Common use of Conditions Affecting Payments Clause in Contracts

Conditions Affecting Payments. [1] Except as expressly provided in this Agreement, the Employee's right to receive the payments described in this Agreement will not decrease the amount of, or otherwise adversely affect, any other benefits payable to the Employee under any other plan, agreement or arrangement between the Employee and any Group Member. [2] The Employee is not required to mitigate the amount of any payment described in this Agreement by seeking other employment or otherwise, nor, except as provided in Section 5.01[2], will the amount of any payment or benefit provided for in this Agreement be reduced by any compensation or benefits the Employee earns, or is entitled to receive, in any capacity after Termination or by reason of the Employee's receipt of or right to receive any retirement or other benefits attributable to employment with the Group on or after Termination. [3] However, the amount of any payment made under this Agreement will be reduced by amounts the Employer is required to withhold in payment (or in anticipation of payment) of any income, wage or employment taxes imposed on the payment.

Appears in 3 contracts

Samples: Ohio Casualty (Ohio Casualty Corp), Ohio Casualty (Ohio Casualty Corp), Change in Control Agreement (Ohio Casualty Corp)

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Conditions Affecting Payments. [1] Except as expressly provided in this Agreement, the Employee's ’s right to receive the payments described in this Agreement will not decrease the amount of, or otherwise adversely affect, any other benefits payable to the Employee under any other plan, agreement or arrangement between the Employee and any Group Memberthe Company. [2] The Employee is not required to mitigate the amount of any payment described in this Agreement by seeking other employment or otherwise, nor, except as provided in Section 5.01[22.02[2], will the amount of any payment or benefit provided for in this Agreement be reduced by any compensation or benefits the Employee earns, or is entitled to receive, in any capacity after Termination or by reason of the Employee's ’s receipt of or right to receive any retirement or other benefits attributable to employment with the Group Company on or after Termination. [3] However, the amount of any payment made under this Agreement will be reduced by amounts the Employer Company is required to withhold in payment (or in anticipation of payment) of any income, wage or employment taxes imposed on the payment.

Appears in 1 contract

Samples: Change in Control Agreement (M I Homes Inc)

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