Common use of No Obligation to Mitigate Clause in Contracts

No Obligation to Mitigate. Executive shall not be required to mitigate the amount of any payment or other benefit required to be paid to Executive pursuant to this Agreement, whether by seeking other employment or otherwise, nor shall the amount of any such payment or other benefit be reduced on account of any compensation earned by Executive as a result of employment by another person; provided that Executive and Executive’s dependents shall not be entitled to continue to participate in the welfare benefit plans of the Company and its Subsidiaries if Executive is covered by the welfare benefit plans of another employer.

No Obligation to Mitigate. Executive shall will not be required to mitigate the amount of any payment or other benefit required to be paid to Executive pursuant to provided for in this Agreement, whether Agreement by seeking other employment or otherwise, nor shall will the amount of any such payment or other benefit provided for in this Agreement be reduced on account of by any compensation or benefit earned by Executive as a the result of employment by another personemployer, by retirement benefits, by offset or otherwise; provided provided, that Executive and Executive’s dependents shall payments by a Successor designated as payments under this Agreement will be credited against the obligations under this Agreement whether or not be entitled to continue to participate in the welfare benefit plans of paying entity is the Company and its Subsidiaries if Executive is covered by the welfare benefit plans of another employerCompany.

No Obligation to Mitigate. Executive shall not be required to mitigate the amount of any payment or other benefit required to be paid to Executive pursuant to this Agreement, whether by seeking other employment or otherwise, nor shall the amount of any such payment or other benefit be reduced on account of any compensation earned by Executive as a result of employment by another person; provided that Executive and Executive’s dependents shall not be entitled to continue to participate in the welfare benefit plans of the Company and its Subsidiaries if Executive is covered by the welfare benefit plans of another employer.

No Obligation to Mitigate. The Executive shall not be required ------------------------- to mitigate the amount of any payment or other benefit required to be paid to the Executive pursuant to this Agreement, whether by seeking other employment or otherwise, nor shall the amount of any such payment or other benefit be reduced on account of any compensation earned by the Executive as a result of employment by another person; provided that Person. No amount paid or payable to the Executive and Executive’s dependents by HERTH at any time or for any reason shall not be entitled considered in mitigation of any amount due to continue to participate in the welfare benefit plans of the Company and its Subsidiaries if Executive is covered by the welfare benefit plans of another employerhim under this Agreement.

No Obligation to Mitigate. Executive shall not be required to mitigate the amount of any payment or other benefit required to be paid to Executive pursuant to provided for in this Agreement, whether Agreement by seeking other employment or otherwiseotherwise and, nor except as otherwise expressly provided under this Agreement, and no payment hereunder shall be offset or reduced by the amount of any such payment compensation or other benefit be reduced on account of benefits provided to Executive in any compensation earned by Executive subsequent employment or business venture, except as a result of employment by another person; provided that Executive and Executive’s dependents shall not be entitled to continue to participate in the welfare benefit plans of the Company and its Subsidiaries if Executive is covered by the welfare benefit plans of another employerotherwise stated herein.

No Obligation to Mitigate. The Executive shall not be required to mitigate the amount of any payment or other benefit required to be paid to the Executive pursuant to this Agreement, whether by seeking other employment or otherwise, nor shall the amount of any such payment or other benefit be reduced on account of any compensation earned by the Executive as a result of employment by another person; provided that Person. No amount paid or payable to the Executive and Executive’s dependents by HERTH at any time or for any reason shall not be entitled considered in mitigation of any amount due to continue to participate in the welfare benefit plans of the Company and its Subsidiaries if Executive is covered by the welfare benefit plans of another employerhim under this Agreement.

No Obligation to Mitigate. Executive shall not be required to mitigate the amount of any payment or other benefit required to be paid to Executive pursuant to this Agreement, whether by seeking other employment or otherwise, nor shall the amount of any such payment or other benefit be reduced on account of any compensation earned by Executive as a result of employment by another person; provided that Executive and Executive’s 's dependents shall not be entitled to continue to participate in the welfare benefit group health insurance plans of the Company and its Subsidiaries if Executive is covered by the welfare benefit group health insurance plans of another employer.

No Obligation to Mitigate. Executive shall not be required to mitigate the amount of any payment or other benefit required to be paid to Executive pursuant to this Agreement, whether by seeking other employment or otherwise, nor shall the amount of any such payment or other benefit be reduced on account of any compensation earned by Executive as a result of employment by another person; provided that Executive and Executive’s dependents shall not be entitled to continue to participate in the welfare benefit plans group health insurance programs of the Company and its Subsidiaries if Executive is covered by the welfare benefit plans insurance program of another employer.