Set-off and Retention. Except as expressly set forth in this Agreement, no Party shall be entitled to any set-off (Aufrechnung) or retention (Zurückbehaltung) with respect to any rights or claims under this Agreement unless the right or claim of the Party claiming a right of set-off or retention has been acknowledged in writing by the respective other Party or has been confirmed by a final decision of a competent court.
Set-off and Retention. 8.1 Any set-off by the Supplier with counter-claims of the Supplier against claims we have against it shall not be effective unless such counter-claims are uncontested or have been established as final and absolute.
Set-off and Retention. 16.1 The customer has no set-off rights. This does not apply if the counterclaim asserts a breach of a primary performance obligation by DE- CIX or the counterclaim is legally binding or undisputed.
Set-off and Retention. No Party is entitled to exercise any right to set-off or retention unless otherwise expressly set forth in this Agreement.
Set-off and Retention. The Tenant can only offset claims based on §§ 536 a, 539 of the German Civil Code or because of unjust enrichment due to overpayment of rent or withhold rent because of this claim if he notifies the Landlord of his intention in writing at least one month before the rent due date. This restriction does not apply to the set-off/retention relating to claims that have been bindingly decided in law or are undisputed.
Set-off and Retention. Offsetting against counterclaims of the Buyer or the retention of payments due to such claims shall only be permissible in- sofar as the counterclaims are undisputed or have been legally established or arise from the same order under which the de- livery in question was made.
Set-off and Retention. 23.1 The buyer / contracting party is precluded from setting off any purported counterclaims against amounts we are owed.
Set-off and Retention. No Shareholder shall be entitled to set-off (aufrechnen) against any claims of the other Shareholder under or in connection with this Agreement or to exercise any right of retention (Zuruckbehaltungsrecht) except with a claim that is undisputed or has become res judicata.
Set-off and Retention. Any rights of set-off or retention with regard to the obligations under this Purchase Contract shall be excluded for the Purchaser with the exception of payment claims pursuant to § 15.2.
Set-off and Retention. The Purchasers shall not be entitled (i) to set off (aufrechnen) any rights and claims they may have under this Agreement, or (ii) to refuse to perform any obligation they may have under this Agreement on the grounds that they have a right of retention (Zurückbehaltungsrecht), unless the rights or claims of the Purchasers claiming a right of set-off or retention have been acknowledged (anerkannt) in writing by Seller 1 or have been determined by the final and non-appealable decision of the arbitral tribunal or the competent court, as the case may be, in accordance with Section 20.5.
