Notice; Duty to Mitigate. (a) Each Party shall give written notice to the other Party as soon as practicable after becoming aware of any breach by such other Party of any representation, warranty, covenant, agreement or obligation in this Agreement.
Appears in 6 contracts
Samples: Purchase and Sale Agreement (NextEra Energy Partners, LP), Purchase and Sale Agreement (NextEra Energy Partners, LP), Purchase and Sale Agreement
Notice; Duty to Mitigate. (a) Each Indemnified Party shall give written notice to the other Party as soon as practicable Indemnifying Parties within a reasonable period of time after becoming aware of any breach by such other Party of any representation, warranty, covenant, agreement or obligation in this Agreement. The Parties shall have a duty to use commercially reasonable efforts to mitigate any Loss in connection with this Agreement.
Appears in 4 contracts
Samples: Asset Purchase Agreement (Dynegy Inc.), Asset Purchase Agreement (Dayton Power & Light Co), Asset Purchase Agreement (Dynegy Inc.)
Notice; Duty to Mitigate. (a) Each Party shall give written notice to the other Party as soon as practicable after becoming aware of any breach by such other Party of any representation, warranty, covenant, agreement or obligation in this Agreement. The failure to deliver such a notice, however, shall not release the other Party from any of its obligations under this Article X except to the extent that such other Party is materially and irreversibly prejudiced by such failure.
Appears in 3 contracts
Samples: Purchase and Sale Agreement (Vistra Energy Corp), Purchase and Sale Agreement (Vistra Energy Corp), Purchase and Sale Agreement (Energy Future Intermediate Holding CO LLC)
Notice; Duty to Mitigate. (ai) Each Party shall give written notice to the other Party as soon as practicable after becoming aware of any breach by such other Party of any representation, warranty, covenant, agreement or obligation in this Agreement.
Appears in 3 contracts
Samples: Build Out Agreement (NextEra Energy Partners, LP), Contribution Agreement (NextEra Energy Partners, LP), Membership Interest Purchase Agreement (NextEra Energy Partners, LP)
Notice; Duty to Mitigate. (a) Each Party shall give written notice to the other Party as soon as practicable within a reasonable period of time after becoming aware of any breach by such other Party of any representation, warranty, covenant, agreement or obligation in this Agreement. Each Party shall have a duty to mitigate any Loss in connection with this Agreement.
Appears in 3 contracts
Samples: Purchase and Sale Agreement (Baltimore Gas & Electric Co), Purchase and Sale Agreement (Consolidated Edison Inc), Purchase and Sale Agreement (Consolidated Edison Inc)
