Common use of Full Settlement; Mitigation Clause in Contracts

Full Settlement; Mitigation. In no event shall 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 and such amounts shall not be reduced whether or not the Executive obtains other employment. Neither the Executive nor the Company shall be liable to the other party for any damages in addition to the amounts payable under Section 4 arising out of the termination of the Executive's employment prior to the end of the Employment Period; provided, however, that the Company shall be entitled to seek damages for any breach of Sections 6, 7 or 9 or criminal misconduct.

Appears in 10 contracts

Samples: Employment Agreement (Capstar Broadcasting Partners Inc), Executive Employment Agreement (Capstar Broadcasting Partners Inc), Executive Employment Agreement (S&c Resale Co)

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Full Settlement; Mitigation. In no event shall 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 and such amounts shall not be reduced whether or not the Executive obtains other employment. Neither the Executive nor the Company shall be liable to the other party for any damages in addition to the amounts payable under Section 4 arising out of the termination of the Executive's employment prior to the end of the Employment Period; provided, however, that the Company shall be entitled to seek damages for any breach of Sections 6, 6 or 7 or 9 for any fraud or criminal misconduct.

Appears in 5 contracts

Samples: Retention Agreement (Platte Chemical Co), Retention Agreement (Platte Chemical Co), Retention Agreement (Platte Chemical Co)

Full Settlement; Mitigation. In no event shall 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 and such amounts shall not be reduced whether or not the Executive obtains other employment. Neither the Executive nor the Company shall be liable to the other party for any damages in addition to the amounts payable under Section 4 arising out of the termination of the Executive's employment prior to the end of the Employment Period; provided, however, that the Company shall be entitled to seek damages from the Executive for any breach of Sections 67, 7 8, 9, 10, or 9 or 11 by the Executive and either party shall be entitled to seek damages for criminal misconduct.

Appears in 4 contracts

Samples: Employment Agreement (Atrium Companies Inc), Employment Agreement (Atrium Companies Inc), Employment Agreement (Atrium Companies Inc)

Full Settlement; Mitigation. In no event shall 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 and such amounts shall not be reduced whether or not the Executive obtains other employment. Neither the Executive nor the Company shall be liable to the other party for any damages in addition to the amounts payable under Section 4 arising out of the termination of the Executive's ’s employment prior to the end of the Employment Period; provided, however, that the Company shall be entitled to seek damages for any breach of Sections 6, 7 or 9 7, 8, 10 or criminal misconduct.

Appears in 4 contracts

Samples: Executive Employment Agreement (Aeroflex Holding Corp.), Executive Employment Agreement (Aeroflex Inc), Executive Employment Agreement (Aeroflex Holding Corp.)

Full Settlement; Mitigation. In no event shall 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 and such amounts shall not be reduced whether or not the Executive obtains other employment. Neither the Executive nor the Company shall be liable to the other party for any damages in addition to the amounts payable under Section 4 arising out of the termination of the Executive's ’s employment prior to the end of the Employment Period; provided, however, that the Company shall be entitled to seek damages for any breach of Sections 6, 7 or 9 or criminal misconduct.

Appears in 3 contracts

Samples: Executive Employment Agreement (S&c Holdco 3 Inc), Executive Employment Agreement (S&c Holdco 3 Inc), Executive Employment Agreement (S&c Holdco 3 Inc)

Full Settlement; Mitigation. In no event shall 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 Agreement, and such amounts shall not be reduced whether or not the Executive obtains other employment. Neither the Executive nor the The Company shall not be liable to the other party Executive for any damages in addition to the amounts payable under Section 4 arising out of the termination of the Executive's employment ’s employment, for any reason, prior to the end of the Employment Period; provided, however, that the Company shall be entitled to seek damages from the Executive for any breach of Sections 6, 7 7, or 9 hereof or criminal misconduct.

Appears in 3 contracts

Samples: Employment and Non Competition Agreement (Home Interiors & Gifts Inc), Employment and Non Competition Agreement (Home Interiors & Gifts Inc), Employment and Non Competition Agreement (Home Interiors & Gifts Inc)

Full Settlement; Mitigation. In no event shall 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 and such amounts shall not be reduced whether or not the Executive obtains other employment. Neither the Executive nor the Company shall be liable to the other party for any damages in addition to the amounts payable under Section 4 hereof arising out of the termination of the Executive's employment prior to the end of the Employment Period; provided, however, that the Company shall be entitled to seek damages for any breach of Sections 6, 7 7, or 9 hereof or criminal misconductmisconduct and further provided the Executive shall be entitled to seek damages for any violation by Company of applicable statutory employment law or for slander or libel.

