Common use of No Mitigation; No Set-Off Clause in Contracts

No Mitigation; No Set-Off. In the event of any termination of employment hereunder, Executive shall be under no obligation to seek other employment and there shall be no offset against any amounts due Executive under this Agreement on account of any remuneration attributable to any subsequent employment that Executive may obtain. The amounts payable hereunder shall not be subject to setoff, counterclaim, recoupment, defense or other right which the Company may have against the Executive or others, except upon obtaining by the Company of a final unappealable judgment against Executive.

Appears in 19 contracts

Samples: Employment Agreement (Priceline Com Inc), Employment Agreement (Priceline Com Inc), Employment Agreement (Priceline Com Inc)

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No Mitigation; No Set-Off. In the event of any termination of employment hereunder, Executive shall be under no obligation to seek other employment employment, and there shall be no offset against any amounts due Executive under this Agreement on account of any remuneration attributable to any subsequent employment that Executive may obtain. The amounts payable hereunder shall not be subject to setoff, counterclaim, recoupment, defense or other right which the Company may have against the Executive or others, except upon obtaining by the Company of a final unappealable non-appealable judgment against Executive.

Appears in 13 contracts

Samples: Employment Agreement (Waste Management Inc), Employment Agreement (Waste Management Inc), Employment Agreement (Waste Management Inc)

No Mitigation; No Set-Off. In the event of any termination of employment hereunder, Executive shall be under no obligation to seek other employment and there shall be no offset against any amounts due Executive under this Agreement on account of any remuneration attributable to any subsequent employment that Executive may obtain. The amounts payable hereunder shall not be subject to setoff, counterclaim, recoupment, defense or other right right, which the Company may have against the Executive or others, except upon obtaining by the Company of a final unappealable judgment against Executive.

Appears in 10 contracts

Samples: Employment Agreement (Tesoro Logistics Lp), Employment Agreement (Tesoro Petroleum Corp /New/), Employment Agreement (Tesoro Corp /New/)

No Mitigation; No Set-Off. In the event of any termination of employment hereunderwithout Cause or resignation for Good Reason, the Executive shall be under no obligation to seek other employment and there shall be no offset against any amounts amount due to Executive under this Agreement on account of any remuneration attributable to subsequent renumeration received from any subsequent employment that Executive may obtainemployer. The No amounts payable hereunder shall not be subject to setoff, counterclaim, any setoff or recoupment, defense or other right which the Company may have against the Executive or others, except upon obtaining by the Company of a final unappealable judgment against Executive.

Appears in 7 contracts

Samples: Employment Agreement (Definitive Healthcare Corp.), Employment Agreement (Definitive Healthcare Corp.), Employment Agreement (Definitive Healthcare Corp.)

No Mitigation; No Set-Off. In the event of any termination of employment hereunder, Executive shall be under no obligation to seek other employment and there shall be no offset against any amounts due Executive under this Agreement on account of any remuneration attributable to any subsequent employment that Executive may obtain. The amounts payable hereunder shall not be subject to setoff, counterclaim, recoupment, defense or other right which the Company may have against the Executive or others, except upon obtaining by the Company of a final unappealable judgment against Executive.

Appears in 4 contracts

Samples: Employment Agreement (Sysorex Global Holdings Corp.), Employment Agreement (Orbit International Corp), Employment Agreement (Pf Net Communications Inc)

No Mitigation; No Set-Off. In the event of any termination of employment hereunder, Executive shall be under no obligation to seek other employment and there shall be no offset against any amounts due Executive under this Agreement on account of any remuneration attributable to any subsequent employment that Executive may obtain. The amounts payable hereunder shall not be subject to setoff, counterclaim, recoupment, defense or other right which the Company may have against the Executive or others, except upon obtaining by the Company of a final unappealable non-appealable judgment against Executive.

Appears in 3 contracts

Samples: Employment Agreement (Waste Management Inc), Employment Agreement (Waste Management Inc), Employment Agreement (Waste Management Inc)

No Mitigation; No Set-Off. In the event of any termination of ------------------------- employment hereunder, Executive shall be under no obligation to seek other employment and there shall be no offset against any amounts due Executive under this Agreement on account of any remuneration attributable to any subsequent employment that Executive may obtain. The amounts payable hereunder shall not be subject to setoff, counterclaim, recoupment, defense or other right which the Company may have against the Executive or others, except upon obtaining by the Company of a final unappealable judgment against Executive17.

Appears in 3 contracts

Samples: Employment Agreement Employment Agreement (Orbit International Corp), Employment Agreement Employment Agreement (Orbit International Corp), Employment Agreement Employment Agreement (Orbit International Corp)

No Mitigation; No Set-Off. In the event of any termination of employment hereunder, Executive shall be under no obligation to seek other employment and there shall be no offset against any amounts due Executive under this Agreement on account of any remuneration attributable to any subsequent employment that Executive may obtain. The amounts payable hereunder shall not be subject to setoff, counterclaim, recoupment, defense or other right which the Company may have against the Executive or others, except upon the Company’s obtaining by the Company of a final unappealable judgment against Executive.

