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

No Set-Off; No Mitigation. Except as provided herein, the Company’s obligation to provide benefits under this Agreement and otherwise to perform its obligations hereunder shall not be affected by any circumstances, including any set-off, counterclaim, recoupment, defense, or other right the Company may have against Executive or others. In no event shall Executive be obligated to seek other employment or take any other action by way of mitigation of the amounts payable to Executive under any of the provisions of this Agreement, and such amounts shall not be reduced whether or not Executive obtains other employment.

Appears in 33 contracts

Samples: Employment Agreement (Landmark Bancorp Inc), Employment Agreement (Medgenics, Inc.), Employment Agreement (Landmark Bancorp Inc)

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No Set-Off; No Mitigation. Except as provided herein, the Company’s obligation to provide benefits under this Agreement and otherwise to perform its obligations hereunder shall not be affected by any circumstances, including any set-off, counterclaim, recoupment, defense, defense or other right the Company may have against Executive or others. In no event shall Executive be obligated to seek other employment or take any other action by way of mitigation of the amounts payable to Executive under any of the provisions of this Agreement, and such amounts shall not be reduced whether or not Executive obtains other employment.

Appears in 13 contracts

Samples: Employment Agreement (MidWestOne Financial Group, Inc.), Employment Agreement (MidWestOne Financial Group, Inc.), Employment Agreement (MidWestOne Financial Group, Inc.)

No Set-Off; No Mitigation. Except as provided herein, the The Company’s 's obligation to provide benefits under make any payments provided for in this Agreement and otherwise to perform its obligations hereunder shall not be affected by any circumstances, including any set-off, counterclaim, recoupment, defense, defense or other claim, right or action which the Company may have against Executive or others. In no event shall Executive be obligated to seek other employment or take any other action by way of mitigation of the amounts payable to Executive under any of the provisions of this Agreement, Agreement and such amounts shall not be reduced whether or not Executive obtains other employment.

Appears in 10 contracts

Samples: Employment Agreement (Caliber System Inc), Management Retention Agreement (Caliber System Inc), Management Retention Agreement (Caliber System Inc)

No Set-Off; No Mitigation. Except as provided herein, the Company’s obligation to provide benefits under make the payments provided for in this Agreement and otherwise to perform its obligations hereunder shall not be affected by any circumstances, including any set-off, counterclaim, recoupment, defense, defense or other right which the Company may have against Executive or others. In no event shall Executive be obligated to seek other employment or take any other action by way of mitigation of the amounts payable to Executive under any of the provisions of this Agreement, and such amounts shall not be reduced whether or not Executive obtains other employment.

Appears in 8 contracts

Samples: Employment Agreement (ISB Financial Corp.), Stock Option Agreement (Affirmative Insurance Holdings Inc), Executive Employment Agreement (Affirmative Insurance Holdings Inc)

No Set-Off; No Mitigation. Except as provided herein, the Company’s obligation to provide benefits under this Agreement and otherwise to perform its obligations hereunder shall not be affected by any circumstances, including any set-off, counterclaim, recoupment, defense, defense or other right the Company may have against the Executive or others. In no event shall the Executive be obligated to seek other employment or take any other action by way of mitigation of the amounts payable to the Executive under any of the provisions of this Agreement, and such amounts shall not be reduced whether or not the Executive obtains other employment.

Appears in 6 contracts

Samples: Employment Agreement (MidWestOne Financial Group, Inc.), Employment Agreement (MidWestOne Financial Group, Inc.), Employment Agreement (MidWestOne Financial Group, Inc.)

No Set-Off; No Mitigation. Except as provided herein, the Company’s 's obligation to provide benefits under this Agreement and otherwise to perform its obligations hereunder shall not be affected by any circumstances, including any set-off, counterclaim, recoupment, defense, defense or other right the Company may have against Executive or others. In no event shall Executive be obligated to seek other employment or take any other action by way of mitigation of the amounts payable to Executive under any of the provisions of this Agreement, and such amounts shall not be reduced whether or not Executive obtains other employment.

Appears in 4 contracts

Samples: Employment Agreement (West Bancorporation Inc), Employment Agreement (West Bancorporation Inc), Employment Agreement (West Bancorporation Inc)

No Set-Off; No Mitigation. Except as provided herein, the The Company’s obligation to provide benefits under make the payments provided for in this Agreement and otherwise to perform its obligations hereunder shall not be affected by any circumstances, including any set-offoff for any claim, counterclaim, recoupment, defense, right or other right action that the Company or any of its affiliated companies may have against Executive or othersthe Executive. In no event shall the Executive be obligated to seek other employment or take any other action by way of mitigation of the amounts payable to the Executive under any of the provisions of this Agreement, Agreement and such amounts shall not be reduced whether or not the Executive obtains other employment.

