Common use of Mitigation; Exclusivity of Benefits Clause in Contracts

Mitigation; Exclusivity of Benefits. (a) The Executive shall not be required to mitigate the amount of any benefits hereunder by seeking other employment or otherwise, nor shall the amount of any such benefits be reduced by any compensation earned by the Executive as a result of employment by another employer after the Date of Termination or otherwise.

Appears in 164 contracts

Samples: Employment Agreement (First Defiance Financial Corp), Employment Agreement (Limestone Bancorp, Inc.), Agreement (Esb Financial Corp)

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Mitigation; Exclusivity of Benefits. (a) The Executive shall not be required to mitigate the amount of any benefits hereunder by seeking other employment or otherwise, nor shall the amount of any such benefits be reduced by any compensation earned by the Executive as a result of employment by another employer after the Date of Termination or otherwise, except as set forth in Section 5(d)(B) above.

Appears in 27 contracts

Samples: Employment Agreement (Louisiana Bancorp Inc), Employment Agreement (Louisiana Bancorp Inc), Employment Agreement (Home Federal Bancorp, Inc. Of Louisiana/La)

Mitigation; Exclusivity of Benefits. (a) The Executive shall not be required to mitigate the amount of any benefits hereunder by seeking other employment or otherwise, nor shall the amount of any such benefits be reduced by any compensation earned by the Executive as a result of employment by another employer after the Termination Date of Termination or otherwise.

Appears in 19 contracts

Samples: Employment Agreement (Anchor Bancorp Wisconsin Inc), Employment Agreement (St Francis Capital Corp), Employment Agreement (St Francis Capital Corp)

Mitigation; Exclusivity of Benefits. (a) The Executive shall not be required to mitigate the amount of any benefits hereunder by seeking other employment or otherwise, nor shall the amount of any such benefits be reduced by any compensation earned by the Executive as a result of employment by another employer after the Date of Termination or otherwise.

Appears in 16 contracts

Samples: Employment Agreement (CFS Bancorp Inc), Employment Agreement (CFS Bancorp Inc), Employment Agreement (CFS Bancorp Inc)

Mitigation; Exclusivity of Benefits. (a) The Executive shall not be required to mitigate the amount of any benefits hereunder by seeking other employment or otherwise, nor shall the amount of any such benefits be reduced by any compensation earned by the Executive as a result of employment by another employer after the Date of Termination or otherwise, except as set forth in Sections 5(d)(B) and 5(e)(B) above.

Appears in 15 contracts

Samples: Employment Agreement (Malvern Federal Bancorp Inc), Employment Agreement (Malvern Federal Bancorp Inc), Employment Agreement (Home Bancorp, Inc.)

Mitigation; Exclusivity of Benefits. (a) The Executive shall not be required to mitigate the amount of any benefits hereunder by seeking other employment or otherwise, nor shall the amount of any such benefits be reduced by any compensation earned by the Executive as a result of employment by another employer after the Date of Termination or otherwise, except as set forth in Section 2(b) above.

Appears in 14 contracts

Samples: Change in Control Agreement (Harleysville Savings Financial Corp), Change in Control Agreement (Esb Financial Corp), Change in Control Severance Agreement (Parkvale Financial Corp)

Mitigation; Exclusivity of Benefits. (a) The Executive shall not be required to mitigate the amount of any benefits hereunder by seeking other employment or otherwise, nor shall the amount of any such benefits be reduced by any compensation earned by the Executive as a result of employment by another employer after the Date of Termination or otherwise, except as set forth in Sections 5(d)(B)(ii) and 5(e)(B)(ii) hereof.

Appears in 14 contracts

Samples: Employment Agreement (Abington Bancorp, Inc./Pa), Employment Agreement (Abington Bancorp, Inc./Pa), Employment Agreement (Abington Bancorp, Inc./Pa)

Mitigation; Exclusivity of Benefits. (a) The Executive shall not be required to mitigate the amount of any benefits hereunder by seeking other employment or otherwise, nor shall the amount of any such benefits be reduced by any compensation earned by the Executive as a result of employment by another employer after the Date of Termination or otherwise, except as set forth in Section 5(d)(ii) above.

