Common use of Mitigating Measures Clause in Contracts

Mitigating Measures. The Buyer shall take (and cause its Affiliates, the Company and other entities of the Economic Group of the Company to take) any and all mitigating measures available pursuant to the Law and/or as previously agreed, in writing, between the Parties, as applicable, to mitigate any related loss and damage that in any way may impact the Company and other entities of the Economic Group of the Company. In the event any Claim is initiated, the Buyer shall file (and cause its Affiliates, the Company and other entities of the Economic Group of the Company to file) all possible judicial and administrative appeals and exhaust all opportunities to answer, always with the purpose of avoiding Loss for any and all Indemnified Parties. The Buyer, its Affiliates, the Company and/or other entities of the Economic Group of the Company shall not make any spontaneous confession pursuant to Article 138 of Law No. 5.172, dated October 25, 1966, as amended, or acknowledge fault, without the express written consent of the Sellers.