Common use of No Mitigation Clause in Contracts

No Mitigation. 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 such amounts shall not be reduced, regardless of whether the Executive obtains other employment.

Appears in 65 contracts

Samples: Employment Agreement, Employment Agreement, Employment Agreement

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No Mitigation. In no event shall the Executive be obligated required 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 such amounts shall not be reduced, regardless of reduced whether the or not Executive obtains other employmentemployment after termination of his employment hereunder.

Appears in 49 contracts

Samples: Employment Agreement (Enstar Group LTD), Employment Agreement (Enstar Group LTD), Employment Agreement

No Mitigation. 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 such amounts shall not be reduced, regardless of reduced whether or not the Executive obtains other employment.

Appears in 30 contracts

Samples: Employment Agreement (Noble Finance Co), Employment Agreement (Noble Finance Co), Employment Agreement (Noble Finance Co)

No Mitigation. 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 such amounts Agreement, nor shall not the amount of any payment hereunder be reduced, regardless reduced by any compensation earned by Executive as a result of whether the Executive obtains other subsequent employment.

Appears in 25 contracts

Samples: Executive Employment Agreement (Sonida Senior Living, Inc.), Employment Agreement (Sensus Healthcare, Inc.), Employment Agreement (Sensus Healthcare, Inc.)

No Mitigation. 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 and, except as otherwise provided herein, such amounts shall not be reduced, regardless of reduced whether the or not Executive obtains other employment.

Appears in 23 contracts

Samples: Employment Agreement (3d Systems Corp), Employment Agreement (3d Systems Corp), Employment Agreement (3d Systems Corp)

No Mitigation. 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 such amounts shall not be reduced, regardless of reduced (except to the extent set forth in Section 6(a)(ii)) whether or not the Executive obtains other employment.

Appears in 22 contracts

Samples: Change of Control Agreement (Marshall & Ilsley Corp), Change of Control Agreement (Marshall & Ilsley Corp/Wi/), Change of Control Agreement (Marshall & Ilsley Corp)

No Mitigation. 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 such amounts Agreement, nor shall not the amount of any payment hereunder be reduced, regardless of whether reduced by any compensation earned by the Executive obtains other employmentas a result of employment by a subsequent employer.

Appears in 18 contracts

Samples: Employment Agreement (ORIENTAL RISE HOLDINGS LTD), Employment Agreement (ORIENTAL RISE HOLDINGS LTD), Employment Agreement (Pheton Holdings LTD)

No Mitigation. 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 such amounts shall not be reduced, regardless of whether the Executive obtains other employmentAgreement.

Appears in 18 contracts

Samples: Employment Agreement (Lakeland Bancorp Inc), Employment Agreement (BeesFree, Inc.), Employment Agreement (Lakeland Bancorp Inc)

No Mitigation. In no event shall the Executive be obligated to seek other employment or take any other action by way of mitigation of to mitigate the amounts or benefits payable to the Executive under any of the provisions of this Agreement Employment Agreement, and such there shall be no offset against amounts shall not be reduced, regardless of whether or benefits due the Executive obtains under this Employment Agreement or otherwise on account of any claim (other than preexisting debts then due in accordance with their terms) the Company or its affiliates may have against him or any remuneration or other benefit earned or received by the Executive after any termination of employment.

Appears in 15 contracts

Samples: Employment Agreement (Cloud Peak Energy Inc.), Employment Agreement (Cloud Peak Energy Resources LLC), Employment Agreement (Cloud Peak Energy Inc.)

No Mitigation. 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 Section 7 of this Agreement and such amounts shall not be reduced, regardless of whether the Executive obtains other employmentAgreement.

Appears in 14 contracts

Samples: Executive Employment Agreement (Primis Financial Corp.), Executive Employment Agreement (Primis Financial Corp.), Executive Employment Agreement (Primis Financial Corp.)

No Mitigation. In no event shall the Executive be obligated to seek other employment or take any other action by way of mitigation of the any amounts payable to the Executive under any of the provisions of this Agreement Section 5 and such amounts shall not be reduced, regardless of reduced whether the or not Executive obtains other employment.

Appears in 14 contracts

Samples: Employment Agreement (PERRIGO Co PLC), Employment Agreement (Westrock Coffee Holdings, LLC), Employment Agreement (Westrock Coffee Holdings, LLC)

No Mitigation. 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 such amounts shall not be reduced, regardless of reduced whether the or not Executive obtains other employment.

Appears in 12 contracts

Samples: Executive Employment Agreement (Patriot National, Inc.), Severance and Employment Agreement (South Financial Group Inc), Severance and Employment Agreement (South Financial Group Inc)

No Mitigation. 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 such amounts Agreement, nor shall not the amount of any payment hereunder be reduced, regardless of whether except as otherwise specifically provided herein, by any compensation earned by the Executive obtains other employmentas result of employment by another employer.

Appears in 11 contracts

Samples: Severance and Change in Control Agreement (Stec, Inc.), Severance and Change in Control Agreement (Stec, Inc.), Severance and Change in Control Agreement (Stec, Inc.)

