Common use of Settlement of Claims Clause in Contracts

Settlement of Claims. The Company’s obligation to make the payments provided for in this Agreement and otherwise to perform its obligations hereunder shall not be affected by any circumstances, including, without limitation, any set-off, counterclaim, recoupment, defense or other right which the Company may have against the Executive or others.

Appears in 83 contracts

Samples: Employment Agreement (Neff Rental Inc), Severance Protection Agreement (Century Aluminum Co), Severance Protection and Non Competition Agreement (Abc Bancorp)

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Settlement of Claims. The Company’s 's obligation to make the payments provided for in this Agreement and otherwise to perform its obligations hereunder shall not be affected by any circumstances, including, without limitation, any set-off, counterclaim, defense, recoupment, defense or other right which the Company may have against the Executive or others.

Appears in 13 contracts

Samples: Severance Protection Agreement (Information Resources Inc), Severance Protection Agreement (Gadzooks Inc), Severance Protection Agreement (Gadzooks Inc)

Settlement of Claims. The Company’s 's obligation to make the payments -------------------- provided for in this Agreement and otherwise to perform its obligations hereunder shall not be affected by any circumstances, including, without limitation, any set-off, counterclaim, recoupment, defense or other right which the Company may have against the Executive or others.

Appears in 13 contracts

Samples: Employment Agreement (Yurie Systems Inc), Change of Control Agreement (Marshall & Ilsley Corp/Wi/), Change of Control Agreement (Metavante Corp)

Settlement of Claims. The CompanyCorporation’s obligation to make the payments provided for in this Agreement and otherwise to perform its obligations hereunder shall not be affected by any circumstances, including, without limitation, any set-off, counterclaim, recoupment, defense or other right which the Company Corporation may have against the Executive or others.

Appears in 12 contracts

Samples: Retention Agreement (Hansen Medical Inc), Retention Agreement (Hansen Medical Inc), Retention Agreement (Hansen Medical Inc)

Settlement of Claims. The Company’s 's obligation to make the -------------------- payments provided for in this Agreement and otherwise to perform its obligations hereunder shall not be affected by any circumstances, including, without limitation, any set-off, counterclaim, defense, recoupment, defense or other right which the Company may have against the Executive or others.

Appears in 12 contracts

Samples: Severance Protection Agreement (Pennsylvania Electric Co), Severance Protection Agreement (Gpu Inc /Pa/), Severance Protection Agreement (Pennsylvania Electric Co)

Settlement of Claims. The Company’s 's obligation to make the payments provided for in this Agreement and otherwise to perform its obligations hereunder shall not be affected by any circumstances, including, without limitation, any set-off, counterclaim, recoupment, defense or other right which the Company may have against the Executive or others. The Company may, however, withhold from any benefits payable under this Agreement all federal, state, city, or other taxes as shall be required pursuant to any law or governmental regulation or ruling.

Appears in 10 contracts

Samples: Employment Agreement (El Banco Financial Corp), Employment Agreement (El Banco Financial Corp), Employment Agreement (El Banco Financial Corp)

Settlement of Claims. The Company’s 's obligation to make the -------------------- payments provided for in this Agreement and otherwise to perform its obligations hereunder shall not be affected by any circumstances, including, without limitation, any set-off, counterclaim, recoupment, defense or other right which the Company may have against the Executive or others.

Appears in 10 contracts

Samples: Restricted Stock Agreement (Limited Inc), Severance Protection Agreement (Barrett Resources Corp), Restricted Stock Agreement (Abercrombie & Fitch Co /De/)

Settlement of Claims. The Company’s obligation to make the payments provided for in this Agreement and to otherwise to perform its obligations hereunder shall not be affected by any circumstances, including, without limitation, any set-off, counterclaim, recoupment, defense or other right which the Company may have against the Executive or others. The Company may, however, withhold from any benefits payable under this Agreement all federal, state, city or other taxes as shall be required pursuant to any law or governmental regulation or ruling.

Appears in 9 contracts

Samples: Employment Agreement (Affirmative Insurance Holdings Inc), Employment Agreement (Peoples Banctrust Co Inc), Employment Agreement (Affirmative Insurance Holdings Inc)

Settlement of Claims. The Company’s obligation to make the payments provided for in this Agreement and otherwise to perform its obligations hereunder shall not be affected by any circumstances, including, without limitation, any set-off, counterclaim, recoupment, defense or other right which the Company may have against the Executive Employee or others.