Appears in 3 contracts

Samples: Employment Agreement (Priceline Group Inc.), Employment Agreement (Priceline Com Inc), Employment Agreement (Priceline Com Inc)

No Mitigation; No Set-Off. In the event of any termination of employment hereunder, Executive shall be under no obligation to seek other employment and and, except as otherwise provided in Section 6(e)(iv), there shall be no offset against any amounts due Executive under this Agreement on account of any remuneration attributable to any subsequent employment that Executive may obtain. The Except as otherwise provided in Section 6(e)(iv), the amounts payable hereunder shall not be subject to setoff, counterclaim, recoupment, defense or other right right, which the Company may have against the Executive or others, except upon obtaining by the Company of a final unappealable judgment against Executive.

Appears in 2 contracts

Samples: Employment Agreement (Tesoro Logistics Lp), Employment Agreement (Tesoro Corp /New/)

No Mitigation; No Set-Off. In the event of any termination of employment hereunder, Executive shall be under no obligation to seek other employment and there shall be no offset against any amounts due Executive under this Agreement on account of any remuneration attributable to any subsequent employment that Executive may obtain. The amounts payable hereunder shall not be subject to setoff, counterclaim, recoupment, defense or other right which the Company may have against the Executive or others, except upon obtaining by the Company of a final unappealable judgment against Executive.

Appears in 2 contracts

Samples: Employment Agreement (Priceline Com Inc), Employment Agreement (Priceline Com Inc)

No Mitigation; No Set-Off. (a) In the event of any termination of employment hereunder, the Executive shall be under no obligation to seek other employment and there shall be no offset against any amounts due the Executive under this Agreement on account of any remuneration attributable to any subsequent employment that the Executive may obtain. The amounts payable hereunder shall not be subject to setoff, counterclaim, recoupment, defense or other right which the Company may have against the Executive or others, except upon obtaining by the Company of a final unappealable judgment against Executive.

Appears in 2 contracts

Samples: Change in Control Agreement (Atrion Corp), Change in Control Agreement (Atrion Corp)

No Mitigation; No Set-Off. In the event of any termination of employment hereunder, Executive shall be under no obligation to seek other employment and employment, and, except as otherwise provided in Section 6(e)(iv), there shall be no offset against any amounts due Executive under this Agreement on account of any remuneration attributable to any subsequent employment that Executive may obtain. The amounts payable hereunder shall not be subject to setoff, counterclaim, recoupment, defense or other right which that the Company may have against the Executive or others, except upon obtaining by the Company of a final unappealable non-appealable judgment against Executive.

Appears in 2 contracts

Samples: Employment Agreement (Waste Management Inc), Employment Agreement

No Mitigation; No Set-Off. In the event of any termination of employment hereunder------------------------- employment, the Executive shall be under no obligation to seek other employment and there shall be no offset against any amounts due Executive him under this the Agreement on account of any remuneration attributable to any subsequent employment that Executive he may obtain. The amounts payable hereunder shall not be subject to setoff, counterclaim, recoupment, defense obtain or other right which any claims the Company may have against the Executive or others, except upon obtaining by the Company of a final unappealable judgment against Executivehim.

Appears in 1 contract

Samples: Executive Employment Agreement (Pacific Gateway Exchange Inc)

No Mitigation; No Set-Off. In the event of any termination of employment hereunder, Executive shall be under no obligation to seek other employment and employment, and, except as otherwise provided in section 6(e)(iv), there shall be no offset against any amounts due Executive under this Agreement on account of any remuneration attributable to any subsequent employment that Executive may obtain. The amounts payable hereunder shall not be subject to setoff, counterclaim, recoupment, defense or other right which that the Company may have against the Executive or others, except upon obtaining by the Company of a final unappealable non-appealable judgment against Executive.

Appears in 1 contract

Samples: Employment Agreement (Waste Management Inc)

No Mitigation; No Set-Off. (a) In the event of any termination of employment hereunder, Executive shall be under no obligation to seek other employment and there shall be no offset against any amounts due Executive under this Agreement on account of any remuneration attributable to any subsequent employment that Executive may obtain. The amounts payable hereunder shall not be subject to setoff, counterclaim, recoupment, defense or other right which the Company may have against the Executive or others, except upon obtaining by the Company of a final unappealable judgment against Executive.

Appears in 1 contract

Samples: Change in Control Agreement (Atrion Corp)

No Mitigation; No Set-Off. In the event of any termination of employment hereunder, Executive shall be under no obligation to seek other employment and there shall be no offset against any amounts due Executive under this Agreement on account of any remuneration attributable to any subsequent employment that Executive may obtain. The amounts payable hereunder shall not be subject to setoff, counterclaim, recoupment, defense or other right which the Company may have against the Executive or others, except upon the Company’s obtaining by the Company of a final unappealable judgment against Executive.

