Common use of Full Settlement; Mitigation Clause in Contracts

Full Settlement; Mitigation. 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 set-off, counterclaim, recoupment, defense or other claim, right or action which the Company may have against the Executive or others, provided that nothing herein shall preclude the Company from separately pursuing recovery from the Executive based on any such claim. In no event shall the Executive be obligated to seek other employment or take any other action by way of mitigation of the amounts (including amounts for damages for breach) payable to the Executive under any of the provisions of this Agreement, and such amounts shall not be reduced whether or not the Executive obtains other employment.

Appears in 50 contracts

Samples: Separation Agreement and General Release (Southern California Gas Co), Separation Agreement and General Release (Southern California Gas Co), Sempra Energy Severance Pay Agreement (San Diego Gas & Electric Co)

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Full Settlement; Mitigation. 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 set-offset‑off, counterclaim, recoupment, defense or other claim, right or action which the Company may have against the Executive or others, provided that nothing herein shall preclude the Company from separately pursuing recovery from the Executive based on any such claim. In no event shall the Executive be obligated to seek other employment or take any other action by way of mitigation of the amounts (including amounts for damages for breach) payable to the Executive under any of the provisions of this Agreement, and such amounts shall not be reduced whether or not the Executive obtains other employment.

Appears in 38 contracts

Samples: Sempra Energy Severance Pay Agreement (San Diego Gas & Electric Co), Sempra Energy Severance Pay Agreement (San Diego Gas & Electric Co), Sempra Energy Severance Pay Agreement (San Diego Gas & Electric Co)

Full Settlement; Mitigation. 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 set-off, counterclaim, recoupment, defense or other claim, right or action which the Company may have against the Executive or others, provided that nothing herein shall preclude the Company from separately pursuing recovery from the Executive based on any such claim. In no event shall the Executive be obligated to seek other employment or take any other action by way of mitigation of the amounts (including amounts for damages for breach) payable to the Executive under any of the provisions of this Agreement, Agreement and such amounts shall not be reduced whether or not the Executive obtains other employment.

Appears in 9 contracts

Samples: Employment Agreement (Sempra Energy), Employment Agreement (Sempra Energy), Employment Agreement (San Diego Gas & Electric Co)

Full Settlement; Mitigation. The Company’s obligation to make the payments provided for in this Agreement in, and otherwise to perform its obligations hereunder under, this Agreement shall not be affected by any set-off, counterclaimcounter-claim, recoupment, defense or other claim, right or action which that the Company may have against the Executive or othersothers other than a claim, provided that nothing herein shall preclude right or action for fraud after the Company from separately pursuing recovery from the Executive based on any individual is judicially determined to have committed such claimaction. In no event shall the Executive be obligated to seek other employment or take any other action by way of mitigation of the amounts (including amounts for damages for breach) payable to the Executive under any of the provisions of this Agreement, Agreement and such amounts shall not be reduced reduced, regardless of whether or not the Executive obtains other employment.

Appears in 8 contracts

Samples: Separation Agreement (St Joe Co), Separation Agreement (St Joe Co), Separation Agreement (St Joe Co)

Full Settlement; Mitigation. The Company’s obligation to make the payments provided for in this Agreement and otherwise to perform its the obligations hereunder shall not be affected by any set-off, counterclaim, recoupment, defense or other claim, right or action which the Company may have against the Executive or others, provided that nothing herein shall preclude the Company from separately pursuing recovery from the Executive based on any such claim. In no event shall the Executive be obligated to seek other employment or take any other action by way of mitigation of the amounts (including amounts for damages for breach) payable to the Executive under any of the provisions of this Agreement, and such amounts shall not be reduced whether or not the Executive obtains other employment.

Appears in 8 contracts

Samples: Separation Pay Agreement (Wright Medical Group Inc), Separation Pay Agreement (Wright Medical Group Inc), Employment Agreement (Wright Medical Group Inc)

Full Settlement; Mitigation. The Company’s obligation to make the payments provided for in this Agreement in, and otherwise to perform its obligations hereunder under, this Agreement shall not be affected by any set-off, counterclaim, recoupment, defense or other claim, right or action which that the Company may have against the Executive or othersothers other than a claim, provided that nothing herein shall preclude right or action for fraud after the Company from separately pursuing recovery from the Executive based on any individual is judicially determined to have committed such claimaction. In no event shall the Executive be obligated to seek other employment or take any other action by way of mitigation of the amounts (including amounts for damages for breach) payable to the Executive under any of the provisions of this Agreement, Agreement and such amounts shall not be reduced reduced, regardless of whether or not the Executive obtains other employment.

Appears in 7 contracts

Samples: Employment Agreement (St Joe Co), Employment Agreement (St Joe Co), Form of Employment Agreement (St Joe Co)

Full Settlement; Mitigation. The Company’s 's obligation to make the payments provided for in this Agreement in, and otherwise to perform its obligations hereunder under, this Agreement shall not be affected by any set-off, counterclaim, recoupment, defense or other claim, right or action which that the Company may have against the Executive or othersothers other than a claim, provided that nothing herein shall preclude right or action for fraud after the Company from separately pursuing recovery from the Executive based on any individual is judicially determined to have committed such claimaction. In no event shall the Executive be obligated to seek other employment or take any other action by way of mitigation of the amounts (including amounts for damages for breach) payable to the Executive under any of the provisions of this Agreement, Agreement and such amounts shall not be reduced reduced, regardless of whether or not the Executive obtains other employment.

