Common use of OWNER’S SET-OFF Clause in Contracts

OWNER’S SET-OFF. 5.10.1 In addition to and without limiting any other rights the Owner may have under the Agreement and at law or otherwise, the Owner may set-off and deduct from any amount owing to the Contractor under the Agreement (including any payments by the Owner pursuant to GC 5.4.2, GC 5.6.3, GC 5.7.1.5, GC 5.7.2.3 and determinations pursuant to an Adjudication) an amount sufficient to cover: .1 any outstanding or disputed liabilities or obligations of the Contractor to the Owner (including unpaid liquidated damages), or to the Indemnities pursuant to 9.1 INDEMNIFICATION; .2 any Losses or amounts for which the Owner is expressly entitled in the Agreement to set-off or retain including GC 2.5.5, GC 5.4.2, GC 5.6.3, GC 5.7.2.3, GC 11.1.5.1, GC 11.1.5.2, GC 4.1.5, GC 10.2.5, GC 8.1.11.3, GC 9.1.3 GC 9.1.6, GC 13.2.1.2 and GC 13.2.2; .3 any of the following: (1) any assessment due to the Workplace Safety and Insurance Board relating to the Work; and (2) any amount necessary to satisfy Contractor’s obligations under 5.9 – CONTRACTOR DISCHARGE OF LIABILITIES; .4 any other amounts owed by the Contractor to the Owner under the Agreement; and

OWNER’S SET-OFF. ‌ 5.10.1 In addition to and without limiting any other rights the Owner may have under the Agreement and at law or otherwise, the Owner may set-off and deduct from any amount owing to the Contractor under the Agreement (including any payments by the Owner pursuant to GC 5.4.2, GC 5.6.3, GC 5.7.1.5, GC 5.7.2.3 and determinations pursuant to an Adjudication) an amount sufficient to cover: : .1 any outstanding or disputed liabilities or obligations of the Contractor to the Owner (including unpaid liquidated damages), or to the Indemnities pursuant to 9.1 INDEMNIFICATION; .2 any Losses or amounts for which the Owner is expressly entitled in the Agreement to set-off or retain including GC 2.5.5, GC 5.4.2, GC 5.6.3, GC 5.7.2.3, GC 11.1.5.1, GC 11.1.5.2, GC 4.1.5, GC 10.2.5, GC 8.1.11.3, GC 9.1.3 GC 9.1.6, GC 13.2.1.2 and GC 13.2.2; .3 any of the following: (1) any assessment due to the Workplace Safety and Insurance Board relating to the Work; and (2) any amount necessary to satisfy Contractor’s obligations under 5.9 – CONTRACTOR DISCHARGE OF LIABILITIES; .4 any other amounts owed by the Contractor to the Owner under the Agreement; and