Common use of Mitigation and Set-Off Clause in Contracts

Mitigation and Set-Off. Executive shall not be required to mitigate Executive’s damages by seeking other employment or otherwise. The Company’s obligations under this Agreement shall not be reduced in any way by reason of any compensation or benefits received (or foregone) by Executive from sources other than the Company after Executive’s Employment Termination, or any amounts that might have been received by Executive in other employment had Executive sought such other employment. Executive’s entitlement to benefits and coverage under this Agreement shall continue after, and shall not be affected by, Executive’s obtaining other employment after his Employment Termination, provided that any such benefit or coverage shall not be furnished if Executive expressly waives the specific benefit or coverage by giving written notice of waiver to the Company.

Appears in 7 contracts

Samples: Employment Security Agreement (Northern Trust Corp), Employment Security Agreement (Northern Trust Corp), Employment Security Agreement (Northern Trust Corp)

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Mitigation and Set-Off. Executive shall not be required to mitigate Executive’s 's damages by seeking other employment or otherwise. The Company’s 's obligations under this Agreement letter agreement shall not be reduced in any way by reason of any compensation or benefits received (or foregone) by Executive from sources other than the Company after Executive’s the termination of the Employment Termination, Period or any amounts that might have been received by Executive in other employment had Executive sought such other employment. Executive’s 's entitlement to benefits and coverage under this Agreement letter agreement shall continue after, and shall not be affected by, Executive’s 's obtaining other employment after his the termination of the Employment TerminationPeriod, provided that any such benefit or coverage shall not be furnished if Executive expressly waives the specific benefit or coverage by giving written notice of waiver to the Company.

Appears in 6 contracts

Samples: McMS Inc, McMS Inc, McMS Inc

Mitigation and Set-Off. Executive shall not be required to mitigate Executive’s damages by seeking other employment or otherwise. The , and except as expressly provided in Section 2 of this Agreement, the Company’s obligations under this Agreement shall not be reduced in any way by reason of any compensation or benefits received (or foregone) by Executive from sources other than the Company after Executive’s Employment Terminationemployment termination, or any amounts that might have been received by Executive in other employment had Executive sought such other employment. Executive’s entitlement to benefits and coverage under this Agreement shall continue after, and shall not be affected by, Executive’s obtaining other employment after his Employment Termination, provided that any such benefit or coverage shall not be furnished if Executive expressly waives the specific benefit or coverage by giving written notice of waiver to the Company.

Appears in 5 contracts

Samples: Form of Retention Agreement (Marchex Inc), Form of Retention Agreement (Marchex Inc), Form of Retention Agreement (Marchex Inc)

Mitigation and Set-Off. Executive shall not be required to mitigate Executive’s damages by seeking other employment or otherwise. The Company’s obligations under this Agreement shall not be reduced in any way by reason of any compensation or benefits received (or foregone) by Executive from sources other than the Company after Executive’s Employment Termination, or any amounts that might have been received by Executive in other employment had Executive sought such other employment. Executive’s entitlement to benefits and coverage under this Agreement shall continue after, and shall not be affected by, Executive’s obtaining other employment after his Employment the Executive’s Date of Termination, provided that any such benefit or coverage shall not be furnished if Executive expressly waives the specific benefit or coverage by giving written notice of waiver to the Company.

Appears in 3 contracts

Samples: Employment Security Agreement (Smurfit Stone Container Corp), Employment Security Agreement (Smurfit Stone Container Corp), Employment Security Agreement (Smurfit Stone Container Corp)

Mitigation and Set-Off. Executive shall not be required to mitigate Executive’s 's damages by seeking other employment or otherwise. The Company’s 's obligations under this Agreement shall not be reduced in any way by reason of any compensation or benefits received (or foregone) by Executive from sources other than the Company after Executive’s 's Employment Termination, or any amounts that might have been received by Executive in other employment had Executive sought such other employment. Executive’s 's entitlement to benefits and coverage under this Agreement shall continue after, and shall not be affected by, Executive’s 's obtaining other employment after his Employment the Executive's Date of Termination, provided that any such benefit or coverage shall not be furnished if Executive expressly waives the specific benefit or coverage by giving written notice of waiver to the Company.

