General Duty of Project Co to Mitigate Sample Clauses

General Duty of Project Co to Mitigate. In all cases where Project Co is entitled to receive from the Authority any compensation in addition to the payments described in Section 3.1(a), costs, damages or extensions of time, Project Co will use all reasonable efforts to mitigate such amount required to be paid by the Authority to Project Co under this Agreement, or the length of the extension of time. Upon request from the Authority, Project Co will promptly submit a detailed description, supported by all such documentation as the Authority may reasonably require, of the measures and steps taken by Project Co to mitigate and meet its obligations under this Section 2.5.
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General Duty of Project Co to Mitigate. In all cases where Project Co is entitled to receive from BC Hydro any compensation in addition to the payments described in Section 3.1(a) of this Agreement, costs, damages or extensions of time, Project Co will use all reasonable efforts to mitigate such amount required to be paid by BC Hydro to Project Co under this Agreement, or the length of the extension of time. Upon request from BC Hydro, Project Co will promptly submit a detailed description, supported by all such documentation as BC Hydro may reasonably require, of the measures and steps taken by Project Co to mitigate and meet its obligations under this Section 2.10.
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General Duty of Project Co to Mitigate. In all cases where Project Co is entitled to receive from PUC any relief from its obligations under this Agreement or any compensation, costs or damages, Project Co will use all commercially reasonable efforts to mitigate such relief sought from its obligations under this Agreement or such amount required to be paid by PUC to Project Co under this Agreement including causing all applicable Project Co Persons to use their respective commercially reasonable efforts to mitigate any such relief, losses, costs or expenses they may require or suffer and which might impact any relief sought or compensation, costs or damages payable by PUC to Project Co hereunder.
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General Duty of Project Co to Mitigate. In all cases under this Agreement where Project Co is entitled (or claims to be entitled) to receive from the City any compensation in addition to the payments described in Section 8 [Payment], Direct Losses, costs, damages, extensions of time or other relief from its performance obligations, including as contemplated by Section 10.1(b), Project Co shall use all commercially reasonable efforts to mitigate such amount required to be paid by the City to Project Co, or the length of the extension of time or delay in performance. Upon request from the City, Project Co shall promptly submit a detailed description, supported by all such documentation as the City may reasonably require, of the measures and steps taken, and intended to be taken, by Project Co to meet its mitigation obligations under this Section 12.7
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General Duty of Project Co to Mitigate and any other provision of this Agreement that applies to the circumstance in question.
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General Duty of Project Co to Mitigate. In all cases where Project Co is entitled to receive from Operations Co any compensation, costs or damages, but not in any other case, Project Co will use all commercially reasonable efforts (including enforcing its rights against the Authority pursuant to Section 2.6 of the Project Agreement) to mitigate such amount required to be paid by Operations Co to Project Co under this Project Implementation Agreement (except where Project Co is unable to do so under the Project Agreement, including as a result of a circumstance where the Authority is not required to mitigate pursuant to Section 2.6(a) of the Project Agreement, or the Senior Financing Agreements). (a) Not used (b) Not used Project Co 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 Project Implementation Agreement. Upon request from Operations Co, Project Co will promptly submit a detailed description, supported by all such documentation as Operations Co may reasonably require, of the measures and steps taken by Project Co to mitigate and meet its obligations under this Section 2.6.
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Related to General Duty of Project Co to Mitigate

  • Obligation to Mitigate Each Lender (which term shall include Issuing Bank for purposes of this Section 2.21) agrees that, as promptly as practicable after the officer of such Lender responsible for administering its Loans or Letters of Credit, as the case may be, becomes aware of the occurrence of an event or the existence of a condition that would cause such Lender to become an Affected Lender or that would entitle such Lender to receive payments under Section 2.18, 2.19 or 2.20, it will, to the extent not inconsistent with the internal policies of such Lender and any applicable legal or regulatory restrictions, use reasonable efforts to (a) make, issue, fund or maintain its Credit Extensions, including any Affected Loans, through another office of such Lender, or (b) take such other measures as such Lender may deem reasonable, if as a result thereof the circumstances which would cause such Lender to be an Affected Lender would cease to exist or the additional amounts which would otherwise be required to be paid to such Lender pursuant to Section 2.18, 2.19 or 2.20 would be materially reduced and if, as determined by such Lender in its sole discretion, the making, issuing, funding or maintaining of such Revolving Commitments, Loans or Letters of Credit through such other office or in accordance with such other measures, as the case may be, would not otherwise adversely affect such Revolving Commitments, Loans or Letters of Credit or the interests of such Lender; provided, such Lender will not be obligated to utilize such other office or take such other measures pursuant to this Section 2.21 unless Borrower agrees to pay all reasonable incremental expenses incurred by such Lender as a result of utilizing such other office or take such other measures as described above. A certificate as to the amount of any such expenses payable by Borrower pursuant to this Section 2.21 (setting forth in reasonable detail the basis for requesting such amount) submitted by such Lender to Borrower (with a copy to Administrative Agent) shall be conclusive absent manifest error.

