Settlement of Claims. 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 circumstances, including, without limitation, any set-off, counterclaim, recoupment, defense or other right which the Company may have against an Executive or others.
Appears in 19 contracts
Samples: Agreement (Mti Technology Corp), Severance Agreement (Mti Technology Corp), Severance Agreement (Mti Technology Corp)
Settlement of Claims. 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 circumstances, including, without limitation, any set-offoff (except against amounts actually owed by the Executive to the Company as evidenced by promissory notes, loan agreements and similar documents executed by the Executive), counterclaim, recoupmentdefense, defense recoupment or other right which the Company may have against an the Executive or others.
Appears in 17 contracts
Samples: Employment Agreement (Pegasus Solutions Inc), Employment Agreement (Pegasus Solutions Inc), Employment Agreement (Pegasus Solutions Inc)
Settlement of Claims. The Except as otherwise provided, 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 circumstances, including, without limitation, any set-off, counterclaim, recoupment, defense or other right which the Company may have against an the Executive or others.
Appears in 14 contracts
Samples: Employment Agreement (Too Inc), Employment Agreement (Too Inc), Employment Agreement (Too Inc)
Settlement of Claims. 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 circumstances, including, without limitation, any set-off, counterclaim, recoupment, defense or other right which the Company may have against an Executive Officer or others.
Appears in 10 contracts
Samples: Executive Agreement (Akorn Inc), Employment Agreement (Akorn Inc), Employment Agreement (Akorn Inc)
Settlement of Claims. The CompanyEmployer's obligation to make the payments provided for in this Agreement and otherwise to perform its obligations hereunder shall not be affected by any circumstances, including, without limitation, any set-off, counterclaim, recoupment, defense or other right which the Company may have against an the Executive or others.
Appears in 8 contracts
Samples: Change in Control Agreement (Equity Office Properties Trust), Change in Control Agreement (Equity Office Properties Trust), Change in Control Agreement (Equity Office Properties Trust)
Settlement of Claims. The Except as otherwise provided, 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 circumstances, including, without limitation, any set-off, counterclaim, recoupment, defense or other right which the Company may have against an the Executive or others.
Appears in 7 contracts
Samples: Employment Agreement (Dress Barn Inc), Executive Agreement Ronnie Robinson (Tween Brands, Inc.), Employment Agreement (Tween Brands, Inc.)
Settlement of Claims. 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 circumstances, including, without limitation, any set-off, counterclaim, recoupment, defense or other right which the Company may have against an the Executive or others. 12.
Appears in 4 contracts
Samples: Change in Control Agreement (Evans Withycombe Residential Inc), Change in Control Agreement (Evans Withycombe Residential Inc), Change in Control Agreement (Evans Withycombe Residential Inc)
Settlement of Claims. 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 circumstances, including, without limitation, any set-off, counterclaim, recoupment, defense or other right which the Company may have against an Executive the Chief Financial Officer or others.
Appears in 4 contracts
Samples: Change in Control Agreement (Powerwave Technologies Inc), Severance Agreement (Powerwave Technologies Inc), Change in Control Agreement (Powerwave Technologies Inc)
Settlement of Claims. 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 circumstances, including, without limitation, any set-off, counterclaim, recoupment, defense or other right which the Company may have against an the Chief Executive Officer or others.
Appears in 4 contracts
Samples: Severance Agreement (Powerwave Technologies Inc), Severance Agreement (Powerwave Technologies Inc), Change in Control Agreement (Powerwave Technologies Inc)
Settlement of Claims. 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 circumstances, including, without limitation, any set-off, counterclaim, recoupment, defense or other right which the Company may have against an Executive Employee or othersothers except as set forth in Section 3.5.
Appears in 4 contracts
Samples: Change in Control (Foothills Resources Inc), Control / Severance / Retention Agreement (Foothills Resources Inc), Change in Control (Foothills Resources Inc)
Settlement of Claims. 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 circumstances, including, including without limitation, any set-off, counterclaim, defense, recoupment, defense or other right which the Company may have against an the Executive or others.