Appears in 7 contracts

Samples: Confidential Separation and Release Agreement (Mobile Mini Inc), Confidential Separation and Release Agreement (Mobile Mini Inc), Confidential Separation and Release Agreement (Mobile Mini Inc)

Settlement of Claims. The Company’s obligation to make the payments provided for in this Agreement and otherwise to perform its obligations hereunder shall not be affected by any circumstances, including, without limitation, any set-off, counterclaim, recoupment, defense defense, or other right which the Company may have against the Executive or others.

Appears in 7 contracts

Samples: Employment Agreement (Limited Brands Inc), Employment Agreement (Limited Brands Inc), Employment Agreement (Limited Brands Inc)

Settlement of Claims. The CompanyEmployer’s obligation to make the payments provided for in this Agreement and otherwise to perform its obligations hereunder shall not be affected by any circumstances, including, without limitation, any set-off, counterclaim, defense, recoupment, defense or other right which the Company Employer may have against the Executive or others.

Appears in 7 contracts

Samples: Change in Control Severance Agreement (Community Health Systems Inc), Change in Control Severance Agreement (Quorum Health Corp), Change in Control Severance Agreement (Community Health Systems Inc)

Settlement of Claims. The Company’s 's obligation to make the payments provided for in this Agreement and otherwise to perform its obligations hereunder shall not be affected by any circumstances, including, without limitation, any set-off, counterclaim, recoupment, defense or other right which the Company may have against the Executive Employee or others.

Appears in 7 contracts

Samples: Employment Agreement (Bidz.com, Inc.), Employment Agreement (Bidz.com, Inc.), Employment Agreement (Ribapharm Inc)

Settlement of Claims. The CompanyCorporation’s obligation to make the payments provided for in this Agreement and otherwise to perform its obligations hereunder shall not be affected by any circumstances, including, without limitation, any set-off, counterclaim, defense, recoupment, defense or other right which the Company Corporation may have against the Executive or others.

Appears in 7 contracts

Samples: Severance Protection Agreement (CommScope Holding Company, Inc.), Severance Protection Agreement (CommScope Holding Company, Inc.), Severance Protection Agreement (Commscope Inc)

Settlement of Claims. The Company’s Corporation's obligation to make the payments provided for in this Agreement and otherwise to perform its obligations hereunder shall not be affected by any circumstances, including, without limitation, any set-off, counterclaim, defense, recoupment, defense or other right which the Company Corporation may have against the Executive or others.

Appears in 6 contracts

Samples: Severance Protection Agreement (Motorola Inc), Severance Protection Agreement (General Semiconductor Inc), Employment Agreement (Brunswick Technologies Inc)

Settlement of Claims. The CompanyCorporation’s obligation to make the payments payment provided for in this Agreement and otherwise to perform its obligations hereunder shall not be affected by any circumstances, including, without limitation, any set-off, counterclaim, recoupmentdefense, defense recoupment or other right which the Company Corporation may have against the Executive or othersExecutive.

Appears in 6 contracts

Samples: Change in Control Agreement (Saga Communications Inc), Change in Control Agreement (Saga Communications Inc), Change in Control Agreement (Saga Communications Inc)

Settlement of Claims. The Company’s 's obligation to make the payments payment provided for in this Agreement and otherwise to perform its obligations hereunder shall not be affected by any circumstances, including, without limitation, any set-off, counterclaim, recoupment, defense or other right which the Company may have against the Executive or others.

Appears in 6 contracts

Samples: Change in Control Agreement (Aml Communications Inc), Change in Control Agreement (Aml Communications Inc), Change in Control Agreement (Aml Communications Inc)

Settlement of Claims. The Company’s 's obligation to make the payments provided for in this Agreement and otherwise to perform its obligations hereunder shall not be affected by any circumstances, including, without limitation, any set-off, counterclaim, recoupment, defense defense, or other right which the Company may have against the Executive or others.

Appears in 6 contracts

Samples: Employment Agreement (Limited Brands Inc), Employment Agreement (Limited Brands Inc), Employment Agreement (Limited Brands Inc)

Settlement of Claims. The Company’s 's obligation to make the payments provided for in this Agreement and otherwise to perform its obligations hereunder shall will not be affected by any circumstances, including, without limitation, any set-off, counterclaim, recoupment, defense or other right which the Company may have against the Executive or others.

