Common use of No Obligation to Mitigate Clause in Contracts

No Obligation to Mitigate. Executive shall not be required to mitigate the amount of any payment provided for under this Agreement upon termination of his employment by the Company without Cause by seeking other employment or otherwise after such termination, nor shall the amount of any such payment provided for under this Agreement be reduced by any compensation earned by Executive after such termination as the result of his employment by another employer.

Appears in 7 contracts

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

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No Obligation to Mitigate. Executive shall not be required to mitigate the amount of any payment provided for under this Agreement upon termination of his employment by the Company without Cause by seeking other employment or otherwise after such terminationemployment, nor shall the amount of any such payment provided for under this Agreement be reduced by any compensation earned by Executive after such termination as the a result of his employment by another employer.employer after the Date of Termination or otherwise

Appears in 7 contracts

Samples: United Community Banks (United Community Banks Inc), United Community Banks (United Community Banks Inc), Control Severance Agreement (United Community Banks Inc)

No Obligation to Mitigate. The Executive shall not be required to mitigate the amount of any payment or benefit provided for under in this Agreement upon termination of his employment by the Company without Cause by seeking other employment or otherwise after such terminationotherwise, nor shall the amount of any such payment provided for under in this Agreement be reduced by any compensation earned by the Executive after such termination as the a result of his employment by another employeremployer after termination or otherwise.

Appears in 7 contracts

Samples: Executive Employment Agreement (Hemisphere Energy Corp), Executive Employment Agreement (Hemisphere Energy Corp), Executive Employment Agreement (Niska Gas Storage Partners LLC)

No Obligation to Mitigate. Executive shall not be required to mitigate the amount of any payment provided for under in this Agreement upon termination of his employment by the Company without Cause by seeking other employment or otherwise after such terminationand, nor except as otherwise expressly provided under this Agreement, no payment hereunder shall be offset or reduced by the amount of any such payment compensation or benefits provided for under this Agreement be reduced by to Executive in any compensation earned by Executive after such termination as the result of his subsequent employment by another employeror business venture.

Appears in 6 contracts

Samples: Employment Agreement (PennyMac Financial Services, Inc.), Employment Agreement (xG TECHNOLOGY, INC.), Employment Agreement (Pennymac Financial Services, Inc.)

No Obligation to Mitigate. Executive shall not be required to mitigate the amount of any payment provided for under this Agreement upon termination of his employment by the Company without Cause by seeking other employment or otherwise after such terminationemployment, nor shall the amount of any such payment provided for under this Agreement be reduced by any compensation earned by Executive after such termination as the a result of his employment by another employercompany after the Termination Date or otherwise.

Appears in 4 contracts

Samples: Employment Agreement (Southwest Georgia Financial Corp), Agreement and Plan of Merger (Southwest Georgia Financial Corp), Employment Agreement (Southwest Georgia Financial Corp)

No Obligation to Mitigate. Executive shall not be required to mitigate the damages or the amount of any payment provided for under this Agreement upon termination of his employment by the Company without Cause by seeking other employment or otherwise after such terminationotherwise, nor shall the amount of any such payment provided for under this Agreement be reduced by any compensation earned by Executive after such termination as the a result of his employment by another employeremployer after any Qualifying Termination, or otherwise.

Appears in 3 contracts

Samples: Severance Agreement (Commerce Bancshares Inc /Mo/), Severance Agreement (Commerce Bancshares Inc /Mo/), Severance Agreement (Commerce Bancshares Inc /Mo/)

No Obligation to Mitigate. Executive shall not be required to mitigate the amount of any payment provided for under this Agreement upon termination of his employment by the Company without Cause by seeking other employment or otherwise after such terminationemployment, nor shall the amount of any such payment provided for under this Agreement be reduced by any compensation earned by Executive after such termination as the a result of his employment by another employeremployer after the Date of Termination or otherwise.

Appears in 3 contracts

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

No Obligation to Mitigate. Executive shall not be required to mitigate damages or the amount of any payment provided for under this Agreement upon termination of his employment by the Company without Cause by seeking other employment or otherwise after such terminationotherwise, nor shall the amount of any such payment provided for under this Agreement be reduced by any compensation earned by Executive after such termination as the result of his employment by another employeremployer after the date of termination, or otherwise.

Appears in 2 contracts

Samples: Control Agreement (Innovative Micro Technology Inc), Control Agreement (Innovative Micro Technology Inc)

No Obligation to Mitigate. Executive shall not be required to mitigate the damages or the amount of any payment provided for under this Agreement upon termination of his employment by the Company without Cause by seeking other employment or otherwise after such terminationotherwise, nor shall the amount of any such payment provided for under this Agreement 8 be reduced by any compensation earned by Executive after such termination as the a result of his employment by another employeremployer after any Qualifying Termination, or otherwise.