Appears in 1 contract

Samples: Employment Security Agreement (Jefferson Smurfit Corp /De/)

Mitigation and Set-Off. Executive shall not be required to mitigate Executive’s 's damages by seeking other employment or otherwise. The Company’s 's obligations under this Agreement shall not be reduced in any way by reason of any compensation or benefits received (or foregone) by Executive from sources other than the Company after Executive’s 's Employment -6- Termination, or any amounts that might have been received by Executive in other employment had Executive sought such other employment. Executive’s 's entitlement to benefits and coverage under this Agreement shall continue after, and shall not be affected by, Executive’s 's obtaining other employment after his Employment Termination, provided that any such benefit or coverage shall not be furnished if Executive expressly waives the specific benefit or coverage by giving written notice of waiver to the Company.

Appears in 1 contract

Samples: Employment Security Agreement (Northern Trust Corp)

Mitigation and Set-Off. Executive shall not be required to mitigate Executive’s 's damages by seeking other employment or otherwise. The Company’s 's obligations under this Agreement shall not be reduced in any way by reason of any compensation or benefits received (or foregone) by Executive from sources sources, other than the Company after Executive’s 's Employment Termination, or any amounts that might have been received by Executive in other employment had Executive sought such other employment. Executive’s 's entitlement to benefits and coverage under this Agreement shall continue after, and shall not be affected by, Executive’s 's obtaining other employment after his Employment the Executive's Date of Termination, provided that any such benefit or coverage shall not be furnished if Executive expressly waives the specific benefit or coverage by giving written notice of waiver to the Company.

Appears in 1 contract

Samples: Employment Security Agreement (Jefferson Smurfit Corp /De/)

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Mitigation and Set-Off. Executive shall not be required to mitigate Executive’s 's damages by seeking other employment or otherwise. The Company’s 's obligations under this Agreement shall not be reduced in any way by reason of any compensation or benefits received (or foregone) by Executive from sources other than the Company after Executive’s 's Employment Termination, or any amounts that might have been received by Executive in other employment had Executive sought such other employment. Executive’s entitlement to benefits and coverage under this Agreement shall continue after, and shall not be affected by, Executive’s obtaining other employment after his Employment Termination, provided that any such benefit or coverage shall not be furnished if Executive expressly waives the specific benefit or coverage by giving written notice of waiver to the Company.

Appears in 1 contract

Samples: Employment Security Agreement (Illinois Central Corp)

Mitigation and Set-Off. Executive shall not be required to mitigate Executive’s 's damages by seeking other employment or otherwise. The Company’s 's obligations under this Agreement shall not be reduced in any way by reason of any compensation or benefits received (or foregone) by Executive from sources other than the Company after Executive’s 's Employment Termination, or any amounts that might have been received by Executive in other employment had Executive sought such other employment. Executive’s 's entitlement to benefits and coverage under this Agreement shall continue after, and shall not be affected by, Executive’s 's obtaining other employment after his Employment Termination, provided that any such benefit or coverage shall not be furnished if Executive expressly waives the specific benefit or coverage by giving written notice of waiver to the Company.

Appears in 1 contract

Samples: Employment Security Agreement (Plato Learning Inc)

Mitigation and Set-Off. Executive shall not be required to mitigate Executive’s 's damages by seeking other employment or otherwise. The Company’s 's obligations under this Agreement letter agreement shall not be reduced in any way by reason of any compensation or benefits received (or foregone) by Executive from sources other than the Company after Executive’s the termination of the Employment Termination, Period or any amounts that might have been received by Executive in other employment had Executive sought such other employment. Executive’s 's entitlement to benefits and coverage under this Agreement letter agreement shall continue after, and shall not be affected by, Executive’s 's obtaining other employment after his the termination of the Employment TerminationPeriod, provided that any such benefit or coverage shall not be furnished if Executive expressly waives the specific benefit or coverage by giving written notice of waiver to the Company. 11.

Appears in 1 contract

Samples: Employment Agreement (McMS Inc)

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