No Mitigation Contract Clauses (555)

Grouped Into 20 Collections of Similar Clauses From Business Contracts

This page contains No Mitigation clauses in business contracts and legal agreements. We have organized these clauses into groups of similarly worded clauses.
No Mitigation. The Company agrees that, if the Executive's employment by the Company is terminated during the term of this Agreement, the Executive is not required to seek other employment or to attempt in any way to reduce any amounts payable to the Executive by the Company pursuant to Section 4 hereof. Further, the amount of any payment provided for in this Agreement shall not be reduced by any compensation earned by the Executive as the result of employment by another employer, by retirement benefits, by of...fset against any amount claimed to be owed by the Executive to the Company or otherwise. View More
Found in Brookline Bancorp, Inc. contract
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No Mitigation. The Company agrees that, if the Executive's employment by the Company is terminated during the term of this Agreement, the Executive is not required to seek other employment or to attempt in any way to reduce any amounts payable to the Executive by the Company pursuant to Section 4 5 or Section 6 hereof. Further, the amount of any payment provided for in this Agreement shall not be reduced by any compensation earned by the Executive as the result of employment by another employer, by retirement ...benefits, by offset against any amount claimed to be owed by the Executive to the Company or otherwise. employer. View More
Found in Esperion Therapeutics, Inc. contract
No Mitigation. The Company agrees that, if the Executive's employment by the Company is terminated during the term of this Agreement, the Executive is not required to seek other employment or to attempt in any way to reduce any amounts payable to the Executive by the Company pursuant to Section 4 6 or Section 7 hereof. Further, the amount of any payment provided for in this Agreement shall not be reduced by any compensation earned by the Executive as the result of employment by another employer, by retirement ...benefits, by offset against any amount claimed to be owed by the Executive to the Company or otherwise. employer. View More
Found in Surface Oncology, Inc. contract
No Mitigation. The Company agrees that, if the Executive's employment by the Company is terminated during the term of this Agreement, the Executive is not required to seek other employment or to attempt in any way to reduce any amounts payable to the Executive by the Company pursuant to Section 4 6(b) hereof. Further, the amount of any payment provided for in this Agreement shall not be reduced by any compensation earned by the Executive as the result of employment by another employer, employer or by retiremen...t benefits, by offset against any amount claimed to be owed by the Executive to the Company or otherwise. benefits. View More
Found in ALNYLAM PHARMACEUTICALS, INC. contract
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No Mitigation. 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 such amounts shall not be reduced whether or not the Executive obtains other employment.
Found in Aon plc contract
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No Mitigation. In no event shall the Executive be obligated to seek other employment or take any other action by way of mitigation of the any amounts payable to the Executive under any of the provisions of this Agreement, Section 4(a) and such amounts shall not be reduced whether or not the Executive obtains other employment.
Found in SelectQuote, Inc. contract
No Mitigation. 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 Agreement and, except as otherwise provided herein, such amounts shall not be reduced whether or not the Executive obtains other employment.
Found in 3D Systems Corporation contract
No Mitigation. In no event shall the Executive be obligated to seek other employment or take any other action by way of mitigation of the any amounts payable to the Executive under any of the provisions of this Agreement, Section 4(a) hereof and such amounts shall not be reduced whether or not the Executive obtains other employment.
Found in PlayAGS, Inc. contract
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No Mitigation. The Employee shall not be required to mitigate the amount of any benefit provided for in this Agreement by seeking other employment or otherwise; nor shall the amount of any payment or benefit provided for in this Agreement be reduced by any compensation earned by the Employee as the result of employment by another employer, by retirement benefits after the date of termination (other than as may be required under Section 4 above) or otherwise.
