Mitigation Responsibility Clause Samples

The Mitigation Responsibility clause requires a party who suffers a loss or damage to take reasonable steps to minimize the extent of that loss. In practice, this means that if a party is harmed by a breach of contract or other adverse event, they must actively seek to reduce the impact, such as by finding alternative suppliers or taking corrective actions. This clause ensures that losses are not unnecessarily increased and allocates responsibility fairly, preventing the harmed party from recovering damages that could have been avoided with reasonable effort.
Mitigation Responsibility. (i) The Affected Party shall use all reasonable endeavours, acting as a Reasonable and Prudent Operator, to circumvent or overcome any event or circumstance of Force Majeure as expeditiously as possible, provided, however, that the settlement of strikes or differences with employees shall be within the discretion of the Party having the difficulty, and relief under this Clause 15 shall cease to be available to the Affected Party claiming Force Majeure if it fails to use such reasonable endeavours during or following any such event of Force Majeure. (ii) The Affected Party shall have the burden of proving that the circumstances constitute valid grounds of Force Majeure under this Clause 15 and that it has exercised reasonable diligence efforts to remedy the cause of any alleged Force Majeure. (iii) The Affected Party shall notify the other Party when the Force Majeure has terminated or abated to an extent which permits resumption of performance to occur and shall resume performance as expeditiously as possible after such termination or abatement.
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Mitigation Responsibility a. The Affected Party shall use all reasonable diligence and efforts to continue to perform its obligations under this Agreement and, acting as a Reasonable and Prudent Operator, circumvent or overcome any event or circumstance of Force Majeure and minimize its effects: and, relief under this Clause 11 shall cease to be available to the Affected Party claiming Force Majeure if it fails to use such reasonable diligence and efforts during the pendency of any such event. b. The Affected Party shall have the burden of proving that the circumstances constitute valid grounds of Force Majeure under this Clause 11 and that it has exercised reasonable diligence and efforts to remedy the cause of any alleged Force Majeure. c. The Affected Party shall resume performance as expeditiously as possible after termination of the Force Majeure or after the Force Majeure has abated to an extent which permits resumption of performance;
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Mitigation Responsibility. The Affected Party shall use the insurance proceeds to mitigate the impact of the Force Majeure Event. 20.1 Change of "DEVELOPER" shall constitute as follows: a) A material breach of a material provision of the Project Agreements by the "DEVELOPER". b) Repudiation of the Project Agreements by the "DEVELOPER" or the evidencing of an intention by the "DEVELOPER" not to be bound by the terms of this Agreement. c) Appointment of a provisional liquidator providing for winding up of the "DEVELOPER", after notice to the "DEVELOPER" and due hearing, unless such appointment has been set aside within 45 days.
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Mitigation Responsibility. (i) The Vendor shall use all reasonable endeavours, acting as a Reasonable and Prudent Person, to circumvent or overcome any event or circumstance of Force Majeure as expeditiously as possible, and relief under this Clause shall cease to be available to the Vendor claiming Force Majeure if it fails to use such reasonable endeavours during or following any such event of Force Majeure. (ii) The Vendor shall have the burden of proving that the circumstances constitute valid grounds of Force Majeure under this Clause and that it has exercised reasonable diligence efforts to remedy the cause of any alleged Force Majeure. (iii) The Vendor shall notify BPCL when the Force Majeure has terminated or abated to an extent which permits resumption of performance to occur and shall resume performance as expeditiously as possible after such termination or abatement.
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Mitigation Responsibility. The Affected Party shall use the insurance proceeds to mitigate the impact of the Force Majeure Event. EFFECT OF CHANGE IN CONSTITUTION OF "OWNERS" AND "DEVELOPER"
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Mitigation Responsibility. In the event that any authority under this Agreement is transferred or assigned to an Operator for activities conducted and mitigation required under this Agreement, Newhall shall have no liability for the actions of such persons or entities or for the failure of such persons, entities, agencies, and utilities to comply with the terms of this Agreement.
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Mitigation Responsibility. (a) Upon the occurrence of the Force Majeure Event and during the subsistence of the Force Majeure period, both the parties shall engage in good faith consultations and shall use all reasonable endeavours to alleviate the material adverse effect of such Force Majeure. (b) The Affected Party shall use the insurance proceeds to mitigate the impact of the Force Majeure Event.
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Related to Mitigation Responsibility

  • Union Responsibility The Union will attend to any necessary documentation required as a result of a change in the designated institution.

  • Cost Responsibility Interconnection Customer shall be responsible for and shall pay upon demand all Costs associated with the interconnection of the Customer Facility as specified in the Tariff. These Costs may include, but are not limited to, an Attachment Facilities charge, a Local Upgrades charge, a Network Upgrades charge and other charges. A description of the facilities required and an estimate of the Costs of these facilities are included in Sections 3.0 and 4.0 of the Specifications to this ISA.

  • Construction Responsibilities The party named in Article 1, Responsible Parties, under AGREEMENT is responsible for the following: A. Advertise for construction bids, issue bid proposals, receive and tabulate the bids, and award and administer the contract for construction of the Project. Administration of the contract includes the responsibility for construction engineering and for issuance of any change orders, supplemental agreements, amendments, or additional work orders that may become necessary subsequent to the award of the construction contract. In order to ensure federal funding eligibility, projects must be authorized by the State prior to advertising for construction. B. If the State is the responsible party, the State will use its approved contract letting and award procedures to let and award the construction contract. C. If the Local Government is the responsible party, the Local Government shall submit its contract letting and award procedures to the State for review and approval prior to letting. D. If the Local Government is the responsible party, the State must concur with the low bidder selection before the Local Government can enter into a contract with the vendor. E. If the Local Government is the responsible party, the State must review and approve change orders. F. Upon completion of the Project, the party responsible for constructing the Project will issue and sign a “Notification of Completion” acknowledging the Project’s construction completion and submit certification(s) sealed by a professional engineer(s) licensed in the State of Texas. G. For federally funded contracts, the parties to this Agreement will comply with federal construction requirements cited in 23 CFR Part 635 and with requirements cited in 23 CFR Part 633, and shall include the latest version of Form “FHWA-1273” in the contract bidding documents. If force account work will be performed, a finding of cost effectiveness shall be made in compliance with 23 CFR 635, Subpart B.

  • Client Responsibility For clarity, the parties agree that in reviewing the documents referred to in clause (b) above, Patheon’s role will be limited to verifying the accuracy of the description of the work undertaken or to be undertaken by Patheon. Subject to the foregoing, Patheon will not assume any responsibility for the accuracy of any application for receipt of an approval by a Regulatory Authority. The Client is solely responsible for the preparation and filing of the application for approval by the Regulatory Authority and any relevant costs will be borne by the Client.

  • Vendor Responsibilities Note: NO EXCEPTIONS OR REVISIONS WILL BE CONSIDERED IN C-M, O-S, V-W. Indemnification