Common use of Set Off; Mitigation Clause in Contracts

Set Off; Mitigation. The Company’s obligation to pay Executive the amounts and to provide the benefits hereunder shall be subject to set-off, counterclaim or recoupment of amounts owed by Executive to the Company. However, Executive shall not be required to mitigate the amount of any payment provided for pursuant to this Agreement by seeking other employment or otherwise.

Set Off; Mitigation. The Company’s obligation to pay Executive the amounts provided and to provide make the benefits arrangements provided hereunder shall be subject to set-off, counterclaim or recoupment of amounts owed by Executive to the CompanyCompany or its affiliates. However, Executive shall not be required to mitigate the amount of any payment provided for pursuant to this Agreement by seeking other employment or otherwise and, except as provided in Section 8(d)(v) hereof, the amount of any payment provided for pursuant to this Agreement shall not be reduced by any compensation earned as a result of Executive’s other employment or otherwise.

Set Off; Mitigation. The Company’s obligation to pay Executive the amounts provided and to provide make the benefits arrangements provided hereunder shall not be subject to set-off, counterclaim counterclaim, or recoupment of amounts owed by Executive to the Company. However, Company or its affiliates Executive shall not be required to mitigate the amount of any payment provided for pursuant to this Agreement by seeking other employment or otherwise, and the amount of any payment provided for pursuant to this Agreement shall not be reduced by any compensation earned as a result of Executive’s other employment or otherwise.

Set Off; Mitigation. The Company’s obligation to pay Executive the amounts provided and to provide make the benefits arrangements provided hereunder shall not be subject to set-off, counterclaim counterclaim, or recoupment of amounts owed by Executive to the CompanyCompany or its affiliates. However, Executive shall not be required to mitigate the amount of any payment provided for pursuant to this Agreement by seeking other employment or otherwise., and except as provided in Section 2(f), the amount of any payment provided for pursuant to this Agreement shall not be reduced by any compensation earned as a result of Executive’s other employment or otherwise

Set Off; Mitigation. The Company’s obligation Except as otherwise provided in Section 9(o), the obligations of the Company to pay Executive the amounts provided and to provide make the benefits arrangements provided hereunder shall not be subject to set-offsetoff, counterclaim or recoupment of amounts owed by Executive to the CompanyCompany and/or its Affiliates. However, Executive shall not be required to mitigate the amount of any payment provided for pursuant to this Agreement by seeking other employment and, except as expressly provided herein, no amount payable hereunder shall be reduced by any payments or otherwisebenefits received from such subsequent employment.

Set Off; Mitigation. The Company’s obligation to pay Executive the amounts provided and to provide make the benefits arrangements provided hereunder shall shall, to the extent permitted by law, be subject to set-off, counterclaim or recoupment of amounts owed by Executive to the CompanyCompany or its affiliates. However, Executive shall not be required obligated to mitigate the amount of any payment provided for pursuant to this Agreement severance payments payable hereunder by seeking other employment employment, or otherwise, nor shall the amounts payable to Executive hereunder be reduced by compensation earned by Executive by any subsequent employer (except as expressly so provided herein).

Set Off; Mitigation. The Company’s obligation to pay Executive the amounts provided and to provide make the benefits arrangements provided hereunder shall be subject to set-off, counterclaim or recoupment of amounts owed by Executive to the CompanyCompany or its affiliates. However, Executive shall not be required to mitigate the amount of any payment provided for pursuant to this Agreement by seeking other employment or otherwise and, except as provided in Section 8(d)(iv) hereof, the amount of any payment provided for pursuant to this Agreement shall not be reduced by any compensation earned as a result of Executive’s other employment or otherwise.

Set Off; Mitigation. The Company’s obligation to pay Executive the amounts provided and to provide make the benefits arrangements provided hereunder shall not be subject to set-offsetoff, counterclaim or recoupment of amounts owed by Executive to the CompanyCompany or its Affiliates. However, Executive shall not be required to mitigate the amount of any payment provided for pursuant to this Agreement by seeking other employment and, except as expressly provided herein, no amount payable hereunder shall be reduced by any payments or otherwisebenefits received from such subsequent employment.

Set Off; Mitigation. The Company’s obligation to pay Executive the amounts provided and to provide make the benefits arrangements provided hereunder shall be subject to set-off, counterclaim or recoupment of amounts owed by Executive to the CompanyCompany or its affiliates. However, Executive shall not be required to mitigate the amount of any payment provided for pursuant to this Agreement by seeking other employment or otherwise and, except as provided in Section 8(d) hereof, the amount of any payment provided for pursuant to this Agreement shall not be reduced by any compensation earned as a result of Executive’s other employment or otherwise.

