Common use of No Duty to Mitigate Clause in Contracts

No Duty to Mitigate. Executive shall not be required to mitigate damages or the amount of any payment provided for under this Agreement by seeking other employment or otherwise, nor will any payments hereunder be subject to offset in the event Executive does mitigate.

Appears in 23 contracts

Samples: Employment Agreement (Vici Properties Inc.), Employment Agreement (Vici Properties Inc.), Executive Employment Agreement (Peak Resorts Inc)

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No Duty to Mitigate. Executive shall not be required to mitigate damages or the amount of any payment provided for under in this Agreement by seeking other employment or otherwise, nor will . No such payment shall be offset or reduced by the amount of any payments hereunder be subject compensation or benefits provided to offset Executive in the event Executive does mitigateany subsequent employment.

Appears in 13 contracts

Samples: Employment Agreement (Global Geophysical Services Inc), Employment Agreement (Global Geophysical Services Inc), Employment Agreement (Eco-Stim Energy Solutions, Inc.)

No Duty to Mitigate. Executive shall not be required to mitigate damages or the amount of any payment provided for under or benefit contemplated by this Agreement by seeking other employment with a new employer or otherwise, nor will shall any payments hereunder such payment or benefit be subject to offset reduced by any compensation or benefits that Executive may receive from employment by another employer other than as provided in the event Executive does mitigateSection 3(d).

Appears in 13 contracts

Samples: Retention Agreement (Retail Properties of America, Inc.), Retention Agreement (Retail Properties of America, Inc.), Retention Agreement (Retail Properties of America, Inc.)

No Duty to Mitigate. Executive shall not be required to mitigate damages or the amount of any payment provided for under this Agreement by seeking other employment or otherwise, nor will any payments hereunder be subject to offset in the event Executive does mitigatemitigate (except as otherwise provided in clause (i)(G) of the second sentence of Section 4.3(b) or clause (i)(E) of Section 4.4).

Appears in 12 contracts

Samples: Employment Agreement (National Retail Properties, Inc.), Employment Agreement (National Retail Properties, Inc.), Employment Agreement (National Retail Properties, Inc.)

No Duty to Mitigate. Executive shall not be required to mitigate damages or the amount of any payment provided for under damages that Executive may incur or other payments to be made to Executive hereunder as a result of any termination or expiration of this Agreement by seeking other employment or otherwiseAgreement, nor will shall any payments hereunder to Executive be subject to offset in the event reduced by any other payments Executive does mitigatemay receive.

Appears in 12 contracts

Samples: Employment Agreement (Castle Brands Inc), Employment Agreement (Castle Brands Inc), Employment Agreement (Castle Brands Inc)

No Duty to Mitigate. Executive shall not be required to mitigate damages or the amount of any payment provided for under in this Agreement by seeking other employment or otherwise, nor will shall any payments hereunder be subject to amounts received from other employment or otherwise by Executive offset in any manner the event Executive does mitigateobligations of the Company hereunder.

Appears in 11 contracts

Samples: Employment Agreement (Mid Atlantic Medical Services Inc), Employment Agreement (Mid Atlantic Medical Services Inc), Employment Agreement (Mid Atlantic Medical Services Inc)

No Duty to Mitigate. Except as may be provided in Section 5.2(c)(ii), the Executive shall not be required to mitigate damages or the amount of any payment provided for under this Agreement by seeking other employment or otherwise, nor will any payments hereunder be subject to offset in the event the Executive does mitigate.

Appears in 10 contracts

Samples: Employment Agreement (Extra Space Storage Inc.), Employment Agreement (Cogdell Spencer Inc.), Employment Agreement (Cogdell Spencer Inc.)

No Duty to Mitigate. Executive shall not be required to mitigate damages or the amount of any payment provided for under or benefit contemplated by this Agreement by seeking other employment with a new employer or otherwise, nor will shall any payments hereunder such payment or benefit be subject to offset in the event reduced by any compensation or benefits that Executive does mitigatemay receive from employment by another employer.

Appears in 10 contracts

Samples: Executive Employment Agreement (Jda Software Group Inc), Executive Employment Agreement (Inventure Foods, Inc.), Executive Employment Agreement (Jda Software Group Inc)

No Duty to Mitigate. Executive shall not be required to mitigate damages or the amount value of any payment provided for under benefits contemplated by this Agreement by seeking other employment or otherwiseAgreement, nor will shall any payments hereunder such benefits be subject to offset in the event reduced by any earnings or benefits that Executive does mitigatemay receive from any other source.

