Duty/Right to Mitigate. Each Party agrees that it has a duty to mitigate damages and covenants that it will use commercially reasonable efforts to minimize any damages it may incur as a result of the other Party's performance or non-performance hereof. “Commercially reasonable efforts” (a) by Seller shall include requiring Seller to use commercially reasonable efforts to maximize the price for Net Output and associated Green Tags received by Seller from third parties, including entering into an enabling agreement with, or being affiliated with, one or more power marketers of nationally recognized standing to market such Net Output and associated Green Tags not purchased or accepted by PacifiCorp (only during a period PacifiCorp is in default), in each case only to the extent any of the foregoing actions are permitted under Requirements of Law and the Interconnection Agreement; and (b) by PacifiCorp shall include requiring PacifiCorp to use commercially reasonable efforts to minimize the price paid to third parties for energy and Green Tags purchased to replace Net Output and Green Tags not delivered by Seller as required hereunder.
Duty/Right to Mitigate. Each Party agrees that it has a duty to mitigate damages and may use commercially reasonable efforts to minimize any damages it may incur as a result of the other Party’s non-performance of its obligations under this Agreement.
Duty/Right to Mitigate. Each Party agrees that it has a duty to mitigate damages and covenants that it will use commercially reasonable efforts to minimize any damages it may incur as a result of the other Party's performance or non-performance hereof. "Commercially reasonable efforts" (a) by Seller shall include requiring Seller to use commercially reasonable efforts to maximize the price for Net Output received by Seller from third parties, including entering into an enabling agreement with, or being affiliated with, one or more power marketers of nationally recognized standing to market such Net Output not purchased or accepted by PacifiCorp (only during a period PacifiCorp is in default) and (b) by PacifiCorp shall include requiring PacifiCorp to use commercially reasonable efforts to minimize the price paid to third parties for energy purchased to replace Net Output not delivered by Seller as required hereunder.
Duty/Right to Mitigate. Each Party agrees that it has a duty to mitigate damages and will use commercially reasonable efforts to minimize any damages it may incur as a result of the other Party’s performance or non-performance of its obligations under this Agreement to the extent mitigation is relevant to the calculation of damages. In furtherance of the immediately preceding sentence, (a) with respect to Seller and to the extent permitted by Requirements of Law and the Generation Interconnection Agreement, Seller must use commercially reasonable efforts to maximize the price received by Seller from third parties for Net Output and Environmental Attributes not purchased and accepted by Utility. The duty to mitigate described in this subsection shall not impact or affect the method of determining liquidated damages, including Termination Damages under Section 11.5 and Delay Damages under Section 2.4.
Duty/Right to Mitigate. Each Party agrees that it has a duty to mitigate damages and covenants that it will use commercially reasonable efforts to minimize any damages it may incur as a result of the other Party’s performance or non-performance hereof. In the event Net Output is not purchased or accepted by Buyer, “commercially reasonable efforts” by Seller shall require Seller to use commercially reasonable efforts to maximize the price for energy received by Seller from third parties.
Duty/Right to Mitigate. Each Party agrees that it has a duty to mitigate damages and covenants that it will use commercially reasonable efforts to minimize any damages it may incur as a result of the other Party’s performance or non-performance. With respect to Seller, Seller must use commercially reasonable efforts to maximize the price for Net Output received by Seller from third parties, including entering into an enabling agreement with, or being affiliated with, one or more power marketers of nationally recognized standing to market such Net Output not purchased or accepted by PacifiCorp (only during a period PacifiCorp is in default), to the extent permitted by Requirements of Law and the Generation Interconnection Agreement. With respect to PacifiCorp, PacifiCorp must use commercially reasonable efforts to minimize the price paid to third parties for energy purchased to replace Net Output not delivered by Seller as required under this Agreement.
Duty/Right to Mitigate. Each Party agrees that it has a duty to mitigate damages and will use commercially reasonable efforts to minimize any damages it may incur as a result of the other Party’s performance or non-performance of its obligations under this Agreement. In furtherance of the immediately preceding sentence, (a) with respect to Seller and to the extent permitted by Requirements of Law and the Generation Interconnection Agreement, Seller must use commercially reasonable efforts to maximize the price received by Seller from third parties for Net Output and Green Tags not purchased and accepted by PacifiCorp as required under this Agreement, and (b) with respect to PacifiCorp, PacifiCorp must use commercially reasonable efforts to minimize the price paid to third parties for energy, green tags, capacity or Ancillary Services purchased to replace Net Output, Green Tags, Capacity Rights or Ancillary Services not sold, delivered or transferred by Seller to PacifiCorp as required under this Agreement.
Duty/Right to Mitigate. Each Party agrees that it has a duty to mitigate damages and will use commercially reasonable efforts to minimize any damages it may incur as a result of the other Party’s performance or non-performance of its obligations under this Agreement. In furtherance of the immediately preceding sentence, (a) with respect to Seller and to the extent permitted by Requirements of Law and the Generation Interconnection Agreement, Seller must use commercially reasonable efforts to maximize the price received by Seller from third parties for Storage Product not received by PacifiCorp as required under this Agreement, and (b) with respect to PacifiCorp, PacifiCorp must use commercially reasonable efforts to minimize the price paid to third parties for energy, capacity or Ancillary Services purchased to replace Storage Product not delivered or made available by Seller to PacifiCorp as required under this Agreement.
Duty/Right to Mitigate. (a) Each Party agrees that it has a duty to mitigate damages, and that it shall use commercially reasonable efforts to minimize any damages it may incur as a result of the other Party's performance or non-performance of this Agreement, including taking such mitigation into account pursuant to Section 8.5(a)(v); provided, that in no event shall the mitigating Party be required to pay any amounts to the nonperforming Party in connection with such mitigation. The Parties shall exercise commercially reasonable efforts when purchasing or selling, as the case may be, electrical energy, environmental attributes, or capacity attributes in order to mitigate damages pursuant to this Section 8.8.
(b) Seller shall be entitled to reduce the amount of monetary damages payable by Seller pursuant to Sections 8.3 and 8.5 as and to the extent Seller provides Buyer with Replacement Power (which shall include environmental attributes, and capacity attributes to replace the Other Project Attributes that would have been available if the obligation to provide Metered Output under the terms of this Agreement had been met) in substitution for any monetary damages that would otherwise have been due; provided that such Replacement Power is equal in value to the Metered Output required under this Agreement as determined by Buyer in its sole discretion.
Duty/Right to Mitigate. Each Party agrees that it has a duty to mitigate damages and covenants that it will use commercially reasonable efforts to minimize any damages it may incur as a result of the other Party’s performance or non-performance hereof. “Commercially reasonable efforts” by Seller shall require Seller to (i) use commercially reasonable efforts to maximize the price for energy received by Seller from third parties, including entering into an enabling agreement with, or being affiliated with, one or more power marketers of nationally recognized standing to market such energy (and associated Green Tags) not purchased or accepted by PacifiCorp, and (ii) offering to sell to PacifiCorp (prior to selling to any third party) the Green Tags associated with such energy at the price then applicable to Green Tags hereunder.