Set Off; Mitigation. The Company’s obligation obligations of Holdings and the Company to pay Executive the amounts provided and to provide make the benefits arrangements provided hereunder shall not be subject to set-offsetoff, counterclaim or recoupment of amounts owed by Executive to Holdings, the CompanyCompany or any of their respective Affiliates. However, Executive shall not be required to mitigate the amount of any payment provided for pursuant to this Agreement by seeking other employment and, except as expressly provided herein, no amount payable hereunder shall be reduced by any payments or otherwisebenefits received from such subsequent employment.

Set Off; Mitigation. The Company’s obligation to pay Executive the amounts provided and to provide make the benefits arrangements provided hereunder shall not be subject to set-off, counterclaim counterclaim, or recoupment of amounts owed by Executive to the CompanyCompany or its affiliates. However, Executive shall not be required to mitigate the amount of any payment provided for pursuant to this Agreement by seeking other employment or otherwise, and except as provided in Section 7(d)(iv) hereof, the amount of any payment provided for pursuant to this Agreement shall not be reduced by any compensation earned as a result of Executive’s other employment or otherwise.

Set Off; Mitigation. The Company’s obligation to pay Executive the amounts provided and to provide make the benefits arrangements provided hereunder shall not be subject to set-off, counterclaim or recoupment of amounts owed by Executive to the Companyrecoupment. However, Executive shall not be required to mitigate the amount of any payment provided for pursuant to this Agreement by seeking other employment or otherwise and the amount of any payment provided for pursuant to this Agreement shall not be reduced by any compensation earned as a result of Executive’s other employment or otherwise.

Set Off; Mitigation. The Company’s obligation to pay Executive the amounts provided and to provide make the benefits arrangements provided hereunder shall not be subject to set-off, counterclaim counterclaim, or recoupment of amounts owed by Executive to the CompanyCompany or its affiliates. However, Executive shall not be required to mitigate the amount of any payment provided for pursuant to this Agreement by seeking other employment or otherwise, and except as provided in Section 5(d)(vi), the amount of any payment provided for pursuant to this Agreement shall not be reduced by any compensation earned as a result of Executive’s other employment or otherwise.

Set Off; Mitigation. The Company’s 's obligation to pay Executive the amounts provided and to provide make the benefits arrangements provided hereunder shall be subject to set-off, counterclaim or recoupment of amounts owed by Executive to the CompanyCompany or its affiliates. However, Executive shall not be required to mitigate the amount of any payment provided for pursuant to this Agreement by seeking other employment or otherwise and the amount of any payment provided for pursuant to this Agreement shall not be reduced by any compensation earned as a result of Executive's other employment or otherwise.

Set Off; Mitigation. The Company’s obligation to pay Executive the amounts provided and to provide make the benefits arrangements provided hereunder shall not be subject to set-off, counterclaim counterclaim, or recoupment of amounts owed by Executive to the Company. However, Company or its affiliates Executive shall not be required to mitigate the amount of any payment provided for pursuant to this Agreement by seeking other employment or otherwise, and except as provided in Section 7(e)(v) hereof, the amount of any payment provided for pursuant to this Agreement shall not be reduced by any compensation earned as a result of Executive’s other employment or otherwise.

Set Off; Mitigation. The Company’s obligation to pay Executive the amounts provided and to provide make the benefits arrangements provided hereunder shall not be subject to set-off, counterclaim counterclaim, or recoupment of amounts owed by Executive to the CompanyCompany or its affiliates. However, Executive shall not be required to mitigate the amount of any payment provided for pursuant to this Agreement by seeking other employment or otherwise, and except as provided in Section 2(f), the amount of any payment provided for pursuant to this Agreement shall not be reduced by any compensation earned as a result of Executive’s other employment or otherwise.

Set Off; Mitigation. The Company’s obligation to pay the Executive the amounts provided and to provide make the benefits arrangements provided hereunder shall not be subject to set-off, counterclaim or recoupment of recoupment, other than amounts owed loaned or advanced to the Executive by Executive to the Company. However, The Executive shall not be required to mitigate the amount of any payment provided for pursuant to this Agreement by seeking other employment or otherwise and the amount of any payment provided for pursuant to this Agreement shall not be reduced by any compensation earned as a result of the Executive’s other employment or otherwise.

