Common use of Right to Set Off Clause in Contracts

Right to Set Off. If any such cost, loss, damage, expense, liability, claim, or obligation occurs or is incurred by PainCare or Subsidiary, PainCare or Subsidiary shall have the right, after written notice to the Shareholder, at PainCare’s or Subsidiary’s option and in addition to any other actions permitted by law, to offset the amount of any such cost, loss, damage, expense, liability, obligation or claim against amounts due from PainCare or Subsidiary to the Shareholder, including the right to offset any post-closing payment due from PainCare or Subsidiary to the Shareholder under this Agreement or any other agreement.

Right to Set Off. If any such cost, loss, damage, expense, liability, claim, or obligation Adverse Consequence occurs or is incurred by PainCare or SubsidiarySubsidiary or any other indemnified party pursuant to Section 11.2, PainCare or Subsidiary shall have the right, after written notice to the Shareholder, at PainCare’s or Subsidiary’s option and in addition to any other actions permitted by law, to offset the amount of any such cost, loss, damage, expense, liability, obligation or claim against amounts due from PainCare or Subsidiary to the Shareholder, including the right to offset any post-closing payment due from PainCare or Subsidiary to the Shareholder under this Agreement or any other agreement.

Right to Set Off. If any such cost, loss, damage, expense, liability, claim, or obligation occurs or is incurred by PainCare or Subsidiary, PainCare or Subsidiary shall have the right, after written notice to the ShareholderSeller, at PainCare’s or Subsidiary’s option and in addition to any other actions permitted by law, to offset the amount of any such cost, loss, damage, expense, liability, obligation or claim against amounts due from PainCare or Subsidiary to the ShareholderSeller, including the right to offset any post-closing payment due from PainCare or Subsidiary to the Shareholder Seller under this Agreement or any other agreement.

Right to Set Off. If any such cost, loss, damage, expense, liability, claim, or obligation Adverse Consequence occurs or is incurred by PainCare or Subsidiary, PainCare or Subsidiary shall have the right, after written notice to the Shareholder, at PainCare’s or Subsidiary’s option and in addition to any other actions permitted by law, to offset the amount of any such cost, loss, damage, expense, liability, obligation or claim against amounts due from PainCare or Subsidiary to the Shareholder, including the right to offset any post-closing payment due from PainCare or Subsidiary to the Shareholder under this Agreement or any other agreement.

Right to Set Off. If any such cost, loss, damage, expense, liability, claim, or obligation Adverse Consequence occurs or is incurred by PainCare or Subsidiary, PainCare or Subsidiary shall have the right, after written notice to the ShareholderShareholders, at PainCare’s or Subsidiary’s option and in addition to any other actions permitted by law, to offset the amount of any such cost, loss, damage, expense, liability, obligation or claim against amounts due from PainCare or Subsidiary to the ShareholderShareholders, including the right to offset any post-closing payment due from PainCare or Subsidiary to the Shareholder Shareholders under this Agreement or any other agreement.

Right to Set Off. If any such cost, loss, damage, expense, liability, claim, or obligation occurs or is incurred by PainCare or Subsidiarythe Surviving Corporation, PainCare or Subsidiary shall have the right, after written notice to the Shareholder, at PainCare’s or Subsidiary’s option and in addition to any other actions permitted by law, to offset the amount of any such cost, loss, damage, expense, liability, obligation or claim against amounts due from PainCare or Subsidiary to the Shareholder, including the right to offset any post-closing payment due from PainCare or Subsidiary to the Shareholder under this Agreement or any other agreement.

Right to Set Off. If any such cost, loss, damage, expense, liability, claim, or obligation Adverse Consequence occurs or is incurred by PainCare or the Subsidiary, PainCare or the Subsidiary shall have the right, after written notice to the ShareholderShareholders, at PainCare’s or the Subsidiary’s option and in addition to any other actions permitted by law, to offset the amount of any such cost, loss, damage, expense, liabilityLiability, obligation or claim against amounts due from PainCare or the Subsidiary to the ShareholderShareholders, including the right to offset any post-post closing payment due from PainCare or the Subsidiary to the Shareholder Shareholders under this Agreement or any other agreement.

Right to Set Off. If any such cost, loss, damage, expense, liability, claim, or obligation occurs or is incurred by PainCare or Subsidiary, PainCare or Subsidiary shall have the right, after written notice to the Shareholder, at PainCare’s 's or Subsidiary’s 's option and in addition to any other actions permitted by law, to offset the amount of any such cost, loss, damage, expense, liability, obligation or claim against amounts due from PainCare or Subsidiary to the Shareholder, including the right to offset any post-closing payment due from PainCare or Subsidiary to the Shareholder under this Agreement or any other agreement.

Right to Set Off. If any such cost, loss, damage, expense, liability, claim, or obligation occurs or is incurred by PainCare or Subsidiary, PainCare or Subsidiary shall have the right, after written notice to the ShareholderMember, at PainCare’s or Subsidiary’s option and in addition to any other actions permitted by law, to offset the amount of any such cost, loss, damage, expense, liability, obligation or claim against amounts due from PainCare or Subsidiary to the ShareholderMember, including the right to offset any post-closing payment due from PainCare or Subsidiary to the Shareholder Member under this Agreement or any other agreement.

Right to Set Off. If any such cost, loss, damage, expense, liabilityLiability, claim, or obligation occurs or is incurred by PainCare or SubsidiarySubsidiary as an Indemnified Party, PainCare or Subsidiary shall have the right, after written notice to the ShareholderShareholders but only after a factual determination of such adverse consequences by a court of competent jurisdiction, at PainCare’s or Subsidiary’s option and in addition to any other actions permitted by law, to offset the amount of any such cost, loss, damage, expense, liabilityLiability, obligation or claim against amounts due from PainCare or Subsidiary to the Shareholder, including the right to offset any post-closing payment due from PainCare or Subsidiary to the Shareholder Shareholders under this Agreement or any other agreement.

Right to Set Off. If any such cost, loss, damage, expense, liability, claim, or obligation occurs or is incurred by PainCare or Subsidiary, PainCare or Subsidiary shall have the right, after written notice to the ShareholderShareholder and subject to a final decision by a court of requisite jurisdiction, at PainCare’s 's or Subsidiary’s 's option and in addition to any other actions permitted by law, to offset the amount of any such cost, loss, damage, expense, liability, obligation or claim against amounts due from PainCare or Subsidiary to the Shareholder, including the right to offset any post-closing payment due from PainCare or Subsidiary to the Shareholder under this Agreement or any other agreement.