Mitigation of delays. The parties shall take reasonable steps to avoid and mitigate the effects of any incidents which cause delay to or cancellation of any trains, and any failure to take such steps shall be regarded as a separate incident.
Mitigation of delays. The Contractor shall be responsible to develop mitigation measures for all delays, regardless of responsibility for the delays, and to identify all time and cost impacts to the Work associated with those mitigation measures. Unless circumstances otherwise require, the Contractor shall not pursue mitigation action for which it expects the Authority to be liable, prior to notifying the Authority and receiving Authority authorization to proceed with the mitigation action. All Contractor proposals for mitigation action, including proposed revisions for timely completion, shall confirm that the Contractor has verified the accuracy of all critical paths to the Substantial Completion Deadline. Whenever it is possible for the Contractor to mitigate delay without added cost, the Contractor shall do so. The Contractor shall mitigate all delays as efficiently and economically as possible, with the objective of minimizing both the time and cost impact of the delay, regardless of responsibility for the delay. The Authority will not be liable for damages that the Contractor could have avoided by reasonable means, such as prudent scheduling of the Work and judicious handling of forces, equipment, or materials.
Mitigation of delays. XXXX must use its best efforts to minimize any such time and cost impact of delays and must cooperate with City to mitigate the impact of any delays encountered by XXXX that would entitle it to an extension of time, even if its performance is unreasonably delayed by City.
