Common use of General Duty of Authority to Mitigate Clause in Contracts

General Duty of Authority to Mitigate. In all cases where the Authority is entitled to receive from Project Co any compensation, costs or damages, but not in any other case, the Authority will use all reasonable efforts to mitigate such amount required to be paid by Project Co to the Authority under this Agreement, provided that such obligation will not require the Authority to: (a) take any action which is contrary to the public interest, as determined by the Authority in its discretion; (b) undertake any mitigation measure that might be available arising out of its status as a public body, but which measure would not normally be available to a private commercial party; or (c) alter the amount of any Deductions it is entitled to make in accordance with Schedule 8 [Payments]. The Authority will have no obligation to mitigate, implied or otherwise, except as set out in this Section 2.6 or as otherwise expressly set out in this Agreement. Upon request from Project Co, the Authority will promptly submit a detailed description, supported by all such documentation as Project Co may reasonably require, of the measures and steps taken by the Authority to mitigate and meet its obligations under this Section 2.6.

Appears in 9 contracts

Samples: Project Agreement, Project Agreement, Project Agreement

AutoNDA by SimpleDocs

General Duty of Authority to Mitigate. In all cases where the Authority is entitled to receive from Project Co any compensation, costs or damages, but not in any other case, the Authority will use all reasonable efforts to mitigate such amount required to be paid by Project Co to the Authority under this Agreement, provided that such obligation will not require the Authority to: (a) take any action which is contrary to the public interest, as determined by the Authority in its discretion; (b) undertake any mitigation measure that might be available arising out of its status as a public body, but which measure would not normally be available to a private commercial party; or (c) alter the amount of any Deductions it is entitled to make in accordance with Schedule 8 [Payments]. The Authority will have no obligation to mitigate, implied or otherwise, except as set out in this Section 2.6 2.10 or as otherwise expressly set out in this Agreement. Upon request from Project Co, the Authority will promptly submit a detailed description, supported by all such documentation as Project Co may reasonably require, of the measures and steps taken by the Authority to mitigate and meet its obligations under this Section 2.62.10.

Appears in 2 contracts

Samples: Project Agreement, Project Agreement

General Duty of Authority to Mitigate. In all cases where the Authority is entitled to receive from Project Co any compensation, costs or damages, but not in any other case, the Authority will use all reasonable efforts to mitigate such amount required to be paid by Project Co to the Authority under this Agreement, provided that such obligation will not require the Authority to: (a) take any action which is contrary to the public interest, as determined by the Authority in its discretion;discretion;‌ (b) undertake any mitigation measure that might be available arising out of its status as a public body, but which measure would not normally be available to a private commercial party; oror‌ (c) alter the amount of any Deductions it is entitled to make in accordance with Schedule 8 [Payments]. Payments].‌ The Authority will have no obligation to mitigate, implied or otherwise, except as set out in this Section 2.6 or as otherwise expressly set out in this Agreement. Upon request from Project Co, the Authority will promptly submit a detailed description, supported by all such documentation as Project Co may reasonably require, of the measures and steps taken by the Authority to mitigate and meet its obligations under this Section 2.6.

Appears in 2 contracts

Samples: Project Agreement, Project Agreement

General Duty of Authority to Mitigate. In all cases where the Authority is entitled to receive from Project Co any compensation, costs or damages, but not in any other case, the Authority will use all reasonable efforts to mitigate such amount required to be paid by Project Co to the Authority under this Agreement, provided that such obligation will not require the Authority to: (a) take any action which is contrary to the public interest, as determined by the Authority in its discretion;discretion;‌ (b) undertake any mitigation measure that might be available arising out of its status as a public body, but which measure would not normally be available to a private commercial party; oror‌ (c) alter the amount of any Deductions it is entitled to make in accordance with Schedule 8 [Payments]. this Agreement.‌ The Authority will have no obligation to mitigate, implied or otherwise, except as set out in this Section 2.6 or as otherwise expressly set out in this Agreement. Upon request from Project Co, the Authority will promptly submit a detailed description, supported by all such documentation as Project Co may reasonably require, of the measures and steps taken by the Authority to mitigate and meet its obligations under this Section 2.6.

Appears in 1 contract

Samples: Project Agreement

AutoNDA by SimpleDocs

General Duty of Authority to Mitigate. In all cases where the Authority is entitled to receive from Project Co any compensation, costs or damages, but not in any other case, the Authority will use all reasonable efforts to mitigate such amount required to be paid by Project Co to the Authority under this Agreement, provided that such obligation will not require the Authority to: (a) take any action which is contrary to the public interest, as determined by the Authority in its discretion;discretion;‌ (b) undertake any mitigation measure that might be available arising out of its status as a public body, but which measure would not normally be available to a private commercial party; or (c) alter the amount of any Deductions it is entitled to make in accordance with Schedule 8 [Payments]. Payments].‌ The Authority will have no obligation to mitigate, implied or otherwise, except as set out in this Section 2.6 [General Authority of Duty to Mitigate] or as otherwise expressly set out in this Agreement. Upon request from Project Co, the Authority will promptly submit a detailed description, supported by all such documentation as Project Co may reasonably require, of the measures and steps taken by the Authority to mitigate and meet its obligations under this Section 2.62.6 [General Duty of Authority to Mitigate].

Appears in 1 contract

Samples: Project Agreement

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!