Common use of Failure to Mitigate Clause in Contracts

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. 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 Costseffects, 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.