Appears in 9 contracts

Samples: Management Retention Agreement (Pc Tel Inc), Management Retention Agreement (Pc Tel Inc), Management Retention Agreement (Stratos International Inc)

No Duty to Mitigate. Executive shall not be required to mitigate damages or the amount of any payment provided for under damages that Executive may incur or other payments to be made to Executive hereunder as a result of any termination or expiration of this Agreement by seeking other employment or otherwiseAgreement, nor will shall any payments hereunder to Executive be subject to offset in the event reduced by any other payments Executive does mitigatemay receive, except as set forth herein.

Appears in 9 contracts

Samples: Employment Agreement (Michael Kors Holdings LTD), Employment Agreement (HF Foods Group Inc.), Employment Agreement (HF Foods Group Inc.)

No Duty to Mitigate. Executive shall not be required to mitigate damages or the amount value of any payment provided for under benefits contemplated by this Agreement by seeking other employment or otherwiseAgreement, nor will shall any payments hereunder such benefits be subject to offset in reduced by any earnings or benefits that the event Executive does mitigatemay receive from any other source.

Appears in 8 contracts

Samples: Management Retention Agreement (Pc Tel Inc), Management Retention Agreement (Pc Tel Inc), Management Retention Agreement (Smith Micro Software Inc)

No Duty to Mitigate. The Executive shall not be required to mitigate damages or the amount of any payment payment, benefit or other Company obligation provided for under in this Agreement by seeking other employment or otherwiseotherwise and no such payment, nor will benefit or other Company obligation shall be offset or reduced by the amount of any payments hereunder be subject compensation or benefits provided to offset the Executive in the event Executive does mitigateany subsequent employment.

Appears in 8 contracts

Samples: Employment Agreement (Mobile Mini Inc), Employment Agreement (Mobile Mini Inc), Employment Agreement (Mobile Mini Inc)

No Duty to Mitigate. Executive shall not be required to mitigate damages or the amount of any payment or benefit provided for under in this Agreement by seeking other employment or otherwise, nor will shall the amount of any payments hereunder payment or benefit provided for herein be subject to offset in the event Executive does mitigatereduced by any compensation earned by other employment or otherwise.

Appears in 8 contracts

Samples: Severance Agreement (Integra Lifesciences Holdings Corp), Severance Agreement (Integra Lifesciences Holdings Corp), Severance Agreement (Integra Lifesciences Holdings Corp)

No Duty to Mitigate. The Executive shall not be required to mitigate damages or the amount of any payment provided for under this Agreement by seeking other employment or otherwise, nor will any payments hereunder be subject to offset in the event that the Executive does not mitigate.

Appears in 6 contracts

Samples: Jerry Linzey Employment Agreement (Acl Finance Corp), Employment Agreement (American Barge Line Co), Employment Agreement (American Barge Line Co)

No Duty to Mitigate. The Executive shall not be required to mitigate damages or the amount of any payment provided for under this Agreement by seeking other employment or otherwise, nor will any payments or benefits hereunder be subject to offset in the event the Executive does mitigate, except as provided in Section 5.2.

Appears in 5 contracts

Samples: Waiver and Release Agreement (Kite Realty Group Trust), Executive Employment Agreement (Kite Realty Group Trust), Executive Employment Agreement (Kite Realty Group Trust)

No Duty to Mitigate. The Executive shall not be required to mitigate damages or the amount of any payment provided for under damages that the Executive may incur or other payments to be made to the Executive hereunder as a result of any termination or expiration of this Agreement by seeking other employment or otherwiseAgreement, nor will shall any payments hereunder to the Executive be subject to offset in reduced by any other payments the event Executive does mitigatemay receive.

Appears in 4 contracts

Samples: Employment Agreement (Factory Card Outlet Corp), Employment Agreement (Factory Card Outlet Corp), Employment Agreement (Factory Card Outlet Corp)

No Duty to Mitigate. Executive shall not be required to mitigate damages or the amount of any payment provided for under this Agreement by seeking other employment or otherwise, nor will any payments hereunder be subject to offset in the event Executive does mitigatemitigate (except as otherwise provided in clause (i)(F) of the second sentence of Section 4.3(b) or clause (i)(D) of Section 4.4).

Appears in 3 contracts

Samples: Employment Agreement (National Retail Properties, Inc.), Employment Agreement (National Retail Properties, Inc.), Employment Agreement (National Retail Properties, Inc.)

No Duty to Mitigate. The Executive shall not be required to mitigate damages or the amount of any payment provided for under this Agreement by seeking other employment or otherwise, nor will any payments or benefits hereunder be subject to offset in the event the Executive does mitigate, except as provided in Section 5.3.

