Notice and Mitigation. The party that asserts the occurrence of an Un controllable Circumstance shall notify the other party by telephone or facsimile, on or prom ptly after the date the party experiencing such Uncontrollable Circumstance first knew of the occurrence thereof, followed within 15 days by a written description of: (1) the Un controllable Circumstance and the cause thereof (to the extent known); and (2) the date the Uncontrollable Circumstance began, its estimated duration, and the estimated xxx e during which the perform ance of such party's obligations hereunder shall be delayed, or otherwise affected. As soon as practicable after the occurrence of an Uncon trollable Circumstance, the affected party shall also provide the oth er party with a description of: (1) the am oun t, if an y, by which th e Service Fee is proposed to be adjusted as a result of such Uncontrollable Circumstance; (2) any areas where costs might be reduced and the approximate amount of such cost reductions; an d (3) its estimated impact on the other obligations of such party under this Service Contract. The affected party shall also provide prompt written notice of the cessation of such Uncontrollable Circumstance. Xx xxxxxx an Uncontrollable Circumstance occurs, the party claiming to be adversely affected thereby shall, as prom ptly as practicable, use all reasonable efforts to elim inate the cause thereof, reduce costs resulting therefrom, mitigate and limit damage to the oth er party, and resum e full performance under this Service Contract. While the Uncontrollable Circumstance continues, the affected party shall give notice to the other party, before the first day of each succeeding month, updating the information previously submitted. The party claiming to be adversely affected by an Un controllable Circumstance shall bear the burden of proof, and shall furnish promptly any additional documents or other information relating to the Uncontrollable Circumstance reasonably requested by the other party.
Notice and Mitigation. In the event the recipient Party becomes aware of a disclosure of Confidential Information that fails to comply with this Agreement, the recipient Party shall promptly: (a) give notice to the disclosing Party with the full particulars of the disclosure; and (b) take all reasonable steps to mitigate the effects of such disclosure.
Notice and Mitigation. A party affected by an event of Force Majeure shall promptly notify the other Party and shall use commercially reasonable efforts to overcome and mitigate such event of Force Majeure. Without limiting the foregoing, if AVIA Ashok is unable to supply any Products due to Force Majeure, Xxxxx shall be free to purchase such Products from other entities.
Notice and Mitigation. Each demand for payment of Supplemental Rent pursuant to Sections 13.6, 13.7, 13.9 or 13.10 must be accompanied by a certificate of the Person claiming compensation (an "Affected Person") setting forth in reasonable detail the computation of such compensation (including the reasons therefor), which certificate shall be conclusive and binding for all purposes absent manifest error. Prior to demand by an Affected Person for Supplemental Rent pursuant to Sections 13.6 (other than a demand relating to Fixed Rate Advances), 13.7, 13.9 or 13.10, such Affected Person agrees that it will use its reasonable efforts to reduce and eliminate any claim for compensation including, subject to Applicable Law, a change in applicable lending office for this transaction; provided, however, that nothing herein shall obligate an Affected Person to take any action which, in the opinion of such Affected Person, is unlawful, or results in any unreimbursed costs or expenses to such Affected Person, which costs or expenses would not have been incurred but for such action. No Affected Person shall be entitled to any compensation under this Section 13.11 with respect to Sections 13.6 (other than a demand relating to Fixed Rate Advances), 13.7, 13.9 or 13.10 unless at the time it requests such compensation it is the policy or general practice of such Affected Person to demand compensation for comparable costs in similar circumstances under comparable provisions of documents to which it is a party.
Notice and Mitigation. If a Party seeks relief from its obligations to perform under this Contract under Section 20.1, it shall:
Notice and Mitigation. (i) Upon the occurrence of an event that entitles an Affected Party to compensation, reimbursement or indemnification pursuant to this Section 2.10, such Affected Party will give the Borrower prompt notice of such event and, if applicable, the date compliance with this Section 2.10 is required.
Notice and Mitigation a. The Party that asserts the occurrence of an Uncontrollable Circumstance shall notify the other Party by telephone, email or facsimile, on or promptly after the date the Party experiencing such Uncontrollable Circumstance first knew of the occurrence thereof, followed within three (3) days by a written description of: (1) the Uncontrollable Circumstance and the cause thereof (to the extent known); (2) the date the Uncontrollable Circumstance began, its estimated duration, the estimated time during which the performance of such Party’s obligations hereunder shall be delayed, or otherwise affected; and (3) the action being taken by the Party to mitigate the impact of the Uncontrollable Circumstance.
Notice and Mitigation. (A) If the Purchaser shall become aware of any relevant taxation claim or an event likely to give rise to such a claim it shall forthwith give written notice thereof to the Vendor setting out reasonable particulars thereof, insofar as then available, including the amount and the date on which the Vendor is bound to make a payment in respect of that relevant taxation claim, ascertained in accordance with sub-paragraph 2.2, but no failure by the Purchaser to comply with this sub-clause shall affect the Vendor's obligations under sub-paragraph 2.1 unless the failure to comply with this sub- paragraph 2.7(A) shall have prevented the Vendor (or the Purchaser or any member of the Sale Group acting in accordance with the wishes of the Vendor under sub- paragraph 2.7(C)) from taking such actions which might reasonably have been expected to reduce or eliminate the taxation claim, in which case no claim may be made under sub-paragraph 2.1 to the extent that such claim would have been so eliminated or reduced.
Notice and Mitigation. (i) Upon the occurrence of an event that entitles the Subordinated Lender to compensation, reimbursement or indemnification pursuant to this Section 2.11, the Subordinated Lender will give the Borrower prompt notice of such event and, if applicable, the date compliance with this Section 2.11 is required.
Notice and Mitigation. 20.4 Termination of the Contract due to a Force Majeure Event
