provided for in this m fills Agreement and otherwise to perform its obligations hereunder shall not be affected by any circumstances, including, without limitation, any set-off, counterclaim, defense, recoupment, defense or other right which the Company may have against the Executive or others.
Appears in 1 contract
Settlement of Claims. The Company’s Companies’ obligation to make the payments provided for in this Agreement and otherwise to perform its their obligations hereunder shall not be affected by any circumstances, including, without limitation, any set-off, counterclaim, recoupment, defense or other right which the Company Companies may have against the Executive or others.
Appears in 1 contract
Samples: Employment Agreement (Carnival PLC)
Settlement of Claims. The Except as expressly provided herein, the Company’s 's obligation to make the payments provided for in this Agreement and otherwise to perform its obligations hereunder shall not be affected by any circumstances, including, without limitation, any set-off, counterclaim, recoupment, defense or other right which the Company may have against the Executive or others.Officer
Appears in 1 contract
Samples: Compensation and Severance Agreement (Restoration Hardware Inc)
Settlement of Claims. The Company’s 's obligation to make the payments provided for in this Agreement and arid otherwise to perform its obligations hereunder shall not be affected by any circumstances, including, without limitation, any set-off, counterclaim, recoupment, defense or other right which the Company may have against the Executive or others. The Company may, however, withhold from any benefits payable under this Agreement all federal, state, city, or other taxes as shall be required pursuant to any law or governmental regulation or ruling.
Appears in 1 contract
Settlement of Claims. The Company’s 's obligation to make the payments -------------------- provided for in this Agreement and otherwise to perform its obligations hereunder shall not be affected by any circumstances, including, without limitation, any set-off, counterclaim, recoupment, defense or other right which the Company may have against the Executive Employee or others. The Company may, however, withhold from any benefits payable under this Agreement all federal, state, city, or other taxes as shall be required pursuant to any law or governmental regulation or ruling.
Appears in 1 contract
Settlement of Claims. The Company’s 's obligation to make the payments provided for in this Agreement and otherwise to perform its obligations hereunder shall not be affected by any circumstances, including, without limitation, any set-off, counterclaim, recoupment, defense or other right which the Company may have against the Executive or others.,
Appears in 1 contract
Settlement of Claims. The Company’s 's obligation to make the -------------------- payments provided for in this Amended and Restated Agreement and otherwise to perform its obligations hereunder shall not be affected by any circumstances, including, without limitation, any set-off, counterclaim, recoupment, defense or other right which the Company may have against the Executive or others.
Appears in 1 contract
Settlement of Claims. The Company’s 's obligation to make the payments payment -------------------- provided for in this Agreement and otherwise to perform its obligations hereunder shall not be affected by any circumstances, including, without limitation, any set-off, counterclaim, recoupment, defense or other right which the Company may have against the Executive or others.
Appears in 1 contract
Samples: Change in Control Agreement (Aml Communications Inc)
Settlement of Claims. The Company’s 's obligation to make the payments provided for in this Agreement and otherwise to perform its obligations hereunder shall not be affected by any circumstances, including, without limitation, any set-off, counterclaim, recoupment, defense recoupment or other right which the Company may have against the Executive or others.
Appears in 1 contract
Samples: Termination Protection Agreement (Osullivan Industries Holdings Inc)
Settlement of Claims. The Company’s 's obligation to make the payments provided for in this Agreement and otherwise to perform its obligations hereunder shall not be affected by any circumstances, including, without limitation, any set-off, counterclaim, recoupment, defense or 16 (10k page 132) other right which the Company or any of its affiliated companies may have against the Executive or others.
Appears in 1 contract
Settlement of Claims. The CompanyCorporation’s obligation to make the payments provided for in this Agreement and otherwise to perform its obligations hereunder shall not be affected by any circumstances, including, without limitation, any set-off, counterclaim, recoupment, defense or other right which the Company Corporation may have against the Executive Employee or others.
Appears in 1 contract
Settlement of Claims. The CompanyCorporation’s obligation to make the payments payment provided for in this Agreement and otherwise to perform its obligations hereunder shall not be affected by any circumstances, including, without limitation, any set-off, counterclaim, recoupmentdefense, defense recoupment or other right which the Company Corporation may have against the Executive or others.Executive.
Appears in 1 contract
Samples: Change in Control Agreement (Saga Communications Inc)
Settlement of Claims. The Company’s 's obligation to make the payments provided for in this Agreement and otherwise to perform its obligations hereunder shall not be affected by any circumstances, including, without limitation, any set-off, counterclaim, defense, recoupment, defense or other right which the Company may have against the Executive or others; provided, however, that, with the exception of Section 2(a), none of the obligations of the Company under this agreement shall be binding on the Company until such time as the Company receives a written waiver of all claims in a form reasonably satisfactory to the Company and executed by the Executive.
Appears in 1 contract
Samples: Severance Protection Agreement (United Meridian Corp)
Settlement of Claims. The Company’s 's obligation to make the payments provided for in this Agreement and otherwise to perform its obligations hereunder shall not be affected by any circumstances, including, without limitation, any set-off, counterclaim, recoupment, defense or other right which the Company may have against the an Executive or others.
Appears in 1 contract
Settlement of Claims. The Company’s obligation 's and the Bank's obligations to make the payments provided for in this Agreement and otherwise to perform its obligations hereunder shall not be affected by any circumstances, including, without limitation, any set-off, counterclaim, recoupment, defense or other right which the Company or the Bank may have against the Executive or others. The Company or the Bank may, however, withhold from any benefits payable under this Agreement all federal, state, city, or other taxes as shall be required pursuant to any law or governmental regulation or ruling.
Appears in 1 contract
Settlement of Claims. The Company’s obligation to make the payments provided for in this Agreement and otherwise to perform its obligations hereunder shall not be affected by any circumstances, including, without limitation, any set-off, counterclaim, defense, recoupment, defense or other right which the Company may have against the Executive you or others.
Appears in 1 contract
Settlement of Claims. The Except as set forth in Section 8(e) above, the Company’s 's obligation to make the payments provided for in this Agreement and otherwise to perform its obligations hereunder shall not be affected by any circumstances, including, without limitation, any set-off, counterclaim, recoupment, defense or other right which the Company may have against the Executive or others.
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Settlement of Claims. The Company’s company's obligation to make the payments provided for in this Agreement and otherwise to perform its obligations hereunder shall not be affected by any circumstances, including, without limitation, any set-off, counterclaim, recoupment, defense or other right which the Company may have against the Executive or others.
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Settlement of Claims. The Company’s 's obligation to make the payments provided for in this Agreement and otherwise to perform its obligations hereunder shall not be affected by any circumstances, including, without limitation, any set-off, counterclaim, recoupment, defense or other right which the Company may have against the Executive Consultant or others. The Company may, however, withhold from any benefits payable under this Agreement all federal, state, city or other taxes as shall be required pursuant to any law or governmental regulation or ruling.
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