Common use of Breach Mitigation Clause in Contracts

Breach Mitigation. If a Party determines that the other Party is in breach of its obligations under this Agreement, it will so notify the other Party in writing and the other Party will have a period of ten (10) days after receipt of such notice in which to cure any such breach unless such breach is incapable of being cured within such time. In addition to the foregoing and notwithstanding anything to the contrary set forth in the Purchase Agreement, each Party agrees that it shall, in all circumstances, use commercially reasonable efforts to mitigate and otherwise minimize its damages and those of its Affiliates, whether direct or indirect, due to, resulting from or arising in connection with any failure by the other Party to comply fully with its obligations under this Agreement. Nothing in this Agreement waives or limits any provisions of the Purchase Agreement or contractual or extra-contractual rights or remedies available to either Party to protect Intellectual Property rights afforded the Party under any contracts or the laws of any jurisdiction, including trademarks and service marks.