Common use of Payment Obligations Absolute Clause in Contracts

Payment Obligations Absolute. The Company’s obligation to make the payments and the arrangements provided for herein shall be absolute and unconditional, and shall not be affected by any circumstances including, without limitation, any offset, counterclaim, recoupment, defense, or other right which the Company may have against the Executive or anyone else. All amounts payable by the Company hereunder shall be paid without notice or demand. Each and every payment made hereunder by the Company shall be final, and the Company shall not seek to recover all or any part of such payment from the Executive or from whomsoever may be entitled thereto, for any reasons whatsoever. The Executive shall not be obligated to seek other employment in mitigation of the amounts payable or arrangements made under any provision of this Agreement, and the obtaining of any such other employment shall in no event effect any reduction of the Company’s obligations to make the payments and arrangements required to be made under this Agreement, except to the extent provided in Section 2.3(h) herein.

Appears in 14 contracts

Samples: Control Severance Agreement (USMD Holdings, Inc.), Control Severance Agreement (Cash America International Inc), Control Severance Agreement (Cash America International Inc)

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Payment Obligations Absolute. The Company’s obligation obligations during and after the Employment Period to pay the Executive the amounts and to make the payments benefit and the other arrangements provided for herein shall be absolute and unconditional, unconditional and shall not be affected by any circumstances circumstances, including, without limitation, any offsetset off, counterclaim, recoupment, defense, defense or other right which the Company may have against the Executive him or anyone else. All Except as provided in Section 9(c) and Section 15 of this Agreement, all amounts payable by the Company hereunder shall be paid without notice or demand. Each Except as provided in Section 9(b) of this Agreement, each and every payment made hereunder by the Company shall be final, and the Company shall will not seek to recover all or any part of such payment from the Executive Executive, or from whomsoever may be entitled thereto, for any reasons reason whatsoever. The In no event shall the Executive shall not be obligated to seek other employment in or take any other action by way of mitigation of the amounts payable or arrangements made to the Executive under any provision of the provisions of this Agreement, and such amounts shall not be reduced whether or not the obtaining of any such Executive obtains other employment shall in no event effect any reduction of the Company’s obligations to make the payments and arrangements required to be made under this Agreement, except to the extent provided in Section 2.3(h) hereinemployment.

Appears in 13 contracts

Samples: Key Executive Employment and Severance Agreement (Bucyrus International Inc), Key Executive Employment and Severance Agreement (Bucyrus International Inc), Key Executive Employment and Severance Agreement (Bucyrus International Inc)

Payment Obligations Absolute. The Company’s obligation to make the payments and the arrangements provided for herein shall be absolute and unconditional, and shall not be affected by any circumstances including, without limitation, any offset, counterclaim, recoupment, defense, or other right which the Company may have against the Executive or anyone else. All amounts payable by the Company hereunder shall be paid without notice or demand. Each and every payment made hereunder by the Company shall be final, and the Company shall not seek to recover all or any part of such payment from the Executive or from whomsoever may be entitled thereto, for any reasons whatsoever. The Executive shall not be obligated to seek other employment in mitigation of the amounts payable or arrangements made under any provision of this Agreement, and the obtaining of any such other employment shall in no event effect any reduction of the Company’s obligations to make the payments and arrangements required to be made under this Agreement, except to the extent provided in Section Sections 2.3(g) and 2.3(h) herein.

Appears in 10 contracts

Samples: Executive Change in Control Severance Agreement (Mueller Water Products, Inc.), Control Severance Agreement (Mueller Water Products, Inc.), Control Severance Agreement (Mueller Water Products, Inc.)