No Mitigation. 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 such amounts Agreement, nor shall not the amount of any payment hereunder be reduced, regardless reduced by any compensation earned by Executive as a result of whether the Executive obtains other employmentsubsequent employment unless otherwise provided herein.

Appears in 11 contracts

Samples: Employment Agreement (United Insurance Holdings Corp.), Employment Agreement (United Insurance Holdings Corp.), Employment Agreement (United Insurance Holdings Corp.)

No Mitigation. In Except as provided in section 6(c)(v), 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 such amounts Agreement, nor shall not the amount of any payment hereunder be reduced, regardless reduced by any compensation earned by Executive as a result of whether the Executive obtains other subsequent employment.

Appears in 11 contracts

Samples: Employment Agreement (Everest Reinsurance Holdings Inc), Employment Agreement (Everest Reinsurance Holdings Inc), Employment Agreement (Everest Group, Ltd.)

No Mitigation. 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 such amounts shall not be reduced, regardless of subject to offset or otherwise reduced whether the or not Executive obtains other employment.

Appears in 11 contracts

Samples: Employment Agreement (Six Flags Inc), Employment Agreement (Six Flags Inc), Employment Agreement (Six Flags Inc)

No Mitigation. In no event shall the Executive be obligated to seek other employment or take any other action by way of mitigation of the any amounts payable to the Executive under any of the provisions of this Agreement Section 4(a) and such amounts shall not be reduced, regardless of reduced whether or not the Executive obtains other employment.

Appears in 10 contracts

Samples: Executive Employment Agreement (SelectQuote, Inc.), Employment Agreement (SelectQuote, Inc.), Employment Agreement (SelectQuote, Inc.)

No Mitigation. 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 provision hereof, and such amounts shall not be reduced, regardless of reduced whether the or not Executive obtains other employmentemployment except to the extent contemplated by Section 2.3 hereof.

Appears in 9 contracts

Samples: Control Severance Agreement (Raytheon Co/), Control Severance Agreement (Raytheon Co/), Control Severance Agreement (Raytheon Co/)

No Mitigation. In no event shall the Executive be obligated obliged 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 such amounts Agreement, nor shall not the amount of any payment hereunder be reduced, regardless reduced by any compensation earned by Executive as a result of whether the Executive obtains other employmentemployment by another employer.

Appears in 9 contracts

Samples: Employment Agreement (1 800 Contacts Inc), Employment Agreement (1 800 Contacts Inc), Employment Agreement (1 800 Contacts Inc)

No Mitigation. In no event shall the Executive Officer be obligated to seek other employment or take any other action by way of mitigation of the amounts payable to the Executive Officer under any of the provisions of this Agreement and such amounts shall not be reduced, regardless of reduced whether the or not Executive Officer obtains other employment.

Appears in 9 contracts

Samples: Severance and Non Competition Agreement (Sterling Bancshares Inc), Severance and Non Competition Agreement (Sterling Bancshares Inc), Severance and Non Competition Agreement (Sterling Bancshares Inc)

No Mitigation. In The Executive shall have no event shall the Executive be obligated duty to seek other employment or take any other action by way of mitigation of and the amounts amounts, benefits and entitlements payable to the Executive under any of the provisions of this Agreement and such amounts hereunder or otherwise shall not be reducedsubject to reduction, regardless of whether offset or repayment for any compensation received by the Executive obtains other employmentfrom services provided by the Executive following the termination of the Executive’s employment with the Company.

Appears in 9 contracts

Samples: Employment Agreement (NanoFlex Power Corp), Employment Agreement (NanoFlex Power Corp), Employment Agreement (Universal Technology Systems Corp.)

No Mitigation. In no event event, except as set forth expressly in this or another agreement signed by Executive, 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 and, subject to the aforesaid exception, such amounts shall not be reduced, regardless of reduced whether the or not Executive obtains other employment.

Appears in 9 contracts

Samples: Severance Agreement (Aileron Therapeutics Inc), Severance Agreement (Aileron Therapeutics Inc), Severance Agreement (Aileron Therapeutics Inc)

No Mitigation. 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 the amount of any payment or benefit provided for in this Agreement and such amounts shall not be reduced, regardless of whether reduced by any compensation or benefits earned by the Executive obtains other employmentas the result of employment by another employer.

Appears in 9 contracts

Samples: Employment Offer (Varsity Group Inc), Agreement (Varsity Group Inc), Employment Agreement (Mining Services International Corp/)

No Mitigation. 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 such amounts shall not be reduced, regardless of whether the Executive obtains other employment.

Appears in 8 contracts

Samples: Amended and Restated Employment Agreement (Revlon Inc /De/), Amended and Restated Employment Agreement (Revlon Inc /De/), Amended and Restated Employment Agreement (Revlon Inc /De/)

No Mitigation. 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 such amounts shall not be reduced, regardless of whether the Executive obtains other employmentemployment (except as otherwise provided in Section 5(a)(3) of this Agreement with respect to the payment of COBRA premiums).

Appears in 8 contracts

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

No Mitigation. 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 such amounts shall not be reducedreduced or otherwise subject to offset in any manner, regardless of whether the Executive obtains other employment.

