Common use of Duty to mitigate and remediate Clause in Contracts

Duty to mitigate and remediate. insured section F only In the event of a pollution condition, the insured must take all necessary actions to mitigate or avoid a claim and to comply with environmental law, including, with respect to clean-up costs, the retention of competent professionals and contractors. The insurer has the right to review and approve all such actions of the insured. The insurer also has the right but not the duty to participate in decisions regarding the mitigation and avoidance of a claim and clean-up costs in order to comply with environmental law if the insured fails to do so. All costs incurred by the insurer in following such course of action shall be considered incurred by the insured and will reduce the applicable limit of liability under this insured section F.