Common use of Mitigation of Damages Clause in Contracts

Mitigation of Damages. Upon the actual knowledge by any party of the occurrence of any event which may cause any loss, damage or expense to the party, the party shall as soon as reasonably practicable (i) notify the other party of the occurrence of such event and (ii) use its commercially reasonable efforts to take reasonable steps under the circumstances to mitigate or reduce the effects of such event and to avoid continuing harm to it.

Appears in 26 contracts

Sources: Custodial Services Agreement (Gemcorp Commodities Alternative Products Fund), Custodial Services Agreement (Diameter Credit Co), Global Custodial and Agency Services Agreement (Nushares ETF Trust)

Mitigation of Damages. Upon the actual knowledge by any party of the occurrence of any event which may cause any loss, damage or expense to the party, the party shall as soon as reasonably practicable practicable: (i) notify the other party of the occurrence of such event event; and (ii) use its commercially reasonable efforts to take reasonable steps under the circumstances to mitigate or reduce the effects of such event and to avoid continuing harm to it.

Appears in 5 contracts

Sources: Custodial Services Agreement, Escrow and Custody Agreement (Letterone Investment Holdings S.a.r.l.), Escrow and Custody Agreement (CUKUROVA FINANCE INTERNATIONAL LTD)

Mitigation of Damages. Upon the actual knowledge by any party of the occurrence of any event which may cause any loss, damage or expense Loss to the party, the party shall as soon as reasonably practicable (i) notify the other party of the occurrence of such event and (ii) use its commercially reasonable efforts to take reasonable steps under the circumstances to mitigate or reduce the effects of such event and to avoid continuing harm to it.

Appears in 2 contracts

Sources: Global Custodial Services Agreement (Altmfx Trust), Custodial Services Agreement (Altx Trust)

Mitigation of Damages. Upon the actual knowledge by any party Party of the occurrence of any event which may cause any loss, damage or expense to the party, the party shall as soon as reasonably practicable (i) notify the other party of the occurrence of such event and (ii) use its commercially reasonable efforts to take reasonable steps under the circumstances to mitigate or reduce the effects of such event and to avoid continuing harm to it.

Appears in 1 contract

Sources: Custodial Services Agreement (2023 ETF Series Trust)

Mitigation of Damages. Upon the actual knowledge by any party of the occurrence of any event which may cause any loss, damage or expense to the party, the party shall as soon as reasonably practicable (i) notify the other party of the occurrence of such event and (ii) use its commercially reasonable efforts to take reasonable 302999559 v2 0306937.00100 steps under the circumstances to mitigate or reduce the effects of such event and to avoid continuing harm to it.

Appears in 1 contract

Sources: Custodial Services Agreement (Usaa Mutual Funds Trust)