Mitigation of Adverse Effects Clause Samples

The Mitigation of Adverse Effects clause requires parties to take reasonable steps to reduce or prevent negative impacts that may arise from certain events or breaches under the agreement. In practice, this means that if a party suffers harm or loss, they must act to minimize the extent of that harm, such as by seeking alternative solutions or avoiding unnecessary expenses. The core function of this clause is to prevent parties from passively allowing damages to escalate, thereby ensuring fairness and limiting the overall liability that may result from adverse situations.
Mitigation of Adverse Effects. Each of the Parties undertakes to make commercially reasonable efforts to mitigate any and all adverse effects on the other Party, its Affiliates and/or their respective businesses, as a result of negotiations for the conclusion or renewal of agreements and arrangements with third parties within the scope of, or during, the Business Separation. Sendas undertakes to make commercially reasonable efforts, and CBD undertakes to cooperate with Sendas, to negotiate new agreements for Sendas, either with the counterparties of the Shared Agreements, or with other possible suppliers, if any, relating to services, products and/or benefits under any Shared Agreement, so that the Parties terminate, in the shortest possible period, the existing relationships between them under the Shared Agreements, as set forth in Clause 5.2.
Mitigation of Adverse Effects. If archaeological are sites are discovered that are determined eligible for the NRHP in coordination with FHWA, SHPO, and the Miami Tribe of Oklahoma, IDOT will consult with FHWA, SHPO, and the Miami Tribe of Oklahoma in developing measures to avoid and minimize potential impacts to these historic properties. When impacts cannot be avoided, data-recovery excavations will be conducted by IDOT. These investigations will follow the generalized data- recovery plans for prehistoric and historic era habitation sites listed in Exhibit D.
Mitigation of Adverse Effects. The Affected Party will nevertheless use commercially practical endeavors to continue to perform its obligations under the Contract and to mitigate the adverse effects of the Force Majeure Event to the extent commercially practical.
Mitigation of Adverse Effects 

Related to Mitigation of Adverse Effects

  • Determination of Adverse Consequences The Parties shall take into account the time cost of money (using the Applicable Rate as the discount rate) in determining Adverse Consequences for purposes of this §8. All indemnification payments under this §8 shall be deemed adjustments to the Purchase Price.

  • Absence of Adverse Changes From the date hereof until the Closing, there will have been no material adverse change in the financial or business condition of the Company.

  • Litigation; Adverse Effects (a) To the best of Borrower’s knowledge, there is no Proceeding, pending or threatened, against Borrower or any property of Borrower (including the Property), which, if adversely determined, would result in a Material Adverse Effect. (b) Except as disclosed on Schedule 5.11 hereto, Borrower is not (i) in violation of any applicable law, which violation has a Material Adverse Effect, or (ii) subject to or in default with respect to any Court Order which has a Material Adverse Effect.

  • Notice of Adverse Change Recipient shall promptly notify OBDD of any adverse change in the activities, prospects or condition (financial or otherwise) of Recipient or the Project related to the ability of Recipient to perform all obligations required by this Contract.

  • No Adverse Effect The acquisition by the Trust of the Receivables arising in the Additional Accounts shall not, in the reasonable belief of the Transferor, result in an Adverse Effect;