Common use of Right to Offset Clause in Contracts

Right to Offset. To the extent permitted by applicable law: A. In connection with performance under this Agreement, the City may offset any incremental costs and other damages the City incurs in any or all of the following circumstances: (i) if the City terminates this Agreement for default or any other reason resulting from your performance or non-performance; (ii) if the City exercises any of its remedies under Section 7.2, Remedies, of this Agreement; or (iii) if the City has any credits due or has made any overpayments under this Agreement. The City may offset these incremental costs and other damages by use of any payment due for Services completed before the City terminated this Agreement or before the City exercised any remedies. If the amount offset is insufficient to cover those incremental costs and other damages, you are liable for and must promptly remit to the City the balance upon written demand for it. This right to offset is in addition to and not a limitation of any other remedies available to the City. B. As provided under Section 2-92-380 of the Municipal Code and in addition to any other rights and remedies (including any of set-off) available to the City under this Agreement or permitted at law or in equity, the City is entitled to set off a portion of the price or compensation due under this Agreement in an amount equal to the amount of the fines and penalties for each outstanding parking violation complaint and/or the amount of any debt owed by you to the City, as those terms are defined in Section 2-92-380. C. Without breaching this Agreement, the City may set off a portion of the price or compensation due under this Agreement in an amount equal to the amount of any liquidated or unliquidated claims that the City has against you unrelated to this Agreement. When the City’s claims against you are finally adjudicated in a court of competent jurisdiction or otherwise resolved, the City will reimburse you to the extent of the amount the City has offset against this Agreement inconsistently with such determination or resolution.

Right to Offset. To the extent permitted by applicable law: A. (a) In connection with performance under this Agreement, the City may offset any incremental costs and other damages the City incurs in any or all of the following circumstances: (i) if the City terminates this Agreement for default or any other reason resulting from your performance or non-performance; (ii) if the City exercises any of its remedies under Section 7.29.2, Remedies, of this Agreement; or (iii) if the City has any credits due or has made any overpayments under this Agreement. The City may offset these incremental costs and other damages by use of any payment due for Services completed before the City terminated this Agreement or before the City exercised any remedies. If the amount offset is insufficient to cover those incremental costs and other damages, you are liable for and must promptly remit to the City the balance upon written demand for it. This right to offset is in addition to and not a limitation of any other remedies available to the City. B. (b) As provided under Section 2-92-380 of the Municipal Code and in addition to any other rights and remedies (including any of set-off) available to the City under this Agreement or permitted at law or in equity, the City is entitled to set off a portion of the price or compensation due under this Agreement in an amount equal to the amount of the fines and penalties for each outstanding parking violation complaint and/or the amount of any debt owed by you to the City, as those terms are defined in Section 2-92-380. C. Without (c) In connection with any liquidated or unliquidated claims against you, without breaching this Agreement, the City may set off a portion of the price or compensation due under this Agreement in an amount equal to the amount of any liquidated or unliquidated claims that the City has against you unrelated to this Agreement. When the City’s claims against you are finally adjudicated in a court of competent jurisdiction or otherwise resolved, the City will reimburse you to the extent of the amount the City has offset against this Agreement inconsistently with such determination or resolution.

Right to Offset. To the extent permitted by applicable law: A. (a) In connection with Contractor’s performance under this Agreement, the City may offset any incremental costs and other damages the City incurs in any or all of the following circumstances: (i) if the City terminates this Agreement for default or any other reason resulting from your Contractor’s performance or non-performance; (ii) if the City exercises any of its remedies under Section 7.2, Remedies, 8.2 of this Agreement; or; (iii) if the City has any credits due or has made any overpayments under this Agreement. The City may offset these incremental costs and other damages by use of any payment due for Services completed before the City terminated this Agreement or before the City exercised any remedies. If the amount offset is insufficient to cover those incremental costs and other damages, you are Contractor is liable for and must promptly remit to the City the balance upon written demand for it. This right to offset is in addition to and not a limitation of any other remedies available to the City. B. (b) As provided under Section 2-92-380 of the Municipal Code and in addition to any other rights and remedies (including any of set-off) available to Code, the City may set off from Contractor’s compensation under this Agreement or permitted at law or in equity, the City is entitled to set off a portion of the price or compensation due under this Agreement in an amount equal to the amount of the fines and penalties for each outstanding parking violation complaint and/or and the amount of any debt owed by you Contractor to the City, City as those italicized terms are defined in Section 2-92-380the Municipal Code. C. Without (c) In connection with any liquidated or unliquidated claims against Contractor, and without breaching this Agreement, the City may set off a portion of the price or compensation due under this Agreement in an amount equal to the amount of any liquidated or unliquidated claims that the City has against you Contractor unrelated to this Agreement. When the City’s claims against you Contractor are finally adjudicated in a court of competent jurisdiction or otherwise resolved, the City will reimburse you Contractor to the extent of the amount the City has offset against this Agreement inconsistently with such determination or resolution.