Appears in 13 contracts

Samples: Employment Agreement (State Investors Bancorp, Inc.), Employment Agreement (State Investors Bancorp, Inc.), Employment and Transition Agreement (Home Federal Bancorp, Inc. Of Louisiana)

Mitigation; Exclusivity of Benefits. (a) The Executive shall not be required to mitigate the amount of any benefits hereunder by seeking other employment or otherwise, nor shall the amount of any such benefits be reduced by any compensation earned by the Executive as a result of employment by another employer after the Date of Termination or otherwise, except as set forth in Sections 5(d)(B)(ii) and 5(e)(B)(ii) above.

Appears in 12 contracts

Samples: Employment Agreement (Prudential Bancorp, Inc.), Employment Agreement (Prudential Bancorp Inc of Pennsylvania), Employment Agreement (Prudential Bancorp, Inc.)

Mitigation; Exclusivity of Benefits. (a) The Executive shall not be required to mitigate the amount of any benefits hereunder by seeking other employment or otherwise, nor shall the amount of any such benefits be reduced by any compensation earned by the Executive as a result of employment by another employer after the Date of Termination or otherwise, except as set forth in Section 5(h)(B)(ii) hereof.

Appears in 11 contracts

Samples: Employment Agreement (Willow Grove Bancorp Inc/New), Employment Agreement (Willow Financial Bancorp, Inc.), Employment Agreement (Willow Financial Bancorp, Inc.)

Mitigation; Exclusivity of Benefits. (a) The Executive shall not be required to mitigate the amount of any benefits hereunder by seeking other employment or otherwise, nor shall the amount of any such benefits be reduced by any compensation earned by the Executive as a result of employment by another employer employers after the Date of Termination or otherwise.

Appears in 10 contracts

Samples: Agreement (First Keystone Financial Inc), Agreement (First Keystone Financial Inc), Agreement (First Keystone Financial Inc)

Mitigation; Exclusivity of Benefits. (a) The Executive shall not be required to mitigate the amount of any benefits hereunder by seeking other employment or otherwise, nor shall the . The amount of any such benefits severance to be provided pursuant to Section 3(a) hereof shall not be reduced by any compensation earned by the Executive as a result of employment by another employer after the Date of Termination or otherwise, but the amount of benefits to be provided pursuant to Section 3(b) hereof is subject to reduction as set forth therein.

Appears in 6 contracts

Samples: Year Change in Control Agreement (Tierone Corp), Two Year Change in Control Agreement (Tierone Corp), Change in Control Agreement (Tierone Corp)

Mitigation; Exclusivity of Benefits. (a) The Executive shall not be required to mitigate the amount of any benefits hereunder by seeking other employment or otherwise, nor shall the amount of any such benefits be reduced by any compensation earned by the Executive as a result of employment by another employer after the Date of Termination or otherwise, except as set forth in Section 3(a)(2)(ii) above.

Appears in 6 contracts

Samples: Severance Agreement (Southern Missouri Bancorp, Inc.), Severance Agreement (Southern Missouri Bancorp, Inc.), Severance Agreement (Southern Missouri Bancorp, Inc.)

Mitigation; Exclusivity of Benefits. (a) The Executive shall not be required to mitigate the amount of any benefits hereunder by seeking other employment or otherwise, nor shall the amount of any such benefits be reduced by any compensation earned by the Executive as a result of employment by another employer after the Date of Termination or otherwise, except as set forth in Section 3(b)(ii) above.

Appears in 6 contracts

Samples: Change in Control Agreement (Emclaire Financial Corp), Change in Control Agreement (Emclaire Financial Corp), Change in Control Agreement (Emclaire Financial Corp)

Mitigation; Exclusivity of Benefits. (a) The Executive shall not be required to mitigate the amount of any benefits hereunder by seeking other employment or otherwise, nor shall the amount of any such benefits be reduced by any compensation earned by the Executive as a result of employment by another employer after the Date of Termination or otherwise, except as set forth in Sections 5(e)(B) and 5(f)(B) above.

Appears in 6 contracts

Samples: Employment Agreement (Home Bancorp, Inc.), Employment Agreement (Home Bancorp, Inc.), Employment Agreement (Home Bancorp, Inc.)

