Common use of Power of set-off Clause in Contracts

Power of set-off. (1) If the Provider owes Te Whatu Ora an amount under this Agreement, or any previous agreement, including in the case of overpayment under clause D.42 or if the Provider is obliged to indemnify Te Whatu Ora under clause C.52, Te Whatu Ora may set that amount off against any amount that it owes to the Provider at any time, after Te Whatu Xxx has given the Provider written notice of its intention to do so. (2) If Te Whatu Ora exercises the power of set-off, the Provider will be deemed to have made payment to Te Whatu Ora to the extent of the set-off.