Common use of Interest and Right of Set Off Clause in Contracts

Interest and Right of Set Off. Any sum which becomes payable under any of the provisions of this Agreement by one Party to the other Party shall, if the same is not paid within the time allowed for payment thereof, shall be deemed to be a debt owed by the Party responsible for payment thereof to the Party entitled to receive the same. Unless otherwise provided here in such sum shall until payment thereof, unless specifically provided under the relevant heads, carry interest at prevailing lending base rate for medium term loans of State Bank of India per annum plus 5% from the Due Date for payment thereof until the same is paid to or otherwise realized by the Party entitled to the same. Without prejudice to any other right or remedy that may be available under this Agreement or otherwise under law, the Party entitled to receive such amount shall also have the right of set off. Provided the stipulation regarding interest for delayed payments contained in this Article shall neither be deemed nor construed to authorise any delay in payment of any amount due by a Party nor be deemed or construed to be a waiver of the underlying breach of payment obligations.

Appears in 3 contracts

Samples: Concession Agreement, Concession Agreement, Concession Agreement

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Interest and Right of Set Off. Any sum which becomes payable under any of the provisions of this Agreement by one Party to the other Party shall, if the same is be not paid within the time allowed for payment thereof, shall be deemed to be a debt owed by the Party responsible for payment thereof to the Party entitled to receive the same. Unless otherwise provided here in such Such sum shall until payment thereof, unless specifically provided under the relevant heads, thereof carry interest at prevailing lending base rate for medium term loans prime lending rate of State Bank of India per annum plus 5% from the Due Date due date for payment thereof until the same is paid to or otherwise realized realised by the Party entitled to the same. Without prejudice to any other right or remedy that may be available under this Agreement or otherwise under law, the Party entitled to receive such amount shall also have the right of set off. Provided the stipulation regarding interest for delayed payments contained in this Article 20.1 shall neither be deemed nor construed to authorise any delay in payment of any amount due by a Party nor be deemed or construed to be a waiver of the underlying breach of payment obligations.

Appears in 2 contracts

Samples: Power Purchase Agreement, Power Purchase Agreement

Interest and Right of Set Off. Any sum which becomes payable under any of the provisions of this Agreement by one Party to the other Party shall, if the same is be not paid within the time allowed for payment thereof, shall be deemed to be a debt owed by the Party responsible for payment thereof to the Party entitled to receive the same. Unless otherwise provided here in such Such sum shall until payment thereof, unless specifically provided under the relevant heads, thereof carry interest at the prevailing lending base rate for medium term loans prime lending rate of the State Bank of India plus 2% per annum plus 5% from the Due Date due date for payment thereof until the same is paid to or otherwise realized realised by the Party entitled to the same. Without prejudice to any other right or remedy that may be available under this Agreement or otherwise under law, the Party entitled to receive such amount shall also have the right of set off. Provided the stipulation regarding interest for delayed payments contained in this Article 16.1 shall neither be deemed nor or construed to authorise any delay in payment of any amount due by a Party nor be deemed or construed to be a waiver of the underlying breach of payment obligations.

Appears in 2 contracts

Samples: Development Agreement, Development Agreement

Interest and Right of Set Off. The Parties hereto agree that payments due from one Party to the other Party under the provisions of this Agreement shall be made within the period set forth therein, and if no such period is specified, within 15 (fifteen) days of receiving a demand along with the necessary particulars. Any sum which becomes is due and payable under any of the provisions of this Agreement by one Party party to the other Party shall, if the same is not paid within the time allowed for payment thereof, shall be deemed to be a debt owed by the Party responsible for such payment thereof to the Party entitled to receive the same. Unless otherwise provided here in such Such sum shall until payment thereof, unless specifically provided under the relevant heads, thereof carry interest at prevailing lending base the rate for medium term loans specified herein, an if not specified at the rate of State Bank of India 18 % per annum plus 5% annum, from the Due Date for payment thereof due date and until the same is paid to date of payment or otherwise realized realisation thereof by the Party entitled to receive the same. Without prejudice to any other right or remedy that may be available under this Agreement or otherwise under law, the Party entitled to receive such amount shall also have the right of set off. Provided the stipulation regarding this provision for payment of interest for delayed payments contained in this Article payment shall neither not be deemed nor or construed to (i) authorise any delay in payment of any amount due by a Party nor be deemed party or construed to (ii) be a waiver of the underlying breach of the payment obligations.

