Common use of Duty to Mitigate Clause in Contracts

Duty 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 failure to perform pursuant to this Agreement.

Duty 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 failure to perform pursuant to performance or non-performance of this Agreement.

Duty 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 failure to perform pursuant to 's performance or non-performance of this Agreement.

Duty to Mitigate. Each Except as expressly provided otherwise herein, each Party agrees that it has a duty to mitigate damages and covenants that it will shall use commercially reasonable efforts to minimize mitigate any damages it may incur as a result of the other Party’s failure to perform pursuant to performance or non-performance of this Agreement.

Duty to Mitigate. Each Party agrees that it has a duty to shall 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 failure to perform pursuant to performance or non-performance of this Agreement.

Duty to Mitigate. Each Party agrees that it has a duty to mitigate damages Damages and covenants that it will use commercially reasonable efforts to minimize any damages Damages it may incur as a result of the other Party’s failure to perform pursuant to this Agreement.

Duty to Mitigate. Each Party 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 failure to perform pursuant to party's performance or non-performance of this Agreement.

Duty 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 failure to perform pursuant to 's performance or nonperformance of this Agreement.

Duty 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 's failure to perform pursuant to this Agreement.

Duty to Mitigate. Each Party agrees that it has a duty to mitigate damages and covenants that it will shall use commercially reasonable efforts to minimize any damages it may incur as a result of the other Party’s failure to perform pursuant to performance or non-performance of this Agreement.

Duty to Mitigate. Each Party agrees that it party has a duty to mitigate damages and covenants liabilities that it will use commercially reasonable efforts to minimize any damages it may incur as a result of would otherwise be recoverable from the other Party’s failure to perform Party pursuant to this AgreementAgreement by taking commercially reasonable actions to reduce or limit the amount of such liabilities.

Duty 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 failure to perform pursuant to this Agreement.

Duty to Mitigate. Each Party agrees that it has a duty to mitigate damages under this Agreement and covenants that it will use commercially reasonable efforts to minimize any damages it may incur as a result of the an Event of Default involving any other Party’s failure to perform pursuant to this Agreement.

Duty to Mitigate. Each Party agrees that it has a duty to mitigate damages and covenants and that it will use commercially reasonable efforts to minimize any damages it may incur as a result of the other Party’s failure to perform pursuant to 's performance or non-performance of this Agreement.

Duty to Mitigate. Each Party agrees that it has a duty shall use Commercially Reasonable Efforts 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 failure to perform pursuant to performance or non-performance of this Agreementagreement.

Duty 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 failure to perform pursuant to 's performance of non-performance of this Agreement.. ARTICLE VI

Duty to Mitigate. Each Party agrees that it has a duty to mitigate damages and covenants that it will use commercially reasonable efforts Commercially Reasonable Efforts to minimize any damages it may incur as a result of the other Party’s failure to perform pursuant to this Agreementperformance or non-performance of the PPA.

Duty 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 failure to perform pursuant to performance or non-performance of this Agreement.

Duty 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 's failure to perform pursuant to this Agreement.

Duty 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 failure to perform pursuant to this Agreementperformance or non-performance of the PPA.

Duty 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 failure to perform pursuant to this Agreementor losses.

Duty to Mitigate. Each Party agrees that it has a duty to mitigate the damages that would otherwise be recoverable from the other Party pursuant to a Service Agreement by taking appropriate and covenants that it will use commercially reasonable efforts actions to minimize any damages it may incur as a result reduce or limit the amount of the other Party’s failure to perform pursuant to this Agreementsuch damages.

Duty to Mitigate. Each Party 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 Partyparty’s failure to perform pursuant to default or non-performance of this Agreement.

Duty to Mitigate. Each Party agrees that it has a duty to mitigate damages and covenants and that it will use commercially reasonable efforts to minimize any damages it may incur as a result of the other Party’s failure to perform pursuant to 's performance or non- performance of this Agreement.

Duty 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 failure to perform pursuant to this Agreement.Agreement.‌‌

Duty to Mitigate. Each Except as expressly provided otherwise herein, each Party agrees that it has a duty to mitigate damages and covenants that it will shall use commercially reasonable efforts to minimize mitigate any damages it may incur as a result of the other Party’s failure to perform pursuant to 's performance or non-performance of this Agreement.

Duty to Mitigate. Each Party agrees that it has a duty to mitigate damages and covenants that it will shall use commercially reasonable efforts to minimize any damages losses it may incur as a result of the other Party’s failure to perform pursuant to Party‟s performance or non- performance of this AgreementContract.

