Common use of Purchaser’s duty to mitigate Clause in Contracts

Purchaser’s duty to mitigate. The Purchaser shall procure that all reasonable steps are taken to avoid or mitigate any loss or damage which it may suffer in consequence of any breach by the Seller of the terms of this Agreement or any fact, matter, event or circumstance likely to give rise to a Claim.

Appears in 4 contracts

Samples: Share Purchase Agreement (Hungarian Telephone & Cable Corp), Sale and Purchase Agreement (Aes Corp), Agreement for the Sale and Purchase of Business Operations (Sirva Inc)

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Purchaser’s duty to mitigate. The Purchaser shall procure that all reasonable steps required to be taken under any applicable laws, rules or requirements of any regulatory or governmental authority or stock exchange are taken to avoid or mitigate any loss or damage which it may suffer in consequence of any breach by the Seller of the terms of this Agreement or any fact, matter, event or circumstance likely to give rise to a Claim.

Appears in 1 contract

Samples: Share Purchase Agreement

Purchaser’s duty to mitigate. The Purchaser Purchasers shall procure that all reasonable steps are taken to avoid or mitigate any loss or damage which it may suffer in consequence of any breach by the Seller Sellers of the terms of this Agreement or any fact, matter, event or circumstance likely to give rise to a Claim.

Appears in 1 contract

Samples: Agreement for the Sale and Purchase of Sirva Inc’s Continental European Moving Services Operations (Sirva Inc)

Purchaser’s duty to mitigate. The Purchaser Purchasers shall procure that all reasonable steps are taken to avoid or mitigate any loss or damage which it may suffer in consequence of any breach by the Seller Sellers of the terms of this Agreement or any fact, matter, event or circumstance likely to give rise to a ClaimClaim except a claim under the Tax Covenant.

Appears in 1 contract

Samples: Agreement for the Sale and Purchase of Shares and Intellectual Property Rights (Campbell Soup Co)

Purchaser’s duty to mitigate. The Purchaser shall procure that all reasonable steps are taken to avoid or mitigate any loss or damage which it may suffer in consequence of any breach by the Seller Management Warrantors of the terms of this Agreement Deed or any fact, matter, event or circumstance likely to give rise to a Claim.

Appears in 1 contract

Samples: Management Warranty Deed (GTT Communications, Inc.)

Purchaser’s duty to mitigate. The Purchaser shall procure that all reasonable steps are taken be required to avoid or mitigate any loss or damage which it may suffer in consequence of any breach by the Seller Management Warrantors of the terms of this Agreement Deed or any fact, matter, event or circumstance likely to give rise to a ClaimClaim if and solely to the extent required by applicable law.

Appears in 1 contract

Samples: Management Warranty Deed (GoDaddy Inc.)

Purchaser’s duty to mitigate. The Purchaser shall procure that all reasonable steps are taken to avoid or mitigate any loss or damage which it may suffer in consequence of any breach by the Seller or any Designated Seller of the terms of this Agreement or any fact, matter, event or circumstance likely to give rise to a Claim, provided that the costs of taking such steps to avoid or mitigate any loss or damage shall be taken into account in determining the quantum of any Claim.

Appears in 1 contract

Samples: Sale and Purchase Agreement (Sara Lee Corp)

Purchaser’s duty to mitigate. The Purchaser shall procure that all reasonable steps are taken to avoid or mitigate any loss or damage which it may suffer in consequence of any breach by the Seller Sellers of the terms of this Agreement or any fact, matter, event or circumstance likely to give rise to a Relevant Claim.

Appears in 1 contract

Samples: Share Purchase Agreement (Opentable Inc)

Purchaser’s duty to mitigate. The Purchaser shall procure that all reasonable steps are taken to avoid or mitigate any loss or damage which it may suffer in consequence of any breach by the Seller of the terms of this Agreement or any fact, matter, event or circumstance likely to give rise to a ClaimClaim for breach of the Warranties.

Appears in 1 contract

Samples: Agreement for the Sale and Purchase of Shares and Assets (Evotec AG)

Purchaser’s duty to mitigate. The Purchaser shall procure that all reasonable steps are taken to avoid or mitigate any loss or damage which that it may suffer in consequence of any breach by the Seller of the terms of this Agreement or any fact, matter, event or circumstance likely to give rise to a Claim.

Appears in 1 contract

Samples: Share Purchase Agreement (Kosmos Energy Ltd.)

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Purchaser’s duty to mitigate. The Purchaser shall procure that all reasonable steps are taken to avoid or mitigate any loss or damage Loss which it may suffer in consequence of any breach by the Seller of the terms of this Agreement or any fact, matter, event or circumstance likely to give rise to Warranty (other than a ClaimFundamental Warranty).

Appears in 1 contract

Samples: Agreement for the Sale and Purchase of Aktiv Kapital As (Portfolio Recovery Associates Inc)

Purchaser’s duty to mitigate. The Purchaser shall procure that all commercially reasonable steps are taken to avoid or mitigate any loss or damage which it may suffer in consequence of any breach by the a Seller of the terms of this Agreement or any fact, matter, event or circumstance likely to give rise to a Claim.

Appears in 1 contract

Samples: Sale and Purchase Agreement (GTT Communications, Inc.)

Purchaser’s duty to mitigate. The Purchaser shall procure that all reasonable steps are taken to avoid or mitigate any loss (including, for the avoidance of doubt, any Losses, as defined below,) or damage which it may suffer in consequence of any breach by the Seller or any Designated Seller of the terms of this Agreement or any fact, matter, event or circumstance likely to give rise to a Claim.

Appears in 1 contract

Samples: Sale and Purchase Agreement (Smithfield Foods Inc)

Purchaser’s duty to mitigate. The Purchaser shall procure that all reasonable steps are taken to avoid or mitigate any loss or damage which it may suffer in consequence of any breach by the Seller of the terms of this Agreement or any fact, matter, event or circumstance likely to give rise to a Non-Tax Claim.

Appears in 1 contract

Samples: Agreement for the Sale and Purchase of Shares (EnergySolutions, Inc.)

Purchaser’s duty to mitigate. The Purchaser shall procure that all reasonable steps are taken to avoid or mitigate any loss or damage which it may suffer in consequence of any breach by the Seller Sellers of the terms of this Agreement or any fact, matter, event or circumstance likely to give rise to a Claim.

Appears in 1 contract

Samples: Share Purchase Agreement (Evercore Partners Inc.)

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