Found in COMMUNITY BANCORP contract
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No Mitigation. The Employee shall not be required to mitigate the amount of any salary or other payment or benefit provided for in this Agreement by seeking other employment or otherwise; otherwise, nor shall the amount of any payment or benefit provided for in this Agreement be reduced by any compensation earned by the Employee as the result of employment by another employer, by retirement benefits after the date Date of termination (other than as may be required under Section 4 above) Termination or otherwis...e. View More
Found in HomeTrust Bancshares, Inc. contract
No Mitigation. The Employee Executive shall not be required to mitigate the amount of any benefit provided for in this Agreement by seeking other employment or otherwise; nor shall the amount of any payment or benefit provided for in this Agreement by seeking other employment or otherwise, nor shall the amount of any payment or benefit provided for herein be reduced by any compensation earned by the Employee as the result of other employment by another employer, by retirement benefits after the date of termina...tion (other than as may be required under Section 4 above) or otherwise. View More
Found in YORK WATER CO contract
No Mitigation. The Employee Executive shall not be required to mitigate the amount of any benefit payment provided for in this the Agreement by seeking other employment or otherwise; nor shall the amount of any payment or benefit provided for in this Agreement be reduced by any compensation earned by the Employee as the result of employment by another employer, by retirement benefits after the date of termination (other than as may be required under Section 4 above) or otherwise.
Found in Great Lakes Dredge & Dock CORP contract
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No Mitigation. The Company agrees that, if Employee's employment hereunder is terminated during the Employment Term, Employee is not required to seek other employment or to attempt in any way to reduce any amounts payable to Employee by the Company hereunder. Further, the amount of any payment or benefit provided for hereunder shall not be reduced by any compensation earned by Employee as the result of employment by another employer, by retirement benefits or otherwise.
Found in Dun & Bradstreet Holdings, Inc. contract
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No Mitigation. The Company and D&B agrees that, if Employee's employment hereunder is terminated during the Employment Term, Employee is not required to seek other employment or to attempt in any way to reduce any amounts payable to Employee by the Company or D&B hereunder. Further, the amount of any payment or benefit provided for hereunder (other than pursuant to Subsection 8(a)(iv) hereof) shall not be reduced by any compensation earned by Employee as the result of employment by another employer, by retirem...ent benefits or otherwise. View More
Found in Dun & Bradstreet Holdings, Inc. contract
No Mitigation. The Company agrees that, if Employee's Executive's employment hereunder is terminated during the Employment Term, Employee Executive is not required to seek other employment or to attempt in any way to reduce any amounts payable to Employee Executive by the Company hereunder. Further, the amount of any payment or benefit provided for hereunder shall not be reduced by any compensation earned by Employee Executive as the result of employment by another employer, by retirement benefits or otherwise.... View More
Found in NEUROTROPE BIOSCIENCE, INC. contract
No Mitigation. The Company agrees that, if the Employee's employment hereunder is terminated during the Employment Term, the Employee is not required to seek other employment or to attempt in any way to reduce any amounts payable to the Employee by the Company hereunder. Further, the amount of any payment or benefit provided for hereunder (other than pursuant to Subsection 9(a)(v) hereof) shall not be reduced by any compensation earned by the Employee as the result of employment by another employer, by retirem...ent benefits or otherwise. View More
Found in Fidelity National Financial, Inc. contract
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No Mitigation. Executive shall not be required to mitigate the amount of any payment provided for in this Agreement by seeking other employment or otherwise. No payment provided for in this Agreement shall be reduced by any compensation earned by Executive as the result of employment by another employer, or Executive's receipt of income from any other source, after the termination of his employment with the Company.
Found in Georgetown Bancorp, Inc. contract
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No Mitigation. The Executive shall not be required to mitigate the amount of any payment provided for in this Agreement by seeking other employment or otherwise. No payment provided for in this Agreement shall be reduced by any compensation earned by the Executive as the result of employment by another employer, or the Executive's receipt of income from any other source, sources, after the termination of his employment with the Company. Employer.
Found in NSTS Bancorp, Inc. contract
No Mitigation. The Executive shall not be required to mitigate the amount of any payment provided for in this Agreement by seeking other employment or otherwise. No payment provided for in this Agreement shall be reduced by any compensation earned by the Executive as the result of employment by another employer, or the Executive's receipt of income from any other source, sources, after the termination of his employment with the Company. Bank.
