Common use of No Set-off or Mitigation Clause in Contracts

No Set-off or Mitigation. Company’s obligation to make the payments provided for in this Agreement and otherwise to perform its obligations hereunder shall not be affected by any set-off, counterclaim, recoupment, defense or other claim, right or action which Company may have against Executive or others. In no event shall Executive be obligated to seek other employment or take any other action by way of mitigation of the amounts payable to Executive under any of the provisions of this Agreement and, except as otherwise provided herein, such amounts shall not be reduced whether or not Executive obtains other employment.

Appears in 26 contracts

Samples: Employment Agreement (Livongo Health, Inc.), Employment Agreement (Livongo Health, Inc.), Employment Agreement (Livongo Health, Inc.)

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No Set-off or Mitigation. The Company’s obligation obligations to make the payments provided for in under this Agreement and otherwise to perform its obligations hereunder shall not be affected by any set-off, counterclaim, recoupment, defense recoupment or other claim, right claim the Company or action which Company any of its affiliates may have against the Executive. The Executive or others. In no event shall Executive be obligated does not need to seek other employment or take any other action by way of mitigation of to mitigate any amounts owed to the amounts payable to Executive under any of the provisions of this Agreement andAgreement, except as otherwise provided herein, such and those amounts shall not be reduced whether or not if the Executive obtains does obtain other employment.

Appears in 25 contracts

Samples: Employment Agreement (DigitalBridge Group, Inc.), Employment Agreement (DigitalBridge Group, Inc.), Employment Agreement (BrightSpire Capital, Inc.)

No Set-off or Mitigation. Company’s The Corporation's obligation to make the payments provided for in this Agreement and otherwise to perform its obligations hereunder shall not be affected by any set-off, counterclaim, recoupment, defense or other claim, right or action which Company the Corporation may have against the Executive or others. 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 andAgreement, except as otherwise provided herein, and such amounts shall not be reduced whether or not the Executive obtains other employment.

Appears in 17 contracts

Samples: Transitional Compensation Agreement (Woodward Governor Co), Employment Agreement (Household International Inc), Employment Agreement (Household International Inc)

No Set-off or Mitigation. The Company’s obligation to make the payments provided for in this Agreement and otherwise to perform its obligations hereunder shall not be affected by any set-set off, counterclaim, recoupment, defense or other claim, right or action which the Company may have against the Executive or others. In the event of any termination of the Executive’s employment under this Agreement, he shall be under no event shall Executive be obligated obligation to seek other employment or take otherwise in any other action by way to mitigate the amount of mitigation of the amounts payable to Executive under any of the provisions of this Agreement and, except as otherwise payment provided herein, such amounts shall not be reduced whether or not Executive obtains other employmentfor hereunder.

Appears in 13 contracts

Samples: Executive Employment Agreement (KalVista Pharmaceuticals, Inc.), Employment Agreement (INSMED Inc), Executive Employment Agreement (Leap Therapeutics, Inc.)

No Set-off or Mitigation. The Company’s obligation to make the payments provided for in this Agreement and otherwise to perform its obligations hereunder shall not be affected by any set-set­ off, counterclaim, recoupment, defense or other claim, right or action which the Company may have against the Executive or others. In the event of any termination of the Executive’s employment under this Agreement, he shall be under no event shall Executive be obligated obligation to seek other employment or take otherwise in any other action by way to mitigate the amount of mitigation of the amounts payable to Executive under any of the provisions of this Agreement and, except as otherwise payment provided herein, such amounts shall not be reduced whether or not Executive obtains other employmentfor hereunder.

Appears in 9 contracts

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

No Set-off or Mitigation. Company’s The Corporation's obligation to make the payments provided for in this Agreement and otherwise to perform its obligations hereunder shall not be affected by any set-off, counterclaim, recoupment, defense or other claim, right or action which Company the Corporation may have against the Executive or others. 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 otherwise provided herein, and such amounts shall not be reduced whether or not the Executive obtains other employment.