Appears in 8 contracts

Samples: Employment Agreement (Washington Prime Group, L.P.), Employment Agreement (Washington Prime Group, L.P.), Employment Agreement (Washington Prime Group, L.P.)

No Mitigation. In no event shall the Executive be obligated to seek other employment or take any other action by way of mitigation of the any amounts payable to the Executive under any of the provisions of this Agreement Section 6 and such amounts shall not be reduced, regardless of reduced whether the or not Executive obtains other employment.

Appears in 8 contracts

Samples: Employment Agreement (CapStar Financial Holdings, Inc.), Employment Agreement (CapStar Financial Holdings, Inc.), Employment Agreement (CapStar Financial Holdings, Inc.)

No Mitigation. In no event shall the Executive be obligated to seek other employment or take any other action by way of mitigation of the any amounts payable to the Executive under any of the provisions of this Agreement Section 5(a) and such amounts shall not be reduced, regardless of reduced whether or not the Executive obtains other employment.

Appears in 8 contracts

Samples: Employment Agreement (Presidio, Inc.), Employment Agreement (Presidio, Inc.), Employment Agreement (Presidio, Inc.)

No Mitigation. 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 Agreement, nor shall such amounts shall not be reduced, regardless of whether reduced by any earnings or benefits that the Executive obtains may receive from any other employmentsource.

Appears in 8 contracts

Samples: Employment Agreement (Rohn Industries Inc), Employment Agreement (Rohn Industries Inc), Employment Agreement (Rohn Industries Inc)

No Mitigation. In no event shall the Executive be obligated to seek other employment or take any other action by way of mitigation of the severance amounts payable to the Executive under any of the provisions of this Agreement and such amounts shall not be reduced, regardless of reduced whether the or not Executive obtains other employment.

Appears in 8 contracts

Samples: Employment Agreement (Keryx Biopharmaceuticals Inc), Employment Agreement (Keryx Biopharmaceuticals Inc), Employment Agreement (Keryx Biopharmaceuticals Inc)

No Mitigation. In no event Executive shall the Executive not 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 provision of this Agreement and such amounts shall not be reduced, regardless of whether the Executive obtains other employmentAgreement.

Appears in 7 contracts

Samples: Change in Control Protection Agreement (Foamex International Inc), Change in Control Protection Agreement (Foamex International Inc), Control Protection Agreement (Foamex International Inc)

No Mitigation. In no event shall the Executive be obligated to seek other employment or to 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 such amounts shall not be reduced, regardless of whether or not the Executive obtains other employment.

Appears in 7 contracts

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

No Mitigation. 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 such amounts shall not be reduced, regardless of reduced whether or not the Executive obtains other employment.

Appears in 6 contracts

Samples: Employment Agreement (Delta Tucker Holdings, Inc.), Employment Agreement (Delta Tucker Holdings, Inc.), Employment Agreement (Delta Tucker Holdings, Inc.)

No Mitigation. 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 and, except as specifically provided in Section 6(e)(ii) (health benefits) above, such amounts shall not be reduced, regardless of whether the Executive obtains other employment.

Appears in 6 contracts

Samples: Employment Agreement (Digitas Inc), Employment Agreement (Digitas Inc), Employment Agreement (Digitas Inc)

No Mitigation. In no event shall the Executive be obligated to seek other employment or take any other action by way of mitigation of to mitigate the amounts payable to the Executive under any of the provisions of this Agreement and such amounts Agreement, nor shall the amount of any payment hereunder be reduced by any compensation earned as a result of Executive’s employment by another employer, except that any continued welfare benefits provided for by Section 6.3(f) or Section 6.4(c) shall not duplicate any benefits that are provided to Executive and his family by such other employer and shall be reduced, regardless of whether the Executive obtains secondary to any coverage provided by such other employmentemployer.

Appears in 6 contracts

Samples: Employment Agreement (Amcol International Corp), Employment Agreement (Amcol International Corp), Employment Agreement (Amcol International Corp)

No Mitigation. 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 such amounts and, except as specifically provided in Paragraph 3(A) hereof, the amount of any payment or benefit provided for in this Agreement shall not be reduced, regardless of whether reduced by any compensation or benefits earned by the Executive obtains other employmentas the result of employment by another employer.

Appears in 6 contracts

Samples: Employment Agreement (Ryerson Holding Corp), Employment Agreement (Ryerson Holding Corp), Non Competition and Non Solicitation Agreement (Ryerson Holding Corp)

No Mitigation. 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 such amounts shall not be reduced, regardless of reduced (except to the extent set forth in Section 6(a)(2)) whether the or not Executive obtains other employment.

Appears in 6 contracts

Samples: Change of Control Agreement (Metavante Technologies, Inc.), Change of Control Agreement (Metavante Technologies, Inc.), Change of Control Agreement (Metavante Technologies, Inc.)

No Mitigation. 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 and, such amounts shall not be reduced, regardless of reduced whether or not the Executive obtains other employment.

