SET-OFF PROVISION. In the event Seller shall fail in any way to perform under this Agreement, Buyer may offset, as appropriate, any performance or payment due by Buyer under this Agreement or any other agreement between the parties.
SET-OFF PROVISION. As security for the due payment and performance of all the Obligations, the Borrowing Group hereby grant to the Banks a lien on and security interest in any and all deposits or other sums at any time credited by or due from the Banks to the Borrowing Group, whether in regular or special depository accounts or otherwise, and any and all monies, securities and other property of the Borrowing Group, and the proceeds thereof, now or hereinafter held or received by or in transit to the Banks from or for the Borrowing Group, whether for safekeeping, custody, pledge, transmission, collection or otherwise, and any such deposits, sums, monies, securities and other property, may at any time after the occurrence and during the continuance of any Event of Default be set-off, appropriated and applied by the Banks against any of the Obligations, whether or not any of such Obligations is then due or is secured by any collateral, or, if it is so secured, whether or not the collateral held by the Banks is considered to be adequate.
SET-OFF PROVISION. In the event Seller shall fail in any way to perform hereunder, Buyer may offset, as appropriate, any performance or payment due by Buyer under this or any other agreement between the parties. Additionally, Seller’s failure to issue its invoice withing thirty (30) days of service shall render the invoice null and void and Buyer’s obligation to pay said invoice is in Buyer’s sole discretion.