Appears in 6 contracts

Samples: Executive Employment Agreement (Cobalis Corp), Executive Employment Agreement (Cobalis Corp), Executive Employment Agreement (Cobalis Corp)

Settlement of Claims. The Company’s 's obligation to make the payments provided for in this Agreement and to otherwise to perform its obligations hereunder shall not be affected by any circumstances, including, without limitation, any set-off, counterclaim, recoupment, defense or other right which the Company may have against the Executive or others.. The Company may, however, withhold from any benefits payable under this Agreement all federal, state, city or other taxes as shall be required pursuant to any law or governmental regulation or ruling,

Appears in 6 contracts

Samples: Employment Agreement (Vesta Insurance Group Inc), Employment Agreement (Banc Corp), Employment Agreement (Banc Corp)

Settlement of Claims. The Company’s obligation to make the payments provided for in this Agreement and otherwise to perform its obligations hereunder shall not be affected by any circumstances, including, without limitation, any set-off, counterclaim, recoupment, defense or other right which the Company may have against the Executive or others. The Company may, however, withhold from any benefits payable under this Agreement all federal, state, city, or other taxes as shall be required pursuant to any law or governmental regulation or ruling.

Appears in 5 contracts

Samples: Employment Agreement (Benefitfocus,Inc.), Employment Agreement (Private Business Inc), Employment Agreement (Benefitfocus,Inc.)

Settlement of Claims. The Company’s 's obligation to make the payments provided for in this Agreement and otherwise to perform its obligations hereunder shall not be affected by any circumstances, including, without limitation, any set-off, counterclaim, recoupment, defense or other right which the Company may have against the Executive Protected Officer or others.

Appears in 5 contracts

Samples: Compensation Protection Agreement (American Pharmaceutical Partners Inc /Ca/), Compensation Protection Agreement (Verio Inc), Compensation Protection Agreement (Tcsi Corp)

Settlement of Claims. The Company’s obligation to make the payments provided for in this Agreement and otherwise to perform its obligations hereunder shall not be affected by any circumstances, including, without limitation, any set-off, counterclaim, recoupment, defense or other right which the Company may have against the Executive or othersExecutive.

Appears in 5 contracts

Samples: Share Option Agreement (Reign Sapphire Corp), Employment Agreement (Reign Sapphire Corp), Employment Agreement (Fogo De Chao, Inc.)

Settlement of Claims. The CompanyEmployer’s obligation to make the payments provided for in this Agreement and otherwise to perform its obligations hereunder shall not be affected by any circumstances, including, without limitation, any set-off, counterclaim, recoupment, defense or other right which the Company may have against the Executive or others.

Appears in 5 contracts

Samples: Change in Control Agreement (Eop Operating LTD Partnership), Change in Control Agreement (Equity Office Properties Trust), Change in Control Agreement (Eop Operating LTD Partnership)

Settlement of Claims. The Company’s obligation to make the payments provided for in this Agreement and otherwise to perform its obligations hereunder shall not be affected by any circumstances, including, without limitation, any set-off, counterclaim, defense, recoupment, defense or other right which the Company may have against the Executive or others.

Appears in 5 contracts

Samples: Severance Protection Agreement (NMS Communications Corp), Severance Protection Agreement (LiveWire Mobile, Inc.), Severance Protection Agreement (NMS Communications Corp)

Settlement of Claims. The Company’s obligation 's obligations to make the payments provided for in this Agreement and otherwise to perform its obligations hereunder shall not be affected by any circumstances, including, including without any limitation, any set-offoff (except against the amount actually owed by the Executive to the Company as evidenced by promissory notes, loan agreements and similar documents executed by the Executive), counterclaim, defense, recoupment, defense or other right rights which the Company may have against the Executive or others.

Appears in 4 contracts

Samples: Employment Agreement (Triumph Group Inc /), Employment Agreement (Triumph Group Inc /), Employment Agreement (Triumph Group Inc /)

Settlement of Claims. The Company’s 's obligation to make the payments provided for in this Agreement and to otherwise to perform its obligations hereunder shall not be affected by any circumstances, including, without limitation, any set-off, counterclaim, recoupment, defense or other right which the Company may have against the Executive or others. The Company may, however, withhold from any benefits payable under this Agreement all federal, state, city or other taxes as shall be required pursuant to any law or governmental regulation or ruling.

