Common use of No Mitigation or Offset Clause in Contracts

No Mitigation or Offset. In the event of any termination of Executive’s employment hereunder, Executive shall be under no obligation to seek other employment or otherwise mitigate the obligations of the Company under this Agreement, and there shall be no offset against amounts due Executive under this Agreement on account of amounts purportedly owing by Executive to the Company or amounts earned by Executive from any source. Any amounts due to Executive under this Agreement upon termination of employment are considered to be reasonable by the Company and are not in the nature of a penalty.

Appears in 15 contracts

Samples: Employment Agreement (MHI Hospitality CORP), Employment Agreement (Sotherly Hotels Lp), Employment Agreement (Sotherly Hotels Lp)

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No Mitigation or Offset. In the event of any termination of Executive’s employment hereunder, Executive shall be under no obligation to seek other employment or otherwise mitigate the obligations of the Company under this Agreement, and there shall be no offset against amounts due Executive under this Agreement on account of amounts purportedly owing future earnings by Executive to the Company or amounts earned by Executive from any source. Any amounts due to Executive under this Agreement upon termination of employment are considered to be reasonable by the Company and are not in the nature of a penaltyExecutive.

Appears in 14 contracts

Samples: Employment Agreement (Tesspay Inc.), Employment Agreement (Moneygram International Inc), Employment Agreement (Moneygram International Inc)

No Mitigation or Offset. In the event of At any termination of the Executive’s employment hereunderemployment, the Executive shall be under have no obligation to seek other employment or otherwise mitigate the obligations of the Company under this Agreement, and there employment. There shall be no offset against amounts due the Executive under this Agreement on account of any remuneration attributable to any later employment, consultancy, partnership, or other remunerative activity connected with the Executive. However, the Employer may offset any amounts purportedly owing owed by the Executive to the Company Employer or amounts earned by Executive from any source. Any of its subsidiaries or affiliates against amounts due to the Executive under this Agreement upon termination of employment are considered to be reasonable by the Company and are not in the nature of a penalty.Agreement

Appears in 11 contracts

Samples: Employment Agreement (FX Real Estate & Entertainment Inc.), Employment Agreement (FX Real Estate & Entertainment Inc.), Employment Agreement (FX Real Estate & Entertainment Inc.)

No Mitigation or Offset. In the event of any termination of Executive’s employment hereunder, Executive shall be under no obligation to seek other employment or otherwise mitigate the obligations of the Company under this Agreement, and there shall be no offset against amounts due to Executive under this Agreement on account of amounts purportedly owing future earnings by Executive to the Company or amounts earned by Executive from any source. Any amounts due to Executive under this Agreement upon termination of employment are considered to be reasonable by the Company and are not Executive, except as provided in the nature of a penaltySection 6.1(e) hereof.

Appears in 6 contracts

Samples: Employment Agreement (Osmotica Pharmaceuticals PLC), Employment Agreement (Osmotica Pharmaceuticals PLC), Employment Agreement (Osmotica Pharmaceuticals PLC)

No Mitigation or Offset. In the event of any termination of Executive’s employment hereunderunder this Agreement, Executive shall be under no obligation to seek other employment or otherwise mitigate the obligations of the Company under this Agreementemployment, and there shall be no offset against amounts due Executive under this Agreement on account of amounts purportedly owing by any remuneration attributable to any subsequent employment that Executive to the Company or amounts earned by Executive from any source. Any amounts due to Executive under this Agreement upon termination of employment are considered to be reasonable by the Company and are not in the nature of a penaltymay obtain.

Appears in 5 contracts

Samples: Employment Agreement (Auddia Inc.), Employment Agreement (Aclarion, Inc.), Employment Agreement (Auddia Inc.)

No Mitigation or Offset. In the event of any termination of Executive’s 's employment hereunderwith the Company, Executive shall be under no obligation to seek other employment or otherwise mitigate the obligations of the Company under this Agreement, and there shall be no offset against amounts due the Executive under this Agreement on account of amounts purportedly owing by Executive to the Company or amounts any remuneration or other benefit earned by Executive from any source. Any amounts due to Executive under this Agreement upon termination of employment are considered to be reasonable or received by the Company and are not in the nature of a penaltyExecutive after such termination.

Appears in 4 contracts

Samples: Employment Agreement (Warp Technology Holdings Inc), Employment Agreement (Warp Technology Holdings Inc), Employment Agreement (Warp Technology Holdings Inc)

No Mitigation or Offset. In the event of any termination of Executive’s employment hereunderunder this Agreement, the Executive shall be under no obligation to seek other employment or otherwise mitigate the obligations of the Company under this Agreement, and there shall be no offset against amounts due the Executive under this Agreement on account of amounts purportedly owing by Executive any remuneration attributable to any subsequent employment that he may obtain except (i) as specifically provided in Sections 5.2(iii), 6.2(iii) and 8.2(iii) of this Agreement, or (ii) on account of any claims the Company or amounts earned by Executive from any source. Any amounts due to Executive under this Agreement upon termination of employment are considered to be reasonable by may have against the Company and are not in the nature of a penaltyExecutive.

