SET OFF AND APPROPRIATION Sample Clauses
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SET OFF AND APPROPRIATION. 25.1 Except to the extent expressly stated otherwise in this Agreement, the Secretary of State may set off from any amount payable by him to a Party any undisputed amount due to them by that Party.
25.2 If any sum paid or recovered in respect of the liability of any Party to the Secretary of State under this Agreement is less than the amount due, the Secretary of State may apply that sum to amounts due to the relevant Party under this Agreement in such proportions and order and generally in such manner as the Secretary of State may determine.
SET OFF AND APPROPRIATION. In addition to any right which the Owner may be entitled, the Owner may at any time and without notice to the Hirer combine or consolidate all or any of the Hirer’s accounts maintained by the Hirer with the Owner and/or any liability, whether solely or jointly or jointly and/or severally with any other person or persons with or to the Owner or set-off or transfer any sum or sums standing to the credit of the Hirer in one or more of such accounts (whether arising out of this Agreement or otherwise) in or towards satisfaction of any of such liability or liabilities of the Hirer whether solely or jointly or jointly and/or severally with any other person or persons to the Owner or any other account or in any other respects whether actual, contingent, primary or collateral liabilities arising from or in connection with this Agreement. The Hirer agrees that, notwithstanding any specific appropriation purported to have been made by the Hirer, the Owner may appropriate at its discretion any monies paid by the Hirer in full or part satisfaction of any debt or liability arising from or in connection with this Agreement including any interest payable by the Hirer in accordance with Clause 5 unless prohibited by the Act, where the Act is applicable, or any applicable law. The Hirer agrees and authorises the Owner to retain any surplus from the proceeds of sale of the Goods or any monies standing to the Hirer’s credit under this Agreement and to apply, set-off, combine or consolidate any or all such surplus, proceeds of sale or sums of money standing to the Hirer’s credit at any time or times to pay the Owner whether as principal or surety and whether solely or jointly or jointly and severally with any other person or persons, in any manner whatsoever for any liabilities whether actual, contingent, primary or collateral arising from or in connection with this Agreement.
