Common use of Right of Setoff and Recoupment Clause in Contracts

Right of Setoff and Recoupment. Each of Ceding Company and Reinsurer shall have, and may exercise at any time and from time to time, the right to setoff or recoup any undisputed balance or balances, whether on account of Reinsurance Premiums, allowances, credits, Claims or otherwise, due from one party to the other under this Agreement and may setoff or recoup such balance or balances against any balance or balances due to the former from the latter under this Agreement. The rights provided under this Article 14.3 are in addition to any rights of setoff that may exist at common law. The parties’ setoff rights may be enforced notwithstanding any other provision of this Agreement including, without limitation, the provisions of Article 12.

Appears in 2 contracts

Samples: Coinsurance Agreement (US Alliance Corp), Coinsurance Agreement (US Alliance Corp)

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Right of Setoff and Recoupment. (a) Each of the Ceding Company and the Reinsurer shall have, and may exercise at any time and from time to time, the right to setoff or recoup any undisputed balance or balances, whether on account of Reinsurance Premiums, allowances, credits, Claims Claims, Annuitizations or otherwise, due from one party to the other under this Agreement and may setoff or recoup such balance or balances against any balance or balances due to the former from the latter under this Agreement. . (b) The rights provided under this Article 14.3 Section 19.03 are in addition to any rights of setoff that may exist at common law. The parties’ setoff rights may be enforced notwithstanding any other provision of this Agreement including, without limitation, the provisions of Article 12XVI.

Appears in 1 contract

Samples: Coinsurance Agreement (American Equity Investment Life Holding Co)

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Right of Setoff and Recoupment. (a) Each of the Ceding Company and the Reinsurer shall have, and may exercise at any time and from time to time, the right to setoff or recoup any undisputed balance or balances, whether on account of Reinsurance Premiums, allowances, credits, Claims or otherwise, due from one party to the other under this Agreement and may setoff or recoup such balance or balances against any balance or balances due to the former from the latter under this Agreement. . (b) The rights provided under this Article 14.3 Section 18.03 are in addition to any rights of setoff that may exist at common law. The parties’ setoff rights may be enforced notwithstanding any other provision of this Agreement including, without limitation, the provisions of Article 12XV.

Appears in 1 contract

Samples: Coinsurance Agreement (American Equity Investment Life Holding Co)

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