Appears in 4 contracts

Samples: Employment Agreement (Vesta Insurance Group Inc), Employment Agreement (Banc Corp), Employment Agreement (Banc Corp)

Settlement of Claims. The Company’s obligation to make the payments provided for in this Agreement and otherwise to perform its obligations hereunder shall not be affected by any circumstances, including, without limitation, any set-off, counterclaim, recoupment, defense or other right which the Company may have against the an Executive or others.

Appears in 4 contracts

Samples: Severance Agreement (Kyphon Inc), Severance Agreement (Kyphon Inc), Severance Agreement (Terayon Communication Systems)

Settlement of Claims. The Company’s 's obligation to make the payments -------------------- provided for in this Agreement and to otherwise to perform its obligations hereunder shall not be affected by any circumstances, including, without limitation, any set-off, counterclaim, recoupment, defense or other right which the Company may have against the Executive or others. The Company may, however, withhold from any benefits payable under this Agreement all federal, state, city or other taxes as shall be required pursuant to any law or governmental regulation or ruling.

Appears in 3 contracts

Samples: Employment Agreement (Vesta Insurance Group Inc), Employment Agreement (Vesta Insurance Group Inc), Employment Agreement (Vesta Insurance Group Inc)

Settlement of Claims. The Company’s 's obligation to make the payments payment provided for in this Agreement and otherwise to perform its obligations hereunder shall not be affected by any circumstances, including, without limitation, any set-off, counterclaim, recoupment, defense or other right which the Company may have against the Executive or others.

Appears in 3 contracts

Samples: Termination and Change in Control Agreement (Aml Communications Inc), Termination and Change in Control Agreement (Aml Communications Inc), Termination and Change in Control Agreement (Aml Communications Inc)

Settlement of Claims. The Company’s 's obligation to make the payments provided for in this Agreement and otherwise to perform its obligations hereunder shall not be affected by any circumstances, including, without limitation, any set-off, counterclaim, recoupment, defense or other right which the Company may have against the Executive Employee or others. The Company may, however, withhold from any benefits payable under this Agreement all federal, state, city or other taxes as shall be required pursuant to any law or governmental regulation or ruling.

Appears in 3 contracts

Samples: Employment Agreement (Maxxis Group Inc), Employment Agreement (Maxxis Group Inc), Employment Agreement (Maxxis Group Inc)

Settlement of Claims. The Company’s obligation to make the payments provided for in this Agreement and otherwise to perform its obligations hereunder shall not be affected by any circumstances, including, without limitation, any set-off, counterclaim, defense, recoupment, defense or other right which the Company may have against the Executive or others.

Appears in 3 contracts

Samples: Executive Employment Agreement (Genesis Energy Lp), Executive Employment Agreement (Genesis Energy Lp), Executive Employment Agreement (Genesis Energy Lp)

Settlement of Claims. The Company’s obligation to make the payments provided for in this Agreement and otherwise to perform its obligations hereunder shall not be affected by any circumstances, including, without limitation, any set-off, counterclaim, recoupment, defense or other right which the Company may have against the Executive Employee or others.

Appears in 2 contracts

Samples: Employment Agreement (Bidz.com, Inc.), Employment Agreement (Bidz.com, Inc.)

Settlement of Claims. The Company’s obligation to make the payments provided for in this Agreement and otherwise to perform its obligations hereunder shall not be affected by any circumstances, including, without limitation, any set-off, counterclaim, recoupmentdefense, defense recoupment or other right which the Company may have against the Executive or others. The Executive shall not be required to mitigate the amount of any payment provided for in this Agreement by seeking other employment or otherwise.

