WebJul 4, 2024 · Duty to defend details. A contractual duty to defend is an obligation whereby one party, in this instance, design professionals, agree to defend another party, generally an owner or developer against a covered third-party claim, thus incurring attorney’s fees and costs. This duty arises at the beginning of litigation – upon a client’s ... Webof the duty to mitigate. The duty to mit-igate can be an affirmative defense used by a tenant when a cause of action is brought against him. Courts will often rule a tenant “waived” the defense of the duty to mitigate by not pleading it. See, e.g., Stein v. Spainhour, 521 N.E.2d 641, 644 (Ill. App. Ct. 1988).
Trends in M&A Provisions: Damage Mitigation Provisions
Webduty to mitigate as a lost volume seller and, even if it had a duty to mitigate, it made all reasonable attempts to do so); ... damages despite the enforcement of a liquidated damages clause, especially when mitigation is simple and easy to calculate.13 After 7. NPS, LLC, 886 N.E.2d at 675. A “holding” is defined as “[a] court’s ... WebThe real issue is whether the parties desire to codify, through the damage mitigation provision, the common law duty to mitigate (or some version of the duty) in clear language that the parties are likely to understand. That damage mitigation provision may or may not exactly mirror the common law duty to mitigate already applicable to the parties. gail ishmael lawrence ks
Contractual indemnities - drafting effective clauses
WebMitigation. Any party entitled to indemnification under this agreement shall use reasonable efforts to mitigate all losses (other than matters concerning Taxes) after becoming aware of any event which could reasonably be expected to give rise to any losses that are indemnifiable or recoverable under this agreement. WebApr 19, 2024 · An indemnity clause is a promise by one party (the indemnifying party) to be responsible for and cover the loss of the other party (the indemnified party) in circumstances where it would be unfair for the indemnified party to bear the loss. In this way, an indemnity clause is a risk management tool. WebJun 4, 2012 · A sue and labor clause imposes on an insured the duty to act when a loss occurs to preserve or protect insured property from further damage, and typically provides that reasonably necessary expenses are to be considered incurred at the insurer’s request. gailj64 hotmail.com