Appears in 3 contracts

Samples: Executive Employment Agreement (Kite Realty Group Trust), Executive Employment Agreement (Kite Realty Group Trust), Executive Employment Agreement (Kite Realty Group Trust)

No Duty to Mitigate. Executive shall not be required to mitigate damages or the amount of any payment provided for under damages that Executive may incur or other payments to be made to Executive hereunder as a result of any termination or expiration of this Agreement by seeking other employment or otherwiseAgreement, nor will shall any payments hereunder to Executive be subject to offset in the event reduced by any other payments Executive does mitigatemay receive, except as may otherwise be set forth herein.

Appears in 3 contracts

Samples: Employment Agreement (Capri Holdings LTD), Employment Agreement (Michael Kors Holdings LTD), Employment Agreement (Capri Holdings LTD)

No Duty to Mitigate. The Executive shall not be required to mitigate damages or the amount value of any payment provided for under benefits contemplated by this Agreement by seeking other employment or otherwiseAgreement, nor will shall any payments hereunder such benefits be subject to offset in reduced by any earnings or benefits that the event Executive does mitigatemay receive from any other source.

Appears in 3 contracts

Samples: Management Retention Agreement (3com Corp), Management Retention Agreement (3com Corp), Management Retention Agreement (Pc Tel Inc)

No Duty to Mitigate. The Executive shall not be required to mitigate damages or the amount of any payment provided for under this Agreement by seeking other employment or otherwise, nor will any payments or benefits hereunder be subject to offset in the event the Executive does mitigate.

Appears in 3 contracts

Samples: Restricted Share Agreement (First Potomac Realty Trust), Restricted Share Agreement (First Potomac Realty Trust), Restricted Share Agreement (First Potomac Realty Trust)

No Duty to Mitigate. Executive shall not be required to mitigate damages or the amount of any payment provided for under in this Agreement by seeking other employment or otherwise, nor will shall any payments hereunder be subject to amounts received from other employment or otherwise by Executive offset in any manner the event Executive does mitigate.obligations of the Company hereunder. (c)

Appears in 3 contracts

Samples: Employment Agreement (Mid Atlantic Medical Services Inc), Employment Agreement (Mid Atlantic Medical Services Inc), Employment Agreement (Mid Atlantic Medical Services Inc)

No Duty to Mitigate. Payments due to Executive shall pursuant to this Agreement are not be required conditioned on Executive's attempting to mitigate damages or the amount of any payment provided for under this Agreement losses by seeking other employment or otherwisetaking other action, nor will any payments hereunder and Executive shall be subject under no obligation to offset in the event Executive does mitigatedo so.

Appears in 2 contracts

Samples: Resignation and General Release Agreement (Galyans Trading Co Inc), Resignation and General Release Agreement (Galyans Trading Co Inc)

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No Duty to Mitigate. Executive shall not be required to mitigate damages or the amount of any payment provided for under or benefit contemplated by this Agreement by seeking other employment with a new employer or otherwise, nor will shall any payments hereunder such payment or benefit be subject to offset reduced by any compensation or benefits that Executive may receive from employment by another employer other than as provided in the event Executive does mitigateSection 2(b).

Appears in 2 contracts

Samples: Severance Agreement (Pico Holdings Inc /New), Severance Agreement (Pico Holdings Inc /New)

No Duty to Mitigate. Executive shall not be required to mitigate damages or the amount value of any payment provided for under this Agreement benefits contemplated by seeking other employment or otherwisethe Agreement, nor will shall any payments hereunder such benefits be subject to offset in the event reduced by any earnings or benefits that Executive does mitigatemay receive from any other source.

Appears in 2 contracts

Samples: Employment and Executive Severance Agreement (Symmetricom Inc), Employment and Executive Severance Agreement (Symmetricom Inc)

No Duty to Mitigate. The Executive shall not be required to mitigate damages or the amount of any payment provided for under this Agreement by seeking other employment or of otherwise, nor will any payments hereunder be subject to offset in the event the Executive does mitigate.

Appears in 2 contracts

Samples: Employment Agreement (Netreit), Employment Agreement (Netreit)

No Duty to Mitigate. The Executive shall not be required to mitigate damages or the amount of any payment provided for under this Severance Agreement by seeking other employment or otherwise, nor will any payments hereunder be subject to offset in the event the Executive does mitigate.

Appears in 2 contracts

Samples: Severance Agreement (Air Lease Corp), Severance Agreement (Air Lease Corp)

No Duty to Mitigate. Executive shall not be required to mitigate damages or the amount of any payment provided for under or benefit contemplated by this Agreement by seeking other employment with a new employer or otherwise, nor will shall any payments hereunder such payment or benefit be subject to offset reduced by any compensation or benefits that Executive may receive from employment by another employer other than as provided in the event Executive does mitigateSection 2(d).