Appears in 6 contracts

Samples: Employment Agreement (WSB Holdings Inc), Employment Agreement (Partners Trust Financial Group Inc), Employment Agreement (Partners Trust Financial Group Inc)

No Mitigation. In no event shall Following any termination of the Executive’s employment hereunder, the Executive shall not 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 his Agreement, and such amounts shall not be reduced, regardless of reduced whether or not the Executive obtains other employment.

Appears in 6 contracts

Samples: Employment Agreement (Convergys Corp), Employment Agreement (Stream Global Services, Inc.), Employment Agreement (Stream Global Services, Inc.)

No Mitigation. 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 such amounts shall not be reduced, regardless of reduced (except to the extent set forth in Section 6(a)(ii)) whether or not the Executive obtains other employment.

Appears in 6 contracts

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

No Mitigation. 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 and, except as provided in Section 4(d), such amounts shall not be reduced, regardless of reduced whether or not the Executive obtains other employment.

Appears in 5 contracts

Samples: BlueLinx Holdings Inc., BlueLinx Holdings Inc., BlueLinx Holdings Inc.

No Mitigation. 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 such amounts shall not be reduced, regardless of reduced whether the or not Executive obtains other employment.

Appears in 5 contracts

Samples: Control and Restrictive Covenant Agreement (Williams Companies, Inc.), Change in Control and Restrictive Covenant Agreement (Williams Companies, Inc.), Control and Restrictive Covenant Agreement (Williams Companies Inc)

No Mitigation. In no event shall the Executive be obligated to seek other employment or to take any other action by way of mitigation of the amounts payable to the Executive under any of the provisions of this Agreement and such amounts shall not be reduced, regardless of reduced (except to the extent set forth in Section 6(a)(ii)) whether or not the Executive obtains other employment.

Appears in 5 contracts

Samples: Employment Agreement (Marshall & Ilsley Corp/Wi/), Employment Agreement (Marshall & Ilsley Corp/Wi/), Employment Agreement (Marshall & Ilsley Corp/Wi/)

No Mitigation. 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 and, except as provided in Section 4(b), such amounts shall not be reduced, regardless of reduced whether the or not Executive obtains other employment.

Appears in 5 contracts

Samples: Change in Control Severance Agreement (Group 1 Software Inc), Control Severance Agreement (Republic Bancorp Inc), Control Severance Agreement (Republic Bancorp Inc)

No Mitigation. In no event Executive shall the Executive not be obligated to seek other employment or take any other action by way of in mitigation of the amounts payable or benefits to be provided under any provision of this Agreement, and the obtaining of any such other employment shall in no event effect any reduction of the Company’s obligations to make the payments or provide any benefits as required under this Agreement, except to the Executive under any of the provisions of this Agreement and such amounts shall not be reduced, regardless of whether the Executive obtains other employmentlimited extent provided above in cases where a subsequent employer provides medical insurance and/or group term life insurance coverage.

Appears in 5 contracts

Samples: Agreement (Jo-Ann Stores Inc), Agreement (Jo-Ann Stores Inc), Agreement (Jo-Ann Stores Inc)

No Mitigation. In no event shall the Executive be obligated to seek other employment or take any other action by way of in mitigation of the amounts payable to the Executive under any pursuant to (S) 4 hereof, and the employment of the provisions Executive after the termination of this Agreement and such amounts the Executive's employment by the Company shall not be reduced, regardless of whether affect in any way or offset any amounts payable to the Executive obtains other employmentpursuant to this Agreement.

Appears in 5 contracts

Samples: Employment Agreement (Dan River Inc /Ga/), Employment Agreement (Dan River Inc /Ga/), Employment Agreement (Dan River Inc /Ga/)

No Mitigation. 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 and, except as specifically provided in Section 4(c)(iii) above, such amounts shall not be reduced, regardless of whether the Executive obtains other employment.

Appears in 5 contracts

Samples: Employment Agreement (Keebler Foods Co), Employment Agreement (Kellogg Co), Employment Agreement (Keebler Foods Co)

No Mitigation. 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 such amounts Agreement, nor shall not the amount of any payment hereunder be reduced, regardless of whether reduced by any compensation earned by the Executive obtains other as a result of subsequent employment.

Appears in 5 contracts

Samples: Employment Agreement (Seacoast Banking Corp of Florida), Employment Agreement (Seacoast Banking Corp of Florida), Employment Agreement (SOCIAL REALITY, Inc.)

No Mitigation. 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 such amounts shall not be reduced, regardless of whether the Executive obtains other employmentAgreement.

Appears in 5 contracts

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

No Mitigation. 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. Except as otherwise set forth herein with respect to medical, health, prescription drug, dental, disability, accident and such amounts life insurance, the severance benefits payable to the Executive hereunder shall not be reduced, regardless of whether the Executive obtains subject to reduction for any compensation received from other employment.

Appears in 5 contracts

Samples: Employment Agreement (Quad/Graphics, Inc.), Employment Agreement (Quad/Graphics, Inc.), Employment Agreement (Quad/Graphics, Inc.)

