Common use of No Limitation of Other Rights; Set-Off Clause in Contracts

No Limitation of Other Rights; Set-Off. The Non-Defaulting Party's rights under this Section 8 shall be in addition to, and not in limitation or exclusion of, any other rights which the Non-Defaulting Party may have (whether by agreement, operation of law or otherwise), and, to the extent not prohibited by law, the Non-Defaulting Party shall have a general right of set-off with respect to all amounts owed by each Party to the other Party, whether due and payable or not due and payable (provided that any amount not due and payable at the time of such set-off shall, if appropriate, be discounted to present value in a commercially reasonable manner by the Non-Defaulting Party). The Non-Defaulting Party's rights under this Section 8.8 are subject to Section 8.7.

Appears in 28 contracts

Samples: Foreign Exchange and Options Master Agreement (Morgan Stanley Portfolio Strategy Fund L.P.), Foreign Exchange and Options Master Agreement (Witter Dean Spectrum Strategic Lp), Foreign Exchange and Options Master Agreement (Morgan Stanley Spectrum Currency Lp)

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No Limitation of Other Rights; Set-Off. The Non-Defaulting Party's rights under this Section 8 5 shall be in addition to, and not in limitation or exclusion of, any other rights which the Non-Defaulting Party may have (whether by agreement, operation of law or otherwise), and, to the extent not prohibited by law, the Non-Defaulting Party shall have a general right of set-off with respect to all amounts owed by each Party to the other Party, whether due and payable or not due and payable (provided that any amount not due and payable at the time of such set-off shall, if appropriate, be discounted to present value in a commercially reasonable manner by the Non-Defaulting Party). The Non-Defaulting Party's rights under this Section 8.8 5.8 are subject to Section 8.75.7.

Appears in 12 contracts

Samples: Master Agreement (Witter Dean World Currency Fund L P), Master Agreement (DWFCM International Access Fund Lp), Master Agreement (Dean Witter Spectrum Select Lp)

No Limitation of Other Rights; Set-Off. The Non-Non- Defaulting Party's rights under this Section 8 5 shall be in addition to, and not in limitation or exclusion of, any other rights which the Non-Defaulting Party may have (whether by agreement, operation of law or otherwise), and, to the extent not prohibited by law, the Non-Defaulting Party shall have a general right of set-off with respect to all amounts owed by each Party to the other Party, whether due and payable or not due and payable (provided that any amount not due and payable at the time of such set-off shall, if appropriate, be discounted to present value in a commercially reasonable manner by the Non-Defaulting Party). The Non-Defaulting Party's rights under this Section 8.8 5.8 are subject to Section 8.75.7.

Appears in 6 contracts

Samples: Master Agreement (Dean Witter Portfolio Strategy Fund Lp), Master Agreement (Witter Dean Multi Market Portfolio L P), Master Agreement (Witter Dean Diversified Futures Fund Ii L P)

No Limitation of Other Rights; Set-Off. The Non-Defaulting Party's ’s rights under this Section 8 shall be in addition to, and not in limitation or exclusion of, any other rights which the Non-Defaulting Party may have (whether by agreement, operation of law or otherwise), and, to the extent not prohibited by law, the Non-Defaulting Party shall have a general right of set-off with respect to all amounts owed by each Party to the other Party, whether due and payable or not due and payable (provided that any amount not due and payable at the time of such set-off shall, if appropriate, be discounted to present value in a commercially reasonable manner by the Non-Defaulting Party). The Non-Defaulting Party's ’s rights under this Section 8.8 are subject to Section 8.7.

Appears in 5 contracts

Samples: Master Agreement (BHM Discretionary Futures Fund L.P.), Master Agreement (Morgan Stanley Managed Futures LV, L.P.), Master Agreement (Morgan Stanley Managed Futures HV, L.P.)

No Limitation of Other Rights; Set-Off. The Non-Defaulting Party's rights under this Section 8 5 shall be in addition to, and not in limitation or exclusion of, any other rights which the Non-Defaulting Party may have (whether by agreement, operation of law or otherwise), and, to . To the extent not prohibited by applicable law, the Non-Defaulting Party shall have a general right of set-off with respect to all amounts owed by each Party to the other Party, whether due and payable or not due and payable (provided that any amount not due and payable at the time of such set-off shall, if appropriate, be discounted to present value in a commercially reasonable manner by the Non-Defaulting Party). The Non-Defaulting Party's rights under this Section 8.8 5.8 are subject to Section 8.75.7.

Appears in 5 contracts

Samples: Master Agreement (Witter Dean Spectrum Strategic Lp), Customer Agreement (Morgan Stanley Dean Witter Charter Millburn Lp), Master Agreement (Witter Dean Spectrum Technical Lp)

No Limitation of Other Rights; Set-Off. The Non-Defaulting Party's rights under this Section 8 6 shall be in addition to, and not in limitation or exclusion of, any other rights which the Non-Defaulting NonDefaulting Party may have (whether by agreement, operation of law or otherwise), and, to . To the extent not prohibited by applicable law, the Non-Defaulting Party shall have a general right of set-off from time to time with respect to all amounts owed by each Party to the other Party, whether due and payable or not due and payable (provided that any amount not due and payable at the time of such set-off shall, if appropriate, be discounted to present value in a commercially reasonable manner by the Non-Defaulting Party). The Non-Defaulting Party's rights under this Section 8.8 6.8 are subject to Section 8.76.7.

