Common use of No Obligation to Mitigate Damages; No Effect on Other Contractual Rights Clause in Contracts

No Obligation to Mitigate Damages; No Effect on Other Contractual Rights. 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 resignation or termination, or, with respect to amounts payable pursuant to Section 3.04, by any set-off, counterclaim, recoupment, defense or other right which the Company may have against the Executive. The provisions of this Agreement, and any payment provided for hereunder, shall not reduce any amounts otherwise payable, or in any way diminish the Executive's existing rights, or rights the Executive may acquire in the future, under any Executive benefit plan, incentive plan, employment agreement or other contract, plan or arrangement.

Appears in 9 contracts

Samples: Employment Agreement (Mayors Jewelers Inc/De), Employment Agreement (Jan Bell Marketing Inc), Employment Agreement (Jan Bell Marketing Inc)

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No Obligation to Mitigate Damages; No Effect on Other Contractual Rights. The Executive 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 EXECUTIVE as the result of employment by another employer after the date of resignation or termination, or, with respect to amounts payable pursuant to Section 3.04, by any set-offsetoff, counterclaim, recoupment, defense or other right which the Company EMPLOYER may have against the ExecutiveEXECUTIVE. The provisions of this Agreement, and any payment provided for hereunder, shall not reduce any amounts otherwise payable, or in any way diminish the Executive's EXECUTIVE’s existing rights, or rights the Executive EXECUTIVE may acquire in the future, under any Executive EXECUTIVE benefit plan, incentive plan, employment agreement Employment Agreement or other contract, plan or arrangement.

Appears in 1 contract

Samples: Employment Agreement (Birks & Mayors Inc.)

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No Obligation to Mitigate Damages; No Effect on Other Contractual Rights. The Executive 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 EXECUTIVE as the result of employment by another employer after the date of resignation or termination, or, with respect to amounts payable pursuant to Section 3.04, by any set-offsetoff, counterclaim, recoupment, defense or other right which the Company EMPLOYER may have against the ExecutiveEXECUTIVE. The provisions of this Agreement, and any payment provided for hereunder, shall not reduce any amounts otherwise payable, or in any way diminish the Executive's EXECUTIVE’s existing rights, or rights the Executive EXECUTIVE may acquire in the future, under any Executive EXECUTIVE benefit plan, incentive plan, employment agreement or other contract, plan or arrangement.

Appears in 1 contract

Samples: Employment Agreement (Mayors Jewelers Inc/De)

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