Common use of General Duty to Mitigate Clause in Contracts

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. 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.