Appears in 3 contracts

Samples: Employment Agreement (Home Interiors & Gifts Inc), Executive Employment Agreement (Home Interiors & Gifts Inc), Employment Agreement (Home Interiors & Gifts Inc)

Full Settlement; Mitigation. In no event shall 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 and such amounts shall not be reduced whether or not the Executive obtains other employment. Neither the Executive nor the Company shall be liable to the other party for any damages for breach of this Agreement in addition to the amounts payable under Section 4 arising out of the termination of the Executive's ’s employment prior to the end of the Employment Period; provided, however, that the Company shall be entitled to seek damages from the Executive for any breach of Sections 6, 7 or 7, 9 or 10 by the Executive or for the Executive’s criminal misconduct.

Appears in 3 contracts

Samples: Employment Agreement (Schiff Nutrition International, Inc.), Employment Agreement (Renewable Energy Group, Inc.), Form of Employment Agreement (Schiff Nutrition International, Inc.)

Full Settlement; Mitigation. In no event shall 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 Agreement, and such amounts shall not be reduced whether or not the Executive obtains other employment. Neither the Executive nor the Company Company, except pursuant to Section 4(e) hereof, shall be liable to the other party for any damages in addition to the amounts payable under Section 4 arising out of the termination of the Executive's employment prior to the end of the Employment Period; provided, however, that the Company shall be entitled to seek damages for any breach by Executive of Sections 6, 7 or 9 or his criminal misconduct.

Appears in 2 contracts

Samples: Executive Employment Agreement (Regency Energy Partners LP), Executive Employment Agreement (Regency Energy Partners LP)

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Full Settlement; Mitigation. In no event shall 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 Agreement, and such amounts shall not be reduced whether or not the Executive obtains other employment. Neither the Executive nor the Company Company, shall be liable to the other party for any damages in addition to the amounts payable under Section 4 arising out of the termination of the Executive's ’s employment prior to the end of the Employment PeriodTerm; provided, however, that the Company shall be entitled to seek damages for any breach by Executive of Sections 6, 7 or 7, 9 or 11 or his criminal misconduct.

Appears in 2 contracts

Samples: Executive Employment Agreement (Regency Energy Partners LP), Executive Employment Agreement (Regency Energy Partners LP)

Full Settlement; Mitigation. In no event shall 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 and such amounts shall not be reduced whether or not the Executive obtains other employment. Neither the Executive nor the Company shall not be liable to the other party Executive for any damages in addition to the amounts payable under Section 4 arising out of the termination of the Executive's employment employment, for any reason, prior to the end of the Employment Period; , provided, however, that the Company shall be entitled to seek damages from the Executive for any breach of Sections 6, 7 7, or 9 hereof or criminal misconduct.

Appears in 1 contract

Samples: Stock Purchase Agreement (Home Interiors & Gifts Inc)

Full Settlement; Mitigation. In no event shall 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 and such amounts shall not be reduced whether or not the Executive obtains other employment. Neither the Executive nor the Company shall be liable to the other party for any damages in addition to the amounts payable under Section 4 arising out of the termination of the Executive's employment prior to the end of the Employment Period; provided, however, that the Company shall be entitled to seek damages for any breach of Sections 6, 7 7, or 9 8, or criminal misconduct.

Appears in 1 contract

Samples: Executive Employment Agreement (Aeroflex Inc)

Full Settlement; Mitigation. In no event shall 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 and such amounts shall not be reduced whether or not the Executive obtains other employment. Neither the Executive nor the Company shall be liable to the other party for any damages in addition to the amounts payable under Section Sections 4 or 5 arising out of the termination of the Executive's ’s employment prior to the end of the Employment Period; provided, however, that the Company shall be entitled to seek damages for any breach of Sections 67, 7 8, or 9 or criminal misconduct.

Appears in 1 contract

Samples: Executive Employment Agreement (Aeroflex Holding Corp.)

Full Settlement; Mitigation. In no event shall 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 and such amounts shall not be reduced whether or not the Executive obtains other employment. Neither the Executive nor the The Company shall not be liable to the other party Executive for any damages in addition to the amounts payable under Section 4 arising out of the termination of the Executive's employment ’s employment, for any reason, prior to the end of the Employment Period; provided, however, that the Company shall be entitled to seek damages from the Executive for any breach of Sections 6, 7 7, or 9 hereof or criminal misconduct.

Appears in 1 contract

Samples: Employment and Non Competition Agreement (Home Interiors & Gifts Inc)

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