Appears in 2 contracts

Samples: Change in Control Agreement (Adesa Inc), Change in Control Agreement (Adesa Inc)

Settlement of Claims. The Company’s 's obligation to make the payments -------------------- provided for in this Agreement and to otherwise to perform its obligations hereunder shall not be affected by any circumstances, including, without limitation, any set-off, counterclaim, recoupment, defense or other right which the Company may have against the Executive or others.. The Company may, however, withhold from any benefits payable under this Agreement all federal, state, city or other taxes as shall be required pursuant to any law or governmental regulation or ruling,

Appears in 2 contracts

Samples: Employment Agreement (Vesta Insurance Group Inc), Employment Agreement (Vesta Insurance Group Inc)

Settlement of Claims. The Except as expressly provided herein, the Company’s obligation to make the payments provided for in this Agreement and otherwise to perform its obligations hereunder shall not be affected by any circumstances, including, without limitation, any set-off, counterclaim, recoupment, defense or other right which the Company may have against the Executive Officer or others, provided that all amounts payable hereunder shall be subject to all applicable tax withholding.

Appears in 2 contracts

Samples: Compensation and Severance Agreement (Restoration Hardware Inc), Compensation and Severance Agreement (Restoration Hardware Holdings Inc)

Settlement of Claims. The Subject to Section 3.3, the Company’s obligation to make the payments provided for in this Agreement and otherwise to perform its obligations hereunder shall not be affected by any circumstances, including, without limitation, any set-off, counterclaim, recoupment, defense or other right which the Company may have against the Executive or others.

Appears in 2 contracts

Samples: Agreement (Campbell Soup Co), Agreement (Campbell Soup Co)

Settlement of Claims. The Company’s 's obligation to make the payments provided for in this Agreement and otherwise to perform its obligations hereunder shall not be affected by any circumstancescircumstance, including, without limitation, any set-off, counterclaim, recoupment, defense or other right which the Company may have against the Executive or others.

Appears in 2 contracts

Samples: Employment Agreement (Icn Pharmaceuticals Inc), Employment Agreement (Icn Pharmaceuticals Inc)

Settlement of Claims. The Company’s 's obligation to make the -------------------- payments provided for in this Agreement and otherwise to perform its obligations hereunder shall not be affected by any circumstances, including, without limitation, any set-off, counterclaim, recoupment, defense or other right which the Company may have against the Executive or others. The Company may, however, withhold from any benefits payable under this Agreement all federal, state, city, or other taxes as shall be required pursuant to any law or governmental regulation or ruling.

Appears in 2 contracts

Samples: Employment Agreement (Intercept Group Inc), Employment Agreement (Intercept Group Inc)

Settlement of Claims. The Company’s 's obligation to make the payments provided for in this Agreement and otherwise to perform its obligations hereunder shall not be affected by any circumstances, including, without limitation, any set-off, counterclaim, recoupment, defense or other right which the Company or any of its affiliated companies may have against the Executive or others.

Appears in 2 contracts

Samples: Employment Agreement (First Indiana Corp), Employment Agreement (First Indiana Corp)

Settlement of Claims. The Following a Change in Control, the Company’s 's obligation to make the payments provided for in this Agreement and otherwise to perform its obligations hereunder shall not be affected by any circumstances, including, without limitation, any set-off, counterclaim, recoupment, recoupment or defense or other right which the Company may have against the Executive or others. The Company may, however, withhold from any benefits payable under this Agreement all federal, state, city, or other taxes as shall be required pursuant to any law or governmental regulation or ruling.

Appears in 1 contract

Samples: Employment Agreement (Phoenix International LTD Inc)

Settlement of Claims. The Company’s 's obligation to make the payments -------------------- provided for in this Agreement and otherwise to perform its obligations hereunder shall not be affected by any circumstances, including, without limitation, any set-off, counterclaim, recoupment, defense or other right which the Company may have against the Executive or others. The Company may, however, withhold from any benefits payable under this Agreement all federal, state, city, or other taxes as shall be required pursuant to any law or governmental regulation or ruling.

Appears in 1 contract

Samples: Employment Agreement (Intercept Group Inc)

Settlement of Claims. The CompanyCorporation’s obligation to make the payments provided for in this Agreement and otherwise to perform its obligations hereunder shall not be affected by any circumstances, including, without limitation, any set-off, counterclaim, recoupment, defense or other right which the Company Corporation may have against the Executive Employee or others.

Appears in 1 contract

Samples: Retention Agreement (Hansen Medical Inc)

Settlement of Claims. The Company’s 's obligation to make the payments provided for in this Agreement and otherwise to perform its obligations hereunder shall not be affected by any circumstances, including, without limitation, any set-offset‐off, counterclaim, recoupment, defense or other right which the Company may have against the Executive or others.