Appears in 2 contracts

Samples: Development Agreement, Development Agreement

Interest and Right of Set Off. Any sum which becomes payable under any of the provisions of this Agreement by one Party to the other Party and which is not covered in LPS rule shall, if the same is be not paid within the time allowed for payment thereof, shall be deemed to be a debt owed by the Party responsible for payment thereof to the Party entitled to receive the same. Unless otherwise provided here in such Such sum shall until payment thereof, unless specifically provided under the relevant heads, thereof carry interest at prevailing lending base rate for medium term loans prime lending rate of State Bank of India per annum plus 5% from the Due Date due date for payment thereof until the same is paid to or otherwise realized authorized by the Party entitled to the same. Without prejudice to any other right or remedy that may be available under this Agreement or otherwise under law, the Party entitled to receive such amount shall also have the right of set off. Provided the stipulation regarding interest for delayed payments contained in this Article 20 shall neither be deemed nor construed to authorise authorize any delay in payment of any amount due by a Party nor be deemed or construed to be a waiver of the underlying breach of payment obligations.

Appears in 2 contracts

Samples: Pumped Hydro Energy Storage Facility Agreement, Pumped Hydro Energy Storage Facility Agreement

Interest and Right of Set Off. Any sum which becomes payable under any of the provisions of this Agreement by one Party to the other Party shall, if the same is not paid within the time allowed for payment thereof, shall be deemed to be a debt owed by the Party responsible for payment thereof to the Party entitled to receive the same. Unless otherwise provided here in such sum shall until payment thereof, unless specifically provided under the relevant heads, carry interest at prevailing lending base rate for medium term loans of State Bank of India per annum plus 5% from the Due Date for payment thereof until the same is paid to or otherwise realized by the Party entitled to the same. Without prejudice to any other right or remedy that may be available under this Agreement or otherwise under law, the Party entitled to receive such amount shall also have the right of set off. Provided the stipulation regarding interest for delayed payments contained in this Article shall neither be deemed nor construed to authorise authorize any delay in payment of any amount due by a Party nor be deemed or construed to be a waiver of the underlying breach of payment obligations.

Appears in 1 contract

Samples: Concession Agreement

Interest and Right of Set Off. Any sum which becomes payable under any of the provisions of this Agreement by one Party to the other Party shall, if the same is be not paid within the time allowed for payment thereof, shall be deemed to be a debt owed by the Party responsible for payment thereof to the Party entitled to receive the same. Unless otherwise provided here in such Such sum shall until payment thereof, unless specifically provided under the relevant heads, thereof carry interest at prevailing lending base rate for medium term loans prime lending rate of State Bank of India per annum plus 5% from the Due Date due date for payment thereof until the same is paid to or otherwise realized by the Party entitled to the same. Without prejudice to any other right or remedy that may be available under this Agreement or otherwise under law, the Party entitled to receive such amount shall also have the right of set off. Provided the stipulation regarding interest for delayed payments contained in this Article Clause 24.1 shall neither be deemed nor construed to authorise authorize any delay in payment of any amount due by a Party nor be deemed or construed to be a waiver of the underlying breach of payment obligations.

Appears in 1 contract

Samples: Project Development and Implementation Agreement

Interest and Right of Set Off. Any sum which becomes payable under any of the provisions of this Agreement by one Party to the other Party shall, if the same is be not paid within the time allowed for payment thereof, shall be deemed to be a debt owed by the Party responsible for payment thereof to the Party entitled to receive the same. Unless otherwise provided here in such Such sum shall until payment thereof, unless specifically provided under the relevant heads, carry interest at prevailing lending base rate for medium term loans of State Bank of India – Prime Lending Rate plus 2% per annum plus 5% (a rate at which the bank ordinarily lends money to its best corporate customers) from the Due Date due date for payment thereof until the same is paid to or otherwise realized realised by the Party entitled to the same. Without prejudice to any other right or remedy that may be available under this Agreement or otherwise under law, the Party entitled to receive such amount shall also have the right of set off. Provided the stipulation regarding interest for delayed payments contained in this Article clause shall neither be deemed nor construed to authorise any delay in payment of any amount due by a Party nor be deemed or construed to be a waiver of the underlying breach of payment obligations.

