Common use of Full Settlement; Resolution of Disputes Clause in Contracts

Full Settlement; Resolution of Disputes. (a) The Company's obligation to make payments provided for in this Agreement and otherwise to perform its obligations hereunder shall not be affected by any set-off, counterclaim, recoupment, defense or other claim, right or action which the Company may have against the Executive or others. In no event shall the Executive be obligated to seek other employment or take any other action by way of mitigation of the amounts payable to the Executive under any of the provisions of this Agreement and, except as provided in Section 6(a)(ii) of this Agreement, such amounts shall not be reduced whether or not the Executive obtains other employment. If there is any contest by the Company concerning the Payments or benefits to be provided to the Executive hereunder whether through litigation, arbitration or mediation, or with respect to the validity or enforceability of, or liability under, any provision of this Agreement or any guarantee of performance thereof, and the Executive is the prevailing party, the Company agrees to pay promptly upon conclusion of the contest all legal fees and expenses which the Executive may reasonably have incurred.

Appears in 14 contracts

Samples: Executive Employment Agreement (Pogo Producing Co), Executive Employment Agreement (Pogo Producing Co), Executive Employment Agreement (Pogo Producing Co)

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Full Settlement; Resolution of Disputes. (a) The Company's ’s obligation to make payments provided for in this Agreement and otherwise to perform its obligations hereunder shall not be affected by any set-off, counterclaim, recoupment, defense or other claim, right or action which the Company may have against the Executive or others. In no event shall the Executive be obligated to seek other employment or take any other action by way of mitigation of the amounts payable to the Executive under any of the provisions of this Agreement and, except as provided in Section 6(a)(ii) of this Agreement, such amounts shall not be reduced whether or not the Executive obtains other employment. If there is any contest by the Company concerning the Payments or benefits to be provided to the Executive hereunder whether through litigation, arbitration or mediation, or with respect to the validity or enforceability of, or liability under, any provision of this Agreement or any guarantee of performance thereof, and the Executive is the prevailing party, the Company agrees to pay promptly upon conclusion of the contest all legal fees and expenses which the Executive may reasonably have incurred.

Appears in 10 contracts

Samples: Executive Employment Agreement (Pogo Producing Co), Executive Employment Agreement (Pogo Producing Co), Executive Employment Agreement (Pogo Producing Co)

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Full Settlement; Resolution of Disputes. (a) The Company's Employer obligation to make the payments provided for in this Agreement and otherwise to perform its obligations hereunder shall not be affected by any set-offset‑off, counterclaim, recoupment, defense or other claim, right or action which that the Company Employer may have against the Executive or others. In no event shall the Executive be obligated to seek other employment or take any other action by way of mitigation of the amounts payable to the Executive under any of the provisions of this Agreement Agreement, and, except as provided in Section 6(a)(ii) of this Agreement7(b), such amounts shall not be reduced whether or not the Executive obtains other employment. If there is The Employer agrees to pay promptly upon invoice, to the full extent permitted by law, all legal fees and expenses that the Executive may incur as a result of any contest (regardless of the outcome thereof) by the Company concerning the Payments or benefits to be provided to Employer, the Executive hereunder whether through litigation, arbitration or mediation, or with respect to others of the validity or enforceability of, or liability under, any provision of this Agreement or any guarantee of performance thereof, and thereof (including as a result of any contest by the Executive is about the prevailing party, the Company agrees amount of any payment pursuant to pay promptly upon conclusion of the contest all legal fees and expenses which the Executive may reasonably have incurredthis Agreement).

Appears in 3 contracts

Samples: Change of Control Agreement (Alaska Air Group, Inc.), Change of Control Agreement (Alaska Air Group, Inc.), Change of Control Agreement (Alaska Air Group, Inc.)

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