Payment Obligations Absolute. The Company’s 's obligation to pay the Executive the payment and to make the payments and the arrangements provided for herein shall be absolute and unconditional, unconditional and shall not be affected by any circumstances circumstances, including, without limitation, any offsetset-off, counterclaim, recoupment, defense, defense or other right which the Company may have against the Executive him or anyone else. All amounts payable by the Company hereunder shall be paid without notice or demand. Each and every payment made hereunder by the Company shall be final, and the Company shall will not seek to recover all or any part of such payment from the Executive or from whomsoever whosoever may be entitled thereto, for any reasons reason whatsoever. The Executive shall not be obligated to seek other employment in mitigation of the amounts payable or arrangements made under any provision of this Agreement, and the obtaining of any such other employment shall in no event effect any reduction of the Company’s 's obligations to make the payments and arrangements required to be made under this Agreement, except to the extent provided in Section 2.3(h) herein.

Appears in 6 contracts

Samples: Senior Executive Retention Agreement (Aladdin Gaming Holding LLC), Senior Executive Retention Agreement (Aladdin Gaming Holding LLC), Senior Executive Retention Agreement (Aladdin Gaming Enterprises Inc)

Payment Obligations Absolute. The Company’s obligation to pay (or cause an Affiliate to pay) Executive the amounts and to make the payments and the arrangements provided for herein shall be absolute and unconditional, unconditional and shall not be affected by any circumstances circumstances, including, without limitation, any offsetset-off, counterclaim, recoupment, defense, defense or other right which the Company (including an Affiliate) may have against the Executive or anyone else. All amounts payable by the Company hereunder shall be paid without notice or demand. Each and every payment made hereunder by the Company shall be final, and the Company shall not seek to recover all or any part of such payment from the Executive or from whomsoever may be entitled thereto, for any reasons whatsoever. The Executive shall not be obligated to seek other employment in mitigation of the amounts payable or arrangements made under any provision of this Agreement, and and, except as provided in Paragraph 3(c) hereof, the obtaining of any such other employment shall in no event effect any reduction of the Company’s obligations to make (or cause to be made) the payments and arrangements required to be made under this Agreement, except to the extent provided in Section 2.3(h) herein.

Appears in 4 contracts

Samples: Change in Control Severance Agreement (Doane Pet Care Co), Change in Control Severance Agreement (Doane Pet Care Co), Change in Control Severance Agreement (Doane Pet Care Co)

Payment Obligations Absolute. The Company’s 's obligation to make the payments and the arrangements provided for herein shall be absolute and unconditional, and shall not be affected by any circumstances circumstances, including, without limitation, any offset, counterclaim, recoupment, defense, or other right which the Company may have against the Executive or anyone else. All amounts payable by the Company hereunder shall be paid without notice or demand. Each and every payment made hereunder by the Company shall be final, and the Company shall not seek to recover all or any part of such payment from the Executive or from whomsoever may be entitled thereto, for any reasons whatsoever. The Executive shall not be obligated to seek other employment in mitigation of the amounts payable or arrangements made under any provision of this Agreement, and the obtaining of any such other employment shall in no event effect any reduction of the Company’s 's obligations to make the payments and arrangements required to be made under this Agreement, except to the extent provided in Section 2.3(h2.3(c) herein.

Appears in 4 contracts

Samples: Chorus Communications Group LTD, Chorus Communications Group LTD, Chorus Communications Group LTD

Payment Obligations Absolute. The Company’s obligation to make the payments and the arrangements provided for herein shall be absolute and unconditional, and shall not be affected by any circumstances including, without limitation, any offset, counterclaim, recoupment, defense, or other right which the Company may have against the Executive or anyone else. All amounts payable by the Company hereunder shall be paid without notice or demand. Each and every payment made hereunder by the Company shall be final, and the Company shall not seek to recover all or any part of such payment from the Executive or from whomsoever may be entitled thereto, for any reasons whatsoever. The Executive shall not be obligated to seek other employment in mitigation of the amounts payable or arrangements made under any provision of this Agreement, and the obtaining of any such other employment shall in no event effect any reduction of the Company’s obligations to make the payments and arrangements required to be made under this Agreement, except to the extent provided in Section 2.3(hSections 2.3(e) and 2.3(f) herein.

