Common use of Buyer’s Right of Setoff Clause in Contracts

Buyer’s Right of Setoff. In addition to any right now or hereafter granted under applicable law and not by way of limitation of any such rights, each Buyer shall have the right at any time or from time to time without notice to Seller or to any other Person, any such notice being hereby expressly waived, to set off against any amount due Seller from such Buyer under this Agreement or otherwise any amount due such Buyer from Seller under this Agreement or otherwise, including any amounts due as a result of any breach of this Agreement or any other obligation if and to the extent paid in the first instance by such Buyer.

Appears in 2 contracts

Samples: Sb 859 Purchase Agreement, Power Purchase Agreement

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Buyer’s Right of Setoff. In addition to any right now or hereafter granted under applicable law and not by way of limitation of any such rights, each Buyer shall have the right at any time or from time to time without notice to Seller or to any other Person, any such notice being hereby expressly waived, to set off against any amount due to Seller from such Buyer under this Agreement or otherwise any amount due such to Buyer from Seller under this Agreement or otherwise, including any amounts due as a result because of any breach of this Agreement or any other obligation and any costs payable by Seller if and to the extent paid in the first instance by such BuyerXxxxx.

Appears in 2 contracts

Samples: Offer Power Purchase Agreement, Offer Power Purchase Agreement

Buyer’s Right of Setoff. In addition to any right now or hereafter granted under applicable law and not by way of limitation of any such rights, each Buyer shall have the right at any time or from time to time without notice to Seller or to any other Person, any such notice being hereby expressly waived, to set off against any amount due Seller from such Buyer under this Agreement or otherwise any amount due such Buyer from Seller or any Seller Party under this Agreement or otherwiseAgreement, including any amounts due as a result because of any breach of this Agreement or any other obligation and any costs payable by Seller under Section 7.2 if and to the extent paid in the first instance by such Buyer.

Appears in 1 contract

Samples: Power Purchase Agreement

Buyer’s Right of Setoff. In addition to any right now or hereafter granted under applicable law and not by way of limitation of any such rights, each Buyer shall have the right at any time or from time to time without notice to Seller or to any other Person, any such notice being hereby expressly waived, to set off against any amount due Seller from such Buyer under this Agreement or otherwise any amount due such Buyer from Seller under this Agreement or otherwise, including any amounts due as a result because of any breach of this Agreement or any other obligation and any costs payable by Seller under Section 7.3 if and to the extent paid in the first instance by such Buyer.

Appears in 1 contract

Samples: Power Purchase Agreement

Buyer’s Right of Setoff. In addition to any right now or hereafter granted under applicable law and not by way of limitation of any such rights, each Buyer shall have the right at any time or from time to time without upon notice to Seller or to any other Person, any such notice being hereby expressly waived, to set off against any amount due Seller from such Buyer under this Agreement or otherwise any amount due such Buyer from Seller or any Seller Party under this Agreement or otherwise, including any amounts due as a result because of any breach of this Agreement or any other obligation and any costs payable by Seller under Section 7.3 if and to the extent paid in the first instance by such Buyer.

Appears in 1 contract

Samples: Power Purchase Agreement

Buyer’s Right of Setoff. In addition to any right now or hereafter granted under applicable law and not by way of limitation of any such rights, each Buyer shall have the right at any time or from time to time without notice to Seller or to any other Person, any such notice being hereby expressly waived, to set off against any amount due Seller from such Buyer under this Agreement or otherwise any amount due such Buyer from Seller under this Agreement or otherwise, including any amounts due as a result of any breach Default of this Agreement or any other obligation if and to the extent paid in the first instance by such BuyerXxxxx.

Appears in 1 contract

Samples: Power Purchase Agreement

Buyer’s Right of Setoff. In addition to any right now or hereafter granted under applicable law and not by way of limitation of any such rights, each Buyer shall have the right at any time or from time to time time, without notice to Seller or to any other Person, any such notice being hereby expressly waived, to set off against any amount due Seller from such Buyer under this Agreement or otherwise Agreement, any amount due such Buyer from Seller under this Agreement or otherwiseAgreement, including but not limited to any amounts due as a result because of any breach of this Agreement or any other obligation and any costs payable by Seller under Section 10.3 if and to the extent paid in the first instance by such Buyer.

Appears in 1 contract

Samples: Power Purchase Agreement (First Wind Holdings Inc.)

