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 3 contracts
Samples: Engineering, Procurement and Construction Agreement (Ada-Es Inc), Engineering, Procurement and Construction Agreement (Ada-Es Inc), Procurement and Construction Agreement (Peabody Energy Corp)
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: Agreement (Nassau Life Variable Accumulation Account), Agreement (Nassau Life Variable Universal Life Account)
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 2 contracts
Samples: 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 be responsible.
Appears in 1 contract
Samples: Master Professional Services Agreement (Mondelez International, Inc.)
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)