SETOFFS AND COUNTERCLAIMS. Without limiting Guarantor’s own defenses and rights hereunder, Guarantor reserves to itself all rights, setoffs, counterclaims and other defenses to which Counterparty or any other affiliate of Guarantor is or may be entitled to arising from or out of the Contract or otherwise, except for defenses arising out of the bankruptcy, insolvency, dissolution or liquidation of Counterparty.
SETOFFS AND COUNTERCLAIMS. Without limiting Guarantor’s own defenses and rights hereunder, Guarantor reserves to itself all rights, setoffs, counterclaims and other defenses to which Enron or any other affiliate of Guarantor is or may be entitled to arising from or out of the Contract or otherwise, except for defenses arising out of the bankruptcy, insolvency, dissolution or liquidation of Enron.
SETOFFS AND COUNTERCLAIMS. Without limiting Guarantor’s own defenses and rights hereunder, Guarantor reserves to itself all rights, setoffs, counterclaims and other defenses to which Seller or any other affiliate of Guarantor is or may be entitled to arising from or out of the Agreement or otherwise, except for defenses arising out of the bankruptcy, insolvency, dissolution or liquidation of Seller, the lack of power or authority of Seller to enter into, amend and/or perform the Agreement, or waiver or consent with respect to any provision thereof, or a claim as to the Agreement’s validity regularity or enforceability, or any similar circumstance which might otherwise constitute a legal or equitable discharge or defense of a guarantor generally.
SETOFFS AND COUNTERCLAIMS. Without limiting the Guarantor’s own defenses and rights hereunder, the Guarantor reserves to itself all rights, setoffs, counterclaims and other defenses to which the SSO Supplier is or may be entitled arising from or out of the Agreement, except for defenses arising out of bankruptcy, insolvency, dissolution or liquidation of the SSO Supplier.
SETOFFS AND COUNTERCLAIMS. Except as otherwise provided herein, each Party reserves to itself all rights, set-offs, counterclaims, and other remedies and/or defenses which that Party is or may be entitled to arising from or out of this Agreement or as otherwise provided by law.
SETOFFS AND COUNTERCLAIMS. All claims for moneys due or to become due from Buyer are subject to deduction to Buyer for any setoff or counterclaim arising out of this Purchase Agreement or any other agreement between Buyer and Seller.
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. Guarantor reserves to itself all defenses which Company is entitled to under the Guaranteed Contracts, except for defenses waived in this Guaranty and except for any defenses arising out of or related to the bankruptcy, insolvency, dissolution or liquidation of Company or the power or authority of Company to enter into the Guaranteed Contracts or to perform its Obligations thereunder, or any lack of validity or enforceability of the Guaranteed Contracts, the Obligations or any other documents executed in connection with the Guaranteed Contracts.
SETOFFS AND COUNTERCLAIMS. Guarantor reserves to itself all rights, setoffs, counterclaims and other defenses to which ENA is or may be entitled to arising from or out of the Contracts, except for defenses arising out of the bankruptcy, insolvency, dissolution or liquidation of ENA.
SETOFFS AND COUNTERCLAIMS. Each party hereto reserves to itself all rights, set-offs, credits, claims, counterclaims, recoupment and other remedies and/or defenses (collectively, “Set-off”) which it is or may be entitled to arising from or out of this Agreement or as otherwise provided by law. Furthermore, each party hereto, whether performing or non-performing, or breaching or non-breaching, shall be entitled to Set-off (disregarding whether a party breached first or defaulted first) in connection with any payment or in the performance of any obligations under or in connection with this Agreement or termination of this Agreement.