Buyer’s Right of Setoff. In addition to any right now or hereafter granted under applicable law and not by way of limitation of any such rights, each Buyer shall have the right at any time or from time to time without notice to Seller or to any other Person, any such notice being hereby expressly waived, to set off against any amount due Seller or any Seller Party from such Buyer under this Agreement or otherwise any amount due such Buyer from Seller under this Agreement or otherwiseAgreement, including but not limited to any amounts due as a result because of any breach of this Agreement or any other obligation and any costs payable by Seller under Section 7.2 if and to the extent paid in the first instance by such Buyer.

Appears in 1 contract

Samples: Power Purchase Agreement

Buyer’s Right of Setoff. In addition to any right now or hereafter granted under applicable law and not by way of limitation of any ofany such rights, each Buyer shall have the right at any time or from time to time without notice to Seller or to any other Person, any such notice being hereby expressly waived, to set off against any amount due to Seller from such Buyer under this Agreement or otherwise any amount due such to Buyer from Seller under this Agreement or otherwise, including any amounts due as a result of any breach of this because ofbreach ofthis Agreement or any other obligation and any costs payable by Seller if and to the extent paid in the first instance by such Buyer.

Appears in 1 contract

Samples: Competitive Offer Power Purchase Agreement

Buyer’s Right of Setoff. In addition to any right now or hereafter granted under applicable law and not by way of limitation of any such rights, each Buyer shall have the right at any time or from time to time without notice to Seller or to any other Person, any such notice being hereby expressly waived, to set off against any amount due to Seller or Qualified Customer from such Buyer under this Agreement or otherwise any amount due such to Buyer from Seller or Qualified Customer under this Agreement or otherwise, including any amounts due as a result because of any breach of this Agreement or any other obligation and any costs payable by Seller if and to the extent paid in the first instance by such BuyerXxxxx.

Appears in 1 contract

Samples: Energy Metering Power Purchase Agreement

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Buyer’s Right of Setoff. In addition to any right now or hereafter granted under applicable law and not by way of limitation of any such rights, each Buyer shall have the right at any time or from time to time without notice to Seller or to any other Person, any such notice being hereby expressly waived, to set off against any amount due Seller from such Buyer under this Agreement or otherwise any amount due such Buyer from Seller under this Agreement or otherwise, including any amounts due as a result of any breach of this Agreement or any other obligation if and to the extent paid in the first instance by such BuyerXxxxx.

Appears in 1 contract

Samples: Power Purchase Agreement

Buyer’s Right of Setoff. In addition to any right now or hereafter granted under applicable law and not by way of limitation of any such rights, each Buyer shall have the right at any time or from time to time without notice to Seller or to any other Person, any such notice being hereby expressly waived, to set off against any amount due to Seller from such Buyer under this Agreement or otherwise any amount due such to Buyer from Seller under this Agreement or otherwise, including any amounts due as a result because of any breach of this Agreement or any other obligation and any costs payable by Seller if and to the extent paid in the first instance by such Buyer.

Appears in 1 contract

Samples: Competitive Offer Power Purchase Agreement

Buyer’s Right of Setoff. In addition to any right now or hereafter granted under applicable law and not by way of limitation of any such rights, each Buyer shall have the right at any time or from time to time without notice to Seller or to any other Person, any such notice being hereby expressly waived, to set off against any amount due Seller from such Buyer under this Agreement or otherwise any amount due such Buyer from Seller or any Seller Party under this Agreement or otherwiseAgreement, including any amounts due as a result because of any breach of this Agreement or any other obligation and any costs payable by Seller under Section 7.2 if and to the extent paid in the first instance by such BuyerXxxxx.

Appears in 1 contract

Samples: Power Purchase Agreement

Buyer’s Right of Setoff. In addition to any right now or hereafter granted under applicable law and not by way of limitation of any such rights, each Buyer shall have the right at any time or from time to time without notice to Seller or to any other Person, any such notice being hereby expressly waived, to set off against any amount due Seller from such Buyer under this Agreement or otherwise any amount due such Buyer from Seller under this Agreement or otherwise, including any amounts due as a result because of any breach of this Agreement or any other obligation if and to the extent paid in the first instance by such Buyer.

Appears in 1 contract

Samples: Power Purchase Agreement

Buyer’s Right of Setoff. In addition to any right now or hereafter granted under applicable law and not by way of limitation of any such rights, each Buyer shall have the right at any time or from time to time without notice to Seller or to any other Person, any such notice being hereby expressly waived, to set off against any amount due Seller from such Buyer under this Agreement or otherwise any amount due such Buyer from Seller under this Agreement or otherwiseAgreement, including any amounts due as a result because of any breach of this Agreement or any other obligation if and to the extent paid in the first instance by such Buyer.

Appears in 1 contract

Samples: Power Purchase Agreement

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