Common use of SETOFFS AND COUNTERCLAIMS Clause in Contracts

SETOFFS AND COUNTERCLAIMS. Without limiting Guarantor's own defenses and rights hereunder, and except as specifically set forth in Section 9 hereof, Guarantor reserves to itself all rights, setoffs, counterclaims and other defenses to which EPOS is or may be entitled to arising from or out of the Agreement, (except those set-offs or counterclaims arising out of the bankruptcy, insolvency, reorganization, moratorium, conservatorship, receivership or similar laws relating to creditors’ rights generally, or any proceedings thereunder, in respect of or in relation to EPOS or any of its assets) until such time (if any) as such set-off is disproved or judgment is given against such counterclaim.

SETOFFS AND COUNTERCLAIMS. Without limiting Guarantor's own defenses and rights hereunder, and except as specifically set forth in Section 9 hereof, Guarantor reserves to itself all rights, setoffs, counterclaims and other defenses to which EPOS the Company is or may be entitled to arising from or out of the Agreement, (except those set-offs or counterclaims arising out of the bankruptcy, insolvency, reorganization, moratorium, conservatorship, receivership or similar laws relating to creditors’ rights generally, or any proceedings thereunder, in respect of or in relation to EPOS the Company or any of its assets) until such time (if any) as such set-off is disproved or judgment is given against such counterclaim.