Appears in 1 contract

Samples: Severance Agreement (Commerce Bancshares Inc /Mo/)

No Obligation to Mitigate. Executive shall not be required to mitigate the amount benefits or amounts of any payment Termination payments provided for under in this Agreement upon termination of his employment by the Company without Cause by seeking other employment or otherwise after such terminationotherwise, nor shall the amount of any such payment provided for under this Agreement Termination Payment be reduced by any compensation earned by Executive after such termination as the a result of his employment by another employeremployer after the Termination Date, or otherwise.

Appears in 1 contract

Samples: Registration Rights Agreement (North Country Financial Corp)

No Obligation to Mitigate. Executive shall not be required to mitigate the damages or the amount of any payment provided for under this Agreement upon termination of his employment by the Company without Cause by seeking other employment or otherwise after such terminationotherwise, nor shall the amount of any such payment provided for under this Agreement be reduced by any compensation earned by Executive after such termination as the result of his employment by another employeremployer after any Employment Termination Date, or otherwise.

Appears in 1 contract

Samples: Employment and Separation Agreement (Nellcor Puritan Bennett Inc)

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No Obligation to Mitigate. Executive shall not be required to mitigate the amount of any payment provided for under this Agreement upon termination of his employment by the Company without Cause by seeking other employment or otherwise after such terminationotherwise, nor shall the amount of any such payment provided for under this Agreement be reduced by any compensation earned by Executive after such termination as the a result of his employment by another employer.employer after the Date of Termination or otherwise

Appears in 1 contract

Samples: Change in Control Severance Payment Agreement (Community Bankshares Inc /Ga/)

No Obligation to Mitigate. Executive shall not be required to mitigate the damages or the amount of any payment provided for under this Agreement upon termination of his employment by the Company without Cause by seeking other employment or otherwise after such terminationotherwise, nor shall the amount of any such payment provided for under this Agreement be reduced by any compensation earned by Executive after such termination as the result of his employment by another employeremployer after the Employment Termination Date, or otherwise.

Appears in 1 contract

Samples: Employment Agreement (Nellcor Puritan Bennett Inc)

No Obligation to Mitigate. The amounts payable to the Executive hereunder in the event of termination of this Agreement shall not be required to mitigate reduced if the amount of any payment provided for under this Agreement upon Executive shall secure, or shall not reasonably pursue, alternative employment following the termination of his employment by the Company without Cause by seeking other employment or otherwise after such termination, nor shall the amount of any such payment provided for under this Agreement be reduced by any compensation earned by Executive after such termination as the result of his employment by another employeremployment.

Appears in 1 contract

Samples: Executive Employment Agreement (FOCUS GOLD Corp)

No Obligation to Mitigate. The Executive shall not be required to mitigate the amount of any payment or benefit provided for under this Agreement upon termination of his employment by the Company without Cause this Agreement under Sections 7(c), (d), or (e) above by seeking other employment or otherwise after such terminationemployment, nor shall the amount of any such payment provided for under this Agreement in Sections 7(c), (d), or (e) be reduced by any compensation earned by the Executive after such termination as the a result of his business or consulting activities or employment by another employeremployer after termination of this Agreement.

Appears in 1 contract

Samples: Executive Employment Agreement (Niska Gas Storage Partners LLC)

No Obligation to Mitigate. Executive shall not be required to mitigate the amount of any payment provided for under this Agreement upon termination of his employment by the Company without Cause by seeking other employment or otherwise after such terminationotherwise, nor shall the amount of any such payment provided for under this Agreement be reduced by any compensation earned by Executive after such termination as the a result of his employment by another employeremployer after the Separation from Service Date or otherwise with respect to benefits coverages.

Appears in 1 contract

Samples: Separation and Transition Agreement (Zep Inc.)

No Obligation to Mitigate. Executive shall not be required to mitigate damages or the amount of any payment provided for under this Agreement upon termination of his employment by the Company without Cause by seeking other employment or otherwise after such terminationotherwise, nor shall the amount of any such payment provided for under this Agreement be reduced by any compensation earned by Executive after such termination as the result of his employment by another employeremployer after the date of termination, or otherwise. 12.

Appears in 1 contract

Samples: Exhibit 10 (Applied Magnetics Corp)

No Obligation to Mitigate. Executive shall not be required to mitigate the amount of any payment provided for under in this Agreement upon termination of his employment by the Company without Cause by seeking other employment or otherwise after such termination, nor shall the amount of any such payment otherwise. The severance payments provided for under in this Agreement shall not be reduced by any compensation earned or other payments received by Executive after such the date of termination as the result of his Executive's employment by another employerfrom any source.

Appears in 1 contract

Samples: Change of Control Agreement (Prime Bancorp Inc /Pa)

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