Common use of Power of set-off Clause in Contracts

Power of set-off. (1) If the Provider owes the DHB 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 the DHB under clause C.52, the DHB may set that amount off against any amount that it owes to the Provider at any time, after the DHB has given the Provider written notice of its intention to do so. (2) If the DHB exercises the power of set-off, the Provider will be deemed to have made payment to the DHB to the extent of the set-off.

Power of set-off. (1) If the Provider owes the DHB an amount under this Agreement, or any previous agreement, including in the case of overpayment under clause D.42 D.40 or if the Provider is obliged to indemnify the DHB under clause C.52C.59, the DHB may set that amount off against any amount that it owes to the Provider at any time, after the DHB has given the Provider written notice of its intention to do so. (2) If the DHB exercises the power of set-off, the Provider will be deemed to have made payment to the DHB to the extent of the set-off.