Appears in 4 contracts

Samples: Executive Change in Control Severance Agreement (Mueller Water Products, Inc.), Executive Change in Control Severance Agreement (Mueller Water Products, Inc.), Executive Change in Control Severance Agreement (Mueller Water Products, Inc.)

Payment Obligations Absolute. The Company’s obligation to make the payments and the arrangements provided for herein shall be absolute and unconditional, and shall not be affected by any circumstances including, without limitation, any offset, counterclaim, recoupment, defense, or other right which the Company may have against the Executive or anyone else. All amounts payable by the Company hereunder shall be paid without notice or demand. Each and every payment made hereunder by the Company shall be final, and the Company shall not seek to recover all or any part of such payment from the Executive or from whomsoever may be entitled thereto, for any reasons whatsoever. The Executive shall not be obligated to seek other employment in mitigation of the amounts payable or arrangements made under any provision of this Agreement, and the obtaining of any such other employment shall in no event effect any reduction of the Company’s obligations to make the payments and arrangements required to be made under this Agreement, except to the extent provided in Section 2.3(h) herein.

Appears in 4 contracts

Samples: Control Severance Agreement (Edwards Lifesciences Corp), Control Severance Agreement (Edwards Lifesciences Corp), Control Severance Agreement (Edwards Lifesciences Corp)

Payment Obligations Absolute. The Company’s 's obligation to make the payments and the arrangements provided for herein shall be absolute and unconditional, and shall not be affected by any circumstances including, without limitation, any offset, counterclaim, recoupment, defense, or other right which the Company may have against the Executive or anyone else. All amounts payable by the Company hereunder shall be paid without notice or demand. Each and every payment made hereunder by the Company shall be final, and the Company shall not seek to recover all or any part of such payment from the Executive or from whomsoever may be entitled thereto, for any reasons whatsoever. The Executive shall not be obligated to seek other employment in mitigation of the amounts payable or arrangements made under any provision of this Agreement, and the obtaining of any such other employment shall in no event effect any reduction of the Company’s 's obligations to make the payments and arrangements required to be made under this Agreement, except to the extent provided in Section 2.3(h2.3(f) herein.

Appears in 4 contracts

Samples: Control Severance Agreement, Edwards Lifesciences Corp, Edwards Lifesciences Corp

Payment Obligations Absolute. The Company’s 's obligation to make the payments and the arrangements provided for herein shall be absolute and unconditional, and shall not be affected by any circumstances including, without limitation, any offset, counterclaim, recoupment, defense, or other right which the Company may have against the Executive or anyone else. All amounts payable by the Company hereunder shall be paid without notice or demand. Each and every payment made hereunder by the Company shall be final, and the Company shall not seek to recover all or any part of such payment from the Executive or from whomsoever may be entitled thereto, for any reasons whatsoever. The Executive shall not be obligated to seek other employment in mitigation of the amounts payable or arrangements made under any provision of this Agreement, and the obtaining of any such other employment shall in no event effect any reduction of the Company’s 's obligations to make the payments and arrangements required to be made under this Agreement, except to the extent provided in Section 2.3(h) herein.

Appears in 3 contracts

Samples: Change in Control Severance Agreement (Alliance HealthCare Services, Inc.), Control Severance Agreement (Edwards Lifesciences Corp), Control Severance Agreement (Edwards Lifesciences Corp)

Payment Obligations Absolute. The Company’s 's obligation to make the payments and the arrangements provided for herein shall be absolute and unconditional, and shall not be affected by any circumstances including, without limitation, any offset, counterclaim, recoupment, defense, or other right which the Company may have against the Executive or anyone else. All amounts payable by the Company hereunder shall be paid without notice or demand. Each and every payment made hereunder by the Company shall be final, and the Company shall not seek to recover all or any part of such payment from the Executive or from whomsoever may be entitled thereto, for any reasons whatsoever. The Executive shall not be obligated to seek other employment in mitigation of the amounts payable or arrangements made under any provision of this Restated Agreement, and the obtaining of any such other employment shall in no event effect any reduction of the Company’s 's obligations to make the payments and arrangements required to be made under this Restated Agreement, except to the extent provided in Section 2.3(h) herein.

