No Obligation to Mitigate Damages; No Effect on Other Contractual Rights. (a) All compensation and benefits provided to the Executive under this Agreement are in consideration of the Executive’s services rendered to the Company and of the Executive’s adhering to the terms set forth in Section 5 hereof and the Executive shall not be required to mitigate damages or the amount of any payment provided for under this Agreement by seeking other employment or otherwise, nor shall the amount of any payment provided for under this Agreement be reduced by any compensation earned by the Executive as the result of employment by another employer after the Date of Termination, or otherwise.
Appears in 20 contracts
Samples: Key Employee Retention (Mimedx Group, Inc.), Key Employee Retention Agreement (Mimedx Group, Inc.), Restrictive Covenant Agreement (Mimedx Group, Inc.)
No Obligation to Mitigate Damages; No Effect on Other Contractual Rights. (a) All compensation and benefits provided to the Executive under this Agreement are in consideration of the Executive’s 's services rendered to the Company and of the Executive’s 's adhering to the terms set forth in Section 5 hereof and the Executive shall not be required to mitigate damages or the amount of any payment provided for under this Agreement by seeking other employment or otherwise, nor shall the amount of any payment provided for under this Agreement be reduced by any compensation earned by the Executive as the result of employment by another employer after the Date of Termination, or otherwise.
Appears in 17 contracts
Samples: Change in Control Severance Compensation and Restrictive Covenant Agreement (Matria Healthcare Inc), Change in Control Severance Compensation and Restrictive Covenant Agreement (Matria Healthcare Inc), Severance Compensation and Restrictive Covenant Agreement (Matria Healthcare Inc)
No Obligation to Mitigate Damages; No Effect on Other Contractual Rights. (a) All compensation and benefits provided to the Executive under this Agreement are in consideration of the Executive’s services rendered to the Company and of the Executive’s adhering to the terms set forth in Section 5 hereof and the The Executive shall not be required to mitigate damages or the amount of any payment provided for under this Agreement by seeking other employment or otherwise, nor shall the amount of any payment provided for under this Agreement be reduced by any compensation earned by the Executive as the result of employment by another employer after the Date of Termination, or otherwise. The amounts payable to the Executive under Section 5 hereof shall not be treated as damages but as severance compensation to which the Executive is entitled by reason of termination of the Executive's employment in the circumstances contemplated by this Agreement.
Appears in 9 contracts
Samples: Employment Agreement (Genesis Healthcare Corp), Employment Agreement (Genesis Healthcare Corp), Employment Agreement (Genesis Healthcare Corp)
No Obligation to Mitigate Damages; No Effect on Other Contractual Rights. (a) All compensation and benefits provided to the Executive under this Agreement are in consideration of the Executive’s services rendered to the Company and of the Executive’s adhering to the terms set forth in Section 5 4 hereof and the Executive shall not be required to mitigate damages or the amount of any payment provided for under this Agreement by seeking other employment or otherwise, nor shall the amount of any payment provided for under this Agreement be reduced by any compensation earned by the Executive as the result of employment by another employer after the Date of Termination, or otherwise.
Appears in 7 contracts
Samples: Severance Compensation (Matria Healthcare Inc), Severance Compensation (Matria Healthcare Inc), Severance Compensation (Matria Healthcare Inc)
No Obligation to Mitigate Damages; No Effect on Other Contractual Rights. (a) a. All compensation and benefits provided to the Executive under this Agreement are in consideration of the Executive’s services rendered to the Company and of the Executive’s adhering to the terms set forth in Section 5 hereof and the Executive shall not be required to mitigate damages or the amount of any payment provided for under this Agreement by seeking other employment or otherwise, nor shall the amount of any payment provided for under this Agreement be reduced by any compensation earned by the Executive as the result of employment by another employer after the Date of Termination, or otherwise.
Appears in 5 contracts
Samples: Retention Agreement (American Software Inc), Retention Agreement (American Software Inc), Retention Agreement (American Software Inc)
No Obligation to Mitigate Damages; No Effect on Other Contractual Rights. (a) All compensation and benefits provided to the Executive under this Agreement are in consideration of the Executive’s 's services rendered to the Company and of the Executive’s 's adhering to the terms set forth in Section 5 4 hereof and the Executive shall not be required to mitigate damages or the amount of any payment provided for under this Agreement by seeking other employment or otherwise, nor shall the amount of any payment provided for under this Agreement be reduced by any compensation earned by the Executive as the result of employment by another employer after the Date of Termination, or otherwise.
Appears in 3 contracts
Samples: Severance Compensation and Restrictive Covenant Agreement (Matria Healthcare Inc), Severance Compensation and Restrictive Covenant Agreement (Matria Healthcare Inc), Severance Compensation and Restrictive Covenant Agreement (Matria Healthcare Inc)
No Obligation to Mitigate Damages; No Effect on Other Contractual Rights. (a) All compensation and benefits provided to the Executive under this Agreement are in consideration of the Executive’s services rendered to the Company and of the Executive’s 's adhering to the terms set forth in Section 5 5(a) hereof and the Executive shall not be required to mitigate damages or the amount of any payment provided for under this Agreement by seeking other employment or otherwise, nor shall the amount of any payment provided for under this Agreement be reduced by any compensation earned by the Executive as the result of employment by another employer after the Date of Termination, or otherwise.
Appears in 1 contract
Samples: Non Competition Agreement (Healthdyne Technologies Inc)
No Obligation to Mitigate Damages; No Effect on Other Contractual Rights. (a) All compensation and benefits provided to the Executive under this Agreement are in consideration of the Executive’s services rendered to the Company and of the Executive’s adhering to the terms set 4837-2534-9826.4 forth in Section 5 hereof and the Executive shall not be required to mitigate damages or the amount of any payment provided for under this Agreement by seeking other employment or otherwise, nor shall the amount of any payment provided for under this Agreement be reduced by any compensation earned by the Executive as the result of employment by another employer after the Date of Termination, or otherwise.
Appears in 1 contract
No Obligation to Mitigate Damages; No Effect on Other Contractual Rights. (a( a ) All compensation and benefits provided to the Executive under this Agreement are in consideration of the Executive’s services rendered to the Company and of the Executive’s adhering to the terms set forth in Section 5 4 hereof and the Executive shall not be required to mitigate damages or the amount of any payment provided for under this Agreement by seeking other employment or otherwise, nor shall the amount of any payment provided for under this Agreement be reduced by any compensation earned by the Executive as the result of employment by another employer after the Date of Termination, or otherwise.
Appears in 1 contract
Samples: Restrictive Covenant Agreement (Matria Healthcare Inc)
No Obligation to Mitigate Damages; No Effect on Other Contractual Rights. (a) All compensation and benefits provided to the Executive under this Agreement are in consideration of the Executive’s services rendered to the Company and the obligations of the Executive’s adhering to the terms set forth in Section 5 hereof and the Executive undertaken herein. Executive shall not be required to mitigate damages or the amount of any payment provided for under this Agreement by seeking other employment or otherwise, nor shall the amount of any payment provided for under this Agreement be reduced by any compensation earned by the Executive as the result of employment by another employer after the Date of Termination, or otherwise.
Appears in 1 contract
Samples: Severance, Release and Restrictive Covenant Agreement (Matria Healthcare Inc)