Common use of Duty of Mitigation Clause in Contracts

Duty of Mitigation. Notwithstanding any language to the contrary contained herein, in the case of any claims or demands made by Third-Party Owners of Marriott brand hotels, Marriott shall attempt to mitigate such claim or demand by offering to, and negotiating in good faith with, any such claimant that has a management or franchise agreement with Interstate, a Marriott management or franchise agreement containing terms and conditions comparable to the terms of Marriott's standard franchise or management agreement.

Appears in 2 contracts

Sources: Settlement Agreement (Interstate Hotels Management Inc), Settlement Agreement (Interstate Hotels Co)