No Duty to Mitigate. In no event shall the Executive be obligated to seek other employment or take any other action by way of mitigation of the amounts payable to the Executive under any of the provisions of this Agreement and, except as provided in Section 6, such amounts shall not be reduced whether or not the Executive obtains other employment.
Appears in 7 contracts
Samples: Change of Control Agreement (Hologic Inc), Change of Control Agreement (Hologic Inc), Change of Control Agreement (Hologic Inc)
No Duty to Mitigate. In no event shall the Executive be obligated to seek other employment or take any other action by way of mitigation of the amounts payable to the Executive under any of the provisions of this Agreement and, except as provided in contemplated by Section 64(b) hereof, such amounts any benefits payable to the Executive hereunder shall not be reduced whether or not the Executive obtains subject to reduction for any compensation received from other employment.
Appears in 6 contracts
Samples: Severance Agreement (Chase Corp), Severance Agreement (Chase Corp), Severance Agreement (Chase Corp)
No Duty to Mitigate. In no event shall the Executive be obligated to seek other employment or take any other action by way of mitigation of the amounts payable to the Executive under any of the provisions of this Agreement and, and except as specifically provided in Section 64(a)(iii), such amounts shall not be reduced whether or not the Executive obtains other employment.
Appears in 5 contracts
Samples: Employment Agreement (Bristow Group Inc), Employment Agreement (Bristow Group Inc), Employment Agreement (Bristow Group Inc)
No Duty to Mitigate. In no event shall the Executive be obligated to seek other employment or take any other action by way of mitigation of the amounts payable to the Executive under any of the provisions of this Agreement and, except as provided in Section 6Agreement paragraph 8 (and Agreement paragraphs 6(c), 7(b) and 7(c) regarding health insurance coverage), such amounts shall not be reduced regardless of whether or not the Executive obtains other employment.
Appears in 5 contracts
Samples: Employment Agreement (Atlantic Capital Bancshares, Inc.), Employment Agreement (Atlantic Capital Bancshares, Inc.), Employment Agreement (Atlantic Capital Bancshares, Inc.)
No Duty to Mitigate. In no event shall the Executive be obligated to seek other employment or take any other action by way of mitigation of the amounts payable to the Executive under any of the provisions of this Agreement and, except as provided in Section 6, and such amounts shall not be reduced whether or not the Executive obtains other employment; provided, however, that any loans, advances or other amounts owed by Executive to the Company may be offset by the Company against amounts payable to Executive under this Section 4, but any such offset shall not change the timing of any payments provided for in this Section 4.
Appears in 4 contracts
Samples: Employment Agreement (Digital Generation, Inc.), Employment Agreement (Digital Generation, Inc.), Employment Agreement (Digital Generation, Inc.)
No Duty to Mitigate. In no event shall the Executive be obligated to seek other employment or take any other action by way of mitigation of the amounts payable to the Executive under any of the provisions of this Agreement and, except as provided in Section 6, such amounts shall not be reduced whether or not the Executive obtains other employment.
Appears in 4 contracts
Samples: Release Agreement (Placer Sierra Bancshares), Release Agreement (Placer Sierra Bancshares), Release Agreement (Placer Sierra Bancshares)
No Duty to Mitigate. In no event shall the Executive be obligated to ------------------- seek other employment or take any other action by way of mitigation of the amounts amount payable to the Executive under any of the provisions of this Agreement and, except as provided in Section 6, agreement and such amounts shall not be reduced whether or not the Executive obtains other employment.
Appears in 3 contracts
Samples: Executive Severance Agreement (Option Care Inc/De), Executive Severance Agreement (Option Care Inc/De), Executive Severance Agreement (Option Care Inc/De)
No Duty to Mitigate. In no event shall the Executive be obligated to seek other employment or take any other action by way of mitigation of the amounts payable to the Executive under any of the provisions of this Agreement and, except as provided in Section 6contemplated by Sections 2(b) and 3(c)(iii)(B)hereof, such amounts any benefits payable to the Executive hereunder shall not be reduced whether or not the Executive obtains subject to reduction for any compensation received from other employment. 10.
Appears in 3 contracts
Samples: Executive Agreement (PTC Inc.), Executive Agreement (PTC Inc.), Executive Agreement (PTC Inc.)
No Duty to Mitigate. In no event shall the Executive be obligated to seek other employment or take any other action by way of mitigation of the amounts payable to the Executive under any of the provisions of this Agreement and, except as provided in Section 617, such amounts shall not be reduced whether or not the Executive obtains other employment.
