Reductions in Mitigation Clause Samples

The 'Reductions in Mitigation' clause defines how any compensation or damages owed may be decreased if the affected party fails to take reasonable steps to minimize their losses. In practice, this means that if a party suffers harm but does not act to reduce the impact—such as by seeking alternative suppliers or remedies—the amount recoverable from the other party can be reduced accordingly. This clause ensures fairness by encouraging proactive behavior and prevents parties from recovering losses that could have been avoided through reasonable efforts.
Reductions in Mitigation. The Permittees will not implement adaptive management changes that may result in less mitigation than provided for the Covered Species under the original terms of the SLCHCP, unless the USFWS first provides written approval. The Permittees may propose any such adaptive management changes by notice to the USFWS, specifying the adaptive management modifications proposed, the basis for them, including supporting data, and the anticipated effects on Covered Species, and other environmental impacts. Within 120 days of receiving such a notice, the USFWS will either approve the proposed adaptive management changes, approve them as modified by the USFWS, or notify the Permittees that the proposed changes constitute permit amendments that must be reviewed under Section 13.2 of this Agreement.
Reductions in Mitigation. Permittee will not implement adaptive management changes that may result in less mitigation than provided for the Covered Species under the original terms of the HCP unless FWS first provides written approval. In such circumstances, Permittee may propose the adaptive management changes by notice to FWS, specifying the adaptive management modifications proposed, the basis for them, including supporting data, and the anticipated effects on the Covered Species, and other environmental impacts. Within one hundred twenty (120) days of receiving the notice, FWS will either approve the proposed adaptive management changes, approve them as modified by FWS, or notify Permittee that the proposed changes constitute permit amendments that must be processed in accordance with Chapter 7 of the HCP.
Reductions in Mitigation. The City will not implement adaptive management changes that may result in significantly less mitigation than provided for under the original terms of the HCP, unless the Services first provide written approval. Reduction of specific mitigation may be allowed if such changes maintain or increase the
Reductions in Mitigation. The Permittee will not implement adaptive management changes that may result in less mitigation than provided for Covered Species under the terms of the HCP, unless the Service first provides written approval. The Permittee may propose any such adaptive management changes by notice to the Service, specifying the adaptive management modifications proposed, the basis for them, including supporting data, and the anticipated effects on Covered Species, and other environmental impacts. Within 120 days of receiving such a notice, the Service will either approve the proposed adaptive management changes, approve them as modified by the Service, or notify the Permittee that the proposed changes constitute Permit amendments that must be reviewed under Section 12.0 of this Agreement.
Reductions in Mitigation. Permittee will not implement adaptive management changes that may result in less mitigation than provided for Covered Species under the original terms of the Plan, unless the Wildlife Agencies first provide written approval. Permittee may propose any such adaptive management changes by notice to the Wildlife Agencies, specifying the adaptive management modifications proposed, the basis for them, including supporting data, and the anticipated effects on Covered Species, and other environmental impacts. Within 120 days of receiving such notice, the Wildlife Agencies will either: (1) approve the proposed adaptive management changes, (2) approve them as modified by the Wildlife Agencies, or (3) notify Permittee that the proposed changes constitute Permit amendments that must be reviewed under Section 15.2 of this Agreement.
Reductions in Mitigation. Permittee will not implement adaptive management changes that may result in less mitigation than provided for covered species under the original terms of the HCP, unless the Service first provides written approval. Pennittee may propose any such adaptive management changes by notice to the Service, specifying the adaptive management modifications proposed, the basis for them, including suppmting data, and the anticipated effects on covered species, and other enviromnental impacts. Within 120 days of receiving such a notice, the Service will either approve the proposed adaptive management changes, approve them as modified by the Service, or notify Pennittee that the proposed changes constitute pennit amendments that must be reviewed under Section 12.2
Reductions in Mitigation. FIR will not implement adaptive management changes that may result in less mitigation than provided for the Covered Species under the original terms of the HCP unless the Service first provides written approval. In such circumstances, FIR may propose the adaptive management changes by notice to the Service, specifying the adaptive management modifications proposed, the basis for them, including supporting data, and the anticipated effects on the Covered Species. Within one hundred twenty (120) days of receiving the notice, the Service will either approve the proposed adaptive management changes, approve them as modified by the Service, or notify Permittee that the proposed changes constitute amendments that must be processed in accordance with Section 8.3.2 of the HCP.

Related to Reductions in Mitigation

  • Set Off; Mitigation The Company’s obligation to pay Employee the amounts provided and to make the arrangements provided hereunder shall be subject to set-off, counterclaim, or recoupment of amounts owed by Employee to the Company or its affiliates; provided, however, that to the extent any amount so subject to set-off, counterclaim, or recoupment is payable in installments hereunder, such set-off, counterclaim, or recoupment shall not modify the applicable payment date of any installment, and to the extent an obligation cannot be satisfied by reduction of a single installment payment, any portion not satisfied shall remain an outstanding obligation of Employee and shall be applied to the next installment only at such time the installment is otherwise payable pursuant to the specified payment schedule. Employee shall not be required to mitigate the amount of any payment provided pursuant to this Agreement by seeking other employment or otherwise, and except as provided in Section 8(d)(iv) hereof, the amount of any payment provided for pursuant to this Agreement shall not be reduced by any compensation earned as a result of Employee’s other employment or otherwise.

  • Set Off; No Mitigation The Company’s obligation to pay Executive the amounts provided and to make the arrangements provided hereunder shall be subject to set-off, counterclaim or recoupment of amounts owed by Executive to the Company or its affiliates. Executive shall not be required to mitigate the amount of any payment provided for pursuant to this Agreement by seeking other employment, taking into account the provisions of Section 9 of this Agreement.

  • Certain Reductions Notwithstanding anything herein to the contrary, the Company shall reduce Executive’s severance benefits under this Agreement, in whole or in part, by any other severance benefits, pay in lieu of notice, or other similar benefits payable to Executive by the Company in connection with Executive’s termination, including but not limited to payments or benefits pursuant to (a) any applicable legal requirement, including, without limitation, the Worker Adjustment and Retraining Notification Act, or (b) any other Company agreement, arrangement, policy or practice relating to Executive’s termination of employment with the Company. The benefits provided under this Agreement are intended to satisfy, to the greatest extent possible, any and all statutory obligations that may arise out of Executive’s termination of employment. Such reductions shall be applied on a retroactive basis, with severance benefits paid first in time being recharacterized as payments pursuant to the Company’s statutory obligation.

  • Mitigation and Set-Off The Executive shall not be required to mitigate the amount of any payment provided for in this Agreement by seeking other employment or otherwise. The Company shall not be entitled to set off against the amounts payable to the Executive under this Agreement any amounts owed to the Company by the Executive, any amounts earned by the Executive in other employment after termination of his employment with the Company, or any amounts which might have been earned by the Executive in other employment had he sought such other employment.