Common use of Retention and Set Off Clause in Contracts

Retention and Set Off. The Customer may retain or set off any amount, in excess of ESFA funding, owed to it by the Supplier against any amount due to the Supplier under this Contract or under any other agreement between the Supplier and the Customer. If the Customer wishes to exercise its right pursuant to Clause 14.8 it shall give notice to the Supplier within thirty (30) days of receipt of the relevant invoice, setting out the Customer’s reasons for retaining or setting off the relevant Contract Charges. The Supplier shall make any payments due to the Customer without any deduction whether by way of set-off, counterclaim, discount, abatement or otherwise unless the Supplier has obtained a sealed court order requiring an amount equal to such deduction to be paid by the Customer to the Supplier. Foreign Currency Any requirement of Law to account for the Goods and/or Services in any currency other than Sterling, (or to prepare for such accounting) instead of and/or in addition to Sterling, shall be implemented by the Supplier free of charge to the Customer. The Customer shall provide all reasonable assistance to facilitate compliance with Clause14.11 by the Supplier.

Retention and Set Off. The Customer may retain or set off any amount, in excess of ESFA funding, amount owed to it by the Supplier Service Provider against any amount due to the Supplier Service Provider under this Call Off Contract or under any other agreement between the Supplier Service Provider and the Customer. If the Customer wishes to exercise its right pursuant to Clause 14.8 23.3.1 it shall give notice to the Supplier Service Provider within thirty (30) days of receipt of the relevant invoice, setting out the Customer’s reasons for retaining or setting off the relevant Call Off Contract Charges. The Supplier Service Provider shall make any payments due to the Customer without any deduction whether by way of set-off, counterclaim, discount, abatement or otherwise unless the Supplier Service Provider has obtained a sealed court order requiring an amount equal to such deduction to be paid by the Customer to the SupplierService Provider. Foreign Currency Any requirement of Law to account for the Goods and/or Services in any currency other than Sterling, (or to prepare for such accounting) instead of and/or in addition to Sterling, shall be implemented by the Supplier Service Provider free of charge to the Customer. The Customer shall provide all reasonable assistance to facilitate compliance with Clause14.11 Clause 23.4.1 by the SupplierService Provider.