Appears in 2 contracts

Samples: Severance Agreement (Pico Holdings Inc /New), Severance Agreement (Pico Holdings Inc /New)

No Duty to Mitigate. Executive shall not be required to mitigate damages or the amount of any payment provided for under or benefit contemplated by this Agreement by seeking other office or employment with a new company, employer or otherwise, nor will shall any payments hereunder such payment or benefit be subject to offset reduced by any compensation or benefits that Executive may receive from office or employment by another company or employer other than as provided in the event Executive does mitigateSection 8.2(b).

Appears in 2 contracts

Samples: Management Agreement (Criteo S.A.), Management Agreement (Criteo S.A.)

No Duty to Mitigate. Executive shall not be required to mitigate damages or the amount of any payment provided for under this Agreement by seeking other employment or otherwise, nor will any payments hereunder be subject to offset in the event Executive does mitigatefor any reason not expressly provided herein.

Appears in 2 contracts

Samples: Executive Employment Agreement (Oxis International Inc), Executive Employment Agreement (Oxis International Inc)

No Duty to Mitigate. The Executive shall not be required to mitigate damages or the amount of any payment provided for under this Agreement by seeking other employment or otherwise, nor will any payments hereunder be subject to offset in the event the Executive does mitigate.. 7.13

Appears in 1 contract

Samples: Employment Agreement (Global Medical REIT Inc.)

No Duty to Mitigate. Executive shall not be required to mitigate damages or the amount of any payment provided for under or benefit contemplated by this Agreement by seeking other employment with a new employer or otherwise, nor will shall any payments hereunder such payment or benefit be subject to offset reduced by any compensation or benefits that Executive may receive from employment by another employer other than as provided in the event Executive does mitigateSection 7.2(c).

Appears in 1 contract

Samples: Executive Employment Agreement (Criteo S.A.)

No Duty to Mitigate. Executive shall not be required to mitigate damages or the amount of any payment provided for under contemplated by this Agreement (whether by seeking other new employment or otherwise, nor will in any payments hereunder other manner). Any severance benefits payable to Executive shall not be subject to offset in the event Executive does mitigatereduction for any compensation received from other employment.

Appears in 1 contract

Samples: Employment Agreement (Novatel Wireless Inc)

No Duty to Mitigate. The Executive shall not be required to mitigate damages or the amount of any payment provided for under this Agreement by seeking other employment or otherwise, nor will any payments hereunder be subject to offset in the event Executive does mitigate.

Appears in 1 contract

Samples: Employment and Confidentiality Agreement (Ciber Inc)

No Duty to Mitigate. The Executive shall not be required have no obligation to take any action to mitigate damages or offset any amounts payable by the amount of any payment provided for under Company pursuant to this Agreement by seeking other employment or otherwise, nor will shall the amount of any payments hereunder payment provided for in this Agreement be subject to offset in reduced by any compensation earned by the event Executive does mitigateas the result of employment by another employer after the date of termination of the Executive's employment or otherwise.

Appears in 1 contract

Samples: Employment Agreement (Rf Micro Devices Inc)

No Duty to Mitigate. Executive shall not be required to mitigate damages or the amount of any payment payments provided for under this Agreement by seeking other employment or otherwise, nor will any payments payment or benefit hereunder be subject to offset or reduction in the event Executive does mitigate.

Appears in 1 contract

Samples: Change of Control Agreement (Bancorp of New Jersey, Inc.)

No Duty to Mitigate. Executive shall not be required to mitigate damages or the amount of any payment or benefit provided for under pursuant to this Agreement by seeking other employment or otherwiseAgreement, nor will shall the amount of any payments hereunder such payment or benefit be subject to offset reduced by any compensation that Executive receives from any other source, except as set forth in the event Executive does mitigateSection 2(b)(iii).

Appears in 1 contract

Samples: Separation Agreement and Release (Park Hotels & Resorts Inc.)

No Duty to Mitigate. Executive shall not be required to mitigate damages or the amount of any payment provided for under or other benefit required to be paid to Executive pursuant to this Agreement Agreement, whether by seeking other employment or otherwise. Except as set forth in Section 2(c) above, nor will the amount of the payments to be received hereunder shall not be reduced on account of any payments hereunder be subject to offset in the event compensation earned by Executive does mitigateas a result of employment by another person.

Appears in 1 contract

Samples: Resignation Agreement and Release (Comsys It Partners Inc)

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