General Duty to Mitigate. In all cases where the Design-Builder is entitled to receive from the Owner any additional compensation or any costs, damages or extensions of time, the Design-Builder will use all reasonable efforts to mitigate such amount required to be paid by the Owner to the Design- Builder under this Agreement, or the length of the extension of time. Upon request from the Owner, the Design-Builder will promptly submit a detailed description, supported by all such documentation as the Owner may reasonably require, of the measures and steps taken by the Design-Builder to mitigate and meet its obligations under this Section 73.
General Duty to Mitigate. Both Landlord and Tenant shall each use commercially reasonable efforts to mitigate any damages resulting from a default of the other party under this Lease.
General Duty to Mitigate. 1.9.1 Without limiting and in addition to all other obligations to mitigate required by this Agreement, in all cases where the Concessionaire is entitled to receive from the Province any additional compensation (including for any Compensation Event or for any other increased or additional costs or any other Losses incurred by the Concessionaire), damages or extension of time, the Concessionaire will have a duty to use all reasonable efforts and all reasonable due diligence to mitigate and reduce (including, for purposes of example only, by way of competitive procurement for expenditures where appropriate in accordance with Good Industry Practice or otherwise required by Laws and Regulations, rescheduling of works and deliveries, and reallocation or redeployment of labour forces and equipment) the amount required to be paid by the Province to the Concessionaire or the length of the extension of time.
1.9.2 The Concessionaire will not be entitled to receive those parts of any costs incurred by the Concessionaire or those parts of any additional compensation or extensions of time that the Concessionaire could have mitigated against, reduced or otherwise avoided by the exercise of all reasonable efforts and all reasonable due diligence as required in accordance with the provisions of Section 1.9.1. For greater certainty, any amounts reasonably expended in accordance with Section 1.9.1 will be taken into consideration in calculating any compensation payable to the Concessionaire.
1.9.3 Upon request from the Province, the Concessionaire will promptly submit a detailed description, supported by all such documentation as the Province may reasonably require, of the measures and steps taken by the Concessionaire to meet its obligations under Section 1.9.1.
General Duty to Mitigate. 218 64.6 [Intentionally deleted] ................................................................................................. 218 64.7 Entire Agreement ........................................................................................................ 218 64.8 No Reliance ................................................................................................................. 218 64.9 Severability ................................................................................................................. 219 64.10 Enurement ................................................................................................................... 219
General Duty to Mitigate. (a) The City and Project Co shall at all times take commercially reasonable steps to minimize and mitigate any loss for which the relevant Party is entitled to bring a claim against the other Party pursuant to this Project Agreement.
General Duty to Mitigate. (A) Mitigation by the DBOM Contractor. In all cases where the DBOM Contractor is entitled to receive any relief from the BWS or exercise any rights, including the right to receive any payments, costs, damages or extensions of time, whether on account of Uncontrollable Circumstance or otherwise, the DBOM Contractor shall use all reasonable efforts to mitigate such amount required to be paid by the BWS to the DBOM Contractor under this Service Agreement, or the length of the extension of time. Upon request from the BWS, the DBOM Contractor shall promptly submit a detailed description, supported by all such documentation as the BWS may reasonably require, of the measures and steps taken by the DBOM Contractor to mitigate and meet its obligations under this Section.
General Duty to Mitigate.
(a) DPA Contracting Authority and Dev Co shall at all times take commercially reasonable steps to minimize and mitigate any loss for which the relevant Party is entitled to bring a claim against the other Party pursuant to this Agreement.
General Duty to Mitigate. Notwithstanding the provisions of this clause 50 (Indemnities and Responsibility) both Parties shall be under a general duty to take all reasonable steps to minimise and mitigate all injury, losses, damage, actions, claims, demands, costs, charges or expenses, which arise out of or in connection with the performance or non-performance of that Party’s obligations under this Agreement in respect of which that Party claims any indemnity under this clause 50.
General Duty to Mitigate. (a) Without limiting but in addition to all other obligations to mitigate required by this Agreement, in all cases where the Operator is entitled to receive from the Province any additional compensation, damages or extensions of time, including for or resulting from an Abnormal Circumstance, suspension or termination of some or all parts of the Work or the Operations, the Operator will use all reasonable efforts and all due diligence to mitigate and reduce the amount required under this Agreement to be paid by the Province to the Operator as a consequence of the Abnormal Circumstance, suspension, termination or the length of any extension of time which may be required as a result thereof.
(b) The Operator will not be compensated by the Province on account of any costs, loss or damages incurred by the Operator or extensions of time or otherwise to the extent that the Operator could have mitigated against, reduced or otherwise avoided such costs, loss or damages by the exercise of all reasonable efforts and all due diligence as required in accordance with the foregoing provisions of this Section 7.7.
(c) Upon request from the Province, the Operator will, within a reasonable time, submit a detailed description, supported by all such documentation as the Province may require, of the measures and steps taken by the Operator to mitigate and meet the aforesaid obligations.
General Duty to Mitigate. Without limiting, and in addition to, all other obligations to mitigate required by this Agreement, at law or in equity, in all cases where a Party is entitled to receive from another Party any compensation, damages, indemnification or extension of time, the first mentioned Party will have a duty to mitigate its losses, damages, delay, or any other basis for such entitlement, as the case may be, and shall otherwise act in a commercially reasonable manner.