Found in LAKE SHORE BANCORP, INC. contract
No Mitigation. The Executive shall not be required to mitigate the amount of any payment provided for in this Agreement by seeking other employment or otherwise. No payment provided for in this Agreement shall be reduced by any compensation earned by the Executive as the result of employment by another employer, or the Executive's receipt of income from any other source, sources, after the termination of his employment with the Company. Bank.
Found in PCSB Financial Corp contract
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No Mitigation. No Participant shall be required to seek other employment or attempt in any way to reduce or mitigate any Severance Benefits payable under the Plan and the amount of any such Severance Benefits shall not be reduced by any other compensation paid or provided to any Participant following such Participant's termination of service.
Found in Realty Income Corporation contract
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No Mitigation. No Participant shall be required to seek other employment or to attempt in any way to reduce or mitigate any Severance Benefits benefits payable under the this Plan and the amount of any such Severance Benefits benefits shall not be reduced by any other compensation paid or provided to any Participant following such Participant's termination of service.
Found in Hilton Worldwide Holdings Inc contract
No Mitigation. No Participant shall be required to seek other employment or service or to attempt in any way to reduce or mitigate any Severance Benefits payable under the Plan this Plan, and the amount of any such Severance Benefits shall not be reduced by any other compensation paid or provided to any Participant following such Participant's termination of service. employment.
Found in WCI Communities, Inc. contract
No Mitigation. No Participant shall be required to seek other employment or to attempt in any way to reduce or mitigate any Severance Benefits payable under the Plan and the amount of any such Severance Benefits shall not be reduced by any other compensation paid or provided to any Participant following such Participant's termination of service.
Found in MPG Office Trust, Inc. contract
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No Mitigation. In no event shall the Participant be obligated to seek other employment or take any other action by way of mitigation of the amounts payable to the Participant under any of the provisions of this Plan and such amounts shall not be reduced whether or not the Participant obtains other employment.
Found in The E.W. Scripps Company contract
No Mitigation. In no event shall the a Participant be obligated to seek other employment or take any other action by way of mitigation of the amounts payable to the Participant under any of the provisions of this Plan and such amounts shall not be reduced whether or not the Participant obtains other employment. Plan.
Found in Teradata contract
No Mitigation. In no event shall the Participant be obligated to seek other employment or take any other action by way of mitigation of the amounts payable to the Participant under any of the provisions of this the Plan and, except as otherwise specifically provided in Section 4(d) and Section 4(e) of the Plan, such amounts shall not be reduced whether or not the Participant obtains other employment. employment, unless such employment is with the Company or any of its Affiliates.
Found in Scripps Networks Interactive, Inc. contract
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No Mitigation. If the Executive's employment with the Employer terminates following a Change in Control, the Executive is not required to seek other employment or to attempt in any way to reduce any amounts payable to the Executive by the Company pursuant to Section 6 or Section 7.4. Except as set forth in Section 6.1(B), the amount of any payment or benefit provided for in this Agreement shall not be reduced by any compensation earned by the Executive as the result of employment by another employer, by retire...ment benefits, by offset against any amount claimed to be owed by the Executive to the Company or the Employer, or otherwise. 7 9. Successors; Binding Agreement. 9.1 In addition to any obligations imposed by law upon any successor to the Company, the Company shall require any successor (whether direct or indirect, by purchase, merger, consolidation or otherwise) to all or substantially all of the business and/or assets of the Company to expressly assume and agree to perform this Agreement in the same manner and to the same extent that the Company would be required to perform it if no such succession had taken place. Failure of the Company to obtain such assumption and agreement prior to the effectiveness of any such succession shall be a breach of this Agreement. 9.2 This Agreement shall inure to the benefit of and be enforceable by the Executive's personal or legal representatives, executors, administrators, successors, heirs, distributees, devisees and legatees. If the Executive shall die while any amount would still be payable to the Executive hereunder (other than amounts which, by their terms, terminate upon the death of the Executive) if the Executive had continued to live, all such amounts, unless otherwise provided herein, shall be paid in accordance with the terms of this Agreement to the executors, personal representatives or administrators of the Executive's estate. View More