Appears in 3 contracts

Samples: Control Severance Agreement (Alliance HealthCare Services, Inc.), Control Severance Agreement (Alliance HealthCare Services, Inc.), Control Severance Agreement (Edwards Lifesciences Corp)

Payment Obligations Absolute. The Company’s obligation to make the payments and the arrangements provided for herein shall be absolute and unconditional, and shall not be affected by any circumstances including, without limitation, any offset, counterclaim, recoupment, defense, or other right which the Company may have against the Executive or anyone else. All amounts payable by the Company hereunder shall be paid without notice or demand. Each and every payment made hereunder by the Company shall be final, and the Company shall not seek to recover all or any part of such payment from the Executive or from whomsoever may be entitled thereto, for any reasons whatsoever. The Executive shall not be obligated to seek other employment in mitigation of the amounts payable or arrangements made under any provision of this Agreement, and the obtaining of any such other employment shall in no event effect any reduction of the Company’s obligations to make the payments and arrangements required to be made under this Agreement, except to the extent provided in Section 2.3(hSections 2.3(f) and 2.3(g) herein.

Appears in 3 contracts

Samples: Control Severance Agreement (Walter Industries Inc /New/), Walter Energy, Inc., Walter Energy, Inc.

Payment Obligations Absolute. The Company’s obligation to make the payments and the arrangements provided for herein shall be absolute and unconditional, and shall not be affected by any circumstances circumstances, including, without limitation, any offset, counterclaim, recoupment, defense, or other right which the Company may have against the Executive or anyone else. All amounts payable by the Company hereunder shall be paid without notice or demand. Each Subject to the provision set forth in Section 8.1 and 8.2, each and every payment made hereunder by the Company shall be final, and the Company shall not seek to recover all or any part of such payment from the Executive or from whomsoever may be entitled thereto, for any reasons whatsoever. The Executive shall not be obligated to seek other employment in mitigation of the amounts payable or arrangements made under any provision of this Agreement, and the obtaining of any such other employment shall in no event effect any reduction of the Company’s obligations to make the payments and arrangements required to be made under this Agreement, except to the extent provided in Section 2.3(h4.3(c) herein.

Appears in 3 contracts

Samples: Executive Severance Agreement (Cobalt Corp), Executive Severance Agreement (Cobalt Corp), Executive Severance Agreement (Cobalt Corp)

Payment Obligations Absolute. The Company’s 's obligation to make the payments and the arrangements provided for herein shall be absolute and unconditional, and shall not be affected by any circumstances circumstances, including, without limitation, any offset, counterclaim, recoupment, defense, or other right which the Company may have against the Executive or anyone else. All amounts payable by the Company hereunder shall be paid without notice or demand. Each and every payment made hereunder by the Company shall be final, and the Company shall not seek to recover all or any part of such payment from the Executive or from whomsoever may be entitled thereto, for any reasons whatsoever, except as otherwise provided in Article 7 hereof. The Executive shall not be obligated to seek other employment in mitigation of the amounts payable or arrangements made under any provision of this Agreement, and the obtaining of any such other employment shall in no event effect any reduction of the Company’s 's obligations to make the payments and arrangements required to be made under this Agreement, except to the extent provided in Section 2.3(h2.4(d) herein.

Appears in 2 contracts

Samples: Northrop Grumman Corporation Special Agreement (Northrop Grumman Corp), Special Agreement (Northrop Grumman Corp)

Payment Obligations Absolute. The Company’s 's obligation to make the payments and the arrangements provided for herein shall be absolute and unconditional, and shall not be affected by any circumstances circumstances, including, without limitation, any offset, counterclaim, recoupment, defense, or other right which the Company may have against the Executive or anyone else. All amounts payable by the Company hereunder shall be paid without notice or demand. Each and every payment made hereunder by the Company shall be final, and the Company shall not seek to recover all or any part of such payment from the Executive or from whomsoever may be entitled thereto, for any reasons whatsoever. The Executive shall not be obligated to seek other employment in mitigation of the amounts payable or arrangements made under any provision of this Agreement, and the obtaining of any such other employment shall in no event effect any reduction of the Company’s 's obligations to make the payments and arrangements required to be made under this Agreement, except to the extent provided in Section 2.3(h7.1(d) herein.