Appears in 6 contracts

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

Full Settlement; Mitigation. 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 set-off, counterclaim, recoupment, defense or other claim, right or action which the Company may have against the Executive or others, provided that nothing herein shall preclude the Company from separately pursuing recovery from the Executive based on any such claim. In no event shall the Executive executive be obligated to seek other employment or take any other action by way of mitigation of the amounts (including amounts for damages for breach) payable to the Executive under any of the provisions of this Agreement, Agreement and such amounts shall not be reduced whether or not the Executive obtains other employment.

Appears in 5 contracts

Samples: Employment Agreement (Knobias, Inc.), Employment Agreement (Friede Goldman Halter Inc), Employment Agreement (Friede Goldman Halter Inc)

Full Settlement; Mitigation. 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 set-off, counterclaim, recoupment, defense or other claim, right or action which the Company may have against the Executive or others, provided that nothing herein shall preclude the Company from separately pursuing recovery from the Executive based on any such claim. In no event shall the Executive executive be obligated to seek other employment or take any other action by way of mitigation of the amounts (including amounts for damages for breach) payable to the Executive under any of the provisions of this Agreement, Agreement and such amounts shall not be reduced whether or not the Executive obtains other employment.

Appears in 2 contracts

Samples: Employment Agreement (Knobias, Inc.), Employment Agreement (Knobias, Inc.)

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Full Settlement; Mitigation. The Company’s 's obligation to make the payments provided for in this Agreement and otherwise to perform its their obligations hereunder shall not be affected by subject to any set-off, counterclaim, recoupment, defense or other claim, right or action which the Company may have against the Executive or others, provided that nothing herein shall preclude the Company from separately pursuing recovery from the Executive based on any such claim. In no event shall the Executive be obligated to seek other employment or take any other action by way of mitigation of the amounts (including amounts for damages for breach) payable to the Executive under any of the provisions of this Agreement, Agreement and such amounts shall not be reduced whether or not the Executive obtains other employment.

Appears in 1 contract

Samples: Employment Agreement (CTS Corp)

Full Settlement; Mitigation. 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 set-off, counterclaim, recoupment, defense or other claim, right or action which that the Company may have against the Executive or others, provided that nothing herein shall preclude the Company from separately pursuing recovery from the Executive based on any such claim. In no event shall the Executive be obligated to seek other employment or take any other action by way of mitigation of the amounts (including amounts for damages for breach) payable to the Executive under any of the provisions of this AgreementAgreement and, and except as provided in Section 3(a)(iii), such amounts shall not be reduced whether or not the Executive obtains other employment.

Appears in 1 contract

Samples: Form of Change in Control Agreement (Valassis Communications Inc)

Full Settlement; Mitigation. 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 set-off, counterclaim, recoupment, defense or other claim, right or action which the Company may have against the Executive or others, provided that nothing herein shall preclude the Company from separately pursuing recovery from the Executive based on any such claim. In no event shall the Executive be obligated to seek other employment or take any other action by way of mitigation of the amounts (including amounts for damages for breach) payable to the Executive under any of the provisions of this Agreement, and such amounts shall not be reduced whether or not the Executive obtains other employment.

Appears in 1 contract

Samples: Sempra Energy Severance Pay Agreement (Sempra Energy)

Full Settlement; Mitigation. The CompanyEmployer’s obligation to make the payments provided for in this Agreement in, and otherwise to perform its obligations hereunder under, this Agreement shall not be affected by any set-off, counterclaimcounter-claim, recoupment, defense or other claim, right or action which that the Company Employer may have against the Executive or othersothers other than a claim, provided that nothing herein shall preclude right or action for fraud after the Company from separately pursuing recovery from the Executive based on any individual is judicially determined to have committed such claimaction. In no event shall the Executive be obligated to seek other employment or take any other action by way of mitigation of the amounts (including amounts for damages for breach) payable to the Executive under any of the provisions of this Agreement, Agreement and such amounts shall not be reduced reduced, regardless of whether or not the Executive obtains other employment.

Appears in 1 contract

Samples: Separation Agreement (PetroAlgae Inc.)

Full Settlement; Mitigation. 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 set-off, counterclaim, recoupment, defense or other claim, right or action which the Company may have against the Executive or others, provided that nothing herein shall preclude the Company from separately pursuing recovery from the Executive based on any such claim. In no event shall the Executive be obligated to seek other employment or take any other action by way of mitigation of the amounts (including amounts for damages for breach) payable to the Executive under any of the provisions of this Agreement, Agreement and such amounts shall not be reduced whether or not the Executive Execu- tive obtains other employment.

Appears in 1 contract

Samples: Employment Agreement (Enova Corp)

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