Damage Mitigation Sample Clauses

Damage Mitigation. In the event of an emergency or threat to safety or security, The Owner authorizes CM but does not obligate CM to attempt appropriate measures to mitigate damages to The Vessel, The Slip, other Equipment, and CM’s property and environs. The Owner agrees to pay CM its reasonable charges for mitigation attempts.
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Damage Mitigation. In the event of an emergency or threat to safety or security, OWNER authorizes CSC but does not obligate CSC to attempt appropriate measures to mitigate damages to the VESSEL, other VESSELS, and CSC property and environs and OWNER agrees to pay CSC its reasonable charges for mitigation attempts.
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Damage Mitigation. In the event of an emergency or threat to safety or security, OWNER authorized Eagle Storage Center but does not obligate Eagle Storage Center, LLC to attempt appropriate measure to mitigate damages to the personal property, other boats, and Eagle Storage Center, LLC’ property and environs and OWNER agrees to pay Eagle Storage Center, LLC its reasonable charges for mitigation attempts.
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Damage Mitigation. If a third party notifies either party that the Technology, processes, specifications, or formula of a Party infringes or violates the rights of such third party, then the Parties will cooperate to assure that their actions will respect properly asserted third party Intellectual Property Rights and address such allegations of infringement or other claims in a reasonable manner.
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Damage Mitigation. If any condition arises with respect to the Site Equipment that threatens to materially damage property or injure persons, Customer shall, subject to the Customer Default provisions in Section C, take all reasonable measures to mitigate such risks and stop such dangerous condition from causing damage to property or persons. Customer shall notify BASC immediately upon taking any such measures, and BASC shall repair the Site Equipment in accordance with Section A.
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Damage Mitigation. In the event of an emergency or threat to safety or security, Owner authorizes Marina but does not obligate Marina to attempt appropriate measures to mitigate damages to the Boat, other boats, and Marina’ property and environs and Owner agrees to pay Marina its reasonable charges for mitigation attempts.
Sample 1
Damage Mitigation. In the event of an emergency or threat to safety or security, Owner authorizes Xxxxxx but does not obligate Xxxxxx to attempt appropriate measures to mitigate damages to the Boat, other boats, and Marina’ property and environs and Owner agrees to pay Xxxxxx its reasonable charges for mitigation attempts.
Sample 1
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Damage Mitigation. 119. The Seller acknowledges and agrees to be obliged to exert all reasonable efforts to mitigate the damage accruing from any damaging event affecting this Agreement, such as, without being limited to, the Power Plant, the construction material thereof, and/or the Company. CHAPTER 9– REPRESENTATIONS AND WARRANTIES OF THE SELLER
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Damage Mitigation. In the event of an emergency or threat to safety or security, OWNER authorized N3 BOATWORKS but does not obligate N3 BOATWORKS to attempt appropriate measure to mitigate damages to the BOAT, other boats, and N3 BOATWORKS’ property and environs and OWNER agrees to pay N3 BOATWORKS its reasonable charges for mitigation attempts.
Sample 1

Related to Damage Mitigation

  • Damage In the event of any material damage to or destruction of the Improvements or any portion thereof, Purchaser may, at its option by notice to Seller given within ten (10) days after Seller notifies Purchaser of such damage or destruction (and, if necessary, the Closing Date shall be extended to give Purchaser the full ten (10) day period to make such election), either (i) terminate this Agreement, in which event the Xxxxxxx Money (but not the Independent Contract Consideration) shall be immediately returned to Purchaser (and such termination shall otherwise be as provided in the last four (4) sentences of Subsection 2.2.1 above), or (ii) proceed under this Agreement, receive an assignment of the payment of any insurance proceeds (including calculated rent loss insurance, if any, applicable to any period on and after the Closing Date) due Seller as a result of such damage or destruction and assume responsibility for such repair, and Purchaser shall (except as provided for below and subject to the limitations herein) receive a credit at Closing for any deductible, uninsured or Seller/self-insured amount under applicable property or casualty/liability insurance policies less any costs or expenses incurred by Seller prior to the Closing in connection with the repair of such damage. Purchaser and Seller shall collaboratively work together to file such claim for all of the damage which may reasonably be claimed under the insurance policy or insurance policies; provided, however, any final settlement of such claim shall be determined by Seller. If the Improvements are not materially damaged, then Purchaser shall not (except as otherwise expressly provided below) have the right to terminate this Agreement, but Seller shall, at its cost, repair the damage before the Closing in a manner reasonably satisfactory to Purchaser or, if repairs cannot be completed before the Closing or if Seller otherwise elects (in Seller’s sole discretion) not to commence or complete such repairs, assign to Purchaser the payment of any insurance proceeds (including calculated rent loss insurance, if any, applicable to any period on and after the Closing Date) due Seller as a result of such damage or destruction (less any amounts expended by Seller for repairs made by Seller prior to Closing). For the purposes of this Agreement, “material damage” and “materially damaged” means damage (i) based upon reasonable contractor repair/restoration estimates obtained by Seller exceeding ten percent (10%) of the Purchase Price to repair or (ii) that would permit tenants leasing in the aggregate twenty percent (20%) or more of the rentable square footage of the Property to terminate their Leases pursuant to the terms thereof (unless a sufficient number of such tenants waive in writing their right to terminate, no later than two (2) business days prior to the last day upon which Purchaser may elect to terminate this Agreement pursuant to this Section 4.2, such that tenants with remaining termination rights lease in the aggregate less than such twenty percent (20%) threshold in the Property). Notwithstanding anything contained herein to the contrary, in the event (y) of an uninsured loss reasonably estimated to be in excess of $25,000.00, and (z) Seller, in Seller’s sole discretion, notifies Purchaser, in writing, that Seller has elected not to provide Purchaser with a credit, at Closing, for the estimated amount of such uninsured loss in excess of $25,000.00 (less any costs incurred by Seller prior to Closing in connection with the repair of such damage), then Purchaser may terminate this Agreement by delivering written notice to Seller prior to the earlier to occur of (1) the date that is five (5) business days after Purchaser receives the written notice from Seller as described in clause (z) above or (2) the Closing Date, in which event the Xxxxxxx Money shall be returned to Purchaser and such termination shall otherwise be as provided in the last four (4) sentences of Subsection 2.2.1 above. For the purposes of the immediately preceding sentence, an “uninsured loss” shall include, but not be limited to, any loss or portion thereof that is not covered by insurance or falls under or within the deductible amount of the relevant insurance policy or policies. Seller shall make the election set forth in clause (z) above on or prior to the date that is ten (10) business days after Seller obtains knowledge of the amount of the uninsured loss, based upon reasonable contractor repair/restoration estimates obtained by Seller (such date, the “Uninsured Loss Determination Date”); provided, however, that if the Uninsured Loss Determination Date has not occurred as of the Closing Date, then Purchaser or Seller may elect to extend the Closing Date until the date that is five (5) business days after the Uninsured Loss Determination Date occurs provided Seller delivers written notice to Purchaser of such election to extend the Closing Date prior to the occurrence of the then scheduled Closing Date.

  • LOSS OR DAMAGE Lessee hereby assumes and shall bear the entire risk of any loss, theft, damage to, or destruction of, any unit of Equipment from any cause whatsoever from the time the Equipment is shipped to Lessee.

  • Mitigation of Loss Each Indemnified Party shall take and shall procure that its Affiliates take all such reasonable steps and action as are reasonably necessary in order to mitigate any Losses (or potential losses or damages) under this Article 13. Nothing in this Agreement shall or shall be deemed to relieve any Party of any common law or other duty to mitigate any losses incurred by it.

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