Common use of Mitigation of Loss Clause in Contracts

Mitigation of Loss. (a) The Purchaser must: (1) take all reasonable actions to mitigate any loss which may give rise to a Warranty Claim, but is not required to take legal action or initiate proceedings against any person; and (2) subject to clause 15.6(a)(1), not omit to take any reasonable action which would mitigate any loss which may give rise to a Warranty Claim. (b) If the Purchaser does not comply with clause 15.6(a) and compliance with clause 15.6(a) would have mitigated the loss, the Vendor is not liable for the amount by which the loss would have been reduced.

Mitigation of Loss. (a) The Purchaser Buyer must: (1) take take, and procure that each other Buyer Group Member and Target Entity takes, all reasonable actions to mitigate any loss which Loss that may give rise to a Warranty Claim, but is not required to take legal action or initiate proceedings against any person; and (2) subject to clause 15.6(a)(1)not omit, not omit and procure that no other Buyer Group Member or Target Entity omits, to take any reasonable action which that would mitigate any loss which Loss that may give rise to a Warranty Claim. (b) If the Purchaser Buyer does not comply with clause 15.6(a7.10(a) and compliance with clause 15.6(a7.10(a) would have mitigated the lossLoss, the Vendor Seller is not liable for the amount by which the loss Loss would have been reduced.