Mitigation; Exclusivity of Benefits. (a) The Executive shall not be required to mitigate the amount of any benefits hereunder under this Agreement by seeking other employment or otherwise, nor shall the . The amount of any such benefits severance to be provided pursuant to Section 2 shall not be reduced by any compensation earned by the Executive as a result of employment by another employer after the Date of Termination or otherwise.

Appears in 5 contracts

Samples: Management Change of Control Severance Agreement (Cabelas Inc), Management Change of Control Severance Agreement (Cabelas Inc), Management Change of Control Severance Agreement (Cabelas Inc)

Mitigation; Exclusivity of Benefits. (a) The Executive shall not be required to mitigate the amount of any benefits hereunder by seeking other employment or otherwise, nor shall the amount of any such benefits be reduced by any compensation earned by the Executive as a result of employment by another employer after the Date of Termination or otherwise, except as set forth in Section 3(a)(B)(ii) above.

Appears in 5 contracts

Samples: Severance Agreement (Prudential Bancorp, Inc.), Severance Agreement (Prudential Bancorp, Inc.), Severance Agreement (Prudential Bancorp, Inc.)

Mitigation; Exclusivity of Benefits. (a) The Executive shall not be required to mitigate the amount of any benefits hereunder by seeking other employment or otherwise, nor shall the amount of any such benefits be reduced by any compensation earned by the Executive as a result of employment by another employer after the Date of Termination or otherwise, except as set forth in Section 5(d)(B)(ii) above.

Appears in 4 contracts

Samples: Employment Agreement (Emclaire Financial Corp), Employment Agreement (Prudential Bancorp, Inc.), Employment Agreement (Emclaire Financial Corp)

Mitigation; Exclusivity of Benefits. (a) The Executive shall not be required to mitigate the amount of any benefits hereunder by seeking other employment or otherwise, nor shall the amount of any such benefits be reduced by any compensation earned by the Executive as a result of employment by another employer after the Date of Termination or otherwise, except as set forth in Section 5(d)(ii)(z) hereof.

Appears in 4 contracts

Samples: Employment Agreement (Alliance Bancorp, Inc. Of Pennsylvania), Employment Agreement (Alliance Bancorp, Inc. Of Pennsylvania), Employment Agreement (Alliance Bancorp, Inc. Of Pennsylvania)

Mitigation; Exclusivity of Benefits. (a) The Executive shall not be required to mitigate the amount of any benefits hereunder by seeking other employment or otherwise, nor shall the . The amount of any such benefits severance to be provided pursuant to Sections 3(a) and 3(b) hereof shall not be reduced by any compensation earned by or benefits provided to the Executive as a result of employment by another employer after the Date of Termination or otherwise.

Appears in 4 contracts

Samples: Change in Control Agreement (Newalliance Bancshares Inc), Control Agreement (Newalliance Bancshares Inc), Two Year Change in Control Agreement (Newalliance Bancshares Inc)

Mitigation; Exclusivity of Benefits. (a) The Executive shall not be required to mitigate the amount of any benefits hereunder by seeking other employment or otherwise, nor shall the amount of any such benefits be reduced by any compensation earned by the Executive as a result of employment by another employer after the Date of Termination or otherwise, except as set forth in Section 5(d)(ii)(z) and Section 5(e)(ii)(z) hereof.

Appears in 4 contracts

Samples: Employment Agreement (Alliance Bancorp, Inc. Of Pennsylvania), Employment Agreement (Alliance Bancorp, Inc. Of Pennsylvania), Employment Agreement (Alliance Bancorp, Inc. Of Pennsylvania)

Mitigation; Exclusivity of Benefits. (a) The Executive shall not be required to mitigate the amount of any benefits hereunder by seeking other employment or otherwise, nor shall the amount of any such benefits be reduced by any compensation earned by the Executive as a result of employment by another employer after the Date of Termination or otherwise, except as set forth in Section 5(d)(B)(ii) hereof.

