No Duty to Mitigate. Executive's entitlement to benefits hereunder shall not be governed by any duty to mitigate his damages by seeking further employment nor, except as specifically provided above in paragraph 3(b), be offset by any compensation or benefit which he may receive from future employment.
Appears in 7 contracts
Samples: Change in Control Compensation Agreement (Banctrust Financial Group Inc), Change in Control Compensation Agreement (Banctrust Financial Group Inc), Control Compensation Agreement (South Alabama Bancorporation Inc /De/)
No Duty to Mitigate. Executive's entitlement to benefits hereunder shall not be governed by any duty to mitigate his damages by seeking further employment nor, except as specifically provided above in paragraph 3(b), be nor offset by any compensation or benefit which he may receive from future employment.
Appears in 5 contracts
Samples: Executive Severance Agreement (Eskimo Pie Corp), Executive Severance Agreement (Eskimo Pie Corp), Executive Severance Agreement (Eskimo Pie Corp)
No Duty to Mitigate. Executive's entitlement to benefits hereunder shall not be governed by any duty to mitigate his Executive's damages by seeking further employment nor, except as specifically provided above in paragraph 3(b), be nor offset by any compensation or benefit which he Executive may receive from future employment.
Appears in 5 contracts
Samples: Executive Severance Agreement (Equistar Funding Corp), Executive Severance Agreement (Equistar Funding Corp), Executive Severance Agreement (Reynolds Metals Co)
No Duty to Mitigate. Executive's ’s entitlement to benefits hereunder shall not be governed by any duty to mitigate his damages by seeking further employment nor, except as specifically provided above in paragraph Section 3(b), and subject to the covenants of Section 10, be offset by any compensation or benefit which he may receive from future employment.
Appears in 5 contracts
Samples: Control Compensation Agreement (Banctrust Financial Group Inc), Control Compensation Agreement (Banctrust Financial Group Inc), Control Compensation Agreement (Banctrust Financial Group Inc)
No Duty to Mitigate. Executive's entitlement to benefits hereunder shall not be governed by any duty to mitigate his damages by seeking further employment nor, except as specifically provided above in paragraph 3(b), be nor offset by any compensation or benefit which that he may receive from future employment.
Appears in 3 contracts
Samples: Employment Agreement (Banc Corp), Employment Agreement (Banc Corp), Employment Agreement (Banc Corp)
No Duty to Mitigate. Executive's ’s entitlement to benefits hereunder shall not be governed by any duty to mitigate his damages by seeking further employment nor, except as specifically provided above in paragraph 3(b), be nor offset by any compensation or benefit which that he may receive from future employment.
Appears in 3 contracts
Samples: Employment Agreement (Superior Bancorp), Employment Agreement (Superior Bancorp), Employment Agreement (Superior Bancorp)
No Duty to Mitigate. The Executive's ’s entitlement to benefits hereunder shall not be governed by any duty to mitigate his damages by seeking further employment nor, except as specifically provided above in paragraph 3(b), be nor offset by any compensation or benefit which that he may receive from future employmentemployment except as set forth in the proviso in Section 4(e) hereof.
Appears in 3 contracts
Samples: Change in Control Agreement (Superior Bancorp), Change in Control Agreement (Superior Bancorp), Change in Control Agreement (Superior Bancorp)
No Duty to Mitigate. Executive's entitlement to benefits hereunder under this plan shall not be governed by any duty to mitigate his damages by seeking further employment nor, except as specifically provided above in paragraph 3(b), be nor offset by any compensation or benefit which he may receive from future employment.
Appears in 3 contracts
Samples: Change in Control Compensation Agreement (Equity Oil Co), Change in Control Compensation Agreement (Equity Oil Co), Change in Control Compensation Agreement (Fx Energy Inc)
No Duty to Mitigate. Executive's ’s entitlement to benefits hereunder shall not be governed by any duty to mitigate his damages by seeking further employment nor, except as specifically provided above in paragraph 3(b), be offset by any compensation or benefit which he may receive from future employment.
Appears in 2 contracts
Samples: Change in Control Compensation Agreement (Banctrust Financial Group Inc), Change in Control Compensation Agreement (Banctrust Financial Group Inc)
No Duty to Mitigate. Executive's entitlement to benefits hereunder under this Agreement shall not be governed by any duty to mitigate his damages by seeking further employment nor, except as specifically provided above in paragraph 3(b), be nor offset by any compensation or benefit which he may receive from future employment.
Appears in 2 contracts
Samples: Control Compensation Agreement (Banctenn Corp), Control Compensation Agreement (Banctenn Corp)
No Duty to Mitigate. Executive's entitlement to benefits hereunder shall not be governed by any duty to mitigate his damages by seeking further employment nor, except as specifically provided above in paragraph 3(b), be nor offset by any compensation or benefit which he Executive may receive from future employment.
Appears in 1 contract
Samples: Employment Agreement (Rock-Tenn CO)
No Duty to Mitigate. The Executive's entitlement to benefits Benefits hereunder shall will not be governed by any duty to mitigate his damages the amount of any payment by seeking further other employment nor, except as specifically provided above in paragraph 3(b), or taking any other action nor will the amount of Benefits be offset reduced by any compensation or benefit which he may receive from future employmentother employment or otherwise after Termination, except as provided in paragraph 3(b).
Appears in 1 contract
No Duty to Mitigate. Executive's ’s entitlement to benefits hereunder under this plan shall not be governed by any duty to mitigate his damages by seeking further employment nor, except as specifically provided above in paragraph 3(b), be nor offset by any compensation or benefit which he may receive from future employment.
Appears in 1 contract
Samples: Change in Control Compensation Agreement (Fx Energy Inc)
No Duty to Mitigate. Executive's ’s entitlement to benefits hereunder shall not be governed by any duty to mitigate his damages by seeking further employment nor, except as specifically provided above in paragraph 3(b), be nor offset by any compensation or benefit which he Executive may receive from future employment.
Appears in 1 contract
Samples: Employment Agreement (Rock-Tenn CO)
No Duty to Mitigate. Executive's entitlement to benefits hereunder ------------------- shall not be governed by any duty to mitigate his Executive's damages by seeking further employment nor, except as specifically provided above in paragraph 3(b), be nor offset by any compensation or benefit which he Executive may receive from future employment.
Appears in 1 contract
Samples: Executive Severance Agreement (Lyondell Petrochemical Co)
No Duty to Mitigate. Except as provided in Section 3(d), Executive's entitlement to benefits hereunder shall not be governed by any duty to mitigate his damages by seeking further employment nor, except as specifically provided above in paragraph 3(b), be nor offset by any compensation or benefit which he may receive from future employment.
Appears in 1 contract