No Mitigation. In no event shall the Executive be obligated to seek other employment or take any other action by way of mitigation of to mitigate the amounts payable to the Executive under any of the provisions of this Agreement and such amounts Agreement, nor shall the amount of any payment hereunder be reduced by any compensation earned as a result of Executive's employment by another employer, except that any continued welfare benefits provided for by Section 6.3(f) or Section 6.4(c) shall not duplicate any benefits that are provided to Executive and his family by such other employer and shall be reduced, regardless of whether the Executive obtains secondary to any coverage provided by such other employmentemployer.

Appears in 5 contracts

Samples: Employment Agreement (Amcol International Corp), Employment Agreement (Amcol International Corp), Employment Agreement (Amcol International Corp)

No Mitigation. In no event shall the Executive be ------------- obligated to seek other employment or take any other action by way of mitigation of to mitigate the amounts payable to the Executive under any of the provisions of this Agreement and such amounts Agreement, nor shall the amount of any payment hereunder be reduced by any compensation earned as a result of Executive's employment by another employer, except that any continued welfare benefits provided for by Section 6.3(f) or Section 6.4(c) shall not duplicate any benefits that are provided to Executive and his family by such other employer and shall be reduced, regardless of whether the Executive obtains secondary to any coverage provided by such other employmentemployer.

Appears in 4 contracts

Samples: Employment Agreement (Amcol International Corp), Employment Agreement (Amcol International Corp), Employment Agreement (Amcol International Corp)

No Mitigation. In no event shall the Executive be obligated to seek other employment or take any other action by way of mitigation of the any amounts payable to the Executive under any of the provisions of this Agreement Section 4(a) hereof and such amounts shall not be reduced, regardless of reduced whether or not the Executive obtains other employment.

Appears in 4 contracts

Samples: Employment Agreement (PlayAGS, Inc.), Employment Agreement (PlayAGS, Inc.), Employment Agreement (AP Gaming Holdco, Inc.)

No Mitigation. In Except as provided in section 6(c)(v), 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 such amounts Agreement, nor shall not the amount of any payment hereunder be reduced, regardless of whether reduced by any compensation earned by the Executive obtains other as a result of subsequent employment.

Appears in 4 contracts

Samples: Employment Agreement (Everest Reinsurance Holdings Inc), Employment Agreement (Everest Group, Ltd.), Employment Agreement (Everest Reinsurance Holdings Inc)

No Mitigation. 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 and, except as specifically provided in this Agreement, such amounts shall not be reduced, regardless of whether the Executive obtains other employment.

Appears in 4 contracts

Samples: Employment Agreement (Dictaphone Corp /De), Employment Agreement (Dictaphone Corp /De), Employment Agreement (Dictaphone Corp /De)

No Mitigation. 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 Agreement, and, except as set forth in Section 6.2(a)(v) hereof, such amounts shall not be reduced, regardless of reduced whether the or not Executive obtains other employment.

Appears in 4 contracts

Samples: Employment Agreement (Vishay Precision Group, Inc.), Employment Agreement (Vishay Precision Group, Inc.), Employment Agreement (Vishay Precision Group, Inc.)

No Mitigation. 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 such amounts shall not be reduced, regardless of whether the Executive obtains other employmentemployment (except as otherwise provided in Section 5(a)(iii) of this Agreement with respect to the payment of COBRA premiums).

Appears in 4 contracts

Samples: Employment Agreement (Cencora, Inc.), Employment Agreement (Amerisourcebergen Corp), Employment Agreement (Amerisourcebergen Corp)

No Mitigation. In no event shall the Executive be obligated to seek other employment or take any other action by way of mitigation of the any amounts payable to the Executive under any of the provisions of this Agreement pursuant to Section 4 and such amounts shall not be reduced, regardless of reduced whether the or not Executive obtains other employment (including self-employment).

Appears in 4 contracts

Samples: Employment Agreement, Employment Agreement (Merus N.V.), Employment Agreement (Merus N.V.)

No Mitigation. In no event shall will 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 such amounts shall will not be reduced, regardless of reduced whether or not the Executive obtains other employment.

Appears in 4 contracts

Samples: Executive Employment Agreement (Innovative Food Holdings Inc), Executive Employment Agreement (Innovative Food Holdings Inc), Executive Employment Agreement (Innovative Food Holdings Inc)

No Mitigation. 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 and, except as specifically provided in Section 6(b), such amounts shall not be reduced, regardless of whether reduced if the Executive obtains other employment.

Appears in 4 contracts

Samples: Employment Agreement (Clorox Co /De/), Employment Agreement (Clorox Co /De/), Employment Agreement (Clorox Co /De/)

No Mitigation. 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 compensation earned from such amounts employment or otherwise shall not be reduced, regardless of whether reduce the Executive obtains other employmentamounts otherwise payable under this Agreement.

Appears in 3 contracts

Samples: Employment Agreement (Claires Stores Inc), Employment Agreement (Claires Stores Inc), Employment Agreement (Claires Stores Inc)

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No Mitigation. In no event Executive shall the Executive not be obligated to required seek other employment or take any other action to mitigate the amount of any damages that Executive may incur or other payments to be made to Executive hereunder, nor shall any payments to Executive hereunder be reduced by way of mitigation of the amounts payable to the any other payments Executive under any of the provisions of this Agreement and such amounts shall may receive whether or not be reduced, regardless of whether the Executive obtains other employment.