Appears in 3 contracts

Samples: Employment and Noncompetition Agreement (Independence Community Bank Corp), Employment Agreement (Alliance Bancorp Inc of Pennsylvania), Employment Agreement (Alliance Bancorp Inc of Pennsylvania)

Mitigation; Exclusivity of Benefits. (a) The Executive shall not be required to mitigate the amount of any benefits hereunder by seeking other employment or otherwise, nor shall the amount of any such benefits be reduced by any compensation earned by the Executive as a result of employment by another employer after the Date of Termination or otherwise, except as set forth in Section 5(d)(2) above.

Appears in 3 contracts

Samples: Employment Agreement (Home Bancorp, Inc.), Employment Agreement (Home Bancorp, Inc.), Employment Agreement (Home Bancorp, Inc.)

Mitigation; Exclusivity of Benefits. (a) The Executive shall not be required to mitigate the amount of any benefits hereunder by seeking other employment or otherwise, nor shall the amount of any such benefits be reduced by any compensation earned by the Executive as a result of employment by another employer after the Date of Termination or otherwise, except as set forth in Section 3(b) above.

Appears in 3 contracts

Samples: Change in Control Agreement (Emclaire Financial Corp), Change in Control Agreement (Emclaire Financial Corp), Change in Control Agreement (Emclaire Financial Corp)

Mitigation; Exclusivity of Benefits. (a) The Executive shall not be required to mitigate the amount of any benefits hereunder by seeking other employment or otherwise, nor shall the amount of any such benefits be reduced by any compensation earned by the Executive as a result of employment by another employer after the Date of Termination or otherwise, except as set forth in Sections 5(d)(2) and 5(e)(2) above.

Appears in 3 contracts

Samples: Employment Agreement (Minden Bancorp, Inc.), Employment Agreement (Minden Bancorp, Inc.), Employment Agreement (Minden Bancorp, Inc.)

Mitigation; Exclusivity of Benefits. (a) The Executive shall not be required to mitigate the amount of any benefits hereunder by seeking other employment or otherwise, nor shall the amount of any such benefits be reduced by any compensation earned by the Executive as a result of employment by another employer after the Date of Termination or otherwise, except as set forth in Sections 5(d)(ii) and (iii) above.

Appears in 2 contracts

Samples: Employment Agreement (Esb Financial Corp), Employment Agreement (Esb Financial Corp)

Mitigation; Exclusivity of Benefits. (a) The Executive shall not be required to mitigate the amount of any benefits hereunder by seeking other employment or otherwise, nor shall the amount of any such benefits be reduced by any compensation earned by the Executive as a result of employment by another employer after the Date of Termination or otherwise, except as set forth in Sections 5(d)(B)(ii) above.

Appears in 2 contracts

Samples: Prudential Savings Bank Employment Agreement (Prudential Bancorp, Inc.), Prudential Savings Bank Employment Agreement (Prudential Bancorp, Inc.)

Mitigation; Exclusivity of Benefits. (a) The a)The Executive shall not be required to mitigate the amount of any benefits hereunder by seeking other employment or otherwise, nor shall the amount of any such benefits be reduced by any compensation earned by the Executive as a result of employment by another employer after the Date of Termination or otherwise., except as set forth in Section 3(a)(2)(ii) above. ​

Appears in 2 contracts

Samples: Severance Agreement (Southern Missouri Bancorp, Inc.), Severance Agreement (Southern Missouri Bancorp, Inc.)

Mitigation; Exclusivity of Benefits. (a) The Executive shall not be required to mitigate the amount of any benefits hereunder by seeking other employment or otherwise, nor shall the amount of any such benefits be reduced by any compensation earned by the Executive as a result of employment by another employer after the Date of Termination or otherwise, except as set forth in Section 5(d)(B) and (C) above.

Appears in 2 contracts

Samples: Employment Agreement (Esb Financial Corp), Employment Agreement (Esb Financial Corp)

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Mitigation; Exclusivity of Benefits. (a) The Executive shall not be required to mitigate the amount of any benefits hereunder by seeking other employment or otherwise, nor shall the amount of any such benefits be reduced by any compensation earned by the Executive as a result of employment by another employer after the Date of Termination or otherwise, except as set forth in Sections 5(d)(B) and (C) above.

