Common use of Minimizing Losses Clause in Contracts

Minimizing Losses. Each party agrees to use all commercially reasonable efforts to minimize all Losses (including Losses that are defined for purposes of Section 9.6 as "Environmental Losses") for which it may seek indemnification from the other party pursuant to this Article 9, and to minimize the amount of such indemnification obligation by reasonably pursuing the maximum possible insurance recovery or recovery from other available sources with respect to such Losses and nothing herein will in any way diminish each party's common law duty to mitigate its Loss. Notwithstanding the foregoing, in no event shall Buyer be required to purchase product liability insurance for products manufactured or sold by Seller, Terex B.V. or any Subsidiary prior to the Closing Time.

Minimizing Losses. Each party agrees to use all commercially reasonable efforts to minimize all Losses (including Losses that are defined for purposes of Section 9.6 as "Environmental Losses") for which it may seek indemnification from the other party pursuant to this Article 9, and to minimize the amount of such indemnification obligation by reasonably pursuing the maximum possible insurance recovery or recovery from other available sources with respect to such Losses and nothing herein will in any way diminish each party's common law duty to mitigate its Loss. Notwithstanding the foregoing, in no event shall Buyer be required to purchase product liability insurance for products manufactured or sold by Seller, Terex B.V. Xxxxxxx or any Subsidiary prior to the Closing Time.

Minimizing Losses. Each party agrees to use all commercially reasonable efforts to minimize all Losses (including Losses that are defined for purposes of Section 9.6 as "Environmental Losses") for which it may seek indemnification from the other party pursuant to this Article 9, and to minimize the amount of such indemnification obligation by reasonably pursuing the maximum possible insurance recovery or recovery from other available sources with respect to such Losses and nothing herein will in any way diminish each party's common law duty to mitigate its Loss. Notwithstanding the foregoing, in no event shall Buyer be required to purchase product liability insurance for products manufactured or sold by Seller, Terex B.V. or any Subsidiary Seller prior to the Closing Timeor for any other Excluded Liability.

Minimizing Losses. Each party agrees to use all commercially reasonable efforts to minimize all Losses (including Losses that are defined for purposes of Section 9.6 as "Environmental Losses") for which it may seek indemnification from the other party pursuant to this Article 9, and to minimize the amount of such indemnification obligation by reasonably pursuing the maximum possible insurance recovery or recovery from other available sources with respect to such Losses and nothing herein will in any way diminish each party's common law duty to mitigate its Loss. Notwithstanding the foregoing, in no event shall Buyer be required to purchase product liability insurance for products manufactured or sold by Seller, Terex B.V. or any Subsidiary Seller prior to the Closing Timeor for any other Excluded German Liability.