Appears in 3 contracts

Samples: Employment Agreement (Capri Holdings LTD), Employment Agreement (Capri Holdings LTD), Employment Agreement (Capri Holdings LTD)

No Mitigation. In no event shall the Executive be obligated to seek other employment or take any other action by way of mitigation of to mitigate the amounts payable to the Executive under any of the provisions of this Agreement and such amounts Agreement, nor shall not the amount of any payment hereunder be reduced, regardless reduced by any compensation earned as a result of whether the Executive obtains other employmentExecutive’s employment by another employer.

Appears in 3 contracts

Samples: Separation Agreement (EVINE Live Inc.), Separation Agreement (EVINE Live Inc.), Separation Agreement (Valuevision Media Inc)

No Mitigation. 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 such amounts and, except as specifically provided in Section 5(c)(ii) hereof, the amount of any payment or benefit provided for in this Agreement shall not be reduced, regardless of whether reduced by any compensation or benefits earned by the Executive obtains other as the result of employment by another employer or any self-employment.

Appears in 3 contracts

Samples: Employment Agreement (Forestar Real Estate Group LLC), Employment Agreement (Guaranty Financial Group Inc.), Employment Agreement (Temple Inland Inc)

No Mitigation. 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 such amounts shall not be reduced, regardless of subject to offset or otherwise reduced whether the or not Executive obtains other employment. The Company’s obligation to make any payment pursuant to, and otherwise to perform its obligations under, this Agreement shall not be affected by any offset, counterclaim or other right that the Company may have against Executive for any reason.

Appears in 3 contracts

Samples: Employment Agreement (Six Flags, Inc.), Employment Agreement (Inventiv Health Inc), Employment Agreement (Ventiv Health Inc)

No Mitigation. In no event shall the Executive be obligated to seek ------------- other employment or to take any other action by way of mitigation of to mitigate the amounts payable to the Executive under any of the provisions of this Agreement and such amounts Agreement, nor shall the amount of any payment hereunder be reduced by any compensation earned as a result of Executive's employment by another employer, except that any continued welfare benefits provided for by Section 7.3(a)(v) shall not duplicate any benefits that are provided to Executive and his family by such other employer and shall be reduced, regardless of whether the Executive obtains secondary to any coverage provided by such other employmentemployer.

Appears in 3 contracts

Samples: Employment Agreement (Wki Holding Co Inc), Employment Agreement (Wki Holding Co Inc), Employment Agreement (Wki Holding Co Inc)

No Mitigation. 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 hereof and such amounts shall not be reduced, regardless of reduced whether the or not Executive obtains other employment.

Appears in 3 contracts

Samples: Navigant Consulting Inc, Navigant Consulting Inc, Navigant Consulting Inc

No Mitigation. 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 such any amounts payable pursuant to this or Section 11 shall not be reduced, regardless of whether reduced by compensation the Executive obtains other employmentearns on account of employment with another employer.

Appears in 3 contracts

Samples: Employment Agreement (Perspective Therapeutics, Inc.), Employment Agreement (Perspective Therapeutics, Inc.), Employment Agreement (Perspective Therapeutics, Inc.)

No Mitigation. In no event shall the Executive be obligated to seek other employment or take any other action by way of mitigation of to mitigate the amounts payable to the Executive under any of the provisions of this Agreement and such amounts Agreement, nor shall not the amount of any payment hereunder be reducedreduced by any compensation earned as a result of Executive’s employment by another employer, regardless except that any continued welfare benefits may be reduced as provided for by the last paragraph of whether the Executive obtains other employmentSection 10(a).

Appears in 3 contracts

Samples: Employment Agreement (Valuevision Media Inc), Employment Agreement (Valuevision Media Inc), Employment Agreement (Valuevision Media Inc)

No Mitigation. In no event shall the Executive be obligated to seek other employment or take any other action by way of mitigation to attempt to reduce any of the amounts payable to the Executive under any of the provisions of this Agreement and such Agreement. Further, except as otherwise provided under Section 2(b), amounts or benefits hereunder shall not be reduced, regardless of whether reduced if the Executive obtains other employment.

Appears in 3 contracts

Samples: Management Continuity Agreement (Macerich Co), Management Continuity Agreement (Macerich Co), Management Continuity Agreement (Macerich Co)

No Mitigation. In no event shall the Executive be obligated obliged 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 such amounts Agreement, nor shall not the amount of any payment hereunder be reduced, regardless of whether reduced by any compensation earned by the Executive obtains other employmentas a result of employment by another employer, except as provided in Section 14(b) hereof.

Appears in 3 contracts

Samples: Executive Employment Agreement (Champion Enterprises Inc), Executive Employment Agreement (Champion Enterprises Inc), Executive Employment Agreement (Champion Enterprises Inc)

No Mitigation. 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 such amounts shall not be reduced, regardless reduced as a result of whether the Executive obtains obtaining other employment. 18.