Appears in 7 contracts

Samples: Employment Agreement (Alliance Imaging Inc /De/), Employment Agreement (Alliance Imaging Inc /De/), Employment Agreement (Alliance Imaging Inc /De/)

No Set-off or Mitigation. The Company’s obligation to make the payments provided for in this Agreement and otherwise to perform its obligations hereunder shall not be affected by any set-off, counterclaim, recoupment, defense or other claim, right or action which the Company may have against the Executive or others. 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 otherwise provided herein, such amounts shall not be reduced whether or not Executive obtains other employmentAgreement.

Appears in 6 contracts

Samples: Executive Employment Agreement (ARKO Corp.), Employment Agreement (SONNEN Corp), Employment Agreement (SONNEN Corp)

No Set-off or Mitigation. The Company’s obligation to make the payments provided for in this Agreement and otherwise to perform its obligations hereunder shall not be affected by any set-off, counterclaim, recoupment, defense or other claim, right or action which the Company may have against the Executive or others. 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 andAgreement, except as otherwise and the amounts payable and the benefits to be provided herein, such amounts by the Company to the Executive shall not be reduced whether mitigated in any way by reason of the Executive’s future employment or not Executive obtains other employmentotherwise.

Appears in 6 contracts

Samples: Employment Agreement (Terremark Worldwide Inc.), Employment Agreement (Terremark Worldwide Inc), Employment Agreement (Terremark Worldwide Inc)

No Set-off or Mitigation. CompanyThe Corporation’s obligation to make the payments provided for in this Agreement and otherwise to perform its obligations hereunder shall not be affected by any set-off, counterclaim, recoupment, defense or other claim, right or action which Company the Corporation may have against the Executive or others. 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 andAgreement, except as otherwise provided herein, and such amounts shall not be reduced whether or not the Executive obtains other employment.

Appears in 5 contracts

Samples: Transitional Compensation Agreement (Woodward Governor Co), Transitional Compensation Agreement (Woodward Governor Co), Transitional Compensation Agreement (Woodward Governor Co)

No Set-off or Mitigation. The Company’s obligation to make the payments provided for in this Agreement and otherwise to perform its obligations hereunder shall not be affected by any set-set- off, counterclaim, recoupment, defense or other claim, right or action which the Company may have against the Executive or others. In the event of any termination of the Executive’s employment under this Agreement, he shall be under no event shall Executive be obligated obligation to seek other employment or take otherwise in any other action by way to mitigate the amount of mitigation of the amounts payable to Executive under any of the provisions of this Agreement and, except as otherwise payment provided herein, such amounts shall not be reduced whether or not Executive obtains other employmentfor hereunder.

Appears in 5 contracts

Samples: Executive Employment Agreement (Leap Therapeutics, Inc.), Employment Agreement (INSMED Inc), Employment Agreement (INSMED Inc)

No Set-off or Mitigation. The Company’s 's obligation to make the payments provided for or in this Agreement and otherwise to perform its obligations hereunder shall not be affected by any set-off, counterclaim, recoupment, defense or other claim, right or action which the Company may have against Executive or others. In no event shall Executive be obligated to seek other employment or take any other action by way of mitigation of the amounts payable to Executive under any of the provisions of this Agreement and, except as otherwise provided herein, such amounts shall not be reduced whether or not Executive obtains other employment.

Appears in 5 contracts

Samples: Employment Agreement (Allscripts Healthcare Solutions Inc), Employment Agreement (Allscripts Healthcare Solutions Inc), Employment Agreement (Allscripts Healthcare Solutions Inc)

No Set-off or Mitigation. The Company’s obligation to make the payments provided for in this Agreement and otherwise to perform its obligations hereunder shall not be affected by any set-offsetoff, counterclaim, recoupment, defense defense, or other claim, right or action which that the Company may have against Executive or others, except to the extent of the mitigation and setoff provisions provided for in this Agreement. In no event shall Executive be obligated to seek other employment or take any other action by way of mitigation of the amounts payable to Executive under any of the provisions of this Agreement and, except as otherwise provided herein, and such amounts shall not be reduced whether or not Executive obtains other employment.

