Common use of Set-Off in Lieu of Separate Compensation Clause in Contracts

Set-Off in Lieu of Separate Compensation. Buyer or SFX may, at any time, elect to set off any amounts payable by Seller or the Signing Partners pursuant to this Agreement against any amount set forth in Section 3.1 or any other amounts payable by Buyer or SFX to the Signing Partners or to Seller. If Buyer or SFX elects such set-off with respect to any amount payable by the Signing Partners, Buyer or SFX shall deliver, along with or prior to such payment by Buyer or SFX, a written notice of such set-off and the amount and nature thereof. Such set-off shall be in lieu of Buyer's or SFX's right to receive indemnification or other compensation from Seller or the Signing Partners for any amounts set off, but shall not affect the parties' right to receive any other payments due under this Agreement.

Set-Off in Lieu of Separate Compensation. Buyer or SFX may, at any time, elect to set off any amounts payable by Seller or the Signing Partners Stockholders pursuant to this Agreement against any amount set forth in Section 3.1 or any other amounts payable by Buyer or SFX to the Signing Partners Stockholders or to Seller. If Buyer or SFX elects such set-off with respect to any amount payable by the Signing PartnersStockholders, Buyer or SFX shall deliver, along with or prior to such payment by Buyer or SFX, a written notice of such set-off and the amount and nature thereof. Such set-off shall be in lieu of Buyer's or SFX's right to receive indemnification or other compensation from Seller or the Signing Partners Stockholders for any amounts set off, but shall not affect the parties' right to receive any other payments due under this Agreement.