Found in Pivotal Software, Inc. contract
No Mitigation. If The Company agrees that, if the Executive's employment with the Employer Company terminates following a Change in Control, during the Term, the Executive is not required to seek other employment or to attempt in any way to reduce any amounts payable to the Executive by the Company pursuant to Section 6 hereof or Section 7.4. Except as set forth in Section 6.1(B), any other provision of this Agreement. Further, the amount of any payment or benefit provided for in this Agreement shall not be re...duced (a) by any compensation earned by the Executive as the result of employment by another employer, (b) by retirement benefits, (c) by offset against any amount claimed to be owed by the Executive to the Company Company, or the Employer, or (d) otherwise. 7 9. Successors; Binding Agreement. 9.1 9.1. In addition to any obligations imposed by law upon any successor to the Company, the Company shall will require any successor (whether direct or indirect, by purchase, merger, consolidation or otherwise) to all or substantially all of the business and/or assets of the Company to expressly assume and agree to perform the Company's obligations under this Agreement in the same manner and to the same extent that the Company would be required to perform it if no such succession had taken place. Failure of the Company to obtain such assumption and agreement prior to the effectiveness of any such succession during the Term shall be a breach of this Agreement. 9.2 Agreement and shall entitle the Executive to compensation from the Company in the same amount and on the same terms as the Executive would be entitled to hereunder if the Executive were to terminate the Executive's employment for Good Reason after a Change in Control and during the Term, except that, for purposes of implementing the foregoing, the date on which the Executive's employment terminates (for any reason other than Cause) within 30 days before, or at any time during the Term and on or after, the date on which any such succession becomes effective during the Term shall be deemed the date of the Compensable Termination. 9.2. This Agreement shall inure to the benefit of and be enforceable by the Executive's personal or legal representatives, executors, administrators, successors, heirs, distributees, devisees and legatees. If the Executive shall die while any amount would still be payable to the Executive hereunder (other than amounts which, by their terms, terminate upon the death of the Executive) if the Executive had continued to live, all such amounts, unless otherwise provided herein, shall be paid in accordance with the terms of this Agreement to the executors, personal representatives or administrators of the Executive's estate. View More
Found in LSI INDUSTRIES INC contract
No Mitigation. If The Company agrees that, if the Executive's employment with the Employer Company terminates following a Change in Control, during the Term, the Executive is not required to seek other employment or to attempt in any way to reduce any amounts payable to the Executive by the Company pursuant to Section 6 or Section 7.4. Except as set forth in Section 6.1(B), hereof. Further, the amount of any payment or benefit provided for in this Agreement shall not be reduced by any compensation earned by th...e Executive as the result of employment by another employer, by retirement benefits, by offset against any amount claimed to be owed by the Executive to the Company Company, or the Employer, or otherwise. 7 9. Successors; Binding Agreement. 9.1 In addition to any obligations imposed otherwise except as set forth in Section 6 (and as permitted by law upon any successor to the Company, the Company shall require any successor (whether direct or indirect, by purchase, merger, consolidation or otherwise) to all or substantially all Section 409A of the business and/or assets of the Company to Code) or as otherwise expressly assume and agree to perform this Agreement in the same manner and to the same extent that the Company would be required to perform it if no such succession had taken place. provided herein. Failure of the Company to obtain such assumption and agreement prior to or upon the effectiveness of any such succession shall be a breach of this Agreement. 