Common use of Mitigation Responsibility Clause in Contracts

Mitigation Responsibility. (i) The Affected Party shall use all reasonable endeavours, acting as a Reasonable and Prudent Operator, to circumvent or overcome any event or circumstance of Force Majeure as expeditiously as possible, provided, however, that the settlement of strikes or differences with employees shall be within the discretion of the Party having the difficulty, and relief under this Clause 15 shall cease to be available to the Affected Party claiming Force Majeure if it fails to use such reasonable endeavours during or following any such event of Force Majeure. (ii) The Affected Party shall have the burden of proving that the circumstances constitute valid grounds of Force Majeure under this Clause 15 and that it has exercised reasonable diligence efforts to remedy the cause of any alleged Force Majeure. (iii) The Affected Party shall notify the other Party when the Force Majeure has terminated or abated to an extent which permits resumption of performance to occur and shall resume performance as expeditiously as possible after such termination or abatement.

Appears in 10 contracts

Samples: Gas Sale and Purchase Agreement, Gas Sale and Purchase Agreement, Gas Sale and Purchase Agreement

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Mitigation Responsibility. (i) The Affected Party shall use all reasonable endeavours, acting as a Reasonable and Prudent Operator, to circumvent or overcome any event or circumstance of Force Majeure as expeditiously as possible, provided, however, that the settlement of strikes or differences with employees shall be within the discretion of the Party having the difficulty, and relief under this Clause 15 14 shall cease to be available to the Affected Party claiming Force Majeure if it fails to use such reasonable endeavours during or following any such event of Force Majeure. (ii) The Affected Party shall have the burden of proving that the circumstances constitute valid grounds of Force Majeure under this Clause 15 14 and that it has exercised reasonable diligence efforts to remedy the cause of any alleged Force Majeure. (iii) The Affected Party shall notify the other Party when the Force Majeure has terminated or abated to an extent which permits resumption of performance to occur and shall resume performance as expeditiously as possible after such termination or abatement.

Appears in 5 contracts

Samples: Gas Sale and Purchase Agreement, Gas Sale and Purchase Agreement, Gas Sale and Purchase Agreement

Mitigation Responsibility. (ia) The Affected Party shall use all its reasonable endeavoursendeavours and diligent efforts to continue to perform its obligations under each GTA, and, acting as a Reasonable and Prudent Operator, to circumvent or overcome any event or circumstance of Force Majeure as expeditiously as possible, provided, however, that the settlement of strikes or differences with employees shall be within the discretion of the Party having the difficulty, and relief minimize its effects. Relief under this Clause 15 11 shall cease to be available to the Affected Party claiming Force Majeure if it fails to use such reasonable endeavours diligence and efforts during the pendency of or following any such event of Force Majeure. (iib) The Affected Party shall have the burden of proving that the circumstances constitute valid grounds of Force Majeure under this Clause 15 11 and that it has exercised all reasonable diligence endeavours and diligent efforts to remedy the cause of any alleged Force Majeure. (iiic) The Affected Party shall notify resume performance as expeditiously as possible after termination of the other Party when Force Majeure or after the Force Majeure has terminated or abated to an extent which permits resumption of performance to occur and shall resume performance as expeditiously as possible after such termination or abatementperformance.

Appears in 2 contracts

Samples: Gas Transportation Agreement, Firm Gas Transportation Framework Agreement

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Mitigation Responsibility. (ia) The Affected Party shall use all reasonable endeavours, acting as a Reasonable and Prudent Operator, to circumvent or overcome any event or circumstance of Force Majeure as expeditiously as possible, provided, however, that the settlement of strikes or differences with employees shall be within the discretion of the Party having the difficulty, and relief under this Clause 15 shall cease to be available to the Affected Party claiming Force Majeure if it fails to use such reasonable endeavours during or following any such event of Force Majeure. (iib) The Affected Party shall have the burden of proving that the circumstances constitute valid grounds of Force Majeure under this Clause 15 and that it has exercised reasonable diligence efforts to remedy the cause of any alleged Force Majeure. (iiic) The Affected Party shall notify the other Party when the Force Majeure has terminated or abated to an extent which permits resumption of performance to occur and shall resume performance as expeditiously as possible after such termination or abatement.

Appears in 1 contract

Samples: Gas Sales Agreement

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