Standard Mitigation Clause Samples
The Standard Mitigation clause requires parties to take reasonable steps to minimize or reduce any losses or damages that may arise from a breach or other adverse event under the contract. In practice, this means that if a party suffers harm, they must act prudently to prevent the situation from worsening, such as seeking alternative suppliers or promptly notifying the other party of the issue. The core function of this clause is to prevent unnecessary escalation of damages and to ensure that losses are kept to a minimum, thereby promoting fairness and efficiency in resolving contractual disputes.
Standard Mitigation. For the proposed demolition of a historic property, site or object, standard mitigation shall be a survey of the affected property at the intensive level, as specified further in the SOP.
a. In the case of mitigation for redevelopment, mitigation shall include Section 106 review of the proposed new construction (replacement structure), per the SOP.
b. The incorporation of salvaged materials and/or design features from the demolished building or structure in the replacement new construction may be considered as mitigation.
Standard Mitigation. 7 1. If the property is solely archaeological in nature, mitigation or 8 treatment may include, but not be limited to:
9 i. Developing community archaeology and/or cultural 10 resource recordation programs;
11 ii. Assisting with tribal artifacts or human remains repatriation 12 efforts;
13 iii. Preparation of a research design with provisions for data 14 recovery and recordation;
15 iv. Analysis, reporting, and curation of resulting collection and 16 records in an institution as outlined in Stipulation XII 17 (Collection and Curation); and
18 v. Data recovery (See CRMP, Section 6.4.2 Methods for 19 Historic Sites with High Data-Recovery Potential; Section
Standard Mitigation. A range of standard mitigation measures have already been applied to the Project as part of the over-arching site selection and iterative design process (see below and Chapter 3: Site Selection and Alternatives). These have been introduced in order to minimise potential impacts of the Project on any affected marine mammal receptors. Standard mitigation measures which the Project has already implemented, or is committed to in the future, in order to minimise potential impacts on marine mammals are listed below: • Additional data sets were sourced from NRW under licence to inform the original site selection process. These included: Bottlenose dolphin monitoring in Cardigan Bay 2014-2016 (NRW Evidence Report 191) (▇▇▇▇▇▇▇▇▇ et al, 2018); Bottlenose dolphin and harbour porpoise monitoring in Cardigan Bay & Pen Llŷn a’r Sarnau Special Area of Conservation 2011-2013 (NRW Evidence Report 4) (▇▇▇▇▇▇▇▇ et al, 2013); Seal Sites in Wales (CCW Report 131) (▇▇▇▇▇▇ et al, 1995); Atlas of Marine Mammals of Wales (CCW MM Report 68) (▇▇▇▇▇▇ et al, 2012); and Wales' grey seal photo-identification database: EIRPHOT (1992-2016) (Lle, 2019b). None of the data sets identified significant levels of marine mammal activity within the area of search (see Chapter 3: Site Selection and Alternatives, Section 3.7.2 for more information); • Implementation of a piling Marine Mammal Mitigation Plan (MMMP) (see Volume 3, Technical Appendix 12.3: Draft Marine Mammal Mitigation Plan); • Implementation of a UXO MMMP reflecting the Projects intention to seek one UXO detonation via deflagration (low order) (see Volume 3, Technical Appendix 12.3: Draft Marine Mammal Mitigation Plan); • Implementation of a Vessel Management Plan (VMP) which adopts best practice vessel handling protocols (e.g. following the Codes of Conduct provided by the WiSe Scheme7, the Scottish Marine Wildlife Watching Code8, or the Guide to best practice for watching marine wildlife9); • Implementation of a decommissioning MMMP, subject to a separate Marine Licence application prior to decommissioning; and • Code of Construction Practice.