Appears in 4 contracts

Samples: Employment Agreement (Ultratech Inc), Employment Agreement (Ultratech Inc), Employment Agreement (Ultratech Inc)

No Mitigation or Offset. In the event of any termination of Executive’s employment hereunder, Executive shall be under no obligation to seek other employment or otherwise mitigate the obligations of the Company under this Agreement, and there shall be no offset against amounts due Executive under this Agreement on account of amounts purportedly owing future earnings by Executive to the Company or amounts earned by Executive from any sourceExecutive. Any amounts due to Executive under this Agreement upon termination of employment are considered to be reasonable by the Company and are not in the nature of a penalty.

Appears in 3 contracts

Samples: Employment and Non Competition Agreement (Univision Communications Inc), Employment and Non Competition Agreement (Univision Communications Inc), Employment and Non Competition Agreement (Univision Communications Inc)

No Mitigation or Offset. In the event of any Executive’s termination of Executive’s employment hereunder, Executive shall be under no obligation to seek other employment or otherwise mitigate the obligations of the Company under this Agreement, and there no benefit payable hereunder shall be no offset against amounts due Executive under this Agreement on account of amounts purportedly owing by Executive subject to the Company or amounts earned by Executive from any source. Any amounts due to Executive under this Agreement upon termination of employment are considered to be reasonable by the Company and are not in the nature of a penaltyoffset.

Appears in 2 contracts

Samples: Employment Agreement (Care Investment Trust Inc.), Employment Agreement (Care Investment Trust Inc.)

No Mitigation or Offset. In the event of any termination of Executive’s employment hereunder, Executive shall be under no obligation to seek other employment or otherwise mitigate the obligations of the Company under this Agreement, Agreement and there shall be no offset against any amounts due Executive under this Agreement on account of amounts purportedly owing by any remuneration attributable to any subsequent employment that Executive to the Company or amounts earned by Executive from any source. Any amounts due to Executive under this Agreement upon termination of employment are considered to be reasonable by the Company and are not in the nature of a penaltymay obtain.

Appears in 2 contracts

Samples: Employment Agreement (Itt Corp), Employment Agreement (Itt Industries Inc)

No Mitigation or Offset. In the event of any termination of Executive’s employment hereunderunder this Restated Agreement, the Executive shall be under no obligation to seek other employment or otherwise mitigate the obligations of the Company under this Agreement, and there shall be no offset against amounts due the Executive under this Restated Agreement on account of amounts purportedly owing by Executive any remuneration attributable to any subsequent employment that he may obtain except on account of any claims the Company or amounts earned by Executive from any source. Any amounts due to Executive under this Agreement upon termination of employment are considered to be reasonable by may have against the Company and are not in the nature of a penaltyExecutive.

Appears in 2 contracts

Samples: Employment Agreement (Ultratech Inc), Employment Agreement (Ultratech Inc)

No Mitigation or Offset. In the event of any termination of ----------------------- Executive’s 's employment hereunder, Executive shall be under no obligation to seek other employment or otherwise mitigate the obligations of the Company under this Agreement, and there shall be no offset against amounts due Executive under this Agreement on account of amounts purportedly owing by Executive to the Company or amounts earned by Executive from any source. Any amounts due to Executive under this Agreement upon termination of employment are considered to be reasonable by the Company and are not in the nature of a penalty.

Appears in 1 contract

Samples: Employment Agreement (Sunterra Corp)

No Mitigation or Offset. In the event of any termination of Executive’s 's employment hereunder, Executive shall be under no obligation to seek other employment or otherwise mitigate the obligations of the Company under this Agreement, and there shall be no offset against any amounts due Executive under this Agreement on account of amounts purportedly owing by any remuneration attributable to any subsequent employment that Executive to the Company or amounts earned by Executive from any source. Any amounts due to Executive under this Agreement upon termination of employment are considered to be reasonable by the Company and are not in the nature of a penaltymay obtain.

Appears in 1 contract

Samples: Employment Agreement (PishPosh, Inc.)

No Mitigation or Offset. In the event of any termination of Executive’s 's employment hereunder, Executive shall be under no obligation to seek other employment or otherwise mitigate the obligations of the Company under this Agreement, and there shall be no offset against amounts due to Executive under this Agreement on account of amounts purportedly owing future earnings by Executive to the Company or amounts earned by Executive from any source. Any amounts due to Executive under this Agreement upon termination of employment are considered to be reasonable by the Company and are not Executive, except as provided in the nature of a penaltySection 6.l(e) hereof.

Appears in 1 contract

Samples: Employment Agreement (Osmotica Pharmaceuticals PLC)

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No Mitigation or Offset. In the event of any termination of Executive’s employment hereunder, Executive shall be under no obligation to seek other employment or otherwise mitigate the obligations of the Company under this Agreement, and there shall be no offset against amounts due Executive under this Agreement on account of amounts purportedly owing future earnings by Executive to the Company or amounts earned by Executive from any source. Any amounts due to Executive under this Agreement upon termination of employment are considered to be reasonable by the Company and are not Executive, except as provided in the nature of a penaltySection 6.1(e) hereof.

