Common use of Duty to mitigate and remediate Clause in Contracts

Duty to mitigate and remediate. In the event of a pollution condition, the named 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 named 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 named insured fails to do so. All costs incurred by the insurer in following such course of action shall be considered incurred by the named insured and will reduce the applicable limit of liability under this policy.

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