Appears in 2 contracts

Samples: Employment Agreement (Sei Investments Co), Employment Agreement (Sei Investments Co)

No Mitigation. 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 such amounts shall not be reduced, regardless of reduced whether or not the Executive obtains other employment. The amounts payable hereunder shall not be subject to setoff, counterclaim, recoupment, defense or other right which the US Co. may have against Executive or others not arising under this Agreement.

Appears in 2 contracts

Samples: Employment Agreement, Employment Agreement (BeiGene, Ltd.)

No Mitigation. In no event shall the will 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 such amounts shall will not be reduced, regardless of reduced whether or not the Executive obtains other employment.

Appears in 2 contracts

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

No Mitigation. 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 such amounts shall not be reduced, regardless of reduced (except to the extent expressly set forth herein) whether or not the Executive obtains other employment.

Appears in 2 contracts

Samples: Receivables Purchase Agreement, Employment Agreement (Kohls Corporation)

No Mitigation. 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 specifically provided in Section 5(a)(ii) and 5(b)(ii) of this Agreement, such amounts shall not be reduced, regardless of whether the Executive obtains other employment.

Appears in 2 contracts

Samples: Employment Agreement (Borg Warner Security Corp), Employment Agreement (Burns International Services Corp)

No Mitigation. 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 and, except as specifically provided in Section 6(f)(iii) (health benefits) above, such amounts shall not be reduced, regardless of whether the Executive obtains other employment.

Appears in 2 contracts

Samples: Employment Agreement (Digitas Inc), Employment Agreement (Digitas Inc)

No Mitigation. In Except as provided in Section 6(c)(v), 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 such amounts Agreement, nor shall not the amount of any payment hereunder be reduced, regardless reduced by any compensation earned by Executive as a result of whether the Executive obtains other subsequent employment.

Appears in 2 contracts

Samples: Employment Agreement (Everest Reinsurance Holdings Inc), Employment Agreement (Everest Group, Ltd.)

No Mitigation. 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 such amounts shall not be reduced, regardless of subject to offset or otherwise reduced whether the or not Executive obtains other employment. The Company's obligation to make any payment pursuant to, and otherwise to perform its obligations under, this Agreement shall not be affected by any offset, counterclaim or other right that the Company may have against Executive for any reason.

Appears in 2 contracts

Samples: Employment Agreement (Six Flags Inc), Employment Agreement (Six Flags, Inc.)

No Mitigation. 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 provision hereof, and such amounts shall not be reduced, regardless of reduced whether the or not Executive obtains other employmentemployment except to the extent contemplated by Section 2.3 hereof.

Appears in 2 contracts

Samples: Control Severance Agreement (Raytheon Co/), Raytheon Co/

No Mitigation. In no event shall the Executive be obligated to seek other employment or take any other action by way of mitigation of the amounts (including amounts for damages for breach) payable to the Executive under any of the provisions of this Agreement and such amounts shall not be reduced, regardless of reduced whether or not the Executive obtains other employment.

Appears in 2 contracts

Samples: Retention Agreement (Panamsat Corp /New/), Retention Agreement (Panamsat Corp /New/)

No Mitigation. 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 such amounts shall not be reduced, regardless of reduced whether the or not Executive obtains other employment.

Appears in 2 contracts

Samples: Employment Agreement (Vishay Intertechnology Inc), Employment Agreement (Vishay Intertechnology Inc)

No Mitigation. In no event shall the Executive be obligated to seek other ------------- employment or to take any other action by way of mitigation of to mitigate the amounts payable to the Executive under any of the provisions of this Agreement and such amounts Agreement, nor shall the amount of any payment hereunder be reduced by any compensation earned as a result of Executive's employment by another employer, except that any continued welfare benefits provided for by Section 7.3(a)(vi) shall not duplicate any benefits that are provided to Executive and his family by such other employer and shall be reduced, regardless of whether the Executive obtains secondary to any coverage provided by such other employmentemployer.

Appears in 2 contracts

Samples: Employment Agreement (Wki Holding Co Inc), Employment Agreement (Wki Holding Co Inc)

No Mitigation. In no event shall the Executive be obligated to seek other employment or take any other action by way of mitigation of to mitigate the amounts payable to the Executive under any of the provisions of this Agreement and such amounts Agreement, nor shall not the amount of any payment hereunder be reducedreduced by any compensation earned as a result of Executive’s employment by another employer, regardless of whether the Executive obtains other employmentexcept that any continued welfare benefits may be reduced as provided for by Section 10(a).

Appears in 2 contracts

Samples: Employment Agreement (Advanced BioEnergy, LLC), Employment Agreement (Advanced BioEnergy, LLC)

No Mitigation. In no event shall the Executive be obligated to seek ------------- other employment or to take any other action by way of mitigation of to mitigate the amounts payable to the Executive under any of the provisions of this Agreement and such amounts Agreement, nor shall the amount of any payment hereunder be reduced by any compensation earned as a result of Executive's employment by another employer, except that any continued welfare benefits provided for by Section 7.3(a)(vi) shall not duplicate any benefits that are provided to Executive and his family by such other employer and shall be reduced, regardless of whether the Executive obtains secondary to any coverage provided by such other employmentemployer.

