Common use of Netting and Setoff Clause in Contracts

Netting and Setoff. All payments under this Agreement shall be netted, and the Party owing the greater aggregate amount shall pay to the other Party any difference between the amounts owed. Each Party reserves all rights, setoffs, counterclaims and other remedies and defenses (to the extent not expressly herein or therein waived or denied) that such Party has or to which such Party may be entitled arising from or out of this Agreement or such other written agreement. Further, if the Buyer incurs any costs or charges that are the responsibility of Seller under this Agreement, such costs or charges may, at the Buyer’s election, be netted against any amount due to Seller under this Agreement. All outstanding obligations to make payment under this Agreement may be netted against each other, set off or recouped therefrom.

Appears in 8 contracts

Samples: Purchase and Sale Agreement, Master Certificate Purchase Agreement, Master Certificate Purchase Agreement

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