Recoupment and Setoff Sample Clauses

Recoupment and Setoff. Any right to recoup from or offset against any of the Guaranteed Obligations any claim that may be held or asserted by or available to (i) the Borrower or any other Guarantor or any other Person liable for any of the Guaranteed Obligations against any Holder of Guaranteed Obligations or (ii) any Guarantor against the Borrower, any other Guarantor, any other Holder of Guaranteed Obligations or any other Person; and
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Recoupment and Setoff. Contractor may deduct from any amounts due or to become due Subcontractor on this Project any sum or sums owed by Subcontractor to Contractor for this Project or any sum or sums owed by Subcontractor to Contractor on any other project; and in the event of any breach by Subcontractor of any provision or obligations of this Subcontract, or in the event of the assertion by other parties of any claim or lien against Contractor or the premises arising out of Subcontractor’s performance of Subcontractor’s Work, or otherwise, Contractor shall have the right to retain out of any payments due or to become due to Subcontractor 150% of the amount sufficient to completely protect Contractor from any and all loss, damage or expense therefrom, until the situation has been satisfactorily remedied or adjusted by Subcontractor.
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Recoupment and Setoff. Upon termination of this Agreement or the Management Agreement any claim of Lakes or Great Lakes against the Band, or of the Band against Lakes or Great Lakes, shall be subject to their respective rights of recoupment and setoff, if any. The Band may recoup and set off against Great Lakes any claims it may have against Lakes, and may recoup and set off against Lakes any claims it may have against Great Lakes.
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Recoupment and Setoff. MENTOM shall have the right to setoff and recoup the Fees and other amounts owed to MENTOM by Client under this Agreement against any funds credited to or owing to Client. MENTOM may exercise this right of setoff and recoupment at any time and without notice to Client whether or not the obligations of Client are due by setting off against or recouping from: (a) any amounts MENTOM may owe Client under this Agreement or any other agreement; and (b) any funds in the Reserve Account. In the event such set off or recoupment does not fully reimburse MENTOM for the amount owed, Client shall immediately pay MENTOM such amount. Client shall hold harmless financial institutions that follow MENTOM’ request pursuant to this Section. MENTOM acknowledges that in the event of a bankruptcy proceeding, in order to provide adequate protection under the Bankruptcy Code to MENTOM, Client must create or maintain the Reserve Account as required by MENTOM, and MENTOM must have the right to offset against the Reserve Account for any and all obligations which Client may owe to MENTOM, without regard to whether the obligations relate to credit and/or debit entries initiated or created before or after the filing of the of the bankruptcy petition. As security for the obligations of Client to MENTOM, Client hereby grants MENTOM a security interest in all money, instruments and other property of Client that may now or hereafter be held by MENTOM.
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Related to Recoupment and Setoff

  • Set-off and Recoupment The cash, investment property, security, instrument or other financial assets credited to a Collateral Account will not be subject to deduction, set-off, recoupment, banker’s lien, or other right in favor of a Person other than the Secured Party. However, the Financial Institution may set off (a) the customary fees and expenses for the routine maintenance and operation of the Collateral Account due to the Financial Institution, (b) the face amount of checks credited to the Collateral Account but subsequently returned unpaid due to uncollected or insufficient funds and (c) advances made to settle an investment of funds in the Collateral Account.

  • Recoupment DHA shall have the authority to suspend claims processing or seek recoupment of claims previously paid as specified under the provisions of the Federal Claims Collection Act (31 USC 3701 et seq.), the Federal Medical Care Recovery Act (42 USC 2651-2653), and 32 CFR 199.14. ARTICLE 14

  • SETOFFS AND COUNTERCLAIMS Without limiting the Guarantor’s own defenses and rights hereunder, the Guarantor reserves to itself all rights, setoffs, counterclaims and other defenses to which the SSO Supplier is or may be entitled arising from or out of the Agreement, except for defenses arising out of bankruptcy, insolvency, dissolution or liquidation of the SSO Supplier.

  • No Setoffs or Counterclaims Make payments hereunder and under the other Loan Documents by or on behalf of Borrower without setoff or counterclaim and free and clear of, and without deduction or withholding for or on account of, any federal, state, or local taxes.

  • Set-off and counterclaim All payments made by the Borrower under this Agreement shall be made without set-off or counterclaim.