Appears in 2 contracts

Samples: Employment Agreement (Boatmens Bancshares Inc /Mo), Employment Agreement (Boatmens Bancshares Inc /Mo)

Payment Obligations Absolute. The Company’s obligation to make the payments and the arrangements provided for herein shall be absolute and unconditional, and shall not be affected by any circumstances including, without limitation, any offset, counterclaim, recoupment, defense, or other right which the Company may have against the Executive or anyone else. All amounts payable by the Company hereunder shall be paid without notice or demand. Each and every payment made hereunder by the Company shall be final, and and, except as expressly provided for in Section 5.1, the Company shall not seek to recover all or any part of such payment from the Executive or from whomsoever may be entitled thereto, for any reasons whatsoever. The Executive shall not be obligated to seek other employment in mitigation of the amounts payable or arrangements made under any provision of this Agreement, and the obtaining of any such other employment shall in no event effect any reduction of the Company’s obligations to make the payments and arrangements required to be made under this Agreement, except to the extent provided in Section 2.3(hSections 2.3(f) and 2.3(g) herein.

Appears in 2 contracts

Samples: Waiver and General (Walter Energy, Inc.), Walter Energy, Inc.

Payment Obligations Absolute. The Company’s obligation Companies’ obligations to make the payments and the arrangements provided for herein under this Agreement shall be absolute and unconditional, and shall not be affected by any circumstances circumstances, including, without limitation, any offset, counterclaim, recoupment, defense, or other right which the Company Companies may have against the Executive or anyone else. All amounts payable by the Company hereunder Companies thereunder shall be paid without notice or demand, except as provided herein. Each and every payment made hereunder thereunder by the Company Companies shall be final, and the Company Companies shall not seek to recover all or any part of such payment from the Executive or from whomsoever may be entitled thereto, for any reasons whatsoever. The Executive shall not be obligated to seek other employment in mitigation of the amounts payable or arrangements made under any provision of this Agreement, and the obtaining of any such other employment shall in no event effect any reduction of the Company’s Companies’ obligations to make the payments and arrangements required to be made under this Agreement, except to the extent provided in Section 2.3(h3.3(b) herein.

Appears in 2 contracts

Samples: Agreement (First Business Financial Services, Inc.), Agreement (First Business Financial Services, Inc.)

Payment Obligations Absolute. The Company’s 's obligation to make the payments and the arrangements provided for herein shall be absolute and unconditional, and shall not be affected by any circumstances circumstances, including, without limitation, any offset, counterclaim, recoupment, defense, or other right which the Company may have against the Executive or anyone else. All amounts payable by the Company hereunder shall be paid without notice or demand. Each and every payment made hereunder by the Company shall be final, and the Company shall not seek to recover all or any part of such payment from the Executive or from whomsoever may be entitled thereto, for any reasons whatsoever. The Executive shall not be obligated to seek other employment in mitigation of the amounts payable or arrangements made under any provision of this Agreement, and the obtaining of any such other employment shall in no event effect any reduction of the Company’s 's obligations to make the payments and arrangements required to be made under this Agreement, except to the extent provided in Section 2.3(h2.4(d) herein.

Appears in 1 contract

Samples: Executive Severance Agreement (Eljer Industries Inc)

Payment Obligations Absolute. The Company’s obligation to make the payments and the arrangements provided for herein shall be absolute and unconditional, and shall not be affected by any circumstances including, without limitation, any offset, counterclaim, recoupment, defense, or other right which the Company may have against the Executive or anyone else. All amounts payable by the Company hereunder shall be paid without notice or demand. Each and every payment made hereunder by the Company shall be final, and the Company shall not seek to recover all or any part of such payment from the Executive or from whomsoever may be entitled thereto, for any reasons whatsoever. The Executive shall not be obligated to seek other employment in mitigation of the amounts payable or arrangements made under any provision of this Agreement, and the obtaining of any such other employment shall in no event effect any reduction of the Company’s obligations to make the payments and arrangements required to be made under this Agreement, except to the extent provided in Section Sections 2.3(h) and 2.3(i) herein.