Appears in 1 contract

Samples: Concession Agreement

Interest and Right of Set Off. Any sum which becomes payable under any of the provisions of this Agreement by one Party to the other Party shall, if the same is be not paid within the time allowed for payment thereof, shall be deemed to be a debt owed by the Party responsible for payment thereof to the Party entitled to receive the same. Unless otherwise provided here in such Such sum shall until payment thereof, unless specifically provided under the relevant heads, thereof carry interest at prevailing prime lending base rate for medium term loans of State Bank of India per annum plus 5% from the Due Date due date for payment thereof until the same is paid to or otherwise realized realised by the Party entitled to the same. Without prejudice to any other right or remedy that may be available under this Agreement or otherwise under law, the Party entitled to receive such amount shall also have the right of set off. Provided the stipulation stipulating regarding interest for delayed payments contained in this Article 13.2 shall neither be deemed nor construed to authorise any delay in payment of any amount due by a Party nor be deemed or construed to be a waiver of the underlying breach of payment obligations.

Appears in 1 contract

Samples: Lease Agreement

Interest and Right of Set Off. Any sum which becomes payable under any of the provisions of this Agreement by one Party to the other Party shall, if the same is be not paid within the time allowed for payment thereof, shall be deemed to be a debt owed by the Party responsible for payment thereof to the Party entitled to receive the same. Unless otherwise provided here in such Such sum shall until payment thereof, unless specifically provided under the relevant heads, thereof carry interest at prevailing lending base rate for medium term loans prime lending rate of State Bank of India per annum plus 5% from the Due Date due date for payment thereof until the same is paid to or otherwise realized authorized by the Party entitled to the same. Without prejudice to any other right or remedy that may be available under this Agreement or otherwise under law, the Party entitled to receive such amount shall also have the right of set off. Provided the stipulation regarding interest for delayed payments contained in this Article Article 20.1 shall neither be deemed nor construed to authorise authorize any delay in payment of any amount due by a Party nor be deemed or construed to be a waiver of the underlying breach of payment obligations.

Appears in 1 contract

Samples: Pumped Hydro Storage Power Procurement Agreement

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Interest and Right of Set Off. Any sum which becomes payable under any of the provisions of this Agreement by one Party to the other Party shall, if the same is be not paid within the time allowed for payment thereof, shall be deemed to be a debt owed by the Party responsible for payment thereof to the Party entitled to receive the same. Unless otherwise provided here in such Such sum shall until payment thereof, unless specifically provided under the relevant heads, thereof carry interest at prevailing prime lending base rate for medium term loans of State Bank of India per annum plus 5% from the Due Date due date for payment thereof until the same is paid to or otherwise realized realised by the Party entitled to the same. Without prejudice to any other right or remedy that may be available under this Agreement or otherwise under law, the Party entitled to receive such amount shall also have the right of set off. Provided the stipulation stipulating regarding interest for delayed payments contained in this Article 13.2 shall neither be deemed nor or construed to authorise any delay in payment of any amount due by a Party nor be deemed or construed to be a waiver of the underlying breach of payment obligations.

Appears in 1 contract

Samples: Licence Agreement

Interest and Right of Set Off. Any sum which becomes payable under any of the provisions of this Agreement by one Party to the other Party shall, if the same is be not paid within the time allowed for payment thereof, shall be deemed to be a debt owed by the Party responsible for payment thereof to the Party entitled to receive the same. Unless otherwise provided here in such Such sum shall until payment thereof, unless specifically provided under the relevant heads, thereof carry interest at prevailing prime lending base rate for medium term loans of State Bank of India per annum plus 5% BNNum from the Due Date due date for payment thereof until the same is paid to or otherwise realized realised by the Party entitled to the same, however, subject to other payment clauses in this contract. Without prejudice to any other right or remedy that may be available under this Agreement or otherwise under law, the Party entitled to receive such amount shall also have the right of set off. Provided the stipulation regarding interest for delayed payments contained in this Article agreement shall neither be deemed nor or construed to authorise any delay in payment of any amount due by a Party nor be deemed or construed to be a waiver of the underlying breach of payment obligations.

