Common use of No Mitigation Clause in Contracts

No Mitigation. If the Executive’s employment with the Company terminates following a Change in Control, the Executive is not required to seek other employment or to attempt in any way to reduce any amounts payable to the Executive by the Company pursuant to Section 3 or Section 15. Except as set forth in Section 4, the amount of any payment or benefit provided for in this Agreement shall not be reduced by any compensation earned by the Executive as the result of employment by another employer, by retirement benefits, by offset against any amount claimed to be owed by the Executive to the Company, or otherwise.

Appears in 38 contracts

Samples: Severance Agreement (Immunogen Inc), Severance Agreement (Immunogen Inc), Change in Control Severance Agreement (WESTMORELAND COAL Co)

AutoNDA by SimpleDocs

No Mitigation. If The Company agrees that, if the Executive’s employment with by the Company terminates following a Change in Controlis terminated during the term of this Agreement, the Executive is not required to seek other employment or to attempt in any way to reduce any amounts payable to the Executive by the Company pursuant to Section 3 or Section 15Article III. Except as set forth in Section 4Further, the amount of any payment or benefit provided for in this Agreement shall Article III (other than Section 3.02(d)) will not be reduced by any compensation earned by the Executive as the result of employment by another employer, by retirement benefits, by offset against any amount claimed to be owed by the Executive to the Company, or otherwise.

Appears in 14 contracts

Samples: Change in Control Severance Agreement (Zimmer Biomet Holdings, Inc.), Change in Control Severance Agreement (Zimmer Holdings Inc), Change in Control Severance Agreement (Zimmer Holdings Inc)

No Mitigation. If The Company agrees that, if the Executive’s employment with by the Company terminates following a Change in Controlis terminated during the term of this Agreement, the Executive is not required to seek other employment or to attempt in any way to reduce any amounts payable to the Executive by the Company pursuant to Section 3 or Section 15Article III. Except as set forth in Section 4Further, the amount of any payment or benefit provided for in this Agreement shall Article III (other than Section 3.02(e)) will not be reduced by any compensation earned by the Executive as the result of employment by another employer, by retirement benefits, by offset against any amount claimed to be owed by the Executive to the Company, or otherwise.

Appears in 11 contracts

Samples: Change in Control Severance Agreement (Zimmer Holdings Inc), Change in Control Severance Agreement (Zimmer Holdings Inc), Change in Control Severance Agreement (Zimmer Holdings Inc)

No Mitigation. If the Executive’s employment with the Company terminates following a Change in Control, the Executive is not required to seek other employment or to attempt in any way to reduce any amounts payable to the Executive by the Company pursuant to Section 3 6 or Section 157.4. Except as set forth in Section 46.1(B), the amount of any payment or benefit provided for in this Agreement shall not be reduced by any compensation earned by the Executive as the result of employment by another employer, by retirement benefits, by offset against any amount claimed to be owed by the Executive to the Company, or otherwise.

Appears in 11 contracts

Samples: Change in Control Severance Agreement (New England Business Service Inc), Change in Control Severance Agreement (Mercury Computer Systems Inc), Change in Control Severance Agreement (Emc Corp)

No Mitigation. If the Executive’s 's employment with by the Company terminates following a Change in Controlis terminated during the term of this Agreement, the Executive is not required to seek other employment or to attempt in any way to reduce any amounts payable to the Executive by the Company pursuant to Section 3 or Section 153. Except as set forth in Section 4Further, the amount of any payment or benefit provided for in this Agreement Section 3 shall not be reduced by any compensation earned by the Executive as the result of employment by another employer, by retirement benefits, by offset against any amount claimed to be owed by the Executive to the Company, or otherwise.

Appears in 10 contracts

Samples: Change in Control Agreement (Aspen Technology Inc /Ma/), Change in Control Agreement (Aspen Technology Inc /Ma/), Change in Control Agreement (Aspen Technology Inc /De/)

No Mitigation. If the Executive’s 's employment with the Company terminates following a Change in Control, the Executive is not required to seek other employment or to attempt in any way to reduce any amounts payable to the Executive by the Company pursuant to Section 3 6, 7.4, 9.1 or Section 159.2. Except as set forth in Section 4Further, the amount of any payment or benefit provided for in this Agreement shall not be reduced by any compensation earned by the Executive as the result of employment by another employer, by retirement benefits, by offset against any amount claimed to be owed by the Executive to the Company, or otherwise.

Appears in 5 contracts

Samples: Severance Agreement (Gsi Lumonics Inc), Severance Agreement (Gsi Lumonics Inc), Severance Agreement (Gsi Lumonics Inc)

No Mitigation. If the Executive’s 's employment with the Company terminates following a Change in Control, the Executive is not required to seek other employment or to attempt in any way to reduce any amounts payable to the Executive by the Company pursuant to Section 3 6 or Section 157.4. Except as set forth in Section 46.1(B), the amount of any payment or benefit provided for in this Agreement shall not be reduced by any compensation earned by the Executive as the result of employment by another employer, by retirement benefits, by offset against any amount claimed to be owed by the Executive to the Company, or otherwise.