Appears in 1 contract

Samples: Employment Agreement (Rouse Properties, Inc.)

No Mitigation or Offset. In the event of any termination of Executive’s employment hereunderwith the Company, Executive shall be under no obligation to seek other employment or otherwise mitigate the obligations of the Company under this Agreement, and there shall be no offset against amounts due the Executive under this Agreement on account of amounts purportedly owing by Executive to the Company any remuneration or amounts other benefit earned by Executive from any source. Any amounts due to Executive under this Agreement upon termination of employment are considered to be reasonable or received by the Company and are not in the nature of a penaltyExecutive after such termination.

Appears in 1 contract

Samples: Employment Agreement (Meta Group Inc)

No Mitigation or Offset. In the event of any termination of Executive’s employment hereunderunder this Agreement, the Executive shall be under no obligation to seek other employment or otherwise mitigate the obligations of the Company under this Agreement, and there shall be no offset against amounts due the Executive under this Agreement on account of amounts purportedly owing by Executive any remuneration attributable to any subsequent employment that he may obtain except on account of any claims the Company or amounts earned by Executive from any source. Any amounts due to Executive under this Agreement upon termination of employment are considered to be reasonable by may have against the Company and are not in the nature of a penaltyExecutive.

Appears in 1 contract

Samples: Employment Agreement (Ultratech Inc)

No Mitigation or Offset. In the event of any termination of the Executive’s employment hereunder, the Executive shall be under no obligation to seek other employment or otherwise mitigate the obligations of the Company under this Agreement, and there shall be no offset against amounts due to the Executive under this Agreement on account of amounts purportedly owing by Executive to the Company or amounts earned by Executive from any source. Any amounts due to Executive under this Agreement upon termination of employment are considered to be reasonable future earnings by the Company and are not in the nature of a penaltyExecutive.

Appears in 1 contract

Samples: Transition Employment and Separation Agreement (Nortek Inc)

No Mitigation or Offset. In the event of any termination of Executive’s employment hereunder, Executive shall be under no obligation to seek other employment or otherwise mitigate the obligations of the Company under this Agreement, and there shall be no offset against amounts due Executive under this Agreement on account of amounts purportedly owing future earnings by Executive to the Company or amounts earned by Executive from any source. Any amounts due to Executive under this Agreement upon termination of employment are considered to be reasonable by the Company and are not Executive, except as provided in the nature of a penaltySection 6.1(d) hereof.

Appears in 1 contract

Samples: Employment Agreement (Univision Holdings, Inc.)

No Mitigation or Offset. In the event of any termination of Executive’s employment hereunderwith the Company, Executive shall be under no obligation to seek other employment or otherwise mitigate the obligations of the Company under this Agreement, and there shall be no offset against amounts due the Executive under this Agreement on account of amounts purportedly owing by Executive to the Company or amounts any remuneration or other benefit earned by Executive from any source. Any amounts due to Executive under this Agreement upon termination of employment are considered to be reasonable or received by the Company and are not in the nature of a penaltyExecutive after such termination.

Appears in 1 contract

Samples: Employment Agreement (Warp Technology Holdings Inc)

No Mitigation or Offset. In the event of any termination of Executive’s 's employment hereunder, Executive shall be under no obligation to seek other employment or otherwise mitigate the obligations of and the Company under this Agreement, and there shall not be no entitled to offset against amounts due Executive under this Agreement on account of amounts purportedly owing by Executive to the Company or amounts earned by Executive from any source. Any amounts due to Executive under this Agreement upon termination (other than as expressly provided in Sections 2.03(a)(iv)) on account of any remuneration attributable to any subsequent employment are considered to be reasonable by that Executive may obtain or any claims the Company and are not in the nature of a penaltymay have against Executive.

Appears in 1 contract

Samples: Employment Agreement (Razorfish Inc)

No Mitigation or Offset. In the event of any termination of Executive’s 's employment hereunder, Executive shall be under no obligation to seek other employment or otherwise mitigate the obligations of the Company under this Agreement, and there shall be no offset against amounts due Executive under this Agreement on account of amounts purportedly owing future earnings by Executive to the Company or amounts earned by Executive from any source. Any amounts due to Executive under this Agreement upon termination of employment are considered to be reasonable by the Company and are not in the nature of a penaltyExecutive.

Appears in 1 contract

Samples: Employment Agreement (Comverse Technology Inc/Ny/)

No Mitigation or Offset. In the event of any termination of Executive’s employment hereunder, Executive shall be under no obligation to seek other employment or otherwise mitigate the obligations of the Company Employer under this Agreement, and there shall be no offset against amounts due Executive under this Agreement on account of amounts purportedly owing future earnings by Executive to the Company or amounts earned by Executive from any source. Any amounts due to Executive under this Agreement upon termination of employment are considered to be reasonable by the Company and are not in the nature of a penaltyExecutive.

Appears in 1 contract

Samples: Employment Agreement (CPG Newco LLC)

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