Duty to Mitigate. Nothing in this Agreement shall in any way restrict or limit the general obligation at Law of an Indemnified Party to mitigate any Losses which it may suffer or incur by reason of the breach by an Indemnifying Party of any representation, warranty, agreement or covenant of the Indemnifying Party under this Agreement.
Appears in 4 contracts
Samples: Asset Purchase Agreement, Asset Purchase Agreement (RPX Corp), Asset Purchase Agreement (RPX Corp)
Duty to Mitigate. Nothing in this Agreement shall in any way restrict or limit the general obligation at Law law of an Indemnified Party any party hereto to mitigate any Losses loss or damage which it may suffer or incur in consequence of any breach by reason any other parties hereto of the breach by an Indemnifying Party terms of this Agreement or any representationfact, warrantymatter, agreement event or covenant of the Indemnifying Party under this Agreementcircumstance giving rise to a Claim.
Appears in 3 contracts
Samples: Stock Purchase Agreement (Hexacomb CORP), Stock Purchase Agreement (Sensus Metering Systems Inc), Stock Purchase Agreement (Pactiv Corp)
Duty to Mitigate. Nothing in this Agreement shall in any way restrict or limit the general obligation at Law law of an Indemnified Party to mitigate any Losses which Claims that it may suffer or incur by reason of the breach by an Indemnifying Party of any representation, warranty, agreement warranty or covenant of the Indemnifying Party under this Agreementhereunder.
Appears in 2 contracts
Samples: Stock Purchase Agreement (Mayville Engineering Company, Inc.), Membership Interest Purchase Agreement (Pdi Inc)
Duty to Mitigate. Nothing in this Agreement shall will in any way restrict or limit the general obligation at Law law of an Indemnified Party a party to mitigate any Losses Damages which it may suffer or incur by reason of the breach by an Indemnifying Party the another party of any representation, warranty, agreement warranty or covenant of the Indemnifying Party that other party under this Agreement.
Appears in 2 contracts
Samples: Share Purchase Agreement (Andersons Inc), Share Purchase Agreement (Andersons Inc)
Duty to Mitigate. Nothing in this Agreement shall in any way restrict or limit the general obligation at Law law of an Indemnified Party to mitigate any Losses damages which it may suffer or incur by reason of the breach by an Indemnifying Party of any representation, warranty, agreement warranty or covenant of the Indemnifying Party under this Agreement.
Appears in 1 contract
Samples: Share Purchase Agreement
Duty to Mitigate. Nothing in this Agreement shall in any way restrict or limit the general obligation at Law law of an Indemnified a Party to mitigate any Losses Damages which it may suffer or incur by reason of the breach by an Indemnifying the other Party of any representation, warranty, agreement warranty or covenant of the Indemnifying that other Party under this Agreement.
Appears in 1 contract
Duty to Mitigate. Nothing in this Agreement shall in any way restrict or limit the general obligation at Law law of an Indemnified Party to make commercially reasonable efforts to mitigate any Losses damages which it may suffer or incur by reason of the breach by an Indemnifying Party of any representation, warranty, agreement warranty or covenant of the Indemnifying Party under this Agreement.
Appears in 1 contract
Samples: Share and Real Property Purchase Agreement (Century Casinos Inc /Co/)
Duty to Mitigate. Nothing in this Agreement shall in any way restrict or limit the general obligation at Law law of an Indemnified Party to mitigate any Losses Loss which it may suffer or incur by reason of the breach by an Indemnifying Party of any representation, warranty, agreement representation or warranty or the breach of any covenant of the Indemnifying Party under this Agreementhereunder.
Appears in 1 contract
Samples: Share Purchase Agreement (Internap Network Services Corp)
Duty to Mitigate. Nothing in this Agreement shall in any way restrict or limit the general obligation at Law of any duty imposed on an Indemnified Party under applicable Law to mitigate any Losses Loss which it may suffer or incur by reason of the breach by an Indemnifying Party of any representation, warranty, agreement warranty or covenant being covered by the indemnification of the an Indemnifying Party under this Agreementhereunder.
