Common use of Duty/Right to Mitigate Clause in Contracts

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 covenants that it will use commercially reasonable efforts to minimize any damages it may incur as a result of the other Party's ’s performance or non-performance hereofof its obligations under this Agreement. “Commercially reasonable efforts” (a) by With respect to Seller, Seller shall include requiring Seller to must 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 after the occurrence and during a period PacifiCorp is in defaultthe continuation of an Event of Default by PacifiCorp), in each case only to the extent any of the foregoing actions are permitted under by Requirements of Law and the Generation Interconnection Agreement; and (b) by . With respect to PacifiCorp, PacifiCorp shall include requiring PacifiCorp to must use commercially reasonable efforts to minimize the price paid to third parties for energy and energy, Green Tags or Capacity purchased to replace Net Output and Output, Green Tags or Capacity not sold, delivered or transferred by Seller to PacifiCorp as required hereunderunder 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 (i) 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 Tags) not purchased or accepted by PacifiCorp, and (ii) offer to sell to PacifiCorp (only during a period PacifiCorp is in default)prior to selling to any third party) the Green Tags at the Green Tags Price Component, 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 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 Xxxxxx as required hereunder.

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 (i) 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 Tags) not purchased or accepted by PacifiCorp (only during a period PacifiCorp is in default)) and (ii) offering to sell to PacifiCorp (prior to selling to any third party) the Green Tags associated with such Net Output at the Green Tag Price Component, in each case 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 associated Green Tags Tags) not delivered by Seller as required hereunder.