Common use of Set Off; Mitigation Clause in Contracts

Set Off; Mitigation. The Company's obligation to pay Employee the amounts provided and to make the arrangements provided hereunder shall be subject to set-off, counterclaim or recoupment of amounts ascertainable to a sum certain owed by Employee to the Company or its affiliates. Employee 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 Employee's other employment or otherwise.

Appears in 6 contracts

Samples: Employment Agreement (Spheris Leasing LLC), Employment Agreement (Spheris Leasing LLC), Employment Agreement (Spheris Operations Inc.)

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Set Off; Mitigation. The Company's ’s obligation to pay Employee the amounts provided and to make the arrangements provided hereunder shall be subject to set-off, counterclaim or recoupment of amounts ascertainable to a sum certain owed by Employee to the Company or its subsidiaries or affiliates. Employee 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 Employee's ’s other employment or otherwise.

Appears in 6 contracts

Samples: Executive Employment Agreement (Flux Power Holdings, Inc.), Employment Agreement (Aerocentury Corp), Executive Employment Agreement (Flux Power Holdings, Inc.)

Set Off; Mitigation. The Company's obligation to pay Employee the amounts provided and to make the arrangements provided hereunder shall be subject to set-off, counterclaim or recoupment of amounts ascertainable to a sum certain owed by Employee to the Company or its subsidiaries or affiliates. Employee 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 Employee's other employment or otherwise.

Appears in 2 contracts

Samples: Amended and Restated Agreement (Sturm Ruger & Co Inc), Amended and Restated Agreement (Sturm Ruger & Co Inc)

Set Off; Mitigation. The Company's ’s obligation to pay Employee the amounts provided and to make the arrangements provided hereunder shall not be subject to set-off, counterclaim counterclaim, or recoupment of amounts ascertainable to a sum certain owed by Employee to the Company or its affiliates. Employee 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 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 Employee's ’s other employment or otherwise.

Appears in 1 contract

Samples: Employment Agreement (Spheris Inc.)

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Set Off; Mitigation. The Company's ’s obligation to pay Employee the amounts provided and to make the arrangements provided hereunder shall be subject to set-off, counterclaim or recoupment of amounts ascertainable to a sum certain owed by Employee to the Company or its affiliates. Employee 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 Employee's ’s other employment or otherwise.

Appears in 1 contract

Samples: Employment Agreement (Spheris Inc.)

Set Off; Mitigation. The Company's obligation to pay Employee the amounts provided and to make the arrangements provided hereunder shall be subject to set-off, counterclaim or recoupment of amounts ascertainable to a sum certain owed by Employee to the Company or its affiliates; provided, however, that the Company's right to set-off counterclaim or recoupment hereunder shall not apply to the payments provided under Section 8(g) of this Agreement. Employee 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 Employee's other employment or otherwise.

Appears in 1 contract

Samples: Employment Agreement (Spheris Leasing LLC)

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