No Counterclaim or Setoff Clause Samples
The "No Counterclaim or Setoff" clause prohibits a party from reducing or withholding payments or obligations by asserting counterclaims or setoffs against the other party. In practice, this means that if one party believes they are owed money or have a claim against the other, they must fulfill their own payment obligations in full and pursue their claims separately, rather than deducting amounts from what they owe. This clause ensures that payment flows remain uninterrupted and disputes do not delay or diminish contractual payments, thereby providing certainty and stability in financial transactions.
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No Counterclaim or Setoff. If the Port shall commence any proceeding for non-payment of Rent, fees or of any other payment of any kind to which the Port may be entitled or which the Port may claim under this Lease, Tenant will not interpose any counterclaim or setoff of any nature or description in any such proceeding; the parties specifically agreeing the Tenant’s covenant to pay Rent, fees or any other payments under this Lease are independent of all other covenants and agreements in this Lease; provided, however, this shall not be construed as a waiver of ▇▇▇▇▇▇’s right to assert such a claim in any separate action brought by Tenant.
No Counterclaim or Setoff. If the Port shall commence any proceeding for non- payment of Rent, fees or of any other payment of any kind to which the Port may be entitled or which the Port may claim under this Agreement, Lessee will not interpose any counterclaim or setoff of any nature or description in any such proceeding; the parties specifically agreeing the Lessee’s covenant to pay Rent, fees or any other payments under this Agreement are independent of all other covenants and agreements in this Agreement; provided, however, this shall not be construed as a waiver of Lessee’s right to assert such a claim in any separate action brought by Lessee.
No Counterclaim or Setoff. If the Port shall commence any proceeding for non- payment of Licensee Fee or of any other payment of any kind to which the Port may be entitled or which the Port may claim under this Agreement, Licensee will not interpose any counterclaim or setoff of any nature or description in any such proceeding; the parties specifically agreeing the Licensee’s covenant to pay Licensee Fees or any other payments under this Agreement are independent of all other covenants and agreements in this Agreement; provided, however, this shall not be construed as a waiver of Licensee’s right to assert such a claim in any separate action brought by Licensee.