Appears in 1 contract

Samples: Concession Agreement

Interest and Right of Set Off. ­‐ Any sum which becomes payable under any of the provisions of this Concession Agreement by one Party to the other Party shall, if the same is be not paid within the time allowed for payment thereof, shall be deemed to be a debt owed by the Party responsible for payment thereof to the Party entitled to receive the same. Unless otherwise provided here in such Such sum shall until payment thereof, unless specifically provided under the relevant heads, thereof carry interest at prevailing prime lending base rate for medium term loans of State Bank of India plus 2% per annum plus 5% from the Due Date due date for payment thereof until the same is paid to or otherwise realized by the Party entitled to the same. Without prejudice to any other right or remedy that may be available under this Concession Agreement or otherwise under law, the Party entitled to receive such amount shall also have the right of set off. Provided the stipulation regarding interest for delayed payments contained in this Article 14.3 shall neither be deemed nor construed to authorise authorize any delay in payment of any amount due by a Party nor be deemed or construed to be a waiver of the underlying breach of payment obligations.

Appears in 1 contract

Samples: Waste Concession Agreement & Land Lease Agreement

Interest and Right of Set Off. Any sum which becomes payable under any of the provisions of this Agreement by one 1 (one) Party to the other Party shall, if the same is be not paid within the time allowed for payment thereof, shall be deemed to be a debt owed by the Party responsible for payment thereof to the Party entitled to receive the same. Unless otherwise provided here in such Such sum shall until payment thereof, unless specifically provided under the relevant heads, thereof carry interest at prevailing lending base rate for medium term loans of [State Bank of India per annum base rate plus 53% (three percent)] from the Due Date due date for payment thereof until the same is paid to or otherwise realized realised by the Party entitled to the same. Without prejudice to any other right or remedy that may be available under this Agreement or otherwise under law, the Party entitled to receive such amount shall also have the right of set off. Provided the stipulation regarding interest for delayed payments contained in this Article 27.1 shall neither be deemed nor construed to authorise any delay in payment of any amount due by a Party nor be deemed or construed to be a waiver of the underlying breach of payment obligations.

Appears in 1 contract

Samples: Coal Mine Development and Production Agreement

Interest and Right of Set Off. a. Any sum which becomes payable under any of the provisions of this Agreement by one Party to the other Party shall, if the same is be not paid within the time allowed for payment thereof, shall be deemed to be a debt owed by the Party responsible for payment thereof to the Party entitled to receive the same. Unless otherwise provided here in such Such sum shall until payment thereof, unless specifically provided under the relevant heads, thereof carry interest at prevailing lending base rate for medium term loans prime lending rate of State Bank of India per annum plus 52% from the Due Date due date for payment thereof until the same is paid to or otherwise realized realised by the Party entitled to the same. Without prejudice to any other right or remedy that may be available under this Agreement or otherwise under law, the Party entitled to receive such amount shall also have the right of set off. . b. Provided the stipulation regarding interest for delayed payments contained in this Article 16.2 shall neither be deemed nor construed to authorise any delay in payment of any amount due by a Party nor be deemed or construed to be a waiver of the underlying breach of payment obligations.

Appears in 1 contract

Samples: Concession Agreement

Interest and Right of Set Off. Any sum which becomes payable under any of the provisions of this Agreement by one Party to the other Party shall, if the same is be not paid within the time allowed for payment thereof, shall be deemed to be a debt owed by the Party responsible for payment thereof to the Party entitled to receive the same. Unless otherwise provided here in such Such sum shall until payment thereof, unless specifically provided under the relevant heads, thereof carry interest at prevailing prime lending base rate for medium term loans of State Reserve Bank of India per annum plus 5% from the Due Date due date for payment thereof until the same is paid to or otherwise realized realised by the Party entitled to the same. Without prejudice Prejudice to any other right or remedy that may be available under this Agreement or and otherwise under law, the Party entitled to receive such amount shall also have the right of to set offoff the entire amount(s) against any payment due from it to the other Party. Provided the stipulation regarding interest for delayed payments contained in this Article 13.2 shall neither be deemed nor construed to authorise authorize any delay in payment of any amount due by a Party nor be deemed or construed to be a waiver of the underlying breach of payment obligations.

Appears in 1 contract

Samples: Concession Agreement

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