Common use of No Mitigation Clause in Contracts

No Mitigation. Except as otherwise set forth in Section 8, Executive shall not be required to mitigate the amount of any payment provided for in this Section 6 by seeking other employment or otherwise, nor shall the amount of any payment or benefit provided for in this Section 6 be reduced by any compensation earned by Executive as the result of employment by another employer or self-employment or by retirement benefits.

Appears in 23 contracts

Samples: Employment Agreement (Endologix Inc /De/), Employment Agreement (Endologix Inc /De/), Employment Agreement (Endologix Inc /De/)

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No Mitigation. Except as otherwise set forth in Section 8, Executive shall not be required to mitigate the amount of any payment provided for in this Section 6 5 by seeking other employment or otherwise, nor shall the amount of any payment or benefit provided for in this Section 6 5 be reduced by any compensation earned by Executive as the result of employment by another employer or self-employment or by retirement benefits; provided, however, that loans, advances or other amounts owed by Executive to the Company may be offset by the Company against amounts payable to Executive under this Section 5.

Appears in 22 contracts

Samples: Executive Employment Agreement (Generation Alpha, Inc.), Executive Employment Agreement (Generation Alpha, Inc.), Executive Employment Agreement (Solis Tek, Inc./Nv)

No Mitigation. Except as otherwise set forth in Section 8, The Executive shall not be required to mitigate the amount of any payment provided for in this Section 6 Paragraph 5 by seeking other employment or otherwise, nor shall the amount of any payment or benefit provided for in this Section 6 Paragraph 5 be reduced by any compensation earned by the Executive as the result of the Executive's employment by another employer or self-employment or employer, by any retirement benefits, by offset against any amount claimed to be owing by the Executive to the Company, or otherwise, except as specifically provided in this Paragraph 5.

Appears in 21 contracts

Samples: Employment Agreement (SilverSun Technologies, Inc.), Employment Agreement (Deep Field Technologies, Inc.), Employment Agreement (iVoice Technology, Inc.)

No Mitigation. Except as otherwise set forth in Section 8, Executive shall will not be required to mitigate the amount of any payment provided for in this Section paragraph 6 by seeking other employment or otherwise, nor shall will the amount of any payment or benefit provided for in this Section paragraph 6 be reduced by any compensation earned by Executive him as the result of employment by another employer or self-employment or by retirement benefitsbenefits after the date of termination, or otherwise.

Appears in 19 contracts

Samples: Employment Agreement (Fbo Air, Inc.), Employment Agreement (American Spectrum Realty Inc), Employment Agreement (FirstFlight, Inc.)

No Mitigation. Except as otherwise set forth in Section 8, The Executive shall not be required to mitigate the amount of any payment provided for in this pursuant to Section 6 7 by seeking other employment or otherwise, nor shall and the amount of any payment or benefit provided for in this pursuant to Section 6 7 shall not be reduced by any compensation earned by Executive as the a result of employment by another employer or self-the Executive’s other employment or by retirement benefitsotherwise.

Appears in 14 contracts

Samples: Employment Agreement (Mallinckrodt PLC), Employment Agreement (Mallinckrodt PLC), Employment Agreement (Mallinckrodt PLC)

No Mitigation. Except as otherwise set forth in Section 8, The Executive shall not be required to mitigate the amount of any payment or benefit provided for in this Section 6 5 by seeking other employment or otherwise, nor shall the amount of any such payment or benefit provided for in this Section 6 be reduced by any reason of compensation earned by or other income the Executive as receives for services rendered after the result Executive’s termination of employment by another employer or self-employment or by retirement benefitswith the Company.

Appears in 11 contracts

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

No Mitigation. Except as otherwise set forth in Section 8, Executive shall not be required to mitigate the amount of any payment provided for in this Section 6 5 by seeking other employment or otherwise, nor shall the amount of any payment or benefit provided for in this Section 6 5 be reduced by any compensation earned by Executive as the result of employment by another employer or self-employment or by retirement benefits, by offset against any amounts (other than loans or advances to Executive by the Company) claimed to be owed by Executive to the Company, or otherwise.

Appears in 8 contracts

Samples: Interim Employment Agreement (Tivo Inc), Employment Agreement (Tivo Inc), Employment Agreement (Tivo Inc)

No Mitigation. Except as otherwise set forth in Section 8, Executive shall not be required to mitigate the amount of any payment payments provided for in this Section 6 Sections 8(f) by seeking other employment or otherwise, nor shall the amount of any payment payments or benefit benefits provided for in this Section 6 Sections 8(f) be reduced by any compensation earned by Executive as the a result of employment by another employer or self-employment or by retirement benefits.