9.2 Agreement and shall entitle the Executive to compensation from the Company in the same amount and on the same terms (except such amount shall be paid in a lump sum as provided in Section 6(c)) as the Executive would be entitled to hereunder if the Executive were to terminate the Executive's employment for Good Reason after a Change in Control (a "Change in Control Payment") except that, for purposes of implementing the foregoing, the date on which any such succession becomes effective shall be deemed the Date of Termination. For purposes of a Change in Control Payment described in the previous sentence, such payment shall only occur if the succession is a "change in control" of the Company as defined in Treasury Regulation 1.409A-3(i)(5). For the avoidance of doubt, if the Executive receives a Change in Control Payment pursuant to this Section 9(a), then the Executive shall not be entitled to any Payment under Section 6(a) following his subsequent termination of employment. Notwithstanding the foregoing, if the Company successfully obtains such assumption and agreement prior to or upon the effectiveness of any such succession and the successor extends an offer of employment to the Executive, any termination of the Executive's employment with the Company incident to such succession shall be ignored for purposes of this Agreement; provided that nothing contained in this Section 9(a) shall limit the Executive's right to terminate employment with the successor for Good Reason if the succession constitutes a Change in Control and the successor takes any action subsequent to such succession that would constitute Good Reason hereunder. (b) This Agreement shall inure to the benefit of and be enforceable by the Executive's personal or legal representatives, executors, administrators, successors, heirs, distributees, devisees and legatees. If the Executive shall die while any amount would still be payable to the Executive hereunder (other than amounts which, by their terms, terminate upon the death of the Executive) if the Executive had continued to live, all such amounts, unless otherwise provided herein, shall be paid in accordance with the terms of this Agreement to the executors, personal representatives or administrators of the Executive's estate. View More
Found in Tractor Supply Company contract
No Mitigation. If The Company agrees that, if the Executive's employment with the Employer Company terminates following a Change in Control, during the term of this Agreement, the Executive is shall not be required to seek other employment or to attempt in any way to reduce any amounts payable to the Executive by the Company pursuant to Section 6 or Section 7.4. Except as set forth in Section 6.1(B), 4 hereof. Further, the amount of any payment or benefit provided for in this Agreement (other than Section 4.1 ...(C) hereof) shall not be reduced by any compensation earned by the Executive as the result of employment by another employer, by retirement benefits, by offset against any amount claimed to be owed by the Executive to the Company or the Employer, Company, or otherwise. 7 8 9. Successors; Binding Agreement. 9.1 In addition to any obligations imposed by law upon any successor to the Company, the Company shall require (i) any successor (whether direct or indirect, by purchase, merger, consolidation or otherwise) to all or substantially all of the business and/or or assets of the Company (on a consolidated basis) and (ii) in the case of a disposition of all or substantially all of the business or assets of the Company (on a consolidated basis) to more than one entity in a single transaction or series of related transactions, the entity that will employ the Executive immediately after such disposition (such successor or other entity in clause (i) or (ii), a "Successor") to expressly assume and agree to perform this Agreement in the same manner and to the same extent that the Company would be required to perform it if no such succession or disposition had taken place. Failure of the Company to obtain such assumption and agreement place prior to the effectiveness of any such succession or disposition. If such assumption and agreement is obtained prior to the effectiveness of any such succession or disposition and the Executive accepts employment with the Successor, the Executive's employment shall not be treated as a breach termination of this Agreement. the Executive's employment with the Company (unless otherwise required in order to comply with the definition of "separation from service" as set forth in Treas. Reg. ยง 1.409A-1(h) or any successor regulation thereto). 9.2 This Agreement shall inure to the benefit of and be enforceable by the Executive's personal or legal representatives, executors, administrators, successors, heirs, distributees, devisees and legatees. If the Executive shall die while any amount would still be payable to the Executive hereunder (other than amounts which, by their terms, terminate upon the death of the Executive) if the Executive had continued to live, all such amounts, unless otherwise provided herein, shall be paid in accordance with the terms of this Agreement to the executors, personal representatives or administrators of the Executive's estate. View More
Found in INSIGNIA SYSTEMS INC contract
