Common use of No Duty of Mitigation Clause in Contracts

No Duty of Mitigation. The Company acknowledges that it would be very difficult and generally impracticable to determine your ability to, or extent to which you may, mitigate any damages or injuries you may incur by reason of the Change in Control. The Company has taken this into account in entering into this Agreement and, accordingly, the Company acknowledges and agrees that you shall have no duty to mitigate any such damages and that you shall be entitled to receive your entire Severance Payment regardless of any income which you may receive from other sources following your termination after any Change in Control.

Appears in 6 contracts

Samples: General Release Agreement (KEMPER Corp), Confidential (Unitrin Inc), KEMPER Corp

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No Duty of Mitigation. The Company acknowledges that it would be very difficult and generally impracticable to determine your ability to, or the extent to which you may, mitigate any damages or injuries you may incur by reason of the Change in of Control. The Company has taken this into account in entering into this Agreement and, accordingly, the Company acknowledges and agrees that you shall have no duty to mitigate any such damages and that you shall be entitled to receive your entire Severance Payment regardless of any income which you may receive from other sources following your termination after any Change in of Control.

Appears in 2 contracts

Samples: Change of Control Contract (Lone Star Steakhouse & Saloon Inc), Change of Control Contract (Lone Star Steakhouse & Saloon Inc)

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No Duty of Mitigation. The Company acknowledges that it would be very difficult and generally impracticable to determine your ability to, or the extent to which you may, mitigate any damages or injuries you may incur by reason of the Change in of Control. The Company has taken this into account in entering into this Agreement and, accordingly, the Company acknowledges and agrees that you shall have no duty to mitigate any such damages and that you shall be entitled to receive your entire Severance Payment regardless of any income which you may receive from other sources following the termination of your termination employment after any Change in of Control.

Appears in 2 contracts

Samples: Scios Inc, Scios Inc

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