Appears in 4 contracts

Samples: Change in Control Severance Agreement (Emc Corp), Change in Control Severance Agreement (Emc Corp), Change in Control Severance Agreement (Emc Corp)

No Mitigation. If the Upon termination of Executive’s employment with the Company terminates following (i) without Cause, (ii) for Good Reason, or (iii) in any case after a Change in Control, the Executive is shall not be required to seek other employment or mitigate damages with respect to attempt in any way to reduce any amounts payable to the Executive by the Company pursuant to Section 3 or Section 15. Except as set forth in Section 4, the amount of any payment or benefit provided for in under this Agreement by seeking other employment or otherwise, nor shall not the amount of any payment provided under this Agreement be reduced by retirement benefits, deferred compensation or any compensation earned by the Executive as the a result of employment by another employer, by retirement benefits, by offset against any amount claimed to be owed by the Executive to the Company, or otherwise.

Appears in 3 contracts

Samples: Executive Employment Agreement (Environmental Tectonics Corp), Executive Employment Agreement (Environmental Tectonics Corp), Executive Employment Agreement (American Access Technologies Inc)

No Mitigation. If the Executive’s 's employment with the Company terminates following a Change in Control, the Executive is not required to seek other employment or to attempt in any way to reduce any amounts payable to the Executive by the Company pursuant to Section 3 6 or Section 157.4. Except as set forth in Section 46.1(B), the amount of any payment or benefit provided for or referenced in this Agreement shall not be reduced by any compensation earned by the Executive as the result of employment by another employer, by retirement benefits, by offset against any amount claimed to be owed by the Executive to the Company, or otherwise.

Appears in 2 contracts

Samples: Change in Control Severance Agreement (Itron Inc /Wa/), Control Severance Agreement for Executive Officers (Itron Inc /Wa/)

No Mitigation. If The Company agrees that, if the Executive’s 's employment with by the Company terminates following a Change in Controlis terminated during the term of this Agreement, the Executive is not required to seek other employment or to attempt in any way to reduce any amounts payable to the Executive by the Company pursuant to Section 3 or Section 15Article III. Except as set forth in Section 4Further, the amount of any payment or benefit provided for in this Agreement shall Article III (other than Section 3.02(e)) will not be reduced by any compensation earned by the Executive as the result of employment by another employer, by retirement benefits, by offset against any amount claimed to be owed by the Executive to the Company, or otherwise.

Appears in 2 contracts

Samples: Change in Control Severance Agreement (Zimmer Holdings Inc), Change in Control Severance Agreement (Zimmer Holdings Inc)

No Mitigation. If the Executive’s 's employment with by the Company terminates following a Change in Controlis terminated during the term of this Agreement, the Executive is not required to seek other employment or to attempt in any way to reduce any amounts payable to the Executive by the Company pursuant to Section 3 or Section 153. Except as set forth in Section 4Further, the amount of any payment or benefit provided for in this Agreement Section 3 shall not be reduced by any compensation earned by the Executive as the result of employment by another employer, by retirement benefits, by offset against any amount mount claimed to be owed by the Executive to the Company, or otherwise.

Appears in 2 contracts

Samples: Change in Control Agreement, Change in Control Agreement (Aspen Technology Inc /De/)

No Mitigation. If the Executive’s 's employment with the Company ------------- terminates following a Change in Control, the Executive is not required to seek other employment or to attempt in any way to reduce any amounts payable to the Executive by the Company pursuant to Section 3 6 or Section 157.4. Except as set forth in Section 46.1(B), the amount of any payment or benefit provided for in this Agreement shall not be reduced by any compensation earned by the Executive as the result of employment by another employer, by retirement benefits, by offset against any amount claimed to be owed by the Executive to the Company, or otherwise.

Appears in 2 contracts

Samples: Change in Control Severance Agreement (New England Business Service Inc), Change In (New England Business Service Inc)

No Mitigation. If the Executive’s employment with the Company Employer terminates following a Change in Control, the Executive is not required to seek other employment or to attempt in any way to reduce any amounts payable to the Executive by the Company pursuant to Section 3 6 or Section 157.4. Except as set forth in Section 46.1(B), the amount of any payment or benefit provided for in this Agreement shall not be reduced by any compensation earned by the Executive as the result of employment by another employer, by retirement benefits, by offset against any amount claimed to be owed by the Executive to the CompanyCompany or the Employer, or otherwise.

Appears in 2 contracts

Samples: Change in Control Severance Agreement (Pivotal Software, Inc.), Change in Control Severance Agreement (Pivotal Software, Inc.)