Appears in 8 contracts

Samples: Employment Agreement (Royal Caribbean Cruises LTD), Employment Agreement (Royal Caribbean Cruises LTD), Employment Agreement (Royal Caribbean Cruises LTD)

No Mitigation. Except as otherwise set forth in Section 8, Executive shall not be required to mitigate the amount of any payment payments provided for in this Section 6 Sections 8(f) and 8(g) by seeking other employment or otherwise, nor shall the amount of any payment payments or benefit benefits provided for in this Section 6 Sections 8(f) and 8(g) be reduced by any compensation earned by Executive as the a result of employment by another employer or self-employment or by retirement benefits.

Appears in 7 contracts

Samples: Agreement (Royal Caribbean Cruises LTD), Employment Agreement (Royal Caribbean Cruises LTD), Employment Agreement (Royal Caribbean Cruises LTD)

No Mitigation. Except as otherwise set forth in Section 8, Executive shall not be required to mitigate the amount of any payment provided for in under this Section 6 7 by seeking other employment or otherwise, nor otherwise and no such payment shall be offset or reduced by the amount of any payment compensation or benefit benefits provided for to Executive in this Section 6 be reduced by any compensation earned by Executive as the result of employment by another employer or self-employment or by retirement benefitssubsequent employment.

Appears in 7 contracts

Samples: Employment Agreement (Townsquare Media, Inc.), Employment Agreement (Townsquare Media, Inc.), Employment Agreement (Townsquare Media, Inc.)

No Mitigation. Except as otherwise set forth in Section 8, Executive shall not be required to mitigate the amount of any payment provided for in this Section 6 7 by seeking other employment or otherwise, nor shall will the amount of any payment damages or benefit provided for in severance benefits payable to Executive under this Section 6 7 be reduced by any compensation earned by Executive as the result reason of employment by another employer or self-his securing other employment or by retirement benefitsfor any reason.

Appears in 6 contracts

Samples: Employment Agreement (Lakota Technologies Inc), Employment Agreement (Industrial Rubber Innovations Inc), Employment Agreement (Industrial Rubber Innovations Inc)

No Mitigation. Except as otherwise set forth in Section 8herein, Executive shall not be required to mitigate the amount of any payment provided for in this Section 6 5 by seeking other employment or otherwise, nor shall the amount of any payment or benefit provided for in this Section 6 5 be reduced by any compensation earned by Executive as the result of employment by another employer or self-employment or by retirement benefits.

Appears in 5 contracts

Samples: Employment Agreement (Acacia Research Corp), Employment Agreement (Acacia Research Corp), Employment Agreement (Acacia Research Corp)

No Mitigation. Except as otherwise set forth in Section 8, The Executive shall not be required to mitigate the amount of any payment provided for in this Section 6 5.02 by seeking other employment or otherwise, nor shall the amount of any payment or benefit provided for in this Section 6 5.02 be reduced by any compensation earned by the Executive as the a result of employment by another employer or company, self-employment or by retirement benefitsotherwise.

Appears in 5 contracts

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

No Mitigation. Except as otherwise set forth in Section 8, Executive shall not be required to mitigate the amount of any payment provided for in this Section 6 5 by seeking other employment or otherwise, nor shall the amount of any payment or benefit provided for in this Section 6 5 be reduced by any compensation earned by Executive as the result of employment by another employer or self-employment or employment, by retirement benefits, by offset against any amounts (other than loans or advances to Executive by the Company) claimed to be owed by Executive to the Company, or otherwise.

Appears in 4 contracts

Samples: Employment Agreement (Advanced Micro Devices Inc), Employment Agreement (Advanced Micro Devices Inc), Employment Agreement (Cnet Networks Inc)

No Mitigation. Except as otherwise set forth in Section 8, Executive shall not be required to mitigate the amount of any payment provided for in under this Section 6 7 by seeking other employment and no such payment shall be offset or otherwise, nor shall reduced by the amount of any payment compensation or benefit benefits provided for to Executive in this Section 6 be reduced by any compensation earned by Executive as the result of employment by another employer or self-employment or by retirement benefitssubsequent employment.

Appears in 4 contracts

Samples: Settlement Agreement and General Release (Commerce Energy Group Inc), Executive Employment Agreement (Commerce Energy Group Inc), Settlement Agreement and General Release (Commerce Energy Group Inc)

No Mitigation. Except as otherwise set forth in Section 8, The Executive shall not be required to mitigate the amount of any payment provided for in this Section 6 6.03 above by seeking other employment or otherwise, nor shall the amount of any payment or benefit provided for in this Section 6 6.03 be reduced by any compensation earned by the Executive as the a result of employment by another employer or company, self-employment or by retirement benefitsotherwise.

