Mitigation of Obligations. If any Lender or the Issuing Lender requests compensation under [Section 2.10(g)] or [Section 2.13], or if the Borrower is required to pay any additional amount to any Lender or any Governmental Authority for the account of any Lender pursuant to Section 10.11, then such Lender or the Issuing Lender shall use reasonable efforts to promptly designate a different one of its lending offices or to assign its rights and obligations hereunder to another of its offices or branches, if # in the reasonable judgment of such Lender or the Issuing Lender, such designation or assignment would eliminate or reduce amounts payable pursuant to [Sections 2.10(g), 2.13, or 10.11]1]1], as applicable, and # in the reasonable judgment of such Lender or the Issuing Lender, such designation or assignment would not subject such Lender or the Issuing Lender to any material unreimbursed cost or expense and would not otherwise be materially disadvantageous to such Lender or the Issuing Lender. Borrower hereby agrees to pay all reasonable and documented out-of-pocket costs and expenses incurred by any Lender or the Issuing Lender in connection with any such designation or assignment.
disadvantageous to such Lender or the L/C Issuer, as the case may be. The Borrower hereby agrees to pay all reasonable costs and expenses incurred by any Lender or the L/C Issuer in connection with any such designation or assignment.
Mitigation. Executive shall not be required to mitigate damages or the amount of any payment that might be provided to Executive under Section 4 of this Agreement by seeking other employment or otherwise, nor shall the amount of any payments that might be provided to Executive under Section 4 be reduced by any compensation earned by Executive as the result of employment by another employer after the termination of Executive’s employment or otherwise.
Mitigation. In no event shall [[Mr. Roberts:Person]] be obligated to seek other employment or take any other action by way of mitigation of the amounts payable to him under any of the provisions of this Agreement, and such amounts shall not be reduced whether or not [[Mr. Roberts:Person]] obtains other employment.
Section # Mitigation Obligations; Replacement of Lenders.
Mitigation Obligations; Replacement of [[Organization B:Organization]].
Termination of Severance; Mitigation. If Executive breaches any of the provisions of the Agreement, including [Sections 6 through 10] hereof, any other agreement with or obligation to the Company Group, or the Release Condition, then, except as required by law, the Company shall no longer be obligated to make any payments pursuant to this Section 5 and, except as prohibited by law, Executive shall promptly repay the gross amount of any payments or benefits already paid or provided to Executive by the Company pursuant to this Section 5. Severance Payments shall not be subject to mitigation hereunder.
Set-off/No Mitigation. The Company’s obligation to pay Executive the amounts provided and to make the arrangements provided hereunder shall be subject to set-off, counterclaim or recoupment of amounts owed by Executive to the Company or its affiliates. The Company agrees that, if Executive’s employment is terminated hereunder, Executive shall not be obligated to seek other employment in mitigation of the amounts payable or arrangements made under any provision of this Agreement, and the obtaining of any such other employment shall in no event effect any reduction of the Company’s obligations to make the payments and arrangements required to be made under this Agreement.
Mitigation of Excise Tax. Except to the extent otherwise provided in a written agreement between the Company and the Participant, the Restricted Stock issued hereunder is subject to reduction by the Committee for the reasons specified in [Section 13.01] of the Plan.
No Offset or Mitigation. Except for such monies due and owing , if Executive’s employment with is terminated for any reason, will have no right of offset, nor will Executive be under any duty or obligation to seek alternative or substitute employment at any time after the effective date of such termination or otherwise mitigate any amounts payable by to Executive.
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