Appears in 1 contract

Samples: Employment Agreement (Green Energy Live Inc)

Settlement of Claims. The Company’s 's obligation to make the payments provided for in this m fills Agreement and otherwise to perform its obligations hereunder shall not be affected by any circumstances, including, without limitation, any set-off, counterclaim, defense, recoupment, defense or other right which the Company may have against the Executive or others.

Appears in 1 contract

Samples: Severance Protection Agreement (Pawnmart Inc)

Settlement of Claims. The Company’s Companies’ obligation to make the payments provided for in this Agreement and otherwise to perform its their obligations hereunder shall not be affected by any circumstances, including, without limitation, any set-off, counterclaim, recoupment, defense or other right which the Company Companies may have against the Executive or others.

Appears in 1 contract

Samples: Employment Agreement (Carnival PLC)

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Settlement of Claims. The Except as otherwise expressly provided in this Agreement, the Company’s obligation to make the payments provided for in this Agreement and to otherwise to perform its obligations hereunder shall not be affected by any circumstances, including, without limitation, any set-off, counterclaim, recoupment, defense or other right which the Company may have against the Executive or others. The Company may, however, withhold from any benefits payable under this Agreement all federal, state, city or other taxes as shall be required pursuant to any law or governmental regulation or ruling.

Appears in 1 contract

Samples: Employment Agreement (Vesta Insurance Group Inc)

Settlement of Claims. The Company’s 's obligation to make the payments -------------------- provided for in this Agreement and otherwise to perform its obligations hereunder shall not be affected by any circumstances, including, without limitation, any set-off, counterclaim, recoupment, defense or other right which the Company may have against the Executive or others.

Appears in 1 contract

Samples: Change in Control Agreement (Acuson Corp)

Settlement of Claims. The Company’s obligation to make the payments provided for in this Agreement and otherwise to perform its obligations hereunder shall not be affected by any circumstances, including, including without limitation, limitation any set-off, counterclaim, recoupment, defense or other right which the Company may have against the Executive or others.

Appears in 1 contract

Samples: Executive Employment Agreement (MediaG3, Inc)

Settlement of Claims. The Company’s obligation to make the payments provided for in under this Agreement and otherwise to perform its obligations hereunder shall not be affected by any circumstances, including, without limitation, any set-off, counterclaim, recoupment, defense or other right which the Company may have against the Executive or others.. [Remainder of Page Intentionally Left Blank-Signature Page Follows]

Appears in 1 contract

Samples: Form of Termination Protection Agreement (Union Drilling Inc)

Settlement of Claims. The Company’s 's obligation to make the payments provided for in this Agreement and otherwise to perform its obligations hereunder shall not be affected by any circumstances, including, without limitation, any set-off, counterclaim, defense, recoupment, defense or other right which the Company may have against the Executive or others; provided, however, that, with the exception of Section 2(a), none of the obligations of the Company under this agreement shall be binding on the Company until such time as the Company receives a written waiver of all claims in a form reasonably satisfactory to the Company and executed by the Executive.

Appears in 1 contract

Samples: Severance Protection Agreement (United Meridian Corp)

Settlement of Claims. The Company’s obligation to make the payments provided for in this Agreement and to otherwise to perform its obligations hereunder shall not be affected by any circumstances, including, without limitation, any set-off, counterclaim, recoupment, defense or other right which the Company may have against the Executive Employee or others. The Company may, however, withhold from any benefits payable under this Agreement all federal, state, city or other taxes as shall be required pursuant to any law or governmental regulation or ruling.

Appears in 1 contract

Samples: Agreement (Superior Bancorp)

Settlement of Claims. The CompanyCorporation’s obligation to make the payments payment provided for in this Agreement and otherwise to perform its obligations hereunder shall not be affected by any circumstances, including, without limitation, any set-off, counterclaim, recoupmentdefense, defense recoupment or other right which the Company Corporation may have against the Executive or others.Executive. ​ ​

Appears in 1 contract

Samples: Change in Control Agreement (Saga Communications Inc)

Settlement of Claims. The Company’s 's obligation to make the payments provided for in this Agreement and arid otherwise to perform its obligations hereunder shall not be affected by any circumstances, including, without limitation, any set-off, counterclaim, recoupment, defense or other right which the Company may have against the Executive or others. The Company may, however, withhold from any benefits payable under this Agreement all federal, state, city, or other taxes as shall be required pursuant to any law or governmental regulation or ruling.