Appears in 2 contracts

Samples: Employment Agreement (Esb Financial Corp), Employment Agreement (Esb Financial Corp)

Mitigation; Exclusivity of Benefits. (a) The Executive shall not be required to mitigate the amount of any benefits hereunder by seeking other employment or otherwise, nor shall the amount of any such benefits be reduced by any compensation earned by the Executive as a result of employment by another employer after the Date of Termination or otherwise, except as set forth in Section 5(i)(B)(ii) hereof.

Appears in 2 contracts

Samples: Employment Agreement (Chester Valley Bancorp Inc), Employment Agreement (Willow Grove Bancorp Inc/New)

Mitigation; Exclusivity of Benefits. (a) The Executive shall not be required to mitigate the amount of any benefits hereunder by seeking other employment or otherwise, nor shall the amount of any such benefits be reduced by any compensation earned by the Executive as a result of employment by another employer after the Date of Termination or otherwise, except as set forth in Section 5(e)(B)(ii) hereof.

Appears in 2 contracts

Samples: Agreement (Willow Grove Bancorp Inc/New), Form of Agreement (Willow Grove Bancorp Inc/New)

Mitigation; Exclusivity of Benefits. (a) The Executive shall not be required to mitigate the amount of any benefits hereunder by seeking other employment or otherwise, nor shall the amount of any such benefits be reduced by any compensation earned by the Executive as a result of employment by another employer after the Date of Termination or otherwise, except as set forth in Sections 3(f) and 5(c)(B)(ii) hereof.

Appears in 2 contracts

Samples: Employment Agreement (First Federal Bancshares of Arkansas Inc), Employment Agreement (First Federal Bancshares of Arkansas Inc)

Mitigation; Exclusivity of Benefits. (a) The Executive shall not be required to mitigate the amount of any benefits hereunder by seeking other employment or otherwise, nor shall the amount of any such benefits be reduced by any compensation earned by the Executive as a result of employment by another employer after the Date of Termination or otherwiseotherwise (except as provided in Section 5(c)(B) hereof).

Appears in 2 contracts

Samples: Employment Agreement (CFS Bancorp Inc), Employment Agreement (Willow Grove Bancorp Inc)

Mitigation; Exclusivity of Benefits. (a) The Executive shall not be required to mitigate the amount of any benefits hereunder by seeking other employment or otherwise, nor shall the amount of any such benefits be reduced by any compensation earned by the Executive as a result of employment by another employer Corporation after the Date of Termination or otherwise, except as set forth in Section 5(d)(ii) above.

Appears in 1 contract

Samples: Employment Agreement (State Investors Bancorp, Inc.)

Mitigation; Exclusivity of Benefits. (a) The Executive shall not be required to mitigate the amount of any benefits hereunder by seeking other employment or otherwise, nor shall the amount of any such benefits be reduced by any compensation earned by the Executive as a result of employment by another employer after the Date of Termination or otherwise, except as set forth in Sections 2(b) and 2(c) above.

Appears in 1 contract

Samples: Change in Control Agreement (Esb Financial Corp)

Mitigation; Exclusivity of Benefits. (a) The Executive shall not be required to mitigate the amount of any benefits hereunder by seeking other employment or otherwise, nor shall the amount of any such benefits be reduced by any compensation earned by the Executive as a result of employment by another employer after the Date of Termination or otherwise.otherwise so long as the Executive has not breached this Agreement. In the event of any breach of this Agreement by the Executive following the Date of Termination, the Executive shall immediately repay to the Bank all severance payments paid to him under

Appears in 1 contract

Samples: Employment Agreement (CFS Bancorp Inc)

Mitigation; Exclusivity of Benefits. (a) The Executive shall not be required to mitigate the amount of any benefits hereunder by seeking other employment or otherwise, nor shall the amount of any such benefits be reduced by any compensation earned by the Executive as a result of employment by another employer after the Date of Termination or otherwise, except as set forth in Section 5(e)(B)(iii) hereof.

Appears in 1 contract

Samples: Agreement (Willow Grove Bancorp Inc/New)

Mitigation; Exclusivity of Benefits. (a) The Executive shall not be required to mitigate the amount of any benefits hereunder by seeking other employment or otherwise, nor shall the amount of any such benefits be reduced by any compensation earned by the Executive as a result of employment by another employer after the Date of Termination or otherwise, except as set forth in Sections 5(e)(2) and 5(f)(2) above.

