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 Borrowers hereby grant to the Bank a lien on and security interest in any and all deposits or other sums at any time credited by or due from the Bank to the Borrowers, whether in regular or special depository accounts or otherwise, and any and all monies, securities and other property of the Borrowers, and the proceeds thereof, now or hereinafter held or received by or in transit to the Bank from or for the Borrowers, 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 Bank 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 Bank 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.
SET-OFF PROVISION. Notwithstanding any other provisions of this Lease to the contrary, the Parties hereby expressly agree that Landlord may at any time and from time to time during the Term of this Lease set off from any sum or amount due and owing to Tenant from Landlord at times and from time to time any and all sums and amounts that may at such time be owed to Landlord by Tenant in any way arising out of, related to or connected with this Lease, the Premises or any of Tenant’s covenants or other obligations or liabilities related to any of the same, and Xxxxxx agrees that any and all amounts due and owing to Tenant shall be reduced by such amount. The provisions of this Section 17.07 are sometimes referred to in this Lease as the “Set- Off Provision”.