Appears in 3 contracts

Samples: Employment Agreement (Hardie James Industries Nv), Employment Agreement (Hardie James Industries Nv), Employment Agreement (Hardie James Industries Nv)

No Mitigation. Except as otherwise set forth in Section 8, Executive shall not be required to mitigate the amount of any payment provided for in this Section 6 by seeking other employment or otherwise, nor shall the amount of any payment or the benefit provided for in this Section 6 be reduced by any compensation earned by Executive as the result of employment by another employer or self-by reason of Executive’s receipt of or right to receive any retirement or other benefits after the date of termination of employment or by retirement benefitsotherwise.

Appears in 3 contracts

Samples: Employment Agreement (Royal Bancshares of Pennsylvania Inc), Employment Agreement (Royal Bancshares of Pennsylvania Inc), Consulting and Noncompetition Agreement (Royal Bancshares of Pennsylvania Inc)

No Mitigation. Except as otherwise set forth in Section 8, Executive shall not be required to mitigate the amount of any payment provided for in under this Section 6 by seeking other employment or otherwise, nor otherwise and no payment shall be offset or reduced by the amount of any payment compensation or benefit benefits provided to Executive in any subsequent employment. The Company’s obligation to make the payments provided for in this Section 6 and otherwise perform its obligations hereunder shall not be reduced affected by any compensation earned by circumstances, including, without limitation, set-off, counterclaim, recoupment, defense or other claim, right or action which the Company may have against Executive as the result of employment by another employer or self-employment or by retirement benefitsothers.

Appears in 2 contracts

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

No Mitigation. Except as otherwise set forth in Section 8, Executive shall not be required to mitigate the amount of any payment provided for in this Section 6 5 by seeking other employment or otherwise, nor shall the amount of any payment or benefit provided for in this Section 6 5 be reduced by any compensation earned by Executive as the result of employment by another employer or self-by reason of Executive’s receipt of or right to receive any retirement or other benefits after the date of termination of employment or by retirement benefitsotherwise.

Appears in 2 contracts

Samples: Employment Agreement (Royal Bancshares of Pennsylvania Inc), Employment Agreement (Royal Bancshares of Pennsylvania Inc)

No Mitigation. Except as otherwise set forth in Section 8, Executive shall not be required to mitigate the amount of any payment or other benefit provided for in this Section 6 5 by seeking other employment with another employer or otherwise, ; nor shall the amount of any payment or other benefit provided for in this Section 6 5 be reduced by any compensation earned by Executive as the result of Executive’s subsequent employment by another employer or self-employment or by retirement benefitsemployer, except as otherwise expressly provided in this Agreement.

Appears in 2 contracts

Samples: Executive Employment Agreement (Tennant Co), Executive Employment Agreement (Tennant Co)

No Mitigation. Except as otherwise set forth in Section 8, The Executive shall not be required to mitigate the amount of any payment provided for in this Section 6 5.03 by seeking other employment or otherwise, nor shall the amount of any payment or benefit provided for in this Section 6 5.03 be reduced by any compensation earned by the Executive as the a result of employment by another employer or company, self-employment or by retirement benefitsotherwise.

Appears in 2 contracts

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

No Mitigation. Except as otherwise set forth in Section 8, Executive shall not be required to mitigate the amount of any payment or benefit provided for in this Section 6 5 by seeking other employment or otherwise, nor shall and, except as otherwise expressly provided in Sections 5.1 or 5.2, the amount amounts of any payment compensation or benefit provided for in benefits payable or otherwise due to Executive under this Section 6 5 or other provisions of this Agreement shall not be reduced by any compensation earned or benefits received by Executive as the result from any other employment he shall choose to undertake following termination of his employment by another employer or self-employment or by retirement benefitsunder this Agreement.

Appears in 2 contracts

Samples: Employment and Non Compete Agreement (PHC Inc /Ma/), Employment and Non Compete Agreement (PHC Inc /Ma/)

No Mitigation. Except as otherwise set forth in Section 8, Executive shall will not be required to mitigate the amount of any payment provided for in this Section paragraph 6 by seeking other employment or otherwise, nor shall will the amount of any payment or benefit provided for in this Section paragraph 6 be reduced by any compensation earned by Executive her as the result of employment by another employer or self-employment or by retirement benefitsbenefits after the date of termination.