Duty to Mitigate. Each Party agrees that it has Both Parties shall each have a duty to mitigate its damages pursuant to the Agreement, and covenants that it will each Party shall use commercially reasonable efforts to minimize any the damages it may incur as a result of the other Party’s failure to perform pursuant to this non-performance of the Agreement.

Duty to Mitigate. Each Party agrees All Parties agree that it has they have a duty to mitigate damages and covenants that it they will use commercially reasonable Commercially Reasonable efforts to minimize any damages it they may incur as a result of the any other Party’s failure to perform pursuant to performance or non-performance of this Agreement.

Duty to Mitigate. Each Party Xxxx Xxxxx 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 failure to perform pursuant to 's performance or non-performance of this Agreement.

Duty to Mitigate. Each Indemnified Party agrees that it has a acknowledges its duty to mitigate damages under applicable Law and covenants that it will use hereby agrees to take, and cause its Affiliates to take, all commercially reasonable efforts steps to minimize mitigate any damages it may incur as a result Loss to the extent required by applicable Law upon becoming aware of the other Party’s failure to perform pursuant to this Agreementany event or circumstance that would be reasonably expected to, or does, give rise thereto.

Duty 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 failure to perform pursuant to performance or non-performance of this AgreementREPA.

Duty 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 failure to perform pursuant to performance or nonperformance of this Agreement.

Duty to Mitigate. Each Party 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 failure to perform pursuant to party's default or non-performance of this Agreement.

Duty to Mitigate. Each Party agrees that it has a duty to mitigate damages and covenants that it will shall use commercially reasonable efforts Commercially Reasonable Efforts to minimize any damages it may incur as a result of the other Party’s failure to perform pursuant to Default under this Transmission Agreement.

Duty to Mitigate. Each Party agrees that it has a duty to mitigate damages and covenants that it will use commercially its best reasonable efforts to minimize any damages it may incur as a result of the other Party’s failure to perform pursuant to performance or non-performance of this Agreement.

Duty to Mitigate. Each Party agrees that it has a duty to mitigate damages and covenants that it will use commercially reasonable efforts Commercially Reasonable Efforts to minimize any damages it may incur as a result of the other Party’s failure to perform pursuant to 's performance or non-performance of this Agreement.

Duty to Mitigate. Each Notwithstanding any other provision of this Agreement, 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 failure to perform pursuant to this Agreementperformance or non-performance.

Duty 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 failure to perform pursuant to 's performance or non-performance of this Agreement.

Duty 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 failure to perform pursuant to performance or non-performance of this Agreement.Agreement.‌

Duty to Mitigate. Each Party agrees Exxx Xxxxx xgrees 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 failure to perform pursuant to 's performance or non-performance of this Agreement.

Duty to Mitigate. Each Notwithstanding any other provision of this Agreement, 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 failure to perform pursuant to this Agreementperformance or non- performance.

Duty 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 failure to perform pursuant to performance or non- performance of this AgreementPPA.

Duty to Mitigate. Each Party agrees that it is has a duty to mitigate damages damages, and each covenants that it will shall use commercially reasonable efforts Commercially Reasonable Efforts to minimize any damages it may incur as a result of the other Party’s failure to perform pursuant to performance or nonperformance of this Agreement.

Duty 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 failure to perform pursuant to performance or non-performance of this Agreement.PPA.‌

Duty to Mitigate. Each Party agrees that it has a duty to shall 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 failure to perform pursuant to performance or non-performance of this Agreement.Agreement.‌

Duty to Mitigate. Each Party agrees that it has a duty to mitigate damages damages, and covenants that it will shall use commercially reasonable efforts Reasonable Efforts to minimize any damages it may incur as a result of the other Party’s failure to perform pursuant to performance or non-performance of this Agreement, but in no event shall the mitigating Party be required to pay any amounts to the non- performing Party in connection with such mitigation.

Duty to Mitigate. Each Notwithstanding any other provision of this Agreement, 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 failure to perform pursuant to performance or nonperformance under this Agreement.Agreement.‌

Duty 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 failure to perform 's performance or nonperformance of this Agreement. ** Material has been omitted pursuant to this Agreementa request to the Commission for confidential treatment and has been filed separately with the Commission.

Duty to Mitigate. Each Party agrees that it has a duty to mitigate damages and covenants that it will use commercially reasonable efforts to minimize minimise any damages cost, expense, damage or loss it may incur as a result of the other Party’s failure to perform pursuant to performance or non-performance of this Agreement.

Duty 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 failure to perform pursuant to this Agreement.it

Duty 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 failure to perform pursuant to performance or non-performance of this AgreementPPA.