Set Off; Mitigation. The Company’s obligation to pay Executive the amounts provided and to provide make the benefits arrangements provided hereunder shall be subject to set-off, counterclaim or recoupment of amounts lawfully owed by Executive to the CompanyCompany or its affiliates. However, Executive shall not be required to mitigate the amount of any payment provided for pursuant to this Agreement by seeking other employment or otherwise and, except as provided in Section 8(d)(iv) hereof, the amount of any payment provided for pursuant to this Agreement shall not be reduced by any compensation earned as a result of Executive’s other employment or otherwise.

Set Off; Mitigation. The Company’s obligation to pay Executive the amounts provided and to provide make the benefits arrangements provided hereunder shall not be subject to set-set off, counterclaim or recoupment of amounts owed by Executive to the Company. However, Executive shall not be required to mitigate the amount of any payment provided for pursuant to this Agreement by seeking other employment Company or otherwiseits affiliates.

Set Off; Mitigation. The Company’s obligation to pay Executive the amounts provided and to provide make the benefits arrangements provided hereunder shall not be subject to set-off, counterclaim counterclaim, or recoupment of amounts owed by Executive to the CompanyCompany or its Affiliates. However, Executive shall not be required to mitigate the amount of any payment provided for pursuant to this Agreement by seeking other employment or otherwise, and except as provided in Section 7(e)(vi) hereof, the amount of any payment provided for pursuant to this Agreement shall not be reduced by any compensation earned as a result of Executive’s other employment or otherwise.

Set Off; Mitigation. The Company’s obligation to pay Executive the amounts and to provide the benefits hereunder shall not be subject to set-off, counterclaim or recoupment of amounts owed by Executive to the Company. However, Executive shall not be required to mitigate the amount of any payment provided for pursuant to this Agreement by seeking other employment or otherwise.

Set Off; Mitigation. The Company’s obligation to pay Executive the amounts provided and to provide make the benefits arrangements provided hereunder shall not be subject to set-offsetoff, counterclaim or recoupment of amounts owed by Executive to the CompanyCompany or its affiliates. However, Executive shall not be required to mitigate the amount of any payment provided for pursuant to this Agreement by seeking other employment and, except as expressly provided herein, no amount payable hereunder shall be reduced by any payments or otherwisebenefits received from such subsequent employment.

Set Off; Mitigation. The Company’s obligation to pay the Executive the amounts and to provide the benefits hereunder shall be subject to set-off, counterclaim or recoupment of amounts determined by a final judicial or arbitral decision to be owed by the Executive to the Company for a breach of this Agreement or his fiduciary duties to the Company. However, the Executive shall not be required to mitigate the amount of any payment provided for pursuant to this Agreement by seeking other employment or otherwise.

Set Off; Mitigation. The CompanyCorporation’s obligation to pay Executive the amounts and to provide the benefits hereunder shall be subject to set-off, counterclaim or recoupment of amounts determined by a final judicial or arbitral decision to be owed by Executive to the CompanyCorporation for a breach of this Agreement or her fiduciary duties to the Corporation. However, Executive shall not be required to mitigate the amount of any payment provided for pursuant to this Agreement by seeking other employment or otherwise.

Set Off; Mitigation. The Company’s obligation to pay Executive the amounts provided and to provide make the benefits arrangements provided hereunder shall be subject to set-off, counterclaim or recoupment of amounts owed by Executive to the CompanyCompany or its affiliates. However, Executive shall not be required to mitigate the amount of any payment provided for pursuant to this Agreement by seeking other employment or otherwise and, except with respect to COBRA benefits as provided in Section 8(d)(iv) hereof, the amount of any payment provided for pursuant to this Agreement shall not be reduced by any compensation earned as a result of Executive’s other employment or otherwise.

Set Off; Mitigation. The Company’s obligation to pay Executive the amounts and to provide the benefits obligations hereunder shall not be subject to affected by any set-off, counterclaim off or recoupment of amounts owed by Executive to other claim the CompanyCompany may have against Executive. However, Executive shall not be required obligated to mitigate the amount of any payment provided for pursuant to this Agreement by seeking seek other employment or take any action by way of mitigation of the amounts payable to Executive under any of the provisions of this Agreement, and any compensation received by Executive subsequent to Executive’s termination of employment with the Company shall not reduce any amounts due to Executive from the Company hereunder or otherwise.

Set Off; Mitigation. The CompanyCorporation’s obligation to pay Executive the amounts and to provide the benefits hereunder shall be subject to set-off, counterclaim or recoupment of amounts determined by a final judicial or arbitral decision to be owed by Executive to the CompanyCorporation for a breach of this Agreement or his fiduciary duties to the Corporation. However, Executive shall not be required to mitigate the amount of any payment provided for pursuant to this Agreement by seeking other employment or otherwise.

