Common use of Mitigation of Losses Clause in Contracts

Mitigation of Losses. Each of the parties agrees to take all reasonable steps to mitigate their respective Losses upon and after becoming aware of any event or condition which would reasonably be expected to give rise to any Losses that are indemnifiable hereunder. The Indemnifying Party shall not be liable for Losses hereunder to the extent that such Losses resulted solely from the Indemnified Party's failure to mitigate its Losses in accordance with the preceding sentence.

Appears in 10 contracts

Samples: Guaranty of Agreement Regarding (Provident Senior Living Trust), Guaranty of Agreement Regarding (Provident Senior Living Trust), Agreement (Brookdale Senior Living Inc.)

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Mitigation of Losses. Each of the parties agrees Indemnified Party shall take, and cause its Affiliates to take take, all reasonable steps to mitigate their respective Losses any Loss upon and after becoming aware of any event or condition which circumstance that would be reasonably be expected to to, or does, give rise to any Losses that are indemnifiable hereunder. The Indemnifying Party shall not be liable for Losses hereunder thereto, including incurring costs only to the minimum extent necessary to remedy the breach that gives rise to such Losses resulted solely from the Indemnified Party's failure to mitigate its Losses in accordance with the preceding sentenceLoss.

Appears in 3 contracts

Samples: Share Purchase Agreement (Uranium Energy Corp), Agreement and Plan of Merger (Tyler Technologies Inc), Agreement and Plan of Merger (Tyler Technologies Inc)

Mitigation of Losses. Each of the parties agrees to The Indemnified Party shall take all commercially reasonable steps to mitigate their respective any Losses upon and after becoming aware of any event event, fact or condition circumstance which would could reasonably be expected to give rise to any Losses that are indemnifiable hereunderLosses. The To the extent the Indemnified Party shall fail to take such steps, then the Indemnifying Party shall not be liable required to indemnify any Indemnified Party for the Losses hereunder to the extent that such Losses resulted solely from could have been avoided if the Indemnified Party's failure Party had taken such steps to mitigate its Losses in accordance with the preceding sentenceLosses.

Appears in 2 contracts

Samples: Stock Purchase Agreement (TreeHouse Foods, Inc.), Securities Purchase Agreement (TreeHouse Foods, Inc.)

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Mitigation of Losses. Each of the parties agrees to The Indemnified Party shall take all reasonable steps to mitigate their respective any Losses upon and after becoming aware of any event event, fact or condition circumstance which would could reasonably be expected to give rise to any Losses that are indemnifiable hereunderLosses. The To the extent the Indemnified Party shall fail to take such steps, then the Indemnifying Party shall not be liable required to indemnify any Indemnified Party for the Losses hereunder to the extent that such Losses resulted solely from could have been avoided if the Indemnified Party's failure to mitigate its Losses in accordance with the preceding sentenceParty had taken such steps.

Appears in 1 contract

Samples: Share Purchase Agreement (Apogee Enterprises, Inc.)

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