No Set-off or Mitigation. 8.1 No Set-off by Company. The Executive's right to receive when due the payments and other benefits provided for under this Agreement is absolute, unconditional and subject to no set-off, counterclaim or legal or equitable defense. Any claim which the Company may have against the Executive, whether for a breach of this Agreement or otherwise, shall be brought in a separate action or proceeding and not as part of any action or proceeding brought by the Executive to enforce any rights against the Company under this Agreement.
Appears in 20 contracts
Samples: Employment Continuity Agreement (Lendingtree Inc), Control Agreement (Nicor Inc), Control Agreement (Nicor Inc)
No Set-off or Mitigation. 8.1 7.1 No Set-off by Company. The Executive's right to receive when due the payments and other benefits provided for under this Agreement is absolute, unconditional and not subject to no set-off, counterclaim or legal or equitable defense. Time is of the essence in the performance by the Company of its obligations under this Agreement. Any claim which the Company may have against the Executive, whether for a breach of this Agreement or otherwise, shall be brought in a separate action or proceeding and not as part of any action or proceeding brought by the Executive to enforce any rights against the Company under this Agreement.
Appears in 5 contracts
Samples: Employment Agreement (Russell Corp), Employment Agreement (Russell Corp), Employment Agreement (Russell Corp)
No Set-off or Mitigation. 8.1 9.1 No Set-off by Company. The Executive's right to receive when due the payments and other benefits provided for under this Agreement is absolute, unconditional and subject to no set-off, counterclaim or legal or equitable defense. Time is of the essence in the performance by the Company of its obligations under this Agreement. Any claim which the Company may have against the Executive, whether for a breach of this Agreement or otherwise, shall be brought in a separate action or proceeding and not as part of any action or proceeding brought by the Executive to enforce any rights against the Company under this Agreement.
Appears in 2 contracts
Samples: Exhibit 15 (Fingerhut Companies Inc), Change of Control Severance Agreement (Fingerhut Companies Inc)
No Set-off or Mitigation. 8.1 7.1 No Set-off by Company. The Executive's right to receive when due the payments and other benefits provided for under this Agreement is absolute, unconditional and subject to no set-offsetoff, counterclaim or legal or equitable defense. Time is of the essence in the performance by the Company of its obligations under this Agreement. Any claim which the Company may have against the Executive, whether for a breach of this Agreement or otherwise, shall be brought in a separate action or proceeding and not as part of any action or proceeding brought by the Executive to enforce any rights against the Company under this Agreement.
Appears in 1 contract
Samples: Employment Agreement (Principal Financial Group Inc)
No Set-off or Mitigation. 8.1 No Set-off by Company. The Executive's right to receive when due the payments and other benefits provided for under this Agreement is absolute, unconditional and subject to no set-offsetoff, counterclaim or legal or equitable defense. Time is of the essence in the performance by the Company of its obligations under this Agreement. Any claim which the Company may have against the Executive, whether for a breach of this Agreement or otherwise, shall be brought in a separate action or proceeding and not as part of any action or proceeding brought by the Executive to enforce any rights against the Company under this Agreement.
Appears in 1 contract
No Set-off or Mitigation. 8.1 No Set-off by Company. The Executive's right to receive when due the payments and other benefits provided for under and in accordance with the terms of this Agreement is absolute, unconditional and subject to no set-off, counterclaim or legal or equitable defense. Any claim which the Company may have against the Executive, whether for a breach of this Agreement or otherwise, shall be brought in a separate action or proceeding and not as part of any action or proceeding brought by the Executive to enforce any rights against the Company under this Agreement.
Appears in 1 contract
No Set-off or Mitigation. 8.1 9.1 No Set-off by CompanyCompany or Services. The Executive's right to receive when due the payments and other benefits provided for under this Agreement is absolute, unconditional and subject to no set-off, counterclaim or legal or equitable defense. Time is of the essence in the performance by the Company and Services of their obligations under this Agreement. Any claim which the Company or Services may have against the Executive, whether for a breach of this Agreement or otherwise, shall be brought in a separate action or proceeding and not as part of any action or proceeding brought by the Executive to enforce any rights against the Company or Services under this Agreement.
Appears in 1 contract
No Set-off or Mitigation. 8.1 No Set-off by Company. The Executive's right to receive when due the payments and other benefits provided for under this Agreement is absolute, unconditional and subject to no set-off, counterclaim or legal or equitable defense. Time is of the essence in the performance by the Company of its obligations under this Agreement. Any claim which the Company may have against the Executive, whether for a breach of this Agreement or otherwise, shall be brought in a separate action or proceeding and not as part of any action or proceeding brought by the Executive to enforce any rights against the Company under this Agreement.
Appears in 1 contract
Samples: Change of Control Severance Agreement (Fingerhut Companies Inc)
No Set-off or Mitigation. 8.1 No 7.1No Set-off by Company. The Except as otherwise expressly provided in Section 8.6, Executive's ’s right to receive when due the payments and other benefits provided for under this Agreement is absolute, unconditional and subject to no set-offsetoff, counterclaim or legal or equitable defense. Time is of the essence in the performance by the Company of its obligations under this Agreement. Any claim which the Company may have against the Executive, whether for a breach of this Agreement or otherwise, shall be brought in a separate action or proceeding and not as part of any action or proceeding brought by the Executive to enforce any rights against the Company under this Agreement.
Appears in 1 contract
Samples: Control Employment Agreement (Principal Financial Group Inc)
No Set-off or Mitigation. 8.1 No Set6.1 NO SET-off by CompanyOFF BY COMPANY. The Executive's right to receive when due the payments and other benefits provided for under and in accordance with the terms of this Agreement is absolute, unconditional and not subject to no set-off, counterclaim or legal or equitable defense. Any claim which the Company may have against the Executive, whether for a breach of this Agreement or otherwise, shall be brought in a separate action or proceeding and not as part of any action or proceeding brought by the Executive to enforce any rights against the Company under this Agreement.
Appears in 1 contract
No Set-off or Mitigation. 8.1 7.1 No Set-off by Company. The Executive's right to receive when due the --------------------- payments and other benefits provided for under this Agreement is absolute, unconditional and not subject to no set-off, counterclaim or legal or equitable defense. Time is of the essence in the performance by the Company of its obligations under this Agreement. Any claim which the Company may have against the Executive, whether for a breach of this Agreement or otherwise, shall be brought in a separate action or proceeding and not as part of any action or proceeding brought by the Executive to enforce any rights against the Company under this Agreement.
Appears in 1 contract
No Set-off or Mitigation. 8.1 7.1 No Set-off by Company. The Executive's ’s right to receive when due the payments and other benefits provided for under this Agreement is absolute, unconditional and not subject to no set-off, counterclaim or legal or equitable defense. Time is of the essence in the performance by the Company of its obligations under this Agreement. Any claim which the Company may have against the Executive, whether for a breach of this Agreement or otherwise, shall be brought in a separate action or proceeding and not as part of any action or proceeding brought by the Executive to enforce any rights against the Company under this Agreement.
Appears in 1 contract