Appears in 1 contract

Samples: Employment Agreement (Home Bancorp, Inc.)

Mitigation; Exclusivity of Benefits. (a) The Executive shall not be required to mitigate the amount of any benefits hereunder by seeking other employment or otherwise, nor shall the amount of any such benefits be reduced by any compensation earned by the Executive as a result of employment by another employer after the Date of Termination or otherwise, except as set forth in sections 3(f) and 5(c)(B)(ii) hereof.

Appears in 1 contract

Samples: Employment Agreement (First Federal Bancshares of Arkansas Inc)

Mitigation; Exclusivity of Benefits. (a) The Except as set forth in Section 5(c)(B) hereto, the Executive shall not be required to mitigate the amount of any benefits hereunder by seeking other employment or otherwise, nor shall the amount of any such benefits be reduced by any compensation earned by the Executive as a result of employment by another employer after the Date of Termination or otherwise.

Appears in 1 contract

Samples: Agreement (Progress Financial Corp)

Mitigation; Exclusivity of Benefits. (a) 2.5.1 The Executive shall not be required to mitigate the amount of any benefits hereunder under this Agreement by seeking other employment or otherwise, nor . The benefits to be provided pursuant to Section 2.1 hereof shall the amount of any such benefits not be reduced by any compensation earned by or benefits payable or provided to the Executive as a result of employment by another employer after the Date date of Termination termination or otherwise.

Appears in 1 contract

Samples: Change in Control Agreement (Gsi Commerce Inc)

Mitigation; Exclusivity of Benefits. (a) The Executive shall not be required to mitigate the amount of any benefits hereunder by seeking other employment or otherwise, nor shall the amount of any such benefits be reduced by any compensation earned by the Executive as a result of employment by another employer after the Date of Termination or otherwise.

Appears in 1 contract

Samples: Employment Agreement (Union Bankshares Corp)

Mitigation; Exclusivity of Benefits. (a) The Executive shall not be required to mitigate the amount of any benefits hereunder by seeking other employment or otherwisehereunder, nor shall the amount of any such benefits be reduced by any compensation earned by the Executive as a result of employment by another employer after the Date of Termination or otherwise.

Appears in 1 contract

Samples: Change in Control Severance Agreement (Silvergate Capital Corp)

Mitigation; Exclusivity of Benefits. (a) The Executive shall not be required to mitigate the amount of any benefits hereunder by seeking other employment or otherwise, nor shall the amount of any such benefits be reduced by any compensation earned by the Executive as a result of employment by another employer after the Date of Termination or otherwise, except as set forth in Section 5(d)(B)(ii) and Section 5(e)(B)(ii) hereof.

Appears in 1 contract

Samples: Employment Agreement (Alliance Bancorp Inc of Pennsylvania)

Mitigation; Exclusivity of Benefits. (a) The Executive shall not be required to mitigate the amount of any benefits hereunder by seeking other employment or otherwise, nor shall the amount of any such benefits be reduced by any compensation earned by the Executive as a result of employment by another employer after the Date of Termination or otherwise, except as set forth in Section 2(a)(ii) above.

Appears in 1 contract

Samples: Change in Control Agreement (Home Federal Bancorp, Inc. Of Louisiana)

Mitigation; Exclusivity of Benefits. (a) The Executive shall not be required to mitigate the amount of any benefits hereunder by seeking other employment or otherwise, nor shall the amount of any such benefits be reduced by any compensation earned by the Executive as a result of employment by another employer after the Date date of Termination termination or otherwise.

Appears in 1 contract

Samples: Confidentiality and Non Competition Agreement (F&m Bancorp)

Mitigation; Exclusivity of Benefits. (a) The a)The Executive shall not be required to mitigate the amount of any benefits hereunder by seeking other employment or otherwise, nor shall the amount of any such benefits be reduced by any compensation earned by the Executive as a result of employment by another employer after the Date of Termination or otherwise, except as set forth in Section 3(a)(2)(ii) above.

Appears in 1 contract

Samples: Severance Agreement (Southern Missouri Bancorp, Inc.)

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