Appears in 1 contract

Samples: Control Severance Agreement (Mueller Water Products, Inc.)

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Payment Obligations Absolute. The Company’s 's obligation to make the payments and the arrangements provided for herein shall be absolute and unconditional, and shall not be affected by any circumstances circumstances, including, without limitation, any offset, counterclaim, recoupment, defense, or other right which the Company may have against the Executive or anyone else. All amounts payable by the Company hereunder shall be paid without notice or demand. Each and every payment made hereunder by the Company shall be final, and the Company shall not seek to recover all or any part of such payment from the Executive or from whomsoever may be entitled thereto, for any reasons whatsoever. The Executive shall not be obligated to seek other employment in mitigation of the amounts payable or arrangements made under any provision of this Agreement, and the obtaining of any such other employment shall in no event effect any reduction of the Company’s 's obligations to make the payments and arrangements required to be made under this Agreement, except to the extent provided in Section 2.3(h2.4(e) herein.

Appears in 1 contract

Samples: Executive Severance Agreement (Amsouth Bancorporation)

Payment Obligations Absolute. The Company’s 's obligation to make the payments and the arrangements provided for herein shall be absolute and unconditional, and shall not be affected by any circumstances circumstances, including, without limitation, any offset, counterclaim, recoupment, defense, or other right which the Company may have against the Executive or anyone else. All amounts payable by the Company hereunder shall be paid without notice or demand. Each and every payment made hereunder by the Company shall be final, and the Company shall not seek to recover all or any part of such payment from the Executive or from whomsoever may be entitled thereto, for any reasons whatsoever. The Executive shall not be obligated to seek other employment in mitigation of the amounts payable or arrangements made under any provision of this Agreement, and the obtaining of any such other employment shall in no event effect any reduction of the Company’s 's obligations to make the payments and arrangements required to be made under this Agreement, except to the extent provided in Section 2.3(h2.4(j) herein.

Appears in 1 contract

Samples: Amsouth Bancorporation

Payment Obligations Absolute. The Company’s obligation to make the payments and the arrangements provided for herein shall be absolute and unconditional, and shall not be affected by any circumstances including, without limitation, any offset, counterclaim, recoupment, defense, or other right which the Company may have against the Executive or anyone else. All amounts payable by the Company hereunder shall be paid without notice or demand. Each and every payment made hereunder by the Company shall be final, and the Company shall not seek to recover all or any part of such payment from the Executive or from whomsoever may be entitled thereto, for any reasons whatsoever. The Executive shall not be obligated to seek other employment in mitigation of the amounts payable or arrangements made under any provision of this Agreement, and the obtaining of any such other employment shall in no event effect any reduction of the Company’s obligations to make the payments and arrangements required to be made under this Agreement, except to the extent provided in Section 2.3(h) herein.. 6.2

Appears in 1 contract

Samples: Federal Signal Corp /De/

Payment Obligations Absolute. The Company’s 's obligation to make the payments and the arrangements provided for herein shall be absolute and unconditional, and shall not be affected by any circumstances circumstances, including, without limitation, any offset, counterclaim, recoupment, defense, or other right which the Company company may have against the Executive or anyone else, except those arising under this Agreement. All amounts payable by the Company hereunder shall be paid without notice or demand. Each and every payment made hereunder by the Company shall be final, and the Company shall not seek to recover all or any part of such payment from the Executive or from whomsoever may be entitled thereto, for any reasons whatsoever, except as provided in Section 2.7. The Executive shall not be obligated to seek other employment in mitigation of the amounts payable or arrangements made under any provision of this Agreement, and the obtaining of any such other employment shall in no event effect any reduction of the Company’s 's obligations to make the payments and arrangements required to be made under this Agreement, except to the extent provided in Section 2.3(hSections 2.3(c) hereinand 2.9 hereof.

