Duty to Mitigate Damages. Each Party shall have the duty to mitigate damages to it arising from any default hereunder by the other Party.
Appears in 4 contracts
Samples: Engineering, Procurement and Construction Agreement (Ada-Es Inc), Engineering, Procurement and Construction Agreement (Ada-Es Inc), Engineering, Procurement and Construction Agreement (Ada-Es Inc)
Duty to Mitigate Damages. Each Party shall have the has a duty to mitigate damages and will use commercially reasonable efforts to minimize any damages it arising from any default hereunder by may incur as a result of the other Party’s performance or non-performance of this Agreement.
Appears in 4 contracts
Samples: Power Purchase Agreement, Energy Storage Agreement, Energy Storage Agreement
Duty to Mitigate Damages. Each Party shall have the party has a duty to mitigate the damages to it arising that would otherwise be recoverable from any default hereunder by the other Partyparty pursuant to this Agreement by taking appropriate, commercially reasonable actions to reduce or limit the amount of such damages.
Appears in 3 contracts
Samples: Trust Agreement, Trust Agreement, Master Trust Agreement (Hawaiian Electric Industries Inc)
Duty to Mitigate Damages. Each Party shall have the a duty to mitigate damages to it arising from any default hereunder by for which the other PartyParty may become responsible.
Appears in 2 contracts
Samples: Checking and Financial Recordkeeping Services Agreement (Nassau Life Variable Universal Life Account), Checking and Financial Recordkeeping Services Agreement (Nassau Life Variable Accumulation Account)
Duty to Mitigate Damages. Each Party shall have the a duty to mitigate damages to it arising from any default hereunder by for which the other PartyParty may be responsible.
Appears in 2 contracts
Samples: Master Professional Services Agreement (Mondelez International, Inc.), Master Professional Services Agreement (Mondelez International, Inc.)
Duty to Mitigate Damages. Each Party shall have the has a duty to mitigate the ------------------------ damages to it arising that would otherwise be recoverable from any default hereunder by the other PartyParty pursuant to this Agreement by taking appropriate, commercially reasonable actions to reduce or limit the amount of such damages.
Appears in 1 contract
Samples: Administrative Services Agreement (Metropolitan Life Separate Account E)
Duty to Mitigate Damages. Each Party shall have the agrees that it has a duty to mitigate damages and covenants that it will use commercially reasonable efforts to minimize any damages it arising from any default hereunder by may incur as a result of the other Party’s performance or non-performance of the Agreement.
Appears in 1 contract
Duty to Mitigate Damages. Each Party shall will have the a duty to use commercially reasonable efforts to mitigate damages to incurred by it arising from any default hereunder by and for which the other PartyParty is responsible.
Appears in 1 contract
Duty to Mitigate Damages. Each Party party shall have the a duty to mitigate damages to it arising from any default hereunder by for which the other Partyparty may become responsible.
Appears in 1 contract
Samples: Transfer Agency Services Agreement (Axa Premier Funds Trust)
Duty to Mitigate Damages. Each Party shall have the agrees that it has a duty to mitigate damages and that it will use commercially reasonable efforts to minimize any damages it arising from any default hereunder by may incur as a result of the other Party’s performance or non-performance of this Agreement.
Appears in 1 contract
Samples: Power Purchase Agreement
Duty to Mitigate Damages. Each Party shall have the acknowledges that it has a duty to mitigate damages and that it shall use good faith efforts to it arising from any default hereunder by find a substitute buyer or seller, as the case may be, in the event that the other PartyParty does not perform its obligations hereunder.
Appears in 1 contract
Duty to Mitigate Damages. Each Party shall have the agrees that it has a duty to mitigate damages and covenants that it will use commercially reasonable efforts to minimize any damages it arising from any default hereunder by may incur as a result of the other Party's performance or non-performance of this Agreement.
Appears in 1 contract
Samples: Power Purchase and Sale Agreement (Eastern Edison Co)
