Set-Off; Recoupment. (i) In the event that A&P fails to pay any undisputed amounts due under this Agreement, C&S may set-off or recoup such amounts due against any amounts due by C&S to A&P under this Agreement. C&S may determine the application of any monies received from A&P against amounts owed to it by A&P. (ii) In the event that C&S fails to pay, or to credit, to A&P any undisputed amounts due A&P under this Agreement, A&P may set-off or recoup such amounts due against any amounts due from A&P to C&S.
Appears in 2 contracts
Sources: Supply, Distribution and Related Services Agreement (Great Atlantic & Pacific Tea Co Inc), Supply, Distribution and Related Services Agreement (Great Atlantic & Pacific Tea Co Inc)