Appears in 1 contract

Samples: Executive Change of Control Severance Agreement (Cytogen Corp)

Payment Obligations Absolute. The Company’s 's obligation to make the payments and the arrangements provided for herein shall be absolute and unconditional, and shall not be affected by any circumstances including, without limitation, any offset, counterclaim, recoupment, defense, or other right which the Company may have against the Executive or anyone else. All amounts payable by the Company hereunder shall be paid without notice or demand. Each and every payment made hereunder by the Company shall be final, and the Company shall not seek to recover all or any part of such payment from the Executive or from whomsoever may be entitled thereto, for any reasons whatsoever. The Executive shall not be obligated to seek other employment in mitigation of the amounts payable or arrangements made under any provision of this Agreement, and the obtaining of any such other employment shall in no event effect any reduction of the Company’s 's obligations to make the payments and arrangements required to be made under this Agreement, except to the extent provided in Section 2.3(h) herein3.1(e).

Appears in 1 contract

Samples: Executive Severance Agreement (Tupperware Corp)

Payment Obligations Absolute. The Company’s obligation to make the payments and the arrangements provided for herein shall be absolute and unconditional, and shall not be affected by any circumstances including, without limitation, any offset, counterclaim, recoupment, defense, or other right which the Company may have against the Executive or anyone else. All amounts payable by the Company hereunder shall be paid without notice or demand. Each and every payment made hereunder by the Company shall be final, and the Company shall not seek to recover all or any part of such payment from the Executive or from whomsoever may be entitled thereto, for any reasons whatsoever. The Executive shall not be obligated to seek other employment in mitigation of the amounts payable or arrangements made under any provision of this Agreement, and the obtaining of any such other employment shall in no event effect any reduction of the Company’s obligations obligation to make the payments and arrangements required to be made under this Agreement, except to the extent provided in Section 2.3(h) herein3.1(e).

Appears in 1 contract

Samples: Officer Severance Agreement (Tupperware Brands Corp)

Payment Obligations Absolute. The Company’s obligation to make the payments and the arrangements provided for herein shall be absolute and unconditional, and shall not be affected by any circumstances including, without limitation, any offset, counterclaim, recoupment, defense, or other right which the Company may have against the Executive or anyone else. All amounts payable by the Company hereunder shall be paid without notice or demand. Each and every payment made hereunder by the Company shall be final, and the Company shall not seek to recover all or any part of such payment from the Executive or from whomsoever may be entitled thereto, for any reasons whatsoever. The Executive shall not be obligated to seek other employment in mitigation of the amounts payable or arrangements made under any provision of this Agreement, and the obtaining of any such other employment shall in no event effect any reduction of the Company’s obligations to make the payments and arrangements required to be made under this Agreement, except to the extent provided in Section 2.3(hSections 2.3(e) and 2.3(f) herein.. 6.2

Appears in 1 contract

Samples: Control Severance Agreement (Mueller Water Products, Inc.)

Payment Obligations Absolute. The Company’s obligation to make the payments and the arrangements provided for herein shall be absolute and unconditional, and shall not be affected by any circumstances including, without limitation, any offset, counterclaim, recoupment, defense, or other right which the Company may have against the Executive or anyone else. All amounts payable by the Company hereunder shall be paid without notice or demand. Each and every payment made hereunder by the Company shall be final, and the Company shall not seek to recover all or any part of such payment from the Executive or from whomsoever may be entitled thereto, for any reasons whatsoever. The Executive shall not be obligated to seek other employment in mitigation of the amounts payable or arrangements made under any provision of this Agreement, and the obtaining of any such other employment shall in no event effect any reduction of the Company’s obligations to make the payments and arrangements required to be made under this Agreement, except to the extent provided in Section Sections 2.3(g) and 2.3(h) herein.