  • EVALUATION OF PROJECT BENEFITS The goal of this task is to report the benefits resulting from this project.

  • Conditions to Each Party’s Obligation to Effect the Closing The respective obligation of each party to effect the Closing shall be subject to the satisfaction or waiver at or prior to the Effective Time of the following conditions:

  • No Obligation to Mitigate Executive shall not be required to seek other employment or otherwise to mitigate Executive's damages upon any termination of employment; provided, however, that, to the extent Executive receives from a subsequent employer health or other insurance benefits that are substantially similar to the benefits referred to in Section 5(b) hereof, any such benefits to be provided by the Company to Executive following the Term shall be correspondingly reduced.

  • No Obligation to Mitigate Damages; No Effect on Other Contractual Rights (a) The Executive shall not be required to mitigate damages or the amount of any payment provided for under this Agreement by seeking other employment or otherwise, nor shall the amount of any payment provided for under this Agreement be reduced by any compensation earned by the Executive as the result of employment by another employer after the Date of Termination, or otherwise. (b) The provisions of this Agreement, and any payment provided for hereunder, shall not reduce any amounts otherwise payable, or in any way diminish the Executive's existing rights, or rights which would accrue solely as a result of the passage of time, under any benefit plan, incentive plan or stock option plan, employment agreement or other contract, plan or arrangement.

  • Standard of Care; Reliance on Records and Instructions; Indemnification BISYS shall use its best efforts to ensure the accuracy of all services performed under this Agreement, but shall not be liable to the Trust for any action taken or omitted by BISYS in the absence of bad faith, willful misfeasance, negligence or from reckless disregard by it of its obligations and duties. The Trust agrees to indemnify and hold harmless BISYS, its employees, agents, directors, officers and nominees from and against any and all claims, demands, actions and suits, whether groundless or otherwise, and from and against any and all judgments, liabilities, losses, damages, costs, charges, counsel fees and other expenses of every nature and character arising out of or in any way relating to BISYS' actions taken or nonactions with respect to the performance of services under this Agreement or based, if applicable, upon reasonable reliance on information, records, instructions or requests given or made to BISYS by the Trust, the investment adviser and on any records provided by any fund accountant or custodian thereof; provided that this indemnification shall not apply to actions or omissions of BISYS in cases of its own bad faith, willful misfeasance, negligence or from reckless disregard by it of its obligations and duties; and further provided that prior to confessing any claim against it which may be the subject of this indemnification, BISYS shall give the Trust written notice of and reasonable opportunity to defend against said claim in its own name or in the name of BISYS.

  • No Duty to Mitigate Executive will not be required to mitigate the amount of any payment contemplated by this Agreement, nor will any earnings that Executive may receive from any other source reduce any such payment.

  • No Obligation to Mitigate Damages Employee shall not be required to mitigate damages or the amount of any payment provided for under this Agreement by seeking other employment or otherwise, nor shall the amount of any payment provided for under this Agreement be reduced by any compensation earned by Employee as a result of employment by another employer or by retirement benefits after the Date of Termination, or otherwise, except to the extent provided in Section 3 above.

  • Payment of Project Activities County will reimburse Subrecipient for eligible project-related costs only. Subrecipient shall submit requests for reimbursement to County on a monthly basis beginning on August 1, 2021, and must provide adequate documentation as required by County in accordance with the OC Community Resources Contract Reimbursement Policy, as set forth in Exhibit 1, attached hereto and incorporated herein by reference. In addition, Subrecipient will provide a progress Grantee Performance Report (“GPR Information Form”) for the time period covered, as prescribed by County. Failure to provide any of the required documentation and reporting will cause County to withhold all or a portion of a request for reimbursement, or return the entire reimbursement package to Subrecipient, until such documentation and reporting has been received and approved by County.

  • Duty to Mitigate Each Party agrees that it has a duty to mitigate damages and covenants that it will use commercially reasonable efforts to minimize any damages it may incur as a result of the other Party’s failure to perform pursuant to this Agreement.

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