Common use of Offsetting Clause in Contracts

Offsetting. Without limiting the Department’s rights under this Agreement, under statute, at law or in equity, if the Provider: owes the Commonwealth any debt; or has outstanding or unacquitted money, under this Agreement, or under any other arrangement with the Department or the Commonwealth, the Department may offset or deduct an amount equal to that debt owed, or outstanding or unacquitted money, against any other payments due to the Provider under this Agreement. The Department will Notify the Provider if it exercises its rights under clause 26.5 within 10 Business Days after having exercised those rights. Notwithstanding any action taken by the Department under clause 26.5, the Provider must continue to perform its obligations under this Agreement, unless the Department agrees otherwise in writing.

Offsetting. Without limiting the Department’s rights under this Agreement, under statute, at law or in equity, if the Provider: owes the Commonwealth any debt; or has outstanding or unacquitted money, under this Agreement, or under any other arrangement with the Department or the Commonwealth, the Department may offset or deduct an amount equal to that debt owed, or outstanding or unacquitted money, against any other payments due to the Provider under this Agreement. The Department will Notify the Provider if it exercises its rights under clause 26.5 110 within 10 Business Days after having exercised those rights. Notwithstanding any action taken by the Department under clause 26.5110, the Provider must continue to perform its obligations under this Agreement, unless the Department agrees otherwise in writing.