Mitigation of Losses. Any Indemnified Party hereunder shall use commercially reasonable efforts to avoid or mitigate any Losses which in the absence of mitigation would reasonably be expected to give rise to a Liability in respect of any Indemnification Claim under this Agreement upon becoming aware of any event or circumstances that gives rise to such Indemnification Claim.
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Samples: Sale and Contribution Agreement (Trimble Inc.), Sale and Contribution Agreement (Trimble Inc.), Sale and Contribution Agreement (Agco Corp /De)
Mitigation of Losses. Any Each Indemnified Party hereunder shall shall, and cause its Affiliates to, use their respective commercially reasonable efforts to avoid or mitigate any Losses which in the absence of mitigation would reasonably be expected to give rise to a Liability in respect of any Indemnification Claim under this Agreement Loss upon becoming aware of any event or circumstances circumstance that gives would be reasonably expected to, or does, give rise to thereto, including incurring commercially reasonable costs in respect of such Indemnification Claimindemnifiable Loss.
Appears in 2 contracts
Samples: Business Contribution Agreement (Covia Holdings Corp), Agreement and Plan of Merger (Fairmount Santrol Holdings Inc.)
Mitigation of Losses. Any Each Indemnified Party hereunder shall use commercially reasonable efforts to avoid or mitigate all Losses upon becoming aware of any Losses which in the absence of mitigation would event that could reasonably be expected to give rise to a Liability Losses arising under any Third-Party Claim; provided, that nothing set forth in respect of any Indemnification Claim under this Agreement upon becoming aware shall create an affirmative obligation of any event or circumstances that gives rise the Buyer Indemnified Parties to submit such Indemnification Claima claim to its insurers.
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Mitigation of Losses. Any Indemnified Party hereunder 9.7.1 The Parties shall use their commercially reasonable efforts to avoid or mitigate any Losses which in the absence of mitigation would reasonably be expected to might give rise to a Liability liability in respect of any Indemnification Claim claim under this Agreement upon becoming aware of any event or circumstances that gives rise to such Indemnification ClaimAgreement.
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Samples: Business Purchase Agreement (Integrated Device Technology Inc)
Mitigation of Losses. Any Indemnified Party hereunder shall use take all commercially reasonable efforts to avoid or mitigate any Losses which in the absence of mitigation would reasonably be expected to might give rise to a Liability in respect of any Indemnification Claim under this Agreement upon becoming aware of any event or circumstances that gives rise to such Indemnification ClaimAgreement.
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