Common use of SET-OFF RIGHTS Clause in Contracts

SET-OFF RIGHTS. The State and the Fund shall have all of its common law, equitable and statutory rights of set-off. These rights shall include, but not be limited to, the State's and the Fund’s option to withhold for the purposes of set-off any moneys due to the Contractor under this contract up to any amounts due and owing to the State and the Fund with regard to this contract, any other contract with any State department or agency, including any contract for a term commenc­ing prior to the term of this contract, plus any amounts due and owing to the State and the Fund for any other reason including, without limitation, tax delinquencies, fee delinquencies or monetary penalties relative thereto. The State and the Fund shall exercise its set-off rights in accordance with normal State and Fund practices including, in cases of set-off pursuant to an audit, the finalization of such audit by the State, the Fund, its representatives, or the State Comptroller.

Appears in 3 contracts

Samples: Construction Contract, Construction Management Agreement, Construction Contract

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SET-OFF RIGHTS. The State and the Fund shall have all of its common law, equitable and statutory rights of set-off. These rights shall include, but not be limited to, the State's and the Fund’s option to withhold for the purposes of set-off any moneys due to the Contractor under this contract up to any amounts due and owing to the State and the Fund with regard to this contract, any other contract with any State department or agency, including any contract for a term commenc­ing commencing prior to the term of this contract, plus any amounts due and owing to the State and the Fund for any other reason including, without limitation, tax delinquencies, fee delinquencies or monetary penalties relative thereto. The State and the Fund shall exercise its set-off rights in accordance with normal State and Fund practices including, in cases of set-off pursuant to an audit, the finalization of such audit by the State, the Fund, its representatives, or the State Comptroller.

Appears in 3 contracts

Samples: Construction Contract, Consultant Agreement, Consultant Agreement

SET-OFF RIGHTS. The State and the Fund shall have all of its common law, equitable and statutory rights of set-off. These rights shall include, but not be limited to, the State's ’s and the Fund’s option to withhold for the purposes of set-set- off any moneys due to the Contractor under this contract up to any amounts due and owing to the State and or the Fund with regard to this contract or any other Fund contract, as well as any other contract with any State department or agency, including any contract for a term commenc­ing commencing prior to the term of this contract, plus any amounts due and owing to the State and or the Fund for any other reason including, without limitation, tax delinquencies, fee delinquencies or monetary penalties relative thereto. The State and the Fund shall exercise its their set-off rights in accordance with normal State and Fund practices including, in cases of set-off pursuant to an audit, the finalization of such audit by the State, the Fund, its representatives, or the State Comptroller.

Appears in 2 contracts

Samples: Consultant Agreement, Consultant Agreement

SET-OFF RIGHTS. The State and the Fund shall have all of its common law, equitable and statutory rights of set-set- off. These rights shall include, but not be limited to, the State's and the Fund’s option to withhold for the purposes of set-off any moneys due to the Contractor under this contract up to any amounts due and owing to the State and the Fund with regard to this contract, any other contract with any State department or agency, including any contract for a term commenc­ing commencing prior to the term of this contract, plus any amounts due and owing to the State and the Fund for any other reason including, without limitation, tax delinquencies, fee delinquencies or monetary penalties relative thereto. The State and the Fund shall exercise its set-off rights in accordance with normal State and Fund practices including, in cases of set-set- off pursuant to an audit, the finalization of such audit by the State, the Fund, its representatives, or the State Comptroller.

Appears in 2 contracts

Samples: Construction Management Agreement, Construction Management Agreement

SET-OFF RIGHTS. The State and the Fund shall have all of its common law, equitable and statutory rights of set-off. These rights shall include, but not be limited to, the State's ’s and the Fund’s option to withhold for the purposes of set-set- off any moneys due to the Contractor under this contract up to any amounts due and owing to the State and or the Fund with regard to this contract or any other Fund contract, as well as any other contract with any State department or agency, including any contract for a term commenc­ing commenc¬ing prior to the term of this contract, plus any amounts due and owing to the State and or the Fund for any other reason including, without limitation, tax delinquencies, fee delinquencies or monetary penalties relative thereto. The State and the Fund shall exercise its their set-off rights in accordance with normal State and Fund practices including, in cases of set-off pursuant to an audit, the finalization of such audit by the State, the Fund, its representatives, or the State Comptroller.

Appears in 1 contract

Samples: Consultant Agreement

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SET-OFF RIGHTS. The State and the Fund shall have all of its common law, equitable and statutory rights of set-off. These rights shall include, but not be limited to, the State's and the Fund’s option to withhold for the purposes of set-off any moneys due to the Contractor under this contract up to any amounts due and owing to the State and the Fund with regard to this contract, any other contract with any State department or agency, including any contract for a term commenc­ing prior to the term of this contract, plus any amounts due and owing to the State and the Fund for any other reason including, without limitation, tax delinquencies, fee delinquencies or monetary penalties relative thereto. The State and the Fund shall exercise its set-off rights in accordance with normal State and Fund practices including, in cases of set-off pursuant to an audit, the finalization of such audit by the State, State the Fund, its representatives, or the State Comptroller.

Appears in 1 contract

Samples: Consultant Agreement

SET-OFF RIGHTS. The State and the Fund shall have all of its common law, equitable and statutory rights of set-off. These rights shall include, but not be limited to, the State's ’s and the Fund’s option to withhold for the purposes of set-off any moneys due to the Contractor under this contract up to any amounts due and owing to the State and or the Fund with regard to this contract or any other Fund contract, as well as any other contract with any State department or agency, including any contract for a term commenc­ing commencing prior to the term of this contract, plus any amounts due and owing to the State and or the Fund for any other reason including, without limitation, tax delinquencies, fee delinquencies or monetary penalties relative thereto. The State and the Fund shall exercise its their set-off rights in accordance with normal State and Fund practices including, in cases of set-off pursuant to an audit, the finalization of such audit by the State, the Fund, its representatives, or the State Comptroller.

Appears in 1 contract

Samples: Construction Contract

SET-OFF RIGHTS. The State and the Fund shall have all of its common law, equitable and statutory rights of set-off. These rights shall include, but not be limited to, the State's ’s and the Fund’s option to withhold for the purposes of set-off any moneys due to the Contractor under this contract up to any amounts due and owing to the State and or the Fund with regard to this contract or any other Fund contract, as well as any other contract with any State department or agency, including any contract for a term commenc­ing commenc¬ing prior to the term of this contract, plus any amounts due and owing to the State and or the Fund for any other reason including, without limitation, tax delinquencies, fee delinquencies or monetary penalties relative thereto. The State and the Fund shall exercise its their set-off rights in accordance with normal State and Fund practices including, in cases of set-off pursuant to an audit, the finalization of such audit by the State, the Fund, its representatives, or the State Comptroller.

Appears in 1 contract

Samples: Program Study Agreement

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