Appears in 1 contract

Samples: Employment Agreement (Towne Services Inc)

Settlement of Claims. The Company’s 's obligation to make the payments provided for in this Agreement and otherwise to perform its obligations hereunder shall not be affected by any circumstances, including, without limitation, any set-off, counterclaim, recoupment, defense recoupment or other right which the Company may have against the Executive or others.

Appears in 1 contract

Samples: Termination Protection Agreement (Osullivan Industries Holdings Inc)

Settlement of Claims. The Company’s 's obligation to make the payments provided for in this Agreement and otherwise to perform its obligations hereunder shall not be affected by any circumstances, including, without limitation, any set-off, counterclaim, recoupment, defense or 16 (10k page 132) other right which the Company or any of its affiliated companies may have against the Executive or others.

Appears in 1 contract

Samples: Employment Agreement (First Indiana Corp)

Settlement of Claims. The Company’s 's obligation to make the payments provided for in this Agreement and otherwise to perform its obligations hereunder shall not be affected by any circumstances, including, without limitation, any set-off, counterclaim, recoupment, defense or other right which the Company may have against the Executive Consultant or others. The Company may, however, withhold from any benefits payable under this Agreement all federal, state, city or other taxes as shall be required pursuant to any law or governmental regulation or ruling.

Appears in 1 contract

Samples: Consulting Agreement (Maxxis Group Inc)

Settlement of Claims. The Company’s 's obligation to make the payments provided for in this Agreement and otherwise to perform its obligations hereunder shall not be affected by any circumstances, including, without limitation, any set-off, counterclaim, recoupment, defense or other right which the Company may have against the an Executive or others.

Appears in 1 contract

Samples: Senior Executive Severance Agreement (Caldera Systems Inc)

Settlement of Claims. The Company’s 's obligation to make the -------------------- payments provided for in this Agreement and otherwise to perform its obligations hereunder shall not be affected by any circumstances, including, without limitation, any set-off, counterclaim, recoupment, defense defense, or other right which the Company may have against the Executive or others.

Appears in 1 contract

Samples: Employment Agreement (Limited Inc)

Settlement of Claims. The Company’s 's obligation to make the payments payment -------------------- provided for in this Agreement and otherwise to perform its obligations hereunder shall not be affected by any circumstances, including, without limitation, any set-off, counterclaim, recoupment, defense or other right which the Company may have against the Executive or others.

Appears in 1 contract

Samples: Change In (Aml Communications Inc)

Settlement of Claims. The Company’s obligation obligations to make the payments provided for in this Agreement and otherwise to perform its obligations hereunder shall not be affected by any circumstances, including, including without any limitation, any set-offoff (except against the amount actually owed by the Executive to the Company as evidenced by promissory notes, loan agreements and similar documents executed by the Executive), counterclaim, defense, recoupment, defense or other right rights which the Company may have against the Executive or others.

Appears in 1 contract

Samples: Employment Agreement (Triumph Group Inc /)

Settlement of Claims. The Company’s 's obligation to make the payments -------------------- provided for in this Agreement and otherwise to perform its obligations hereunder shall not be affected by any circumstances, including, without limitation, any set-off, counterclaim, recoupment, defense or other right which the Company may have against the Executive Protected Officer or others.

Appears in 1 contract

Samples: Compensation Protection Agreement (More Com Inc)

Settlement of Claims. The Except as set forth in Section 8(e) above, the Company’s 's obligation to make the payments provided for in this Agreement and otherwise to perform its obligations hereunder shall not be affected by any circumstances, including, without limitation, any set-off, counterclaim, recoupment, defense or other right which the Company may have against the Executive or others.

Appears in 1 contract

Samples: Executive Employment Agreement (Chaus Bernard Inc)

Settlement of Claims. The Company’s 's obligation to make the -------------------- payments provided for in this Amended and Restated Agreement and otherwise to perform its obligations hereunder shall not be affected by any circumstances, including, without limitation, any set-off, counterclaim, recoupment, defense or other right which the Company may have against the Executive or others.

