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

No Mitigation; No Set-Off. In the event of any termination of the Executive’s employment, 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. The Company’s obligation to make the payments, and provide the benefits, provided for in this Agreement and otherwise to perform its obligations hereunder shall not be affected by (i) any set-off, counterclaim, recoupment, defense or other claim, right or action that the Company may have against the Executive or others, or (ii) except as provided in Section 5.2(a)(B), any remuneration or benefits attributable to any subsequent employment with an unrelated person, or any self-employment, that the Executive may obtain. Any amounts due under Section 5.2 are considered reasonable by the Company and are not in the nature of a penalty.

Appears in 3 contracts

Samples: Employment Agreement (Keane Group, Inc.), Employment Agreement (Keane Group, Inc.), Employment Agreement (Keane Group, Inc.)

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No Mitigation; No Set-Off. In the event of any termination of the Executive’s employment, 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. The Company’s obligation to make the payments, and provide the benefits, provided for in this Agreement and otherwise to perform its obligations hereunder shall not be affected by (i) any set-off, counterclaim, recoupment, defense or other claim, right or action that the Company may have against the Executive or others, or (ii) except as provided in Section 5.2(a)(B5.2(a)(C), any remuneration or benefits attributable to any subsequent employment with an unrelated person, or any self-employment, that the Executive may obtain. Any amounts due under Section 5.2 are considered reasonable by the Company and are not in the nature of a penalty.

Appears in 2 contracts

Samples: Employment Agreement (Keane Group, Inc.), Employment Agreement (Keane Group, Inc.)

No Mitigation; No Set-Off. In the event of any termination of the Executive’s employment, 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. The Company’s obligation to make the payments, and provide the benefits, provided for in this Agreement and otherwise to perform its obligations hereunder shall not be affected by (ia) any set-off, counterclaim, recoupment, defense or other claim, right or action that the Company may have against the Executive or others, or (iib) except as provided in Section 5.2(a)(B), any remuneration or benefits attributable to any subsequent employment with an unrelated person, or any self-employment, that the Executive may obtain. Any amounts due under Section 5.2 5 are considered reasonable by the Company and are not in the nature of a penalty.

Appears in 1 contract

Samples: Employment Agreement (Miller Herman Inc)

No Mitigation; No Set-Off. In the event of any termination of the Executive’s employment, 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. The Company’s obligation to make the payments, and provide the benefits, provided for in this Agreement and otherwise to perform its obligations hereunder shall not be affected by (ia) any set-off, counterclaim, recoupment, defense or other claim, right or action that the Company may have against the Executive or othersexcept pursuant to Sections 8 and 26, or (iib) except as provided in Section 5.2(a)(B), any remuneration or benefits attributable to any subsequent employment with an unrelated person, or any self-employment, that the Executive may obtain. Any amounts due under Section 5.2 5 are considered reasonable by the Company and are not in the nature of a penalty.

Appears in 1 contract

Samples: Employment Agreement (TRUEYOU.COM)

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No Mitigation; No Set-Off. In the event of any termination of the Executive’s 's employment, 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. The Company’s 's obligation to make the payments, and provide the benefits, provided for in this Agreement and otherwise to perform its obligations hereunder shall not be affected by (ia) any set-off, counterclaim, recoupment, defense or other claim, right or action that the Company may have against the Executive or others, or (iib) except as provided in Section 5.2(a)(B), any remuneration or benefits attributable to any subsequent employment with an unrelated person, or any self-employment, that the Executive may obtain. Any amounts due under Section 5.2 5 are considered reasonable by the Company and are not in the nature of a penalty.

Appears in 1 contract

Samples: Employment Agreement (Miller Herman Inc)

No Mitigation; No Set-Off. In the event of any termination of the Executive’s employment, 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. The Company’s obligation to make the payments, and provide the benefits, provided for in this Agreement and otherwise to perform its obligations hereunder shall not be affected by (ia) any set-off, counterclaim, recoupment, defense or other claim, right or action that the Company may have against the Executive or othersexcept pursuant to Section 8, or (iib) except as provided in Section 5.2(a)(B), any remuneration or benefits attributable to any subsequent employment with an unrelated person, or any self-employment, that the Executive may obtain. Any amounts due under Section 5.2 5 are considered reasonable by the Company and are not in the nature of a penalty.

Appears in 1 contract

Samples: Employment Agreement (Halcyon Jets Holdings, Inc.)

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