Appears in 1 contract

Samples: Control Severance Agreement (Mueller Water Products, Inc.)

Payment Obligations Absolute. The Company’s obligation to make the payments and the arrangements provided for herein shall be absolute and unconditional, and shall not be affected by any circumstances including, without limitation, any offset, counterclaim, recoupment, defense, or other right right, which the Company may have against the Executive Employee or anyone else. All amounts payable by the Company hereunder shall be paid without notice or demand. Each and every payment made hereunder by the Company shall be final, and and, except as expressly provided for in Section 5.1, the Company shall not seek to recover all or any part of such payment from the Executive Employee or from whomsoever may be entitled thereto, for any reasons whatsoever. The Executive Employee shall not be obligated to seek other employment in mitigation of the amounts payable or arrangements made under any provision of this Agreement, and the obtaining of any such other employment shall in no event effect any reduction of the Company’s obligations to make the payments and arrangements required to be made under this Agreement, except to the extent provided in Section 2.3(hSections 2.3(f) and 2.3(g) herein.

Appears in 1 contract

Samples: Control Severance Agreement (Walter Energy, Inc.)

Payment Obligations Absolute. The Company’s obligation to make the payments and the arrangements provided for herein shall be absolute and unconditional, and shall not be affected by any circumstances including, without limitation, any offset, counterclaim, recoupment, defense, or other right which the Company may have against the Executive or anyone else. All amounts payable by the Company hereunder shall be paid without notice or demand. Each and every payment made hereunder by the Company shall be final, and the Company shall not seek to recover all or any part party of such payment from the Executive or from whomsoever may be entitled thereto, for any reasons whatsoever. The Executive shall not be obligated to seek other employment in mitigation of the amounts payable or arrangements made under any provision of this Agreement, and the obtaining of any such other employment shall in no event effect any reduction of the Company’s obligations to make the payments and arrangements required to be made under this Agreement, except to the extent provided in Section Sections 2.3(g) and 2.3(h) herein.

Appears in 1 contract

Samples: Control Severance Agreement (Mueller Water Products, Inc.)

Payment Obligations Absolute. The Company’s 's obligation to make the payments and the arrangements provided for herein shall be absolute and unconditional, and shall not be affected by any circumstances including, without limitation, any offset, counterclaim, recoupment, defense, or other right which the Company may have against the Executive or anyone else. All amounts payable by the Company hereunder shall be paid without notice or demand. Each and every payment made hereunder by the Company shall be final, and the Company shall not seek to recover all or any part of such payment from the Executive or from whomsoever may be entitled thereto, for any reasons whatsoever. The Executive shall not be obligated to seek other employment in mitigation of the amounts payable or arrangements made under any provision of this Agreement, and the obtaining of any such other employment shall in no event effect any reduction of the Company’s 's obligations to make the payments and arrangements required to be made under this Agreement, except to the extent provided in Section Sections 2.3(g) and 2.3(h) herein.

Appears in 1 contract

Samples: Control Severance Agreement (Walter Industries Inc /New/)

Payment Obligations Absolute. The Company’s 's obligation to make the payments and the arrangements arrangement provided for herein shall be absolute and unconditional, and shall not be affected by any circumstances circumstances, including, without limitation, any offset, counterclaim, recoupment, defense, or other right which the Company may have against the Executive or anyone else. All amounts payable by the Company hereunder shall be paid without notice or demand. Each and every payment made hereunder by the Company shall be final, and the Company shall not seek to recover all or any part of such payment from the Executive or from whomsoever may be entitled thereto, for any reasons whatsoever. The Executive shall not be obligated to seek other employment in mitigation of the amounts payable or arrangements made under any provision of this Agreement, and the obtaining of any such other employment shall in no event effect any reduction of the Company’s 's obligations to make the payments and arrangements required to be made under this Agreement, except to the extent provided in Section 2.3(h7.1(d) herein.

Appears in 1 contract

Samples: Employment Agreement (Boatmens Bancshares Inc /Mo)

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