Common use of Set Off, Counterclaim, Etc Clause in Contracts

Set Off, Counterclaim, Etc. Except as explicitly provided herein, no payment required to be made by any party pursuant to this Agreement shall be subject to any right of set off, counterclaim, defense, abatement, suspension, deferment or reduction, and, except in accordance with the express terms hereof, no party shall have any right to be released, relieved, or discharged from any obligation or liability under this Agreement for any reason whatsoever. Nothing contained herein shall be construed to waive any claim which EME, Midwest or the Lessor might have under any of the Operative Documents (including this Agreement and including, without limitation, claims or defenses that indemnities or other payments demanded from or paid by Midwest, EME or the party are or were erroneous) or otherwise, or to limit the right of Midwest, EME or the party to make any claim it might have against the Owner Participant, EME or Midwest or any other Person or to pursue such claim in such manner as Midwest, EME or the Owner Participant shall deem appropriate, or to require Midwest, EME or the Owner Participant to pay the same obligation more than once.

Set Off, Counterclaim, Etc. Except as explicitly provided herein, no payment required to be made by any party pursuant to this Agreement shall be subject to any right of set off, counterclaim, defense, abatement, suspension, deferment or reduction, and, except in accordance with the express terms hereof, no party shall have any right to be released, relieved, or discharged from any obligation Conemaugh Tax Indemnity Agreement or liability under this Agreement for any reason whatsoever. Nothing contained herein shall be construed to waive any claim which EME, Midwest the Facility Lessee or the Owner Lessor might have under any of the Operative Documents (including this Agreement and including, without limitation, claims or defenses that indemnities or other payments demanded from or paid by Midwest, EME the Facility Lessee or the party are or were erroneous) or otherwise, or to limit the right of Midwest, EME the Facility Lessee or the party to make any claim it might have against the Owner Participant, EME Participant or Midwest the Facility Lessee or any other Person or to pursue such claim in such manner as Midwest, EME the Facility Lessee or the Owner Participant shall deem appropriate, or to require Midwest, EME the Facility Lessee or the Owner Participant to pay the same obligation more than once.