Duty/Right to Mitigate. Each Party agrees that it has a duty to mitigate damages and covenants that it will use commercially reasonable efforts to minimize any damages it may incur as a result of the other Party’s performance or non-performance hereof. In the event Net Output is not purchased or accepted by Buyer, “commercially reasonable efforts” by Seller shall require Seller to use commercially reasonable efforts to maximize the price for energy received by Seller from third parties.
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