Appears in 4 contracts
Samples: Employment Agreement (Remington Oil & Gas Corp), Employment Agreement (Remington Oil & Gas Corp), Employment Agreement (Remington Oil & Gas Corp)
Settlement of Claims. 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 circumstances, including, without limitation, any set-off, counterclaim, recoupment, defense recoupment or other right which the Company may have against an Executive the Manager or others.
Appears in 2 contracts
Samples: Termination Protection Agreement (Osullivan Industries Holdings Inc), Termination Protection Agreement (Osullivan Industries Holdings Inc)
Settlement of Claims. 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 circumstances, including, without limitation, any set-off, counterclaim, recoupment, defense or other right which the Company or any of its Subsidiaries may have against an the Executive or others.
Appears in 2 contracts
Samples: Control Agreement (Kentucky Utilities Co), Control Agreement (Louisville Gas & Electric Co /Ky/)
Settlement of Claims. 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 circumstances, including, without limitation, any set-off, counterclaim, recoupment, defense or other right which the Company may have against an Executive the Chief Operating Officer or others.
Appears in 2 contracts
Samples: Severance Agreement (Powerwave Technologies Inc), Change in Control Agreement (Powerwave Technologies Inc)
Settlement of Claims. 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 circumstances, including, without limitation, any set-off, counterclaim, recoupment, defense or other right which that the Company may have against an Executive or others.
Appears in 1 contract
Samples: Change of Control Agreement (Pacific Gulf Properties Inc)
Settlement of Claims. 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 circumstances, including, without limitation, any set-off, counterclaim, defense, recoupment, defense or other right which the Company may have against an Executive the Employee or others.
Appears in 1 contract
Settlement of Claims. The Except as otherwise provided, 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 circumstances, including, without limitation, any set-off, counterclaim, recoupment, defense or other right which the Company may have against an the Executive or others.. 151
Appears in 1 contract
Samples: Employment Agreement (Too Inc)
Settlement of Claims. The Company's obligation to make the payments provided for in this Agreement and otherwise to perform its obligations hereunder shall Agreements will not be affected by any circumstances, including, without limitation, any set-off, counterclaim, recoupmentdefense, defense recoupment or other right which the Company may have against an the Executive or others.
Appears in 1 contract
Samples: Control Severance Protection Agreement (Cabot Microelectronics Corp)
Settlement of Claims. 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 circumstances, including, without limitation, any set-off, counterclaim, recoupment, defense or other right which the Company may have against an Executive Protected Officer or others.
Appears in 1 contract
Samples: Compensation Protection Agreement (American Pharmaceutical Partners Inc /De/)
Settlement of Claims. 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 circumstances, including, without limitation, any set-off, counterclaim, defense, recoupment, defense or other right which the Company may have against an the Executive or others.. 7.5
Appears in 1 contract
Samples: Severance Compensation Agreement (Fireplace Manufacturers Inc)
Settlement of Claims. 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 circumstances, including, including without limitation, limitation any set-off, counterclaim, recoupment, defense or other right which the Company or any of its subsidiaries may have against an the Executive or others.
Appears in 1 contract
Settlement of Claims. The Except as otherwise provided, 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 circumstances, including, without limitation, any set-off, counterclaim, recoupment, defense or other right which the Company may have against an the Executive or others.
Appears in 1 contract
Samples: Employment Agreement (Too Inc)
Settlement of Claims. 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 circumstances, including, without limitation, any set-offsetoff, counterclaim, defense, recoupment, defense or other right which the Company may have against an the Executive or others.
Appears in 1 contract
Samples: Change in Control Agreement (Analysis & Technology Inc)
Settlement of Claims. 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 circumstances, including, without limitation, any set-off, counterclaim, recoupment, defense or other right which the Company may have against an Executive or others.
Appears in 1 contract
Samples: Continuing Arrangement Agreement (American Pharmaceutical Partners Inc /De/)
Settlement of Claims. 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 circumstances, including, without limitation, any set-off, counterclaim, recoupment, defense or other right which the Company or any of its Subsidiaries may have against an the Executive or others.
Appears in 1 contract