Set Off; Mitigation. The Company’s obligation to pay Executive the amounts provided and to provide make the benefits arrangements provided hereunder shall not be subject to set-offsetoff, counterclaim or recoupment of amounts owed by Executive to the CompanyCompany or its affiliates. However, Executive shall not be required to mitigate the amount of any payment provided for pursuant to this Agreement by seeking other employment or otherwiseemployment.

Set Off; Mitigation. The Company’s 's obligation to pay Executive the amounts provided and to provide make the benefits arrangements provided hereunder shall be subject to set-off, counterclaim counterclaim, or recoupment of amounts owed by Executive to the CompanyCompany or its affiliates. However, Executive shall not be required to mitigate the amount of any payment provided for pursuant to this Agreement by seeking other employment or otherwise, and the amount of any payment provided for pursuant to this Agreement shall not be reduced by any compensation earned as a result of Executive's other employment or otherwise.

Set Off; Mitigation. The Company’s obligation to pay the Executive the amounts and to provide the benefits hereunder shall be subject to set-off, counterclaim or recoupment of amounts owed by the Executive to the Company. However, Executive shall not be required to mitigate the amount of any payment provided for pursuant to this Agreement by seeking other employment or otherwise.

Set Off; Mitigation. The Company’s obligation obligations of the Company to pay Executive the amounts provided and to provide make the benefits arrangements provided hereunder shall not be subject to set-offsetoff, counterclaim or recoupment of amounts owed by Executive to the CompanyCompany or any of its Affiliates. However, Executive shall not be required to mitigate the amount of any payment provided for pursuant to this Agreement by seeking other employment and, except as expressly provided herein, no amount payable hereunder shall be reduced by any payments or otherwisebenefits received from such subsequent employment.

Set Off; Mitigation. The Company’s obligation to pay Executive the amounts provided and to provide make the benefits arrangements provided hereunder shall not be subject to set-off, counterclaim or recoupment of recoupment, other than amounts loaned or advanced to Executive by the Company or its Affiliates, amounts owed by Executive to under the CompanyIncentive Plan. However, Executive shall not be required to mitigate the amount of any payment provided for pursuant to this Agreement by seeking other employment or otherwise and the amount of any payment provided for pursuant to this Agreement shall not be reduced by any compensation earned as a result of Executive’s other employment or otherwise.

Set Off; Mitigation. The Company’s obligation to pay Executive the amounts provided and to provide make the benefits arrangements provided hereunder shall not be subject to set-off, counterclaim or recoupment of recoupment, other than amounts owed loaned or advanced to Executive by Executive to the CompanyCompany or its affiliates or otherwise as provided in Section 7(c) hereof. However, Executive shall not be required to mitigate the amount of any payment provided for pursuant to this Agreement by seeking other employment or otherwise and the amount of any payment provided for pursuant to this Agreement shall not be reduced by any compensation earned as a result of Executive’s other employment or otherwise.

Set Off; Mitigation. The Company’s obligation to pay the Executive the amounts provided and to provide make the benefits arrangements provided hereunder shall not be subject to set-off, counterclaim counterclaim, or recoupment of amounts owed by the Executive to the CompanyCompany or its affiliates. However, The Executive shall not be required to mitigate the amount of any payment provided for pursuant to this Agreement by seeking other employment or otherwise, and the amount of any payment provided for pursuant to this Agreement shall not be reduced by any compensation earned as a result of the Executive’s other employment or otherwise.

Set Off; Mitigation. The Company’s obligation to pay Executive the amounts provided and to provide make the benefits arrangements provided hereunder shall not be subject to set-off, counterclaim or recoupment of recoupment, other than amounts loaned or advanced to Executive by the Company or its Affiliates or amounts owed by Executive to under the CompanyIncentive Plan. However, Executive shall not be required to mitigate the amount of any payment provided for pursuant to this Agreement by seeking other employment or otherwise and the amount of any payment provided for pursuant to this Agreement shall not be reduced by any compensation earned as a result of Executive’s other employment or otherwise.

Set Off; Mitigation. The Company’s obligation to pay the Executive the amounts and to provide the benefits hereunder shall be subject to set-off, counterclaim or recoupment of amounts owed by the Executive to the Company. HoweverFurther, the Executive shall not be required to mitigate the amount of any payment provided for pursuant to this Agreement by promptly seeking other employment or otherwise.