Failure to Mitigate. If, after an event that has caused Contractor to suspend or delay performance of the Work, Contractor has failed to take such action as Contractor could lawfully and reasonably initiate to remove or relieve either the cause thereof or its direct or indirect effects without incurring material Non-Reimbursable Costs, Owner may, in its sole discretion and after Notice to Contractor, initiate such reasonable measures as will be designed to remove or relieve such event or its direct or indirect effects and thereafter require Contractor to resume full or partial performance of the Work, and Owner’s costs associated with such activities shall be included in the calculation of Total Costs. No action by Owner pursuant to this Section 16.2 shall relieve or excuse Contractor of any of its obligations under this Agreement or constitute the basis for a Change Order.
Failure to Mitigate. The period of suspension under clause 29.1 (“Suspension of obligations”) will exclude any delay in the Affected Party’s performance of those Non-Financial Obligations attributable to a failure by the Affected Party to comply with clause 29.3 (“Mitigation of Force Majeure Event”).
Failure to Mitigate. Company must reimburse MS and MSCORP for all damages, costs, and expenses (including reasonable attorneys’ fees) incurred because of Company’s manufacture, use, sale, offer for sale, importation or other disposition or promotion of Product or trademark after such ***-day notice.
Failure to Mitigate. If the Insured breaches its duty to prevent and mitigate Loss, then the Company's remedy shall be to reduce the Insured's Loss by the reasonably estimated extent of the resulting prejudice to the Company, rather than to deny the Claim.
Failure to Mitigate. A party shall not be liable to the extent that an Indemnitee or the other party had the commercially reasonable opportunity, but failed, in good faith to mitigate such damages.
Failure to Mitigate. 14 Condition Ten - Option to Acquire Loan .................................................... 15
Failure to Mitigate. The period of suspension under clause 26.1 will exclude any delay in Powerlink’s performance of those Non-Financial Obligations attributable to a failure by Powerlink to comply with clause 26.3.
Failure to Mitigate. Change of Accounting Principles; Retroactive Measures The Sellers shall not be liable
8.2.1 for any Losses if and to the extent that such Losses are attributable to a failure by the Purchaser to mitigate the Losses in terms of Section 254 BGB;
8.2.2 for any Losses resulting from any change in the accounting and taxation principles or practices of any of the Group Companies initiated by the Purchaser, including, but not limited to, the methods of submitting Tax Returns, introduced after the Signing Date, except where such changes are made based on mandatory law; and
8.2.3 for any Losses which are the result of a reorganisation or other measures with retroactive effect for Tax purposes with respect to periods ending prior to, or on, the Signing Date initiated by the Purchaser.
Failure to Mitigate. If, after a Force Majeure Event has caused Contractor to suspend or delay performance of the Work, Contractor has failed to take such action as Contractor could lawfully and reasonably initiate to remove or relieve either the cause thereof or its direct or indirect effects, Owner may, in its sole discretion and after Notice to Contractor (without action having been taken by Contractor in response to such Notice), initiate such reasonable measures as will be designed to remove or relieve such Force Majeure Event or its direct or indirect effects and thereafter require Contractor to resume full or partial performance of the Work.