Appears in 1 contract

Samples: Employment Agreement (Priceline Com Inc)

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No Mitigation; No Set-Off. (a) In the event of any termination of employment hereunderunder Section 8, Executive shall be under no obligation to seek other employment and there shall be no offset against any amounts due Executive under this Agreement on account of any remuneration attributable to any subsequent employment that Executive may obtain. The amounts payable hereunder shall not be subject to setoff, counterclaim, recoupment, defense or other right which the Company may have against the Executive or others, except upon obtaining by the Company of a final unappealable judgment against Executive.remuneration

Appears in 1 contract

Samples: Employment Agreement (Eventures Group Inc)

No Mitigation; No Set-Off. In the event of any termination of employment hereunder, Executive shall be under no obligation to seek other employment and there shall be no offset against any amounts due Executive under this Agreement on account of any remuneration attributable to any subsequent employment that Executive may obtain. The Company's obligation to pay Executive the amounts payable provided and to make the arrangement provided hereunder shall not be subject to setoffset-off, counterclaim, recoupment, defense counterclaim or other right which recoupment except for any amounts the Executive owes to the Company may have against the Executive or others, except upon obtaining by the Company of a final unappealable judgment against Executiveunder any promissory note.

Appears in 1 contract

Samples: Executive Employment Agreement (Pegasystems Inc)

No Mitigation; No Set-Off. In the event of any termination of employment hereunder, the Executive shall be under no obligation to seek other employment and there shall be no offset against any amounts due the Executive under this Agreement on account of any remuneration attributable to any subsequent employment that the Executive may obtain. The amounts payable hereunder shall not be subject to setoff, counterclaim, recoupment, defense or other right which the Company may have against the Executive or others, except upon obtaining by the Company of a final unappealable judgment against Executive.

Appears in 1 contract

Samples: Employment Agreement (Andover Medical, Inc.)

No Mitigation; No Set-Off. In the event of any termination of employment hereunder, the Executive shall be under no obligation to seek other employment and there shall be no offset against any amounts due to the Executive under this Agreement on account of any remuneration attributable to any subsequent employment that Executive may obtain. The amounts payable hereunder shall not be subject to setoff, counterclaim, recoupment, defense or other right which the Company may have against the Executive or others, except upon obtaining by the Company of a final unappealable judgment against Executive.

Appears in 1 contract

Samples: Executive Employment Agreement (Frequency Therapeutics, Inc.)

No Mitigation; No Set-Off. In the event of any termination of employment hereunder, Executive shall be under no obligation to seek other employment and there shall be no offset against any amounts due Executive under this Agreement on account of any remuneration attributable to any subsequent employment that Executive may obtain; provided that Executive delivers to the Company a full release, on the Company's standard separation and release form for executives, of the Company and its officers and directors of all obligations under this Agreement. The amounts payable hereunder shall not be subject to setoff, counterclaim, recoupment, defense or other right which the Company may have against the Executive or others, except upon obtaining by the Company of a final unappealable judgment against Executive.

Appears in 1 contract

Samples: Employment Agreement (Ocwen Financial Corp)

No Mitigation; No Set-Off. In the event of any termination of employment hereunder, Executive shall be under no obligation to seek other employment employment, and there shall be no offset against any amounts due Executive under this Agreement on account of any remuneration attributable to any subsequent employment that Executive may obtain. The amounts payable hereunder shall not be subject to setoff, counterclaim, recoupment, defense or other right which the Company may have against the Executive or others, except upon obtaining by the Company of a final unappealable non-appealable judgment against Executive.

Appears in 1 contract

Samples: Employment Agreement (Waste Management Inc)

No Mitigation; No Set-Off. In the event of any termination of employment hereunder, Executive shall be under no obligation to seek other employment and there shall be no offset against any amounts due Executive under this Agreement on account of any remuneration attributable to any subsequent employment that Executive may obtain. The amounts payable hereunder shall not be subject to setoff, counterclaim, recoupment, defense or other right which the Company may have against the Executive or others, except upon obtaining by the Company of a final unappealable non-appealable judgment against Executive.

Appears in 1 contract

Samples: Employment Agreement (Priceline Com Inc)

No Mitigation; No Set-Off. In the event of any termination of employment hereunder, Executive shall be under no obligation to seek other employment and and, except as otherwise provided in Section 6(e)(iv), there shall be no offset against any amounts due Executive under this Agreement on account of any remuneration attributable to any subsequent employment that Executive may obtain. The Except as otherwise provided in Section 6(e)(iv), the amounts payable hereunder shall not be subject to setoff, counterclaim, recoupment, defense or other right right, which the Company may have against the Executive or others, except upon obtaining by the Company of a final unappealable judgment against Executive.

Appears in 1 contract

Samples: Employment Agreement (Tesoro Corp /New/)

No Mitigation; No Set-Off. In the event of any termination of employment hereunderthe Executive's employment, Executive he shall be under no obligation to seek other employment or take any other action by way of mitigation of the amounts payable, or benefits provided, to the Executive under any of the provisions of this Agreement, and there shall be no offset against any amounts or benefits due to the Executive under this Agreement on account of any remuneration or benefits attributable to any subsequent employment with an unrelated person that the Executive may obtain. The amounts payable hereunder shall not be subject to setoff, counterclaim, recoupment, defense or other right which the Company may have against the Executive or others, except upon obtaining by the Company of a final unappealable judgment against Executive.

Appears in 1 contract

Samples: Employment Agreement (Standard Parking Corp)

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