AutoNDA by SimpleDocs

No Mitigation. If the Executive’s 's employment with the Company ------------- terminates following a Change in Control, the Executive is not required to seek other employment or to attempt in any way to reduce any amounts payable to the Executive by the Company pursuant to Section 3 6, 7.4, 9.1 or Section 159.2. Except as set forth in Section 4Further, the amount of any payment or benefit provided for in this Agreement shall not be reduced by any compensation earned by the Executive as the result of employment by another employer, by retirement benefits, by offset against any amount claimed to be owed by the Executive to the Company, or otherwise.

Appears in 2 contracts

Samples: Severance Agreement (Gsi Lumonics Inc), Severance Agreement (Gsi Lumonics Inc)

No Mitigation. If the Executive’s 's employment with the Company terminates following a Change in Control, the Executive is not required to seek other employment or to attempt in any Executive Severance Agreement rev2015 (24) way to reduce any amounts payable to the Executive by the Company pursuant to Section 3 or Section 15. Except as set forth in Section 4, the amount of any payment or benefit provided for in this Agreement shall not be reduced by any compensation earned by the Executive as the result of employment by another employer, by retirement benefits, by offset against any amount claimed to be owed by the Executive to the Company, or otherwise.

Appears in 1 contract

Samples: Change in Control Severance Agreement (Immunogen Inc)

No Mitigation. If the Executive’s employment with the Company terminates following a Change in Control, the Executive is not required to seek other employment or to attempt in any way to reduce any amounts payable to the Executive by the Company pursuant to Section 3 or Section 1514. Except as set forth in Section 4, the amount of any payment or benefit provided for in this Agreement shall not be reduced by any compensation earned by the Executive as the result of employment by another employer, by retirement benefits, by offset against any amount claimed to be owed by the Executive to the Company, or otherwise.

Appears in 1 contract

Samples: Severance Agreement (Genspera Inc)

No Mitigation. If the Executive’s 's employment with the Company terminates following a Change in Control, the Executive is not required to seek other employment or to attempt in any way to reduce any amounts payable to the Executive by the Company pursuant to Section 3 6 or Section 157.4. Except as set forth in Section 4Further, the amount of any payment or benefit provided for in this Agreement shall not be reduced by any compensation earned by the Executive as the result of employment by another employer, by retirement benefits, by offset against any amount claimed to be owed by the Executive to the Company, or otherwise.

Appears in 1 contract

Samples: Control Agreement (Manufacturers Services LTD)

No Mitigation. If the Executive’s employment with the Company terminates following a Change in Control, the Executive is not required to seek other employment or to attempt in any way to reduce any amounts payable to the Executive by the Company pursuant to Section 3 5 or Section 156.4. Except as set forth in Section 45.1(B), the amount of any payment or benefit provided for or referenced in this Agreement shall not be reduced by any compensation earned by the Executive as the result of employment by another employer, by retirement benefits, by offset against any amount claimed to be owed by the Executive to the Company, or otherwise.

Appears in 1 contract

Samples: Change in Control Severance Agreement (Itron, Inc.)

No Mitigation. If the Executive’s 's employment with the Company terminates following a Change in Control, the Executive is not required to seek other employment or to attempt in any way to reduce any amounts payable to the Executive by the Company pursuant to Section 3 or Section 156. Except as set forth in Section 4, the The amount of any payment or benefit provided for in this Agreement shall not be reduced by any compensation earned by the Executive as the result of employment by another employer, by retirement benefits, by offset against any amount claimed to be owed by the Executive to the Company, or otherwise.

Appears in 1 contract

Samples: Control Severance Agreement (Axcelis Technologies Inc)

No Mitigation. If In the event of the termination of Executive’s 's employment with during the Company terminates following a Change in ControlTerm, the Executive is shall not be required to seek other employment or to attempt in any way to reduce any amounts payable to the Executive by the Company Employer pursuant to Section 3 or Section 153. Except as set forth in Section 4Further, the amount of any payment or benefit provided for in this Agreement (other than under Section 3.1(B)) shall not be reduced by any compensation earned by the Executive as the result of employment by another employer, by retirement benefits, by offset against any amount claimed to be owed by the Executive to the CompanyEmployer, or otherwise.

Appears in 1 contract

Samples: Severance Agreement (Pacific Enterprises Inc)

No Mitigation. If the Executive’s 's employment with the Company terminates following a Change in Control, the Executive is not required to seek other employment or to attempt in any way to reduce any amounts payable to the Executive by the Company pursuant to Section 3 or Section 15. Except as set forth in Section 4, the amount of any payment or benefit provided for in this Agreement shall not be reduced by any compensation earned by the Executive as the result of employment by another employer, by retirement benefits, by offset against any amount claimed to be owed by the Executive to the Company, or otherwise.

Appears in 1 contract

Samples: Change in Control Severance Agreement (Immunogen Inc)

Time is Money Join Law Insider Premium to draft better contracts faster.