Duty of Mitigation. Each Party shall have a duty to mitigate damages for which the other Party is responsible.
Duty of Mitigation. The rules of the law of contract about mitigation of loss or damage on breach of a contract apply to a breach of a residential park agreement.
Duty of Mitigation. Notwithstanding any language to the contrary contained herein, in the case of any claims or demands made by Third-Party Owners of Marriott brand hotels, Marriott shall attempt to mitigate such claim or demand by offering to, and negotiating in good faith with, any such claimant that has a management or franchise agreement with Interstate, a Marriott management or franchise agreement containing terms and conditions comparable to the terms of Marriott's standard franchise or management agreement.
Duty of Mitigation. During the Periodic Payment Period, Mizel shall have a duty to seek other employment, but shall not be required to accept any position other than a position (i) as a senior executive officer with the same general responsibilities that Mizel possessed at the Company at the time of the Termination Date and (ii) with a company equal or larger in earnings and tangible net worth than the Company at the time of the Termination Date, provided that if Company elects to utilize Mizel’s Consulting Services for more than 15 hours per month, Mizel shall not have any duty to seek other employment during such month and, if Mizel has accepted another position, Mizel will not be obligated to render more than 15 hours per month of Consulting Services unless he otherwise agrees. Mizel may accept any full-time position at any level and at any salary with any entity, profit or non-profit, and Mizel, by accepting such employment, shall be conclusively deemed to have fulfilled his duty to seek employment under this Section 2(C). The Company shall be entitled to reduce the Periodic Payments during his employment by another entity by an amount equal to the amount earned by Mizel from any such employment during such period, provided, that, such salary reduction shall not apply to the extent Mizel takes a one-off consulting job. In the event that a dispute shall arise as to this Section 2(C), the Company shall continue to pay the Periodic Payments into an escrow account not under the control of the Company. For the avoidance of doubt, the Consulting Payment shall not be subject to such reduction.
Duty of Mitigation. Nothing in this paragraph 10 shall restrict or limit in any way the general obligation at law of the Purchaser to mitigate any loss or damage which it may suffer in consequence of any matter giving rise to any Warranty Claim.
Duty of Mitigation. The Buyer and the End User shall mitigate their losses and minimize the consequences of the Vessel receiving defective Energy Products, e.g. by using additives, diluting the oil and/or heating the oil, or otherwise treating the oil as to ensure that the oil may be used for the propulsion of the Vessel. The Buyer and the End User are at all times required to treat and handle the Energy Products according to current standards, including the standards set out in ISO 8217:2017, Clause 1 Scope ("conventional onboard treatment (settling, centrifugation, filtration) before use”). The Buyer shall inform the Seller before any mitigating measures are performed.
Duty of Mitigation. Nothing set forth in this Section 9 shall be construed to contractually eliminate any duty that an Indemnitee may have under the common law to mitigate such Indemnitee’s Damages.
Duty of Mitigation. The Purchaser shall, and shall procure that each Group Company shall, take reasonable steps to mitigate any loss or damage which it may suffer or incur as a consequence of any breach of a Seller Warranty, any facts or circumstances giving rise to any Indemnity Claim other than under Clause 8.1.3 or a breach of any provision of this Agreement or the Tax Deed.
Duty of Mitigation. Each Indemnified Party shall be obligated to use commercially reasonable efforts (as it shall determine in good faith) to mitigate to the extent reasonably practicable the amount of any Indemnifiable Loss for which it is entitled to seek indemnification hereunder.
Duty of Mitigation. The Party affected by the Event of Force Majeure shall make all reasonable and possible efforts promptly to eliminate or reduce the adverse impact of such Event of Force Majeure, and resume to perform relevant obligations after the impact of such Event of Force Majeure is eliminated or reduced. If the affected Party fails to perform such obligations set forth in the preceding paragraph, it shall be held liable for such additional damages or its failure to resumption of its obligations hereunder after the impact of Event of Force Majeure is eliminated or reduced.