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No Mitigation. Executive shall have no duty to mitigate his damages by seeking other employment and, should Executive actually receive compensation from any such other employment, the payments required hereunder (including, without limitation, the provision of in-kind benefits provided under Section 7(b) hereof) shall not be reduced or offset by any such compensation. Further, the Company's and Parent's obligations to make any payments hereunder shall not be subject to or affected by any setoff, counterclaims ...or defenses which the Company or Parent may have against Executive or others. 5 14. Notices. Any notice required or permitted to be given under this Agreement shall be in writing and shall be deemed to have been duly given when delivered or sent by telephone facsimile transmission, personal or overnight couriers, or registered mail with confirmation or receipt, addressed as follows: If to Executive: Joseph L. Landenwich 680 South Fourth Street Louisville, KY 40202 If to Company: Kindred Healthcare Operating, Inc. 680 South Fourth Street Louisville, KY 40202 Attn: General Counsel 15. Waiver of Breach and Severability. The waiver by either party of a breach of any provision of this Agreement by the other party shall not operate or be construed as a waiver of any subsequent breach by either party. In the event any provision of this Agreement is found to be invalid or unenforceable, it may be severed from the Agreement and the remaining provisions of the Agreement shall continue to be binding and effective. View More
Found in KINDRED HEALTHCARE, INC contract
No Mitigation. Executive shall have no duty to mitigate his damages by seeking other employment and, should Executive actually receive compensation from any such other employment, the payments required hereunder (including, without limitation, the provision of in-kind benefits provided under Section 7(b) hereof) shall not be reduced or offset by any such compensation. Further, the Company's and Parent's obligations to make any payments hereunder shall not be subject to or affected by any setoff, counterclaims ...or defenses which the Company or Parent may have against Executive or others. 5 14. 9 15. Notices. Any notice required or permitted to be given under this Agreement shall be in writing and shall be deemed to have been duly given when delivered or sent by telephone facsimile transmission, personal or overnight couriers, or registered mail with confirmation or receipt, addressed as follows: If to Executive: Joseph L. Landenwich Michael W. Beal 680 South Fourth Street Louisville, KY 40202 with a copy to: Dennis D. Murrell Middleton Reutlinger 2500 Brown & Williamson Tower 401 S. Fourth St. Louisville, KY 40202 If to Company: Kindred Healthcare Operating, Inc. 680 South Fourth Street Louisville, KY 40202 Attn: General Counsel 15. 16. Waiver of Breach and Severability. The waiver by either party of a breach of any provision of this Agreement by the other party shall not operate or be construed as a waiver of any subsequent breach by either party. In the event any provision of this Agreement is found to be invalid or unenforceable, it may be severed from the Agreement and the remaining provisions of the Agreement shall continue to be binding and effective. View More
Found in KINDRED HEALTHCARE, INC contract
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No Mitigation. An Eligible Individual shall not be required to mitigate the amount of any payment or benefit provided for in this Plan by seeking other employment or otherwise, nor shall the amount of any payment or benefit provided for in this Plan be reduced by any compensation or benefit earned by the Eligible Individual as the result of employment by another employer or by retirement benefits. Subject to the foregoing, the benefits under this Plan are in addition to any other benefits to which an Eligible ...Individual is otherwise entitled. 10 7. Terminations for Cause or Voluntary Resignation. If an Eligible Individual's employment is terminated by the Company for Cause or by the Eligible Individual due to a voluntary resignation, the Eligible Individual shall not be entitled to any severance payments or benefits under this Plan. View More
Found in Global Medical REIT Inc. contract
No Mitigation. An Eligible Individual shall not be required to mitigate the amount of any payment or benefit provided for in this Plan by seeking other employment or otherwise, nor shall the amount of any payment or benefit provided for in this Plan be reduced by any compensation or benefit earned by the Eligible Individual as the result of employment by another employer or by retirement benefits. Subject to the foregoing, the benefits under this Plan are in addition to any other benefits to which an Eligible ...Individual is otherwise entitled. 10 7. Terminations for Cause or Voluntary Resignation. If an Eligible Individual's employment is terminated by the Company for Cause or by the Eligible Individual due to a voluntary resignation, the Eligible Individual shall not be entitled to any severance payments or benefits under this Plan. View More
Found in Falcon Minerals Corp contract
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