Appears in 1 contract

Samples: Employment Agreement (PHP Healthcare Corp)

Settlement of Claims. The Company’s 's obligation to make the payments provided for in this Agreement and otherwise to perform its obligations hereunder shall not be affected by any circumstances, including, without limitation, any set-off, counterclaim, recoupment, defense or other right which the Company may have against the Executive or others.,

Appears in 1 contract

Samples: Employment Agreement (Campbell Soup Co)

Settlement of Claims. The Company’s 's and the Bank's obligation to make the payments provided for in this Agreement and otherwise to perform its obligations hereunder shall not be affected by any circumstances, including, without limitation, any set-off, counterclaim, recoupment, defense or other right which the Company company or the Bank may have against the Executive or others. The Company or the Bank may, however, withhold from any benefits payable under this Agreement all federal, state, city, or other taxes as shall be required pursuant to any law or governmental regulation or ruling.

Appears in 1 contract

Samples: Consulting Agreement (Heritage Bancorp Inc /Va/)

Settlement of Claims. The Company’s 's obligation to make the -------------------- payments provided for in this Agreement and otherwise to perform its obligations hereunder shall not be affected by any circumstances, including, without limitation, any set-off, counterclaim, recoupment, defense or other right which the Company may have against the an Executive or others.

Appears in 1 contract

Samples: Severance Agreement (Mallinckrodt Inc /Mo)

Settlement of Claims. The Company’s obligation to make the payments provided for in this Agreement and otherwise to perform its obligations hereunder shall not be affected by any circumstances, including, without limitation, any set-off, counterclaim, defense, recoupment, defense or other right which the Company may have against the Executive you or others.

Appears in 1 contract

Samples: Executive Retention Agreement (Sunterra Corp)

Settlement of Claims. The Company’s obligation to make the payments provided for in this Agreement and otherwise to perform its obligations hereunder shall Agreements will not be affected by any circumstances, including, without limitation, any set-off, counterclaim, recoupmentdefense, defense recoupment or other right which the Company may have against the Executive or others.

Appears in 1 contract

Samples: Severance Protection Agreement (Cabot Microelectronics Corp)

Settlement of Claims. The Except as expressly provided herein, the Company’s 's obligation to make the payments provided for in this Agreement and otherwise to perform its obligations hereunder shall not be affected by any circumstances, including, without limitation, any set-off, counterclaim, recoupment, defense or other right which the Company may have against the Executive or others.Officer

Appears in 1 contract

Samples: Compensation and Severance Agreement (Restoration Hardware Inc)

Settlement of Claims. The Company’s company's obligation to make the payments provided for in this Agreement and otherwise to perform its obligations hereunder shall not be affected by any circumstances, including, without limitation, any set-off, counterclaim, recoupment, defense or other right which the Company may have against the Executive or others.

Appears in 1 contract

Samples: Employment Agreement (Icn Pharmaceuticals Inc)

Settlement of Claims. The Company’s 's obligation to make the ------------------- payments provided for in this Agreement and otherwise to perform its obligations hereunder shall not be affected by any circumstances, including, without limitation, any set-off, counterclaim, defense, recoupment, defense or other right which the Company may have against the Executive or others.

Appears in 1 contract

Samples: Severance Protection Agreement (Pennsylvania Electric Co)

Settlement of Claims. The Company’s 's obligation to make the payments provided for in this Agreement and otherwise to perform its obligations hereunder shall not be affected by any circumstances, including, without limitation, any set-off, counterclaim, recoupment, defense defense, or other right which that the Company may have against the Executive or others. 7.

Appears in 1 contract

Samples: Control Agreement (Barefoot Inc /De)

Settlement of Claims. The Company’s 's obligation to make the payments -------------------- provided for in this Agreement and otherwise to perform its obligations hereunder shall not be affected by any circumstances, including, without limitation, any set-off, counterclaim, recoupment, defense or other right which the Company may have against the Executive Employee or others. The Company may, however, withhold from any benefits payable under this Agreement all federal, state, city, or other taxes as shall be required pursuant to any law or governmental regulation or ruling.

Appears in 1 contract

Samples: Employment Agreement (Intercept Group Inc)

Settlement of Claims. The Company’s 's obligation to make the payments -------------------- provided for in this Agreement and otherwise to perform its obligations hereunder shall not be affected by any circumstances, including, without limitation, any set-off, counterclaim, recoupment, defense or other right which the Company may have against the an Executive or others.

Appears in 1 contract

Samples: Severance Agreement (Vidamed Inc)

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