Duty to Mitigate. Each Party agrees that it has a duty to mitigate damages and covenants that it will party shall use commercially reasonable efforts to minimize mitigate any damages loss which it may suffer or incur as a result by reason of the breach by the other Party’s failure to perform pursuant to party of any of its representations, warranties or covenants under this Agreement, provided that no party shall be required to incur any costs or to institute any legal proceedings in making such efforts.

Duty 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 any other Party’s failure to perform pursuant to 's performance or non-performance of this Agreement.

Duty to Mitigate. Each Party agrees that it has a duty to mitigate the damages and covenants losses that it will use commercially reasonable efforts to minimize any damages it may incur as a result of would otherwise be recoverable from the other Party’s failure to perform Party pursuant to this AgreementAgreement (including under any indemnity) by taking appropriate and commercially reasonable actions to reduce or limit the amount of such damages or amounts.

Duty 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 failure to perform pursuant to this Agreementin accordance with Applicable Law.

Duty to Mitigate. Each Party agrees that it has a duty to mitigate the damages and covenants that it will use commercially reasonable efforts to minimize any damages it may incur as a result of would otherwise be recoverable from the other Party’s failure to perform Party pursuant to this AgreementAgreement by taking appropriate actions within agreed upon scope, timeline, resources, and financials to reduce or limit the amount of such damages.

Duty to Mitigate. Each Party agrees that it has a duty to mitigate damages under applicable law and covenants that it will use commercially reasonable efforts efforts, to the extent required under applicable law, to minimize any damages it may incur as a result of the other another Party’s failure to perform pursuant to 's default or non-performance of this Agreement.

Duty 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 suffer or incur as a result of the breach by the other Party’s failure to perform pursuant to Party of any of its representations, warranties, covenants or agreements under this Agreement.

Duty 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 that it may incur as a result of the other Party’s failure to perform pursuant to default or non-performance of this Agreement.

Duty 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 failure to perform pursuant to this performance or non-performance of the Agreement.

Duty 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 failure 's performance or non-performance of the Agreement. The contents of this document are subject to perform pursuant to this Agreementrestrictions on disclosure as set forth herein.

Duty 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 failure to perform pursuant to Parry's performance or non-performance of this Agreement.

Duty to Mitigate. Each Except as otherwise provided by Section 5.2, 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 failure to perform pursuant to performance or non-performance of this Agreement.

Duty to Mitigate. Each Notwithstanding any other provision of this Agreement, 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 failure to perform pursuant to this Agreement.performance or non- performance. PUBLIC DISCLOSURE EXECUTION VERSION

Duty 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 an Event of Default involving the other Party’s failure to perform pursuant to this Agreement.

Duty to Mitigate. Each Party agrees that it has a duty to mitigate damages and covenants that it will use commercially reasonable efforts consistent with Prudent Utility Practice to minimize any damages it may incur as a result of the any other Party’s failure to perform pursuant to 's breach, default or non-performance of this Agreement.. [REMAINDER OF PAGE INTENTIONALLY BLANK- SIGNATURE PAGE(S) FOLLOW]

Duty 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 failure performance or non-performance of this Agreement except that neither Party shall be required to perform pursuant to enter into a replacement transaction as provided under this Agreement.

Duty 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 because of the other Party’s failure to perform pursuant to this Agreementperformance or non-performance of the PPA.

Duty to Mitigate. Each Notwithstanding any other provision of this Agreement, each Party agrees that it has a 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 failure to perform pursuant to this Agreementperformance or non-performance.

Duty to Mitigate. Each Party agrees that it has a duty to mitigate damages and covenants agrees that it will use commercially reasonable efforts to minimize any damages it that may incur as a result of the other Party’s failure to perform pursuant to this performance or non-performance of the Agreement.

Duty to Mitigate. Each Party agrees that it has a duty to mitigate damages and covenants that it will use commercially reasonable efforts Commercially Reasonable Efforts to minimize any damages it may incur as a result of the other Party’s failure to perform pursuant to performance or non-performance of this Agreement.PPA. 28 Article 12 Seller Credit Support 28

Duty to Mitigate. Each Party agrees that it has a duty to mitigate damages and covenants that it will use in a commercially reasonable efforts manner to minimize any damages it may incur as a result of the other Party’s failure to perform pursuant to performance or non-performance of this Agreement.

Duty 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 failure to perform pursuant to Part's performance or non-performance of this Agreement.

Duty 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 failure to perform pursuant to 's performance of non-performance of this Agreement.