Common use of No Mitigation; No Offset Clause in Contracts

No Mitigation; No Offset. The Company’s obligation to make the payments provided for in this Agreement and otherwise to perform its obligations hereunder shall not be affected by any set-off, counterclaim, recoupment, defense or other claim, right or action which the Company may have against the Executive or others. 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, such amounts shall not be reduced whether or not the Executive obtains other employment.

Appears in 18 contracts

Samples: Employment Agreement (Capital Bank Financial Corp.), Employment Agreement (NMI Holdings, Inc.), Agreement (Capital Bank Financial Corp.)

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No Mitigation; No Offset. The Executive shall not be required to seek other employment or otherwise mitigate the amount of any payments to be made by the Company pursuant to this Agreement. The payments provided pursuant to this Agreement shall not be reduced by any compensation earned by the Executive as the result of employment by another employer after the Date of Termination or otherwise. The Company’s obligation to make the payments provided for in this Agreement and otherwise to perform its obligations hereunder shall not be affected by any set-off, counterclaim, recoupment, defense or other claim, right or action which the Company may have against the Executive or others. 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, such amounts shall not be reduced whether or not the Executive obtains other employment.

Appears in 16 contracts

Samples: Employment Agreement (Alphabet Holding Company, Inc.), Indemnification Agreement (Nbty Inc), Employment Agreement (Nbty Inc)

No Mitigation; No Offset. The Company’s obligation to make the payments provided for in this Agreement and otherwise to perform its obligations hereunder shall not be affected by any set-off, counterclaim, recoupment, defense or other claim, right or action which that the Company may have against the Executive or others. 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, and such amounts shall not be reduced whether or not the Executive obtains other employment.

Appears in 6 contracts

Samples: Employment Agreement (First Horizon National Corp), Employment Agreement (Capital Bank Financial Corp.), Employment Agreement (Smith Midland Corp)

No Mitigation; No Offset. The Company’s obligation to make the payments provided for in this Agreement and otherwise to perform its obligations hereunder shall not be affected by any set-off, counterclaim, recoupment, defense or other claim, right or action which that the Company may have against the Executive or others. 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 such amounts shall not be reduced whether or not the Executive obtains other employment.

Appears in 2 contracts

Samples: Change in Control Continuity Agreement (United Community Banks Inc), Change in Control Continuity Agreement (United Community Banks Inc)

No Mitigation; No Offset. The Company’s obligation to make the payments provided for in this Agreement and otherwise to perform its obligations hereunder shall not be affected by any set-off, counterclaim, recoupment, defense or other claim, right or action which that the Company may have against the Executive or others. 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, and such amounts shall not be reduced whether or not the Executive obtains other employment.

Appears in 1 contract

Samples: Employment Agreement (United Community Banks Inc)

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No Mitigation; No Offset. The Company’s obligation to make the payments provided for in this Agreement and otherwise to perform its obligations hereunder shall not be affected by any set-off, counterclaim, recoupment, defense defense, or other claim, right right, or action which that the Company may have against the Executive or others. 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 such amounts shall not be reduced whether or not the Executive obtains other employment.

Appears in 1 contract

Samples: Employment Agreement (National Bank Holdings Corp)

No Mitigation; No Offset. The Company’s 's obligation to make the payments provided for in this Agreement and otherwise to perform its obligations hereunder shall not be affected by any set-off, counterclaim, recoupment, defense or other claim, right or action which the Company may have against the Executive or others. 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, such amounts shall not be reduced whether or not the Executive obtains other employment.

Appears in 1 contract

Samples: Employment Agreement (NMI Holdings, Inc.)

No Mitigation; No Offset. The Except as set forth in this Agreement, the Company’s obligation to make the payments provided for in this Agreement and otherwise to perform its obligations hereunder shall not be affected by any circumstances, including without limitation, set-off, counterclaim, recoupment, defense or other claim, right or action which the Company may have against the Executive or others. In no event shall the Executive be obligated obliged 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, such amounts nor shall not the amount of any payment thereunder 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

Samples: Employment Agreement (Northrop Grumman Corp /De/)

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