Appears in 1 contract

Samples: Employment Agreement (American Spectrum Realty Inc)

No Mitigation. Except as otherwise set forth in Section 8, Executive shall not be required to mitigate the amount of any payment payments provided for in this Section 6 Sections 8(f) by seeking other employment or otherwise, nor shall the amount of any payment payments or benefit benefits provided for in this Section 6 Sections 8(f) be reduced by any compensation earned by Executive as the a result of employment by another employer or self-employment or by retirement benefits. 8 Exhibit 10.31 9.

Appears in 1 contract

Samples: Employment Agreement

No Mitigation. Except as otherwise set forth in Section 8, The Executive shall not be required to mitigate the amount of any payment provided for in this Section 6 6.4.2(b) by seeking other employment or otherwise, nor shall the amount of any payment or benefit provided for in this Section 6 6.4.2(b) be reduced by any compensation earned by the Executive as the a result of his employment by another employer entity or person, self-employment or by retirement benefitsotherwise.

Appears in 1 contract

Samples: Employment Agreement (Pacific Aerospace & Electronics Inc)

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No Mitigation. Except as otherwise set forth in Section 8, Executive shall not be required to mitigate the amount of any payment provided for in this Section 6 5 by seeking other employment or otherwise, nor shall the amount of any payment or benefit provided for in this Section 6 5 be reduced by any compensation earned by Executive as the result of employment by another employer or self-employment or by retirement benefits; provided, however, that loans, advances or other amounts owed by Executive to the Company and its affiliates may be offset by the Company against amounts payable to Executive under this Section 5.

Appears in 1 contract

Samples: Employment and Severance Agreement (Xperi Corp)

No Mitigation. Except as otherwise set forth in Section 8, Executive shall not be required to mitigate the amount of any payment provided for in this Section Sections 6 or 7 by seeking other employment or otherwise, nor shall the amount of any payment or the benefit provided for in this Section Sections 6 or 7 be reduced by any compensation earned by Executive as the result of employment by another employer or self-by reason of Executive’s receipt of or right to receive any retirement or other benefits after the date of termination of employment or by retirement benefitsotherwise.

Appears in 1 contract

Samples: Release Agreement (Malvern Bancorp, Inc.)

No Mitigation. Except as otherwise set forth in Section 8, Executive shall not be required to mitigate the amount of any payment or other benefit provided for in this Section 5 or Section 6 by seeking other employment with another employer or otherwise, ; nor shall the amount of any payment or other benefit provided for in this Section 5 or 6 be reduced by any compensation earned by Executive as the result of Executive’s subsequent employment by another employer or self-employment or by retirement benefitsemployer, except as otherwise expressly provided in this Agreement.

Appears in 1 contract

Samples: Management Agreement (Tennant Co)

No Mitigation. Except as otherwise set forth in Section 8, Executive shall will not be required to mitigate the amount of any payment provided for in this Section paragraph 6 by seeking other employment or otherwise, nor shall will the amount of any payment or benefit provided for in this Section paragraph 6 be reduced by any compensation earned by Executive him as the result of employment by another employer or self-employment or by retirement benefitsbenefits after the date of termination.

Appears in 1 contract

Samples: Employment Agreement (American Spectrum Realty Inc)

No Mitigation. Except as otherwise set forth in Section 8, Executive shall will not be required to mitigate the amount of any payment provided for in under this Section paragraph 6 by seeking other employment or otherwise, nor shall will the amount of any payment or benefit provided for in under this Section paragraph 6 be reduced by any compensation earned by Executive as the result of employment by another employer or self-employment or by retirement benefitsbenefits after the date of termination, or otherwise.

Appears in 1 contract

Samples: Employment Agreement (American Spectrum Realty Inc)

No Mitigation. Except as otherwise set forth provided in Section 87(a)(ii)(A), Executive shall not be required to mitigate the amount of any payment provided for in this Section 6 7 by seeking other employment or otherwise, nor shall the amount of any payment or benefit provided for in this Section 6 7 be reduced by any compensation earned by Executive as the result of employment by another employer or self-employment or by retirement benefits; provided, however, that loans, advances or other amounts owed by Executive to the Company may be offset by the Company against amounts payable to Executive under this Section 7.

Appears in 1 contract

Samples: Executive Employment Agreement (Ambrx Inc)

No Mitigation. Except as otherwise set forth in Section 8, The Executive shall not be required to mitigate the ------------- amount of any payment provided for in this Section 6 5.02 by seeking other employment or otherwise, nor shall the amount of any payment or benefit provided for in this Section 6 5.02 be reduced by any compensation earned by the Executive as the a result of employment by another employer or company, self-employment or by retirement benefitsotherwise.

