Damage Mitigation Sample Clauses

The Damage Mitigation clause requires parties to take reasonable steps to minimize or prevent further losses after a damaging event occurs. In practice, this means that if one party suffers harm due to a breach or other incident, they must act promptly to reduce the extent of the damage, such as by seeking alternative suppliers or repairing affected property. This clause ensures that losses are not unnecessarily increased and allocates responsibility by preventing a party from recovering damages that could have been avoided through reasonable efforts.
Damage Mitigation. In the event of an emergency or threat to safety or security, The Owner authorizes CM but does not obligate CM to attempt appropriate measures to mitigate damages to The Vessel, The Slip, other Equipment, and CM’s property and environs. The Owner agrees to pay CM its reasonable charges for mitigation attempts.
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Damage Mitigation. In the event of an emergency or threat to safety or security, OWNER authorizes CSC but does not obligate CSC to attempt appropriate measures to mitigate damages to the VESSEL, other VESSELS, and CSC property and environs and OWNER agrees to pay CSC its reasonable charges for mitigation attempts.
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Damage Mitigation. In the event of an emergency or threat to safety or security, OWNER authorized Eagle Storage Center but does not obligate Eagle Storage Center, LLC to attempt appropriate measure to mitigate damages to the personal property, other boats, and Eagle Storage Center, LLC’ property and environs and OWNER agrees to pay Eagle Storage Center, LLC its reasonable charges for mitigation attempts.
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Damage Mitigation. If a third party notifies either party that the Technology, processes, specifications, or formula of a Party infringes or violates the rights of such third party, then the Parties will cooperate to assure that their actions will respect properly asserted third party Intellectual Property Rights and address such allegations of infringement or other claims in a reasonable manner.
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Damage Mitigation. The Seller acknowledges and agrees to be obliged to exert all reasonable efforts to mitigate the damage accruing from any damaging event affecting this Agreement, such as, without being limited to, the Power Plant, the construction material thereof, and/or the Company.
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Damage Mitigation. If any condition arises with respect to the Site Equipment that threatens to materially damage property or injure persons, Customer shall, subject to the Customer Default provisions in Section C, take all reasonable measures to mitigate such risks and stop such dangerous condition from causing damage to property or persons. Customer shall notify BASC immediately upon taking any such measures, and BASC shall repair the Site Equipment in accordance with Section A.
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Damage Mitigation. In the event of an emergency or threat to safety or security, Owner authorizes ▇▇▇▇▇▇ but does not obligate ▇▇▇▇▇▇ to attempt appropriate measures to mitigate damages to the Boat, other boats, and Marina’ property and environs and Owner agrees to pay ▇▇▇▇▇▇ its reasonable charges for mitigation attempts.
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Damage Mitigation. In the event of an emergency or threat to safety or security, OWNER authorized N3 BOATWORKS but does not obligate N3 BOATWORKS to attempt appropriate measure to mitigate damages to the BOAT, other boats, and N3 BOATWORKS’ property and environs and OWNER agrees to pay N3 BOATWORKS its reasonable charges for mitigation attempts.
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Related to Damage Mitigation

  • Damage If, prior to the Closing Date, all or any part of the Improvements are substantially damaged by fire or other casualty, Seller shall promptly give notice to Purchaser of such fact. Thereafter, at Purchaser’s option (to be exercised by Purchaser’s written notice to Seller given within fifteen (15) days after Seller’s initial notice to Purchaser), this Agreement shall terminate with respect to the Subject Property. In the event of any such termination of this Agreement, neither party will have any further obligations under this Agreement (other than the Surviving Indemnity Obligations, which obligations shall survive any such termination), that Purchaser shall, at the request of Seller, execute any document reasonably requested by Seller to evidence such termination including, without limitation, a quit claim deed. If Purchaser fails to elect to terminate this Agreement (in the manner provided in this Section 11) despite such damage, or if the Improvements are damaged but not substantially, Seller shall promptly commence to repair such damage or destruction and to return the damaged Improvements to substantially their condition prior to such damage. If such damage shall be completely repaired prior to the Closing Date, then there shall be no reduction in the Purchase Price, and Seller shall retain the proceeds of all insurance related to such damage. If such damage shall not be completely repaired prior to the Closing Date, but Seller is diligently proceeding to repair, then there shall be no reduction in the Purchase Price and Seller shall complete the repair after the Closing Date and shall be entitled to receive the proceeds of all insurance related to such damage; provided, however, that Purchaser shall have the right to delay the Closing Date until repair is completed. For purposes of this Section 11, the phrase “substantially damaged” means (i) the cost to repair any damage to the Subject Property is estimated to exceed $1,000,000, (ii) access to or parking on the Subject Property is adversely affected, (iii) the damage results in the Subject Property violating any laws or failing to comply with zoning or any covenants, conditions or restrictions affecting the Subject Property, or (iv) the damage entitles the Tenant to terminate the Lease.

  • Damage Limitation IN NO EVENT SHALL THE COMPANY BE LIABLE TO THE SUBSCRIBER FOR ANY LOST PROFITS OR SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, EVEN IF INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING SHALL BE INTERPRETED AND HAVE EFFECT TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, RULE OR REGULATION.

  • 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.

  • Aggravating and Mitigating Factors The penalties in this matter were determined in consideration of all relevant circumstances, including statutory factors as described in CARB’s Enforcement Policy. CARB considered whether the violator came into compliance quickly and cooperated with the investigation; the extent of harm to public health, safety and welfare; nature and persistence of the violation, including the magnitude of the excess emissions; compliance history; preventative efforts taken; innovative nature and the magnitude of the effort required to comply, and the accuracy, reproducibility, and repeatability of the available test methods; efforts to attain, or provide for, compliance prior to violation; action taken to mitigate the violation; financial burden to the violator; and voluntary disclosure. The penalties are set at levels sufficient to deter violations, to remove any economic benefit or unfair advantage from noncompliance, to obtain swift compliance, and the potential costs, risks, and uncertainty associated with litigation. Penalties in future cases might be smaller or larger depending on the unique circumstances of the case.