Duty to Mitigate. All Parties agree that they have a duty to mitigate damages and covenant that they will use Commercially Reasonable efforts to minimize any damages they may incur as a result of any other Party’s performance or non-performance of this ESA.
Appears in 106 contracts
Samples: Competitive Electric Service Agreement, Competitive Electric Service Agreement, Competitive Electric Service Agreement
Duty to Mitigate. All Parties agree Each Party agrees that they have it has a duty to mitigate damages and covenant covenants that they it will use Commercially Reasonable efforts to minimize any damages they that may incur be incurred as a result of any the other Party’s performance or non-performance of this ESAAgreement.
Appears in 66 contracts
Samples: Competitive Electric Service Agreement, Competitive Electric Service Agreement, Competitive Electric Service Agreement
Duty to Mitigate. All Parties agree Each Party agrees that they have a duty to mitigate damages and covenant that they will use Commercially Reasonable efforts to minimize any damages they may incur as a result of any the other Party’s 's performance or non-performance of this ESA.
Appears in 32 contracts
Samples: Electric Service Agreement, Electric Service Agreement, Electric Service Agreement
Duty to Mitigate. All Parties agree Each Party agrees that they have it has a duty to mitigate damages and covenant covenants that they it will use Commercially Reasonable commercially reasonable efforts to minimize any damages they it may incur as a result of any the other Party’s 's performance or non-performance of this ESAEPSA.
Appears in 2 contracts
Samples: Power Supply Agreement (Amerenenergy Generating Co), Power Supply Agreement (Amerenenergy Generating Co)
Duty to Mitigate. All Parties agree Each Party agrees that they have it has a duty to mitigate damages and covenant covenants that they will it shall use Commercially Reasonable commercially reasonable efforts to minimize any damages they losses it may incur as a result of any the other Party’s performance or non-performance of this ESAConcession Agreement.
Appears in 2 contracts
Samples: Volume – 2 Draftconcession Agreement, Volume – 2 Draftconcession Agreement
Duty to Mitigate. All Parties agree that they have a duty to mitigate damages and covenant that they will use Commercially Reasonable efforts to minimize any damages they may incur as a result of any other Party’s 's performance or non-performance of this ESA.
Appears in 1 contract