Appears in 3 contracts

Samples: Employment Agreement (New Generation Biofuels Holdings, Inc), Employment Agreement (New Generation Biofuels Holdings, Inc), Employment Agreement (New Generation Biofuels Holdings, Inc)

No Set-off or Mitigation. The Company’s obligation to make the payments provided for or in this Agreement and otherwise to perform its obligations hereunder shall not be affected by any set-off, counterclaim, recoupment, defense or other claim, right or action which the Company may have against Executive or others. In no event shall Executive be obligated to seek other employment or take any other action by way of mitigation of the amounts payable to Executive under any of the provisions of this Agreement and, except as otherwise provided herein, such amounts shall not be reduced whether or not Executive obtains other employment.

Appears in 3 contracts

Samples: Employment Agreement (Allscripts Healthcare Solutions Inc), Employment Agreement (Allscripts Healthcare Solutions Inc), Employment Agreement (Allscripts Healthcare Solutions Inc)

No Set-off or Mitigation. The Company’s obligation to make the payments provided for in this Agreement and otherwise to perform its obligations hereunder shall not be affected by any compensation earned by the Executive as a result of his employment by another employer or otherwise, or any set-off, counterclaim, recoupment, defense or other claim, right or action which the Company may have against the Executive or others. 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 otherwise provided herein, such amounts shall not be reduced whether or not Executive obtains other employmentAgreement.

Appears in 3 contracts

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

No Set-off or Mitigation. CompanyThe Corporation’s obligation to make the payments provided for in this Agreement and otherwise to perform its obligations hereunder shall not be affected by any set-off, counterclaim, recoupment, defense or other claim, right or action which Company the Corporation may have against the Executive or others. 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 otherwise provided herein, and such amounts shall not be reduced whether or not the Executive obtains other employment.

Appears in 3 contracts

Samples: Employment Agreement (Alliance Imaging Inc /De/), Employment Agreement (Alliance Imaging Inc /De/), Employment Agreement (Alliance Imaging Inc /De/)

No Set-off or Mitigation. The Company’s 's obligation to make the payments provided for in this Agreement and otherwise to perform its obligations hereunder shall not be affected by any set-off, counterclaim, recoupment, defense or other claim, right or action which the Company may have against Executive or others. In no event shall Executive be obligated to seek other employment or take any other action by way of mitigation of the amounts payable to Executive under any of the provisions of this Agreement andAgreement, except as otherwise provided herein, and such amounts shall not be reduced whether or not Executive obtains other employment.

Appears in 2 contracts

Samples: Retention Agreement (Office Depot Inc), Agreement (Office Depot Inc)

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No Set-off or Mitigation. Company’s The Corporation's obligation to make the ------------------------ payments provided for in this Agreement and otherwise to perform its obligations hereunder shall not be affected by any set-off, counterclaim, recoupment, defense or other claim, right or action which Company the Corporation may have against the Executive or others. 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 otherwise provided herein, and such amounts shall not be reduced whether or not the Executive obtains other employment.

Appears in 2 contracts

Samples: Employment Agreement (Alliance Imaging Inc /De/), Employment Agreement (Alliance Imaging Inc /De/)

No Set-off or Mitigation. The Company’s 's obligation to make the payments provided for in this Agreement and otherwise to perform its obligations hereunder shall not be affected by any set-off, counterclaim, recoupment, defense or other claim, right or action which the Company may have against the Executive or others. 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 andAgreement, except as otherwise provided herein, and such amounts shall not be reduced whether or not the Executive obtains other employment.