Appears in 2 contracts

Samples: Employment Agreement (Wki Holding Co Inc), Employment Agreement (Wki Holding Co Inc)

No Mitigation. 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 such amounts shall not be reduced, regardless of reduced whether or not the Executive obtains other employment. The amounts payable hereunder shall not be subject to setoff, counterclaim, recoupment, defense or other right which the Company may have against Executive or others not arising under this Agreement.

Appears in 2 contracts

Samples: Employment Agreement, Employment Agreement (BeiGene, Ltd.)

No Mitigation. 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 such amounts shall not be reduced, regardless of reduced whether the or not Executive obtains other employment.

Appears in 2 contracts

Samples: Employment Agreement (Vishay Precision Group, Inc.), Employment Agreement (Vishay Precision Group, Inc.)

No Mitigation. 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 and, except as specifically provided in clause (ii) of Section 4(c) above, such amounts shall not be reduced, regardless of whether the Executive obtains other employment.

Appears in 2 contracts

Samples: Employment Agreement (Digitas Inc), Employment Agreement (Digitas Inc)

No Mitigation. In no event shall the will 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 Section 7 of this Agreement and such amounts shall not be reduced, regardless of whether the Executive obtains other employmentAgreement.

Appears in 2 contracts

Samples: Executive Employment Agreement (Adcare Health Systems, Inc), Executive Employment Agreement (Adcare Health Systems, Inc)

No Mitigation. 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 such amounts shall not be reduced, regardless of whether the Executive obtains other employment. 6.1.

Appears in 1 contract

Samples: Employment Agreement (Park Place Entertainment Corp)

No Mitigation. 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 such amounts shall not be reduced, regardless of whether the Executive obtains other employment.this

Appears in 1 contract

Samples: Agreement and Plan of Merger (American International Group Inc)

No Mitigation. In no event Executive shall the Executive not be obligated to seek other employment or take any other action by way byway of mitigation of the amounts payable to the Executive under any of the provisions of this Agreement and such amounts shall not be reduced, regardless of reduced whether the or not Executive obtains other employment.

Appears in 1 contract

Samples: Employment Agreement (Proffitts Inc)

No Mitigation. In no event shall the Executive be obligated to seek other employment or take any other action by way of mitigation of to mitigate the amounts payable to the Executive under any of the provisions of this Agreement and such amounts Amended Agreement, nor shall not the amount of any payment hereunder be reducedreduced by any compensation earned as a result of Executive’s employment by another employer, regardless except that any continued welfare benefits may be reduced as provided for by the last paragraph of whether the Executive obtains other employmentSections 12(a).

Appears in 1 contract

Samples: Employment Agreement (Valuevision Media Inc)

No Mitigation. 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 specifically provided in Section 5(a)(ii) and 5(c)(ii) of this Agreement, such amounts shall not be reduced, regardless of whether the Executive obtains other employment.

Appears in 1 contract

Samples: Employment Agreement (Softquad Software LTD)

No Mitigation. 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 such amounts shall not be reduced, regardless of reduced whether or not the Executive obtains other employment.. Employment Agreement

Appears in 1 contract

Samples: Employment Agreement (Finward Bancorp)

No Mitigation. In no event shall the Executive be obligated required 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 such amounts shall not be reduced, regardless of reduced whether the or not Executive obtains other employment.employment after termination of his employment hereunder. * * * * *

Appears in 1 contract

Samples: Employment Agreement (Emtec Inc/Nj)

No Mitigation. 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 such amounts amounts, other than medical benefits provided in Section 5(d) or Section 5(e), shall not be reduced, regardless of reduced whether or not the Executive obtains other employment.

Appears in 1 contract

Samples: Employment Agreement (Winn Dixie Stores Inc)

No Mitigation. 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 and, except as specifically provided in Section 6(e)(ii) (health benefits) above, such amounts shall not be reduced, regardless of whether the Executive obtains other employment.

Appears in 1 contract

Samples: Agreement (Digitas Inc)

No Mitigation. In no event shall the Executive be obligated to seek other employment or take any other action by way of mitigation of to mitigate the amounts payable to the Executive under this Section 10, nor shall the amount of any payment under this Section 10 be reduced by any compensation earned as a result of the provisions of this Agreement and such amounts shall not be reduced, regardless of whether the Executive obtains other employmentExecutive’s employment by another employer except as set forth herein.

Appears in 1 contract

Samples: Executive Employment Agreement (BioSig Technologies, Inc.)

No Mitigation. In no event shall the Executive be obligated to seek other employment or take any other action by way of mitigation of to mitigate the amounts payable to the Executive under any of the provisions of this Agreement Agreement, nor shall the amount of any payment hereunder be reduced by any compensation earned as result of Executive’s employment by another employer, except that any continued welfare benefits provided for by Section 6.2 and such amounts 8.3 shall not duplicate any benefits that are provided to Executive and his family by such other employer and shall be reduced, regardless of whether secondary to any coverage provided by such other employer to the Executive obtains other employmentextent permitted by law.

Appears in 1 contract

Samples: Employment Agreement (3m Co)

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