Appears in 1 contract

Samples: Employment Agreement (Fonix Corp)

No Mitigation. Except as otherwise set forth in Section 8, Executive shall not be required to mitigate the amount of any payment provided for in this Section 6 5 by seeking other employment or otherwise, nor shall the amount of any payment or the benefit provided for in this Section 6 5 be reduced by any compensation earned by Executive as the result of employment by another employer or self-by reason of Executive’s receipt of or right to receive any retirement or other benefits after the date of termination of employment or by retirement benefitsotherwise.

Appears in 1 contract

Samples: Consulting and Noncompetition Agreement (Royal Bancshares of Pennsylvania Inc)

No Mitigation. Except as otherwise set forth in Section 8, Executive shall not be required to mitigate the amount of any payment provided for in this Section Sections 6 or 7 by seeking other employment or otherwise, nor shall the amount of any payment or benefit provided for in this Section Sections 6 or 7 be reduced by any compensation earned by Executive as the result of employment by another employer or self-employment or by retirement benefits; provided, however, that loans, advances or other amounts owed by Executive to the Bank may be offset by the Bank against amounts payable to Executive under this Sections 6 or 7.

Appears in 1 contract

Samples: Employment Agreement (Federal Home Loan Bank of San Francisco)

No Mitigation. Except as otherwise set forth in Section 8, The Executive shall not be required to mitigate the amount of any payment provided for in this Section 6 6.03 by seeking other employment or otherwise, nor shall the amount of any payment or benefit provided for in this Section 6 6.03 be reduced by any compensation earned by the Executive as the a result of employment by another employer or company, self-employment or by retirement benefitsotherwise.

Appears in 1 contract

Samples: Employment Agreement (Hardie James Industries Nv)

No Mitigation. Except as otherwise set forth in Section 8, The Executive shall not be required to mitigate the amount of any payment provided for in this Section 5 or Section 6 by seeking other employment or otherwise, nor shall the amount of any payment or benefit provided for in this Section 5 or Section 6 be reduced by any compensation earned by the Executive as the result of employment by another employer or self-employment or employment, by retirement benefits, by offset against any amount claimed to be owed by the Executive to the Company, or otherwise, except as expressly provided by Section 6.

Appears in 1 contract

Samples: Stock Restriction Agreement (Kb Home)

No Mitigation. Except as otherwise set forth in Section 8, The Executive shall not be required to mitigate the amount of any payment provided for in this Section 6 7 or in Section 8 by seeking other employment or otherwise, nor shall the amount of any payment or benefit provided for in this Section 6 7 or in Section 8 be reduced by any compensation earned by Executive him as the result of employment by another employer or self-employment or by retirement benefitsbenefits after the Date of Termination or otherwise, except as specifically provided in this Section 7.

Appears in 1 contract

Samples: Employment Agreement (Activision Inc /Ny)

No Mitigation. Except as otherwise set forth in Section 8, Executive shall will not be required to mitigate the amount of any payment provided for in this Section paragraph 6 by seeking other employment or otherwise, nor shall will the amount of any payment or benefit provided for in this Section paragraph 6 be reduced by any compensation earned by Executive him as the result of employment by another employer or self-employment or by retirement benefits.benefits after the date of termination, or otherwise. Exhibit 10.7

Appears in 1 contract

Samples: Employment Agreement (Fbo Air, Inc.)

No Mitigation. Except as otherwise set forth in Section 8, Executive shall not be required to mitigate the amount of any payment payments provided for in this Section 6 Sections 7(f) and 7(g) by seeking other employment or otherwise, nor shall the amount of any payment payments or benefit benefits provided for in this Section 6 Sections 7(f) and 7(g) be reduced by any compensation earned by Executive as the a result of employment by another employer or self-employment or by retirement benefits.

Appears in 1 contract

Samples: Employment Agreement (Royal Caribbean Cruises LTD)

No Mitigation. Except as otherwise set forth in Section 8, The Executive shall not be required to mitigate the amount of any payment provided for in this Section 6 5 by seeking other employment or otherwise, otherwise nor shall the amount of any payment or benefit provided for in this Section 6 5 be reduced by any compensation earned by Executive as the result of Executive’s employment by another employer or self-employment business or by retirement benefitsprofits earned by Executive from any other source in connection with Executive’s provision of services at any time after the Date of Termination.

Appears in 1 contract

Samples: Employment Agreement (Sequential Brands Group, Inc.)

No Mitigation. Except as otherwise set forth in Section 8, Executive shall not be required to mitigate the amount of any payment provided for in this Section 6 by seeking other employment or otherwise, nor shall the amount of any payment or benefit provided for in this Section 6 be reduced by any compensation earned canned by Executive as the result of employment by another employer or self-employment or by retirement benefits.

Appears in 1 contract

Samples: Employment Agreement (Endologix Inc /De/)

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