Appears in 3 contracts

Samples: Master Agreement (Campbell Asset Allocation Trust), Master Agreement (Campbell Alternative Asset Trust), Master Agreement (Campbell Alternative Asset Trust)

No Limitation of Other Rights; Set-Off. The Non-Defaulting Party's rights under this Section 8 5 shall be in addition to, and not in limitation or exclusion of, any other rights which the Non-Defaulting Party may have (whether by agreement, operation of law or otherwise), and, to the extent not prohibited by law, the Non-Defaulting Party shall have a general right of set-off with respect to all amounts owed by each Party to the other Party, whether due and payable or not due and payable (provided that any amount not due and payable at the time of such set-off shall, if appropriate, be discounted to present value in a commercially reasonable manner by the Non-Defaulting Party). The Non-Defaulting Party's rights under this Section 8.8 are subject to Section 8.7.Defaulting

Appears in 2 contracts

Samples: Master Agreement (Witter Dean Spectrum Technical Lp), Master Agreement (Morgan Stanley Dean Witter Spectrum Currency Lp)

No Limitation of Other Rights; Set-Off. The Non-Defaulting Party's rights under this Section 8 5 shall be in addition to, and not in limitation or exclusion of, any other rights which the Non-Defaulting Party may have (whether by agreement, operation of law or otherwise), and, to the extent not prohibited by law, the Non-Defaulting Party shall have a general right of set-off with respect to all amounts owed by each Party to the other Party, whether due and payable or not due and payable (provided PROVIDED that any amount not due and payable at the time of such set-off shall, if appropriate, be discounted to present value in a commercially reasonable manner by the Non-Defaulting Party). The Non-Defaulting Party's rights under this Section 8.8 5.8 are subject to Section 8.75.7.

Appears in 2 contracts

Samples: Master Agreement (Morgan Stanley Dean Witter Charter Grahm Lp), Master Agreement (Morgan Stanley Dean Witter Charter Millburn Lp)

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No Limitation of Other Rights; Set-Off. The Non-Non- Defaulting Party's rights under this Section 8 shall be in addition to, and not in limitation or exclusion of, any other rights which the Non-Non- Defaulting Party may have (whether by agreement, operation of law or otherwise), and, to the extent not prohibited by law, the Non-Defaulting Party shall have a general right of set-off with respect to all amounts owed by each Party to the other Party, whether due and payable or not due and payable (provided that any amount not due and payable at the time of such set-off shall, if appropriate, be discounted to present value in a commercially reasonable manner by the Non-Defaulting Party). The Non-Defaulting Party's rights under this Section 8.8 are subject to Section 8.7.

Appears in 1 contract

Samples: Master Agreement (Morgan Stanley Charter Campbell Lp)

No Limitation of Other Rights; Set-Off. The Non-Defaulting Party's rights under this Section 8 5 shall be in addition to, and not in limitation or exclusion of, any other rights which the Non-Defaulting Party may have (whether by agreement, operation of law or otherwise), and, to the extent not prohibited by law, the Non-Defaulting Party shall have a general right of set-off with respect to all amounts owed by each Party to the other Party, whether due and payable or not due and payable (provided PROVIDED that any amount not due and payable at the time of such set-off shall, if appropriate, be discounted to present value in a commercially reasonable manner by the Non-Defaulting Party). The Non-Defaulting Party's rights under this Section 8.8 5.8 are subject to Section 8.7.5.7. Section 6 FORCE MAJEURE, ACT OF STATE, ILLEGALITY OR IMPOSSIBILITY

Appears in 1 contract

Samples: Master Agreement (Morgan Stanley Dean Witter Charter Welton Lp)

No Limitation of Other Rights; Set-Off. The Non-Non- Defaulting Party's rights under this Section 8 shall be in addition to, and not in limitation or exclusion of, any other rights which the Non-Non- Defaulting Party may have (whether by agreement, operation of law or otherwise), and, to the extent not prohibited by law, the Non-Defaulting Party shall have a general right of set-off with respect to all amounts owed by each Party to the other Party, whether due and payable or not due and payable (provided that any amount not due and payable at the time of such set-off shall, if appropriate, be discounted to present value in a commercially reasonable manner by the Non-Defaulting Party). The Non-Non- Defaulting Party's rights under this Section 8.8 are subject to Section 8.7.

Appears in 1 contract

Samples: Foreign Exchange and Options Master Agreement (Dean Witter Global Perspective Portfolio L P)

No Limitation of Other Rights; Set-Off. The Non-Non Defaulting Party's rights under this Section 8 5 shall be in addition to, and not in limitation or exclusion of, any other rights which the Non-Non Defaulting Party may have (whether by agreement, operation of law or otherwise), and, to . To the extent not prohibited by applicable law, the Non-Non Defaulting Party shall have a general right of set-set off with respect to all amounts owed by each Party to the other Party, whether due and payable or not due and payable (provided that any amount not due and payable at the time of such set-off shall, if appropriate, be discounted to present value in a commercially reasonable manner by the Non-Defaulting Party). The Non-Non Defaulting Party's rights under this Section 8.8 5.8 are subject to Section 8.75.7.

Appears in 1 contract

Samples: Foreign Exchange Master Agreement (Ashworth Inc)

No Limitation of Other Rights; Set-Off. The Non-Defaulting Party's rights under this Section 8 6 shall be in addition to, and not in limitation or exclusion of, any other rights which the Non-Defaulting Party may have (whether by agreement, operation of law or otherwise), and, to . To the extent not prohibited by applicable law, the Non-Defaulting Party shall have a general right of set-off from time to time with respect to all amounts owed by each Party to the other Party, whether due and payable or not due and payable (provided that any amount not due and payable at the time of such set-off shall, if appropriate, be discounted to present value in a commercially reasonable manner by the Non-Defaulting Party). The Non-Defaulting Party's rights under this Section 8.8 6.8 are subject to Section 8.76.7.

Appears in 1 contract

Samples: Foreign Exchange Master Agreement (Campbell Strategic Allocation Fund Lp)

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