Appears in 4 contracts

Samples: Employment Agreement (Simon Property Group Inc /De/), Employment Agreement (Simon Property Group Inc /De/), Employment Agreement (Simon Property Group Inc /De/)

No Set-Off; No Mitigation. Except as provided herein, the Company’s 's obligation to provide benefits under make the payments provided for in this Agreement and otherwise to perform its obligations hereunder shall not be affected by any circumstances, including any set-off, counterclaim, recoupment, defense, defense or other right which the Company may have against Executive or others. In no event shall Executive be obligated to seek other employment or take any other action by way of mitigation of the amounts payable to Executive under any of the provisions of this Agreement, and such amounts shall not be reduced whether or not Executive obtains other employment.

Appears in 4 contracts

Samples: Executive Employment Agreement (Westwood Holdings Group Inc), Executive Employment Agreement (Westwood Holdings Group Inc), Executive Employment Agreement (Westwood Holdings Group Inc)

No Set-Off; No Mitigation. Except as provided herein, the Company’s 's obligation to provide benefits under this Agreement and otherwise to perform its obligations hereunder shall not be affected by any circumstances, including any set-off, counterclaim, recoupment, defense, defense or other right the Company may have against the Executive or others. In no event shall the Executive be obligated to seek other employment or take any other action by way of mitigation of the amounts payable to the Executive under any of the provisions of this Agreement, and such amounts shall not be reduced whether or not the Executive obtains other employment.

Appears in 4 contracts

Samples: Employment Agreement (MidWestOne Financial Group, Inc.), Employment Agreement (MidWestOne Financial Group, Inc.), Employment Agreement (MidWestOne Financial Group, Inc.)

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No Set-Off; No Mitigation. Except as provided herein, the Company’s 's obligation to provide benefits under make the payments provided for in this Agreement and otherwise to perform its obligations hereunder shall not be affected by any circumstances, including any set-off, counterclaim, recoupment, defense, defense or other right which the Company may have against Executive or others. In no event shall Executive be obligated to seek other employment or take any other action by way of mitigation of the amounts payable to Executive under any of the provisions of this Agreement, and such amounts shall not be reduced whether or not Executive obtains other employmentemployment except as provided in SECTION 5(d)(iv).

Appears in 3 contracts

Samples: Employment Agreement (Calamos Asset Management, Inc. /DE/), Executive Employment Agreement (Calamos Asset Management, Inc. /DE/), Executive Employment Agreement (Calamos Asset Management, Inc. /DE/)

No Set-Off; No Mitigation. Except as provided herein, the Company’s 's obligation to provide benefits under make the payments provided for in this Agreement and otherwise to perform its obligations hereunder shall not be affected by any circumstances, including any set-off, counterclaim, recoupment, defense, defense or other right which the Company may have against Executive or others. In no event shall Executive be obligated to seek other employment or take any other action by way of mitigation of the amounts payable to Executive under any of the provisions of this Agreement, and such amounts shall not be reduced whether or not Executive obtains other employment, other than as provided in SECTION 5(d)(iv).

Appears in 3 contracts

Samples: Employment Agreement (Calamos Asset Management, Inc. /DE/), Executive Employment Agreement (Calamos Asset Management, Inc. /DE/), Executive Employment Agreement (Calamos Asset Management, Inc. /DE/)

No Set-Off; No Mitigation. Except as provided herein, the Company’s 's obligation to provide benefits under this Agreement and otherwise to perform its obligations hereunder shall not be affected by any circumstances, including any set-off, counterclaim, recoupment, defense, or other right the Company may have against Executive or others. In no event shall Executive be obligated to seek other employment or take any other action by way of mitigation of the amounts payable to Executive under any of the provisions of this Agreement, and such amounts shall not be reduced whether or not Executive obtains other employment.

Appears in 2 contracts

Samples: Employment Agreement (Trinity Capital Corp), Employment Agreement (Trinity Capital Corp)

No Set-Off; No Mitigation. Except as provided herein, the Company’s obligation to provide benefits under this Agreement and otherwise to perform its obligations hereunder shall not be affected by any circumstances, including any set-off, counterclaim, recoupment, defense, or other right the Company may have against Executive or others. In no event shall Executive be obligated to seek other employment or take any other action by way of mitigation of the amounts payable to Executive under any of the provisions of this Agreement, and such amounts shall not be reduced whether or not Executive obtains other employment.. 1654345.v2

Appears in 1 contract

Samples: Employment Agreement (Heritage Financial Corp /Wa/)

No Set-Off; No Mitigation. Except as provided herein, the Company’s obligation to provide benefits under this Agreement and otherwise to perform its obligations hereunder shall not be affected by any circumstances, including any set-off, counterclaim, recoupment, defense, defense or other right the Company may have against Executive or others. In no event shall Executive be obligated to seek other employment or take any other action by way of mitigation of the amounts payable to Executive under any of the provisions of this Agreement, and such amounts shall not be reduced whether or not Executive obtains other employment. 9.

Appears in 1 contract

Samples: Employment Agreement (MidWestOne Financial Group, Inc.)

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