Appears in 1 contract

Samples: Transitional Compensation Agreement (CDW Computer Centers Inc)

No Set-off or Mitigation. Company’s The Corporation's obligation to make the payments provided for in this Agreement and otherwise to perform its obligations hereunder shall not be affected by any set-off, counterclaim, recoupment, defense or other claim, right or action which Company the Corporation may have against the Executive or others. 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 otherwise provided herein, and such amounts shall not be reduced whether or not the Executive obtains other employment. 9.

Appears in 1 contract

Samples: Agreement Regarding Severance Payments This Agreement Regarding Severance Payments (Dames & Moore Inc /De/)

No Set-off or Mitigation. The Company’s 's obligation to make the ------------------------ payments provided for in this Agreement and otherwise to perform its obligations hereunder shall not be affected by any set-off, counterclaim, recoupment, defense or other claim, right or action which the Company may have against Executive or others. In no event shall Executive be obligated to seek other employment or take any other action by way of mitigation of the amounts payable to Executive under any of the provisions of this Agreement and, except as otherwise provided herein, and such amounts shall not be reduced whether or not Executive obtains other employment.

Appears in 1 contract

Samples: Employment Agreement (Allscripts Inc /Il)

No Set-off or Mitigation. CompanyThe Corporation’s obligation to make the payments provided for in this Agreement and otherwise to perform its obligations hereunder shall not be affected by any set-offsetoff, counterclaim, recoupment, defense defense, or other claim, right or action which Company that the Corporation may have against Executive or others, except to the extent of the mitigation and setoff provisions provided for in this Agreement. In no event shall Executive be obligated to seek other employment or take any other action by way of mitigation of the amounts payable to Executive under any of the provisions of this Agreement and, except as otherwise provided herein, and such amounts shall not be he reduced whether or not Executive obtains other employment.

Appears in 1 contract

Samples: Employment Agreement (Wellcare Health Plans, Inc.)

No Set-off or Mitigation. Company’s obligation to make the payments provided for in this Agreement and otherwise to perform its obligations hereunder shall not be affected by any set-off, counterclaim, recoupment, defense or other claim, right or action which Company may have against Executive or others. In no event shall Executive be obligated to seek other employment or take any other action by way of mitigation of the amounts payable to Executive under any of the provisions of this Agreement and, except as otherwise expressly provided herein, such amounts shall not be reduced whether or not Executive obtains other employment.

Appears in 1 contract

Samples: Employment Agreement (Allscripts-Misys Healthcare Solutions, Inc.)

No Set-off or Mitigation. The Company’s 's obligation to make the payments provided for in this Agreement and otherwise to perform its obligations hereunder shall not be affected by any compensation earned by the Executive as a result of his employment by another employer or otherwise, or any set-off, counterclaim, recoupment, defense or other claim, right or action which the Company may have against the Executive or others. 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 otherwise provided herein, such amounts shall not be reduced whether or not Executive obtains other employmentAgreement.

Appears in 1 contract

Samples: Employment Agreement (Loop Media, Inc.)

No Set-off or Mitigation. The Company’s obligation to make the provide payments provided for in and benefits under this Agreement and otherwise to perform its obligations hereunder shall will not be affected by any set-off, counterclaim, recoupment, defense or other claim, right or action which that the Company may have against Executive or others. In no event shall will Executive be obligated to seek other employment or take any other action by way of mitigation of the amounts payable to Executive under any of the provisions of this Agreement and, except as otherwise provided herein, and such amounts shall will not be reduced whether or not the Executive obtains other employment.. o O o JULY 19, 2011

Appears in 1 contract

Samples: Change in Control Agreement (Pmi Group Inc)

No Set-off or Mitigation. Company’s The Corporation's obligation to make the payments provided for in this Agreement and otherwise to perform its obligations hereunder shall not be affected by any set-off, counterclaim, recoupment, defense or other claim, right or action which Company the Corporation may have against the Executive or others. 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 andAgreement, except as otherwise provided herein, and such amounts shall not be reduced whether or not the Executive obtains other employmentemployment .

Appears in 1 contract

Samples: Employment Agreement (Household International Inc)

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