Common use of Failure to Mitigate Clause in Contracts

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.

Appears in 2 contracts

Samples: Oem Distribution Agreement, Microsoft Oem Distribution Agreement for Software Products for Embedded Systems (Bsquare Corp /Wa)

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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 * day notice.

Appears in 2 contracts

Samples: Distribution Agreement, Microsoft Oem Windows Mobile Distribution Agreement (Bsquare Corp /Wa)

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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 Licensed Product or trademark after such ***-day * day notice.

Appears in 1 contract

Samples: Microsoft Oem Distribution Agreement for Software Products for Embedded Systems (Bsquare Corp /Wa)

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