Right to Offset. To the extent permitted by applicable law: A. In connection with performance perform ance under this Agreement, the City may offset any incremental costs and other damages the City incurs in any or all of the following circumstances: (i) if the City terminates this Agreement for default or any other reason resulting from your performance or non-performance; (ii) if the City exercises any of its remedies under Section 7.2, Remedies, 8.2 of this Agreement; or (iii) if the City has any credits due or has made any overpayments under this Agreement. The City may offset these incremental costs and other damages by use of any payment due for Services completed before the City terminated this Agreement or before the City exercised any remedies. If the amount offset is insufficient to cover those incremental costs and other damages, you are liable for and must promptly remit to the City the balance upon written demand for it. This right to offset is in addition to and not a limitation of any other remedies available to the City. B. As provided under Section 2-92-380 of the Municipal Code and in addition to any other rights and remedies (including any of set-off) available to the City under this Agreement or permitted at law or in equity, the City is entitled to set off a portion of the price or compensation due under this Agreement in an amount equal to the amount of the fines and penalties for each outstanding parking violation complaint and/or the amount of any debt owed by you to the City, as those terms are defined in Section 2-92-380. C. Without W ithout breaching this Agreement, the City may set off a portion of the price or compensation due under this Agreement in an amount equal to the amount of any liquidated or unliquidated claims that the City has against you unrelated to this Agreement. When W hen the City’s claims against you are finally adjudicated in a court of competent jurisdiction or otherwise resolved, the City will reimburse you to the extent of the amount the City has offset against this Agreement inconsistently with such determination or resolution.

Right to Offset. To the extent permitted by applicable law: A. (a) In connection with Contractor’s performance under this Agreement, the City may offset against amounts due to Contractor under this Agreement to satisfy any incremental costs and other damages the City incurs that has either been finally judicially awarded or otherwise mutually agreed through dispute resolution in any or all of the following circumstances: (i) if the City terminates this Agreement for default or any other reason resulting from your Contractor’s performance or non-performance; (ii) if the City exercises any of its remedies under Section 7.2, Remedies, 8.2 of this Agreement; or; (iii) if the City has any credits due or has made any overpayments under this Agreement. The City may offset these incremental costs and other damages by use of any payment due for Services completed before the City terminated this Agreement or before the City exercised any remedies. If the amount offset is insufficient to cover those incremental costs and other damages, you are Contractor is liable for and must promptly remit to the City the balance upon written demand for it. This right to offset is in addition to and not a limitation of any other remedies available to the City. B. (b) As provided under Section 2-92-380 of the Municipal Code and in addition to any other rights and remedies (including any of set-off) available to Code, the City may set off from Contractor’s compensation under this Agreement or permitted at law or in equity, the City is entitled to set off a portion of the price or compensation due under this Agreement in an amount equal to the amount of the fines and penalties for each outstanding parking violation complaint and/or and the amount of any debt owed by you Contractor to the City, City as those italicized terms are defined in Section 2-92-380the Municipal Code. C. Without (c) In connection with any liquidated or unliquidated claims against Contractor, and without breaching this Agreement, the City may set off a portion of the price or compensation due under this Agreement in an amount equal to the amount of any liquidated or unliquidated claims that the City has been finally judicially awarded against you unrelated Contractor related to this Agreement. When the City’s claims against you are finally adjudicated in a court of competent jurisdiction or otherwise resolved, the City will reimburse you to the extent of the amount the City has offset against this Agreement inconsistently with such determination or resolution.