Appears in 2 contracts
Samples: Employment Agreement (Poet Technologies Inc.), Employment Agreement (Poet Technologies Inc.)
No Duty to Mitigate. In no event shall the Executive be obligated to seek other employment or take any other action by way of mitigation of the amounts payable to the Executive under any of the provisions of this Agreement andAgreement, nor shall the amount of any payment hereunder be reduced, except as otherwise specifically provided in Section 6herein, such amounts shall not be reduced whether or not by any compensation earned by the Executive obtains other employmentas a result of employment by another employer.
Appears in 2 contracts
Samples: Employment Agreement (Thomas & Betts Corp), Employment Agreement (Thomas & Betts Corp)
No Duty to Mitigate. In no event shall the Executive be obligated to seek other employment or take any other action by way of mitigation of the amounts payable to the Executive under any of the provisions of this Agreement andPlan, except as provided in Section 6, and such amounts shall not be reduced whether or not the Executive obtains other employment.
Appears in 2 contracts
Samples: I Agreement (Kimberly Clark Corp), Ii Agreement (Kimberly Clark Corp)
No Duty to Mitigate. In no event shall the Executive be obligated to seek other employment or take any other action by way of mitigation of the amounts payable to the Executive under any of the provisions of this Agreement and, except as provided in Section 6, and such amounts shall not be reduced whether or not the Executive obtains other employment; provided, however, that any loans, advances or other amounts owed by Executive to the Company may be offset by the Company against amounts payable to Executive under this Section 4.
Appears in 2 contracts
Samples: Stock Option Agreement (Image Entertainment Inc), Stock Option Agreement (Image Entertainment Inc)
No Duty to Mitigate. In no event shall the Executive be obligated to seek other employment or take any other action by way of mitigation of the amounts payable to the Executive under any of the provisions of this Agreement and, except as provided in Section 6contemplated by Sections 3(b) and 4(c)(iii)(B) hereof, such amounts any benefits payable to the Executive hereunder shall not be reduced whether or not the Executive obtains subject to reduction for any compensation received from other employment.
Appears in 2 contracts
Samples: Executive Agreement (Parametric Technology Corp), Executive Agreement (PTC Inc.)
No Duty to Mitigate. In no event shall the Executive be obligated to seek other employment or take any other action by way of mitigation of the amounts payable to the Executive under any of the provisions of this Agreement and, except as provided in contemplated by Section 64(b) hereof, such amounts any Severance Benefits payable to the Executive hereunder shall not be reduced whether or not the Executive obtains subject to reduction for any compensation received from other employment.
Appears in 2 contracts
Samples: Severance Agreement (Chase Corp), Severance Agreement (Chase Corp)
No Duty to Mitigate. In no event The Executive shall the Executive not be obligated to seek other employment or take any other action by way of mitigation of the amounts payable to the Executive under any of the provisions of this Agreement Agreement, and, except other than the Benefit Severance as provided defined in Section 65.1.3.(A), such amounts shall not be reduced whether or not the Executive obtains other employment.
Appears in 1 contract
No Duty to Mitigate. In no event shall the Executive be obligated to seek other employment or take any other action by way of mitigation of the amounts payable to the Executive under any of the provisions of this Agreement and, except as provided in Section 6, such amounts shall not be reduced whether or not the Executive obtains other employment.contemplated by Sections 2(c) and
Appears in 1 contract
Samples: Executive Agreement (Costa Inc)
No Duty to Mitigate. In no event shall the Executive be obligated to seek other employment or take any other action by way of mitigation of the amounts payable to the Executive under any of the provisions of this Agreement and, and except as specifically provided in Section 64(a)(iv), such amounts shall not be reduced whether or not the Executive obtains other employment.
Appears in 1 contract
No Duty to Mitigate. In no event shall the Executive be obligated to seek other employment or take any other action by way of mitigation of the amounts payable to the Executive under any of the provisions of this Agreement and, except as provided in Section 6contemplated by Sections 3(b) and 4(c)(iii)(B) hereof, such amounts any benefits payable to the Executive hereunder shall not be reduced whether or not the Executive obtains subject to reduction for any compensation received from other employment. 10.
Appears in 1 contract
Samples: Executive Agreement (PTC Inc.)
No Duty to Mitigate. In no event shall will the Executive be obligated to seek other employment or take any other action by way of mitigation of the amounts payable to the Executive under any of the provisions of this Agreement, nor will the amount of any payment under this Agreement andbe reduced, except as otherwise specifically provided in Section 6herein, such amounts shall not be reduced whether or not by any compensation earned by the Executive obtains other employmentas a result of employment by another employer.
Appears in 1 contract