Set-off and Recoupment. The cash, investment property, security, instrument or other financial assets credited to a Collateral Account will not be subject to deduction, set-off, recoupment, banker’s lien, or other right in favor of a Person other than the Secured Party. However, the Financial Institution may set off (a) the customary fees and expenses for the routine maintenance and operation of the Collateral Account due to the Financial Institution, (b) the face amount of checks credited to the Collateral Account but subsequently returned unpaid due to uncollected or insufficient funds and (c) advances made to settle an investment of funds in the Collateral Account.
Set-off and Recoupment. The financial assets, money and other items credited to each Collateral Account will not be subject to deduction, set-off, recoupment, banker’s lien, or any other right in favor of any person other than the Secured Party. However, the Financial Institution may set off (a) all amounts due to the Financial Institution in respect of customary fees and expenses for the routine maintenance and operation of each Collateral Account, (b) the face amount of any checks which have been credited to a Collateral Account but are subsequently returned unpaid because of uncollected or insufficient funds and (c) any advances made in connection with the settlement of any investment made with respect to the Collateral Accounts.
Set-off and Recoupment. Any amount or amounts due from any ---------------------- Indemnifying Party to PQC under this Article VII may be paid to PQC, at PQC's option, by set-off or recoupment against any amounts due to the Indemnifying Party pursuant to this Agreement or pursuant to any agreement between the Indemnifying Party and PQC, Flagship or any of their respective affiliates. Any such set-off will be without prejudice to PQC's right to pursue any other remedies at law or in equity available to it.
Set-off and Recoupment. Without prejudice to Owner’s right to terminate this Agreement in accordance with the terms of this Agreement, and in addition to any other available remedies, Owner shall have the right of set- off and recoupment against amounts coming due to Design Professional under this Agreement, or any
Set-off and Recoupment. Bank may, at its option and at any time or times without prior notice to Borrower, set-off and apply toward payment of the Loan and other amounts now owing and amounts which may become owing by Borrower under the Loan Documents, and otherwise exercise its rights of recoupment, as to any and all (1) balances and deposits of Borrower held by Bank, (2) Indebtedness and other obligations at any time owing to or for the credit and account of Borrower by Bank and (3) Indebtedness and other obligations at any time owing to or for the credit and account of Borrower by any of Bank’s Affiliates.
Set-off and Recoupment. Without prejudice to Owner’s right to terminate this Agreement in accordance with the terms of this Agreement, and in addition to any other available remedies, Owner shall have the right of set- off and recoupment against amounts coming due to Design Professional under this Agreement, or any other agreement between the parties, in the event Design Professional breaches this Agreement or any right of indemnification arises in favor of Owner under this Agreement or any other agreement between the parties. Design Professional retains the right to lawfully contest any such set-off or recoupment in an action to collect any amounts due Design Professional under this Agreement, or other agreements between the parties. The inclusion of this special set-off or recoupment provision shall not affect the availability, if any, of rights of set-off or recoupment arising at law or in equity. The Design Professional By: (Signature) Owner Xxxxxxxx X. Xxxxxx Executive Vice President and Chief Financial Officer EXHIBIT ARB -- Rules of Arbitration F-1. APPLICABILITY These Modified Fast Track Rules ("MFTR") will apply to all arbitration proceedings under the Agreement, regardless of the amount in controversy. The MFTR will be applied as described herein, in addition to any other portion of the Construction Industry Arbitration Rules of the American Arbitration Association ("AAA") that are not in conflict with the Arbitration provisions of the General Conditions (Section 15.8, et seq.) and the MFTR.
Set-off and Recoupment. Without prejudice to Owner’s right to terminate this Agreement in accordance with the terms of this Agreement, and in addition to any other available remedies, Owner shall have the right of set- off and recoupment against amounts coming due to Design Professional under this Agreement, or any other agreement between the parties, in the event Seller breaches this Agreement or any right of indemnification arises in favor of Owner under this Agreement or any other agreement between the parties. Design Professional retains the right to lawfully contest any such set-off or recoupment in an action to collect any amounts due Design Professional under this Agreement, or other agreements between the parties. The inclusion of this special set-off or recoupment provision shall not affect the availability, if any, of rights of set-off or recoupment arising at law or in equity.
Set-off and Recoupment. 5.1 In addition to any right of set-off or recoupment provided by law, all amounts due to Seller shall be considered net of indebtedness or obligations of Seller and its subsidiaries and affiliates to Buyer and its subsidiaries and affiliates. Buyer and its subsidiaries and affiliates shall have the right to set-off against or recoup from any payment or other obligation owed to Seller, in whole or in part, any amounts due to Buyer or its affiliates or subsidiaries from Seller or its affiliates and subsidiaries, however and whenever arising. Buyer may do so without notice to Seller or its subsidiaries and affiliates. If any obligations of Seller or its subsidiaries or affiliates to Buyer or its subsidiaries or affiliates are disputed, contingent or unliquidated, Buyer may defer payment of amounts due until such obligations are resolved.
Set-off and Recoupment. The financial assets, money and other items credited to each Pledged Account will not be subject to deduction, set-off, recoupment, banker’s lien, or any other right in favor of any person other than the Secured Party.
Set-off and Recoupment. The financial assets, money and other items credited to the Collateral Account will not be subject to deduction, set-off, recoupment, banker's lien, or any other right in favor of any person other than the Secured Party; provided, however, the Financial Institution may set off (i) all amounts due to the Financial Institution in respect of customary fees and expenses for the routine maintenance and operation of the Collateral Account and (ii) the face amount of any checks which have been credited to the Collateral Account but are subsequently returned unpaid because of uncollected or insufficient funds).
