Common use of Set Off; Mitigation Clause in Contracts

Set Off; Mitigation. The Company’s obligation to pay Executive the amounts provided and to make the arrangements provided hereunder shall not be subject to set-off, counterclaim or recoupment, other than amounts loaned or advanced to Executive by the Company or its affiliates, amounts owed by Executive under the Equity Documents, or otherwise as provided in Section 7(c) hereof. 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.

Appears in 6 contracts

Samples: Employment Agreement (Toys R Us Inc), Employment Agreement (Toys R Us Inc), Employment Agreement (Toys R Us Inc)

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Set Off; Mitigation. The Company’s obligation to pay Executive the amounts provided and to make the arrangements provided hereunder shall not be subject to set-off, counterclaim or recoupment, other than except for any amounts loaned or advanced to Executive by the Company or its affiliates, amounts owed by Executive under the Equity Documents, affiliates or otherwise as provided in Section 7(c8(c)(iii) hereof. Notwithstanding the foregoing, 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.

Appears in 5 contracts

Samples: Employment Agreement (Texas Genco Inc.), Employment Agreement (Texas Genco Inc.), Employment Agreement (Texas Genco Inc.)

Set Off; Mitigation. The Company’s obligation to pay Executive the amounts provided and to make the arrangements provided hereunder shall not be subject to set-off, counterclaim or recoupment, other than amounts loaned or advanced to Executive by the Company or its affiliates, amounts owed by Executive under the Equity DocumentsIncentive Plans, or otherwise as provided in Section 7(c) hereof. 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.

Appears in 5 contracts

Samples: Employment Agreement (Toys R Us Inc), Employment Agreement (Toys R Us Inc), Employment Agreement (Toys R Us Inc)

Set Off; Mitigation. The Company’s obligation to pay Executive the amounts provided and to make the arrangements provided hereunder shall not be subject to set-off, counterclaim or recoupment, other than amounts loaned or advanced to Executive by the Company or its affiliates, amounts owed by Executive under the Equity Documents, Affiliates or otherwise as provided in Section 7(c7(c)(ii)(C) hereof. 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.

Appears in 3 contracts

Samples: Employment Agreement (Visant Corp), Employment Agreement (Visant Corp), Employment Agreement (Visant Corp)

Set Off; Mitigation. The CompanyEmployer’s obligation to pay Executive the amounts provided and to make the arrangements provided hereunder shall not be subject to set-off, counterclaim or recoupment, other than amounts loaned or advanced to Executive by the Company or its affiliates, amounts owed by Executive under the Equity Documents, Affiliates or otherwise as provided in Section 7(c8(c) hereof. 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.

Appears in 2 contracts

Samples: Employment Agreement (Jostens Holding Corp), Employment Agreement (Visant Holding Corp)

Set Off; Mitigation. The Company’s obligation to pay Executive the amounts provided and to make the arrangements provided hereunder shall not be subject to set-off, counterclaim or recoupment, other than recoupment of amounts loaned or advanced owed by Executive to Executive by the Company or its affiliates, other than any amounts owed by Executive under the Equity Documents, or otherwise due and owing as provided in for under Section 7(c8(c)(iii)(B) hereof. 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.

Appears in 1 contract

Samples: Employment Agreement (Frontier Communications Corp)

Set Off; Mitigation. The Company’s obligation to pay Executive the amounts provided and to make the arrangements provided hereunder shall not be subject to set-off, counterclaim or recoupment, other than amounts loaned or advanced to Executive by the Company or its affiliates, [amounts provided to Executive pursuant to Section 5(b) as per the terms thereof.] amounts owed by Executive under the Equity DocumentsIncentive Plan, or otherwise as provided in Section 7(c) hereof. 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.

Appears in 1 contract

Samples: Employment Agreement (Toys R Us Inc)

Set Off; Mitigation. The Company’s obligation to pay Executive the amounts provided and to make the arrangements provided hereunder shall not be subject to set-off, counterclaim counterclaim, or recoupment, other than recoupment of amounts loaned or advanced owed by Executive to Executive by the Company or its affiliates, amounts owed by Executive under the Equity Documents, or otherwise as provided in Section 7(c) hereof. Executive shall not be required to mitigate the amount of any payment provided for pursuant to this Agreement by seeking other employment or otherwise otherwise, and except as provided in Section 6(b)(iii) and Section 6(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.

