Common use of SETOFFS AND COUNTERCLAIMS Clause in Contracts

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

SETOFFS AND COUNTERCLAIMS. Without limiting Guarantor’s 's own defenses and rights hereunder, Guarantor reserves to itself all rights, setoffs, counterclaims and other defenses to which Counterparty Debtor or any other affiliate of Guarantor is or may be entitled to, relating to or arising from or out of the Contract Agreements or otherwise, except for defenses relating to, arising from or out of the bankruptcy, insolvency, dissolution or liquidation of CounterpartyDebtor.

SETOFFS AND COUNTERCLAIMS. Without limiting Guarantor’s 's own defenses and rights hereunder, Guarantor reserves to itself all rights, setoffs, counterclaims and other defenses to which Counterparty Company or any other affiliate of Guarantor is or may be entitled to arising from or out of the Contract Agreement or otherwise, except for defenses arising out of the bankruptcy, insolvency, dissolution or liquidation of CounterpartyCompany.

SETOFFS AND COUNTERCLAIMS. Without limiting Guarantor’s own defenses and rights hereunder, Guarantor reserves to itself all rights, setoffs, counterclaims and other defenses to which Counterparty or any other affiliate of Guarantor is or may be entitled to arising from or out of the Contract Contracts or otherwise, except for defenses arising out of the bankruptcy, insolvency, dissolution or liquidation of Counterparty.

SETOFFS AND COUNTERCLAIMS. Without limiting Guarantor’s own defenses and rights hereunder, Guarantor reserves to itself all rights, setoffs, counterclaims and other defenses to which Counterparty or any other affiliate of Guarantor is or may be entitled to arising from or out of the Contract Agreements or otherwise, except for defenses arising out of the bankruptcy, insolvency, dissolution or liquidation of CounterpartyCounterparty or the lack of power or authority of Counterparty to enter into and/or perform the Agreements.

SETOFFS AND COUNTERCLAIMS. Without limiting Guarantor’s own defenses and rights hereunder, Guarantor reserves to itself waives all rights, setoffs, counterclaims and other defenses to which Counterparty Company or any other affiliate of Guarantor is or may be entitled to arising from or out of the Contract Agreement or otherwise, except for defenses arising out of the bankruptcy, insolvency, dissolution or liquidation of CounterpartyCompany.

SETOFFS AND COUNTERCLAIMS. Without limiting Guarantor’s 's own defenses and rights hereunder, Guarantor reserves to itself all rights, setoffs, counterclaims and other defenses to which Counterparty or any other affiliate of Guarantor Company is or may be entitled to arising from or out of the Contract or otherwiseAgreements, except for defenses arising out of the bankruptcy, insolvency, dissolution dissolution, or liquidation liquidation, bankruptcy or lack of Counterpartycapacity of Company.

SETOFFS AND COUNTERCLAIMS. Without limiting Guarantor’s 's own defenses and rights hereunder, Guarantor reserves to itself all rights, setoffs, counterclaims and other defenses to which Counterparty Company or any other affiliate subsidiary of Guarantor is or may be entitled to arising from or out of the Contract or otherwise, except for defenses arising out of the bankruptcy, insolvency, dissolution or liquidation of CounterpartyCompany.

SETOFFS AND COUNTERCLAIMS. Without limiting Guarantor’s 's own defenses and rights hereunder, Guarantor reserves to itself all rights, setoffs, counterclaims counterclaims, and other defenses to which Counterparty NewPower, or any other affiliate of Guarantor that becomes a party to the Contract, is or may be entitled to arising from or out of the Contract or otherwise, except for defenses arising out of the bankruptcy, insolvency, dissolution dissolution, or liquidation of CounterpartyNewPower.

SETOFFS AND COUNTERCLAIMS. Without limiting Guarantor’s 's own defenses and rights hereunder, Guarantor reserves to itself all rights, setoffs, counterclaims and other defenses to which Counterparty Company or any other affiliate of Guarantor is or may be entitled to arising from or out of the Contract Agreements or otherwise, except for defenses arising out of the bankruptcy, insolvency, dissolution or liquidation of CounterpartyCompany.

SETOFFS AND COUNTERCLAIMS. Without limiting Guarantor’s 's own defenses and rights hereunder, Guarantor reserves to itself all rights, setoffs, counterclaims and other defenses to which Counterparty Guaranteed Party or any other affiliate of Guarantor is or may be entitled to arising from or out of the Contract Contracts or otherwise, except for defenses arising out of the bankruptcy, insolvency, dissolution or liquidation of CounterpartyGuaranteed Party.

SETOFFS AND COUNTERCLAIMS. Without Except to the extent provided to the contrary in paragraph (b) of Section 1, and without limiting Guarantor’s own defenses and rights hereunder, Guarantor reserves to itself all rights, setoffs, counterclaims and other defenses to which Counterparty Company or any other affiliate of Guarantor is or may be entitled to arising from or out of the Contract Agreement or otherwise, except for defenses arising out of the bankruptcy, insolvency, dissolution or liquidation of CounterpartyCompany.

SETOFFS AND COUNTERCLAIMS. Without limiting Guarantor’s 's own defenses and rights hereunder, Guarantor reserves to itself all rights, setoffs, counterclaims and other defenses to which Counterparty or any other affiliate of Guarantor is or may be entitled to arising from or out of the Contract or otherwise, except for defenses arising out of the bankruptcy, insolvency, dissolution or liquidation of Counterparty.

SETOFFS AND COUNTERCLAIMS. Without limiting Guarantor’s own defenses and rights hereunder, Guarantor reserves to itself all rights, setoffs, counterclaims and other defenses to which Counterparty Customer or any other affiliate of Guarantor is or may be entitled to arising from or out of the Contract or otherwiseto, except for defenses arising out of the bankruptcy, insolvency, dissolution or liquidation of CounterpartyCustomer.

SETOFFS AND COUNTERCLAIMS. Without limiting Guarantor’s 's own defenses and rights hereunder, Guarantor reserves to itself all rights, setoffs, counterclaims and other defenses to which Counterparty or any other affiliate of Guarantor is or the Company may be entitled to arising from or out of the Contract Joint Development Agreement or otherwisethe Project LLC Agreement, except for defenses arising out of the bankruptcy, insolvency, dissolution dissolution, liquidation, reorganization or liquidation of Counterpartyother similar proceeding relating to the Company.