Appears in 1 contract
Duty to Mitigate. Nothing in this Agreement shall in any way restrict or limit the general obligation at Law law of an Indemnified Party to mitigate any Losses which that it may suffer or incur by reason of the breach by an Indemnifying Party of any representation, warranty, agreement warranty or covenant of the Indemnifying Party under this Agreementhereunder.
Appears in 1 contract
Duty to Mitigate. Nothing in this Agreement shall in any way restrict or limit be construed to relieve the general obligation at Law of an Indemnified Party from its duty, if any, under law to mitigate any Losses which it may suffer or incur by reason of otherwise act reasonably upon the breach by an Indemnifying Party occurrence of any representation, warranty, agreement event giving rise to any claim or covenant of the Indemnifying Party under this AgreementLosses.
Appears in 1 contract
Samples: Purchase Agreement (American CareSource Holdings, Inc.)
Duty to Mitigate. Nothing in this Agreement shall in any way restrict restricts or limit limits the general obligation at Law law of an Indemnified Party to mitigate any Losses which it may suffer or incur by reason of the breach by of an Indemnifying Party of any representation, warranty, agreement covenant, or covenant obligation of the Indemnifying Party under this Agreement.
Appears in 1 contract
Samples: Arrangement Agreement (Marizyme Inc)
Duty to Mitigate. Nothing in this Agreement shall in any way restrict or limit the general obligation at Law law of an Indemnified Party to mitigate any Losses which it may suffer or incur by reason of the breach by an Indemnifying Party of any representation, warranty, agreement or covenant of the Indemnifying Party under this Agreement.
Appears in 1 contract
Duty to Mitigate. Nothing in this Agreement shall in any way restrict restricts or limit limits the general obligation at Law of an any Indemnified Party to mitigate any Losses Damages which it may suffer or incur by reason of the breach by an Indemnifying Party breach, inaccuracy or failed performance of any representation, warranty, agreement covenant or covenant obligation of the Indemnifying a Party under this Agreementhereunder.
Appears in 1 contract
Duty to Mitigate. Nothing in this Agreement shall in any way restrict or limit the general obligation at Law of an Indemnified Party to mitigate any Losses damages which it may suffer or incur by reason of the breach by an Indemnifying Party of any representation, warranty, agreement warranty or covenant of the Indemnifying Party or the Company under this Agreement.
Appears in 1 contract
Samples: Share Purchase Agreement (Magal Security Systems LTD)
Duty to Mitigate. Nothing in this Agreement shall in any way restrict restricts or limit limits the general obligation at Law law of an Indemnified Party to mitigate any Losses loss which it may suffer or incur by reason of the breach by an Indemnifying Party of any representation, warranty, agreement covenant or covenant obligation of the Indemnifying Party under this Agreement. The amount of any Losses recoverable by an Indemnified Party shall be reduced by the amount of insurance proceeds actually recovered by the Indemnified Party.
Appears in 1 contract
Duty to Mitigate. Nothing in this Agreement shall in any way restrict or limit the general obligation at Law law of an Indemnified a Party to mitigate any Losses which Damages that it may suffer or incur by reason of the breach by an Indemnifying the other Party of any representation, warranty, agreement warranty or covenant of the Indemnifying that other Party under this Agreement.
Appears in 1 contract
Duty to Mitigate. Nothing in this Agreement shall in any way restrict restricts or limit limits the general obligation at under Applicable Law of an Indemnified Party to take reasonable steps to mitigate any Losses Damages which it may suffer or incur by reason of the breach by an Indemnifying Party or failure to perform of any representation, warranty, agreement covenant or covenant obligation of the Indemnifying Party under this Agreement.
Appears in 1 contract
Samples: Transaction Agreement and Plan of Merger (Livent Corp.)