Appears in 1 contract

Samples: Executive Employment Agreement (SeaWorld Entertainment, Inc.)

Set Off; Mitigation. The Company’s 's obligation to pay Executive the amounts provided and to make the arrangements provided hereunder shall not be subject to set-off, counterclaim or recoupment, other than recoupment of amounts loaned or advanced owed by Executive to Executive by the Company or its affiliates, other than any amounts owed by Executive under the Equity Documents, or otherwise due and owing as provided in for under Section 7(c8(c)(iii)(B) hereof. 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 's other employment or otherwise.

Appears in 1 contract

Samples: Employment Agreement (Citizens Communications Co)

Set Off; Mitigation. The Company’s obligation to pay Executive the amounts provided and to make the arrangements provided hereunder shall not be subject to set-off, counterclaim or recoupment, other than amounts loaned or advanced to Executive by the Exhibit 10.49 Company or its affiliates, amounts owed by Executive under the Equity DocumentsIncentive Plans, or otherwise as provided in Section 7(c) hereof. 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.

Appears in 1 contract

Samples: Employment Agreement (Toys R Us Inc)

Set Off; Mitigation. The Company’s obligation to pay Executive the amounts provided and to make the arrangements provided hereunder shall not be subject to set-set- off, counterclaim or recoupment, other than amounts loaned or advanced to Executive by the Company or its affiliates, amounts owed by Executive under the Equity DocumentsIncentive Plans, or otherwise as provided in Section 7(c) hereof. 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.

Appears in 1 contract

Samples: Employment Agreement (Toys R Us Inc)

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

Appears in 1 contract

Samples: Execution Version (SeaWorld Entertainment, Inc.)

Set Off; Mitigation. The Company’s obligation to pay Executive the amounts provided and to make the arrangements provided hereunder shall not be subject to set-off, counterclaim or recoupment, other than amounts loaned or advanced to Executive by the Company or its affiliates, amounts provided to Executive pursuant to Section 4(b) and Section 5(d) as per the terms thereof, amounts owed by Executive under the Equity DocumentsIncentive Plan, or otherwise as provided in Section 7(c) hereof. 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.

Appears in 1 contract

Samples: Employment Agreement (Toys R Us Inc)

Set Off; Mitigation. The Company’s obligation to pay Executive the amounts provided and to make the arrangements provided hereunder shall not be subject to set-off, counterclaim or recoupment, other than recoupment of amounts loaned or advanced owed by Executive to Executive by the Company or its affiliates, other than any amounts owed by Executive under the Equity Documents, or otherwise due and owing as provided in for under Section 7(c8(c)(iii)(C) hereof. 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.

Appears in 1 contract

Samples: Employment Agreement (Frontier Communications Corp)

Set Off; Mitigation. The Company’s 's obligation to pay Executive the amounts provided and to make the arrangements provided hereunder shall not be subject to set-off, counterclaim or recoupment, other than recoupment of amounts loaned or advanced owed by Executive to Executive by the Company or its affiliates, other than any amounts owed by Executive under the Equity Documents, or otherwise due and owing as provided in for under Section 7(c8(c)(iii)(C) hereof. 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 's other employment or otherwise.

Appears in 1 contract

Samples: Employment Agreement (Frontier Communications Corp)

Set Off; Mitigation. The Company’s obligation to pay Executive the amounts provided and to make the arrangements provided hereunder shall not be subject to set-off, counterclaim counterclaim, or recoupment, other than recoupment of amounts loaned or advanced owed by Executive to Executive by the Company or its affiliates, amounts owed by Executive under the Equity Documents, or otherwise as provided in Section 7(c) hereof. Executive shall not be required to mitigate the amount of any payment provided for pursuant to this Agreement by seeking other employment or otherwise otherwise, and except as provided in Section 6(b)(iii) and Section 6(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.

Appears in 1 contract

Samples: Executive Employment Agreement (SeaWorld Entertainment, Inc.)

Set Off; Mitigation. The Company’s 's obligation to pay Executive the amounts provided and to make the arrangements provided hereunder shall not be subject to set-off, counterclaim or recoupment, other than amounts loaned or advanced to Executive by the Company or its affiliates, amounts owed by Executive under the Equity Documents, or otherwise as provided in Section 7(c) hereof. 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 's other employment or otherwise.

Appears in 1 contract

Samples: Employment Agreement (Toys R Us Inc)

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