Common use of Full Settlement; Mitigation Clause in Contracts

Full Settlement; Mitigation. In no event shall the Employee be obligated to seek other employment or take any other action by way of mitigation of the amounts payable to the Employee under any of the provisions of this Agreement and such amounts shall not be reduced whether or not the Employee obtains other employment. Neither the Employee 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 Employee's employment prior to the end of the Employment Period; provided, however, that the Company shall be entitled to seek damages from the Employee for any breach of Sections 7, 8, 9, 10, or 11 by the Employee and either party shall be entitled to seek damages for criminal misconduct.

Appears in 6 contracts

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

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Full Settlement; Mitigation. In no event shall the Employee be obligated to seek other employment or take any other action by way of mitigation of the amounts payable to the Employee under any of the provisions of this Agreement and such amounts shall not be reduced whether or not the Employee obtains other employment. Neither the Employee 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 Employee's employment prior to the end of the Employment Period; provided, however, that the Company shall be entitled to seek damages from the Employee for any breach of Sections 7, 8, 9, 10, 10 or 11 by the Employee and either party shall be entitled to seek damages or for the Employee's criminal misconduct. 9 7.

Appears in 3 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 Employee be obligated to seek other employment or take any other action by way of mitigation of the amounts payable to the Employee under any of the provisions of this Agreement and such amounts shall not be reduced whether or not the Employee obtains other employment. Neither the Employee 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 Employee's employment prior to the end of the Employment Period; provided, however, that the Company shall be entitled to seek damages from the Employee for any breach of Sections 6, 7, 8, 9, 10, 9 or 11 10 by the Employee and either party shall be entitled to seek damages for or the Employee's criminal misconduct.

Appears in 2 contracts

Samples: Employment and Non Competition Agreement (Atrium Corp), Employment and Non Competition Agreement (Atrium Corp)

Full Settlement; Mitigation. In no event shall the Employee be obligated to seek other employment or take any other action by way of mitigation of the amounts payable to the Employee under any of the provisions of this Agreement and such amounts shall not be reduced whether or not the Employee obtains other employment. Neither the Employee 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 Employee's employment prior to the end of the Employment Period; provided, however, that the Company shall be entitled to seek damages from the Employee for any breach of Sections 7, 8, 9, 10, 10 or 11 by the Employee and either party shall be entitled to seek damages for criminal misconduct.

Appears in 1 contract

Samples: Employment Agreement (Atrium Companies Inc)

Full Settlement; Mitigation. In no event shall the Employee be obligated to seek other employment or take any other action by way of mitigation of the amounts payable to the Employee under any of the provisions of this Agreement and such amounts shall not be reduced whether or not the Employee obtains other employment. Neither the Employee 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 Employee's employment prior to the end of the Employment Period; provided, however, that the Company shall be entitled to seek damages from the Employee for any breach of Sections 6, 7, 8, 9, 10, 8 or 11 9 by the Employee and either party shall be entitled to seek damages or for the Employee's criminal misconduct.

Appears in 1 contract

Samples: Employment Agreement (Horizon Pharmacies Inc)

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Full Settlement; Mitigation. In no event shall the Employee be obligated to seek other employment or take any other action by way of mitigation of the amounts payable to the Employee under any of the provisions of this Agreement and such amounts shall not be reduced whether or not the Employee obtains other employment. Neither the Employee 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 Employee's ’s employment prior to the end of the Employment Period; provided, however, that the Company shall be entitled to seek damages from the Employee for any breach of Sections 6, 7, 8, 9, 10, 9 or 11 10 by the Employee and either party shall be entitled to seek damages or for the Employee’s criminal misconduct.

Appears in 1 contract

Samples: Employment Agreement (Nexeo Solutions Finance Corp)

Full Settlement; Mitigation. In no event shall the Employee be obligated to seek other employment or take any other action by way of mitigation of the amounts payable to the Employee under any of the provisions of this Agreement and such amounts shall not be reduced whether or not the Employee obtains other employment. Neither the Employee 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 Employee's employment prior to the end of the Employment Period; provided, however, that the Company shall be entitled to seek damages from the Employee for any breach of Sections 7, 8, 9, 10, or 11 by the Employee and either party shall be entitled to seek damages or for the Employee's criminal misconduct.

Appears in 1 contract

Samples: Employment Agreement (Atrium Companies Inc)

Full Settlement; Mitigation. In no event shall the Employee be obligated to seek other employment or take any other action by way of mitigation of the amounts payable to the Employee under any of the provisions of this Agreement and such amounts shall not be reduced whether or not the Employee obtains other employment. Neither the Employee 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 Employee's employment prior to the end of the Employment Period; provided, however, that the Company shall be entitled to seek damages from the Employee for any breach of Sections 7, 8, 9, 1011, or 11 12 by the Employee and either party shall be entitled to seek damages for criminal misconduct.

Appears in 1 contract

Samples: Employment Agreement (Atrium Companies Inc)

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