Offset Provisions. 1. THE CONTRACTOR agrees that the Commonwealth may set off the amount of any state tax liability or other debt of THE CONTRACTOR or its subsidiaries that is owed to the Commonwealth and not being contested on appeal against any payments due THE CONTRACTOR under this or any other agreement with the Commonwealth.
Offset Provisions. Lessee acknowledges and accepts the provisions of Chapter 18, Section 14 of the Charter of the City of Phoenix, pertaining to claims or demands against the City, including provisions therein for set-off of indebtedness to the City against demands on the City, which require that no payment be made to Lessee as long as there is any outstanding liquidated undisputed obligation due to the City and direct that any such obligations be offset against any payment due Lessee. Lessee agrees to adhere to the prescribed procedure for presentation of claims and demands. Nothing in Chapter 18, Section 14 of the Charter of the City of Phoenix alters, amends or modifies the supplemental and complementary requirements of the State of Arizona Notice of Claim statutes, Arizona Revised Statutes (A.R.S.) §§ 12-821 and 12- 821.01, pertaining to claims or demands against the City. If for any reason it is determined Moreover, nothing in this Lease shall constitute a dispute resolution process, an administrative claims process, or contractual term as used in A.R.S. § 12-821.01(C), sufficient to affect the date on which the cause of action accrues within A.R.S. § 12-821.01(A) and (B).
Offset Provisions. Notwithstanding any other provisions of this Agreement, in the event, between the Closing Date and the date the Bonus Payment is paid, the Seller Indemnifying Parties becomes obligated to pay sums to Purchaser or any Purchaser Indemnified Party under this Agreement or any of the documents or agreements referenced herein or contemplated hereby (whether as a result of indemnity, breach of contract or otherwise), Purchaser shall have the right to and shall be obligated to reduce and offset payments due on the Bonus Payment in such amount or amounts as Purchaser (and any Purchaser Indemnified Party that is not promptly paid by the Seller Indemnifying Parties) is entitled to receive from the Seller Indemnifying Parties, and any such offset shall be deemed to be a payment of the Bonus Payment to the extent of such offset; provided, however, that any such offset shall not relieve the Seller Indemnifying Parties from paying all amounts that are due in excess of the amount offset. Prior to any offset under this Section 13.9, Purchaser shall have provided to the Seller Indemnifying Parties a notice of Purchaser Claim as 41 49 described in Section 13.3 or an otherwise reasonably detailed description of the matter giving rise to such offset.
Offset Provisions. Contractor agrees that Licensee may set off the amount of any state tax liability or other obligation of Contractor or its subsidiaries to the Commonwealth against any payments due Contractor under this or any other contract with the Commonwealth.
Offset Provisions. From time to time, the Floor Plan Borrowers may establish one or more general ledger accounts with the Swing Line Bank (collectively, the “Offset Accounts”) into which payments may be made and other funds may be deposited (the aggregate amount of such payments and funds credited to the Offset Accounts at any time herein referred to as the “Offset Amount”). At any time the Floor Plan Borrowers have established one or more Offset Accounts and any Offset Amount is credited to such Offset Accounts, solely for purposes of calculating interest pursuant to paragraph (d) above, for each day for which interest is to be calculated hereunder:
Offset Provisions. 27.6.1 Lessee acknowledges and accepts the provisions of Chapter 18, Section 14 of the Charter of the City of Phoenix, pertaining to claims or demands against the City, including provisions therein for set-off of indebtedness to the City against demands on the City, which require that no payment be made to Lessee as long as there is any outstanding liquidated undisputed obligation due to the City and direct that any such obligations be offset against any payment due Lessee.
Offset Provisions. 1. BL agrees that the Commonwealth may set off the amount of any state tax liability or other debt of BL or its subsidiaries that is owed to the Commonwealth and not being contested on appeal against any payments due BL under this or any other agreement with the Commonwealth.
Offset Provisions. 1. CN agrees that the Commonwealth may set off the amount of any state tax liability or other debt of CN or its subsidiaries that is owed to the Commonwealth and not being contested on appeal against any payments due CN under this or any other agreement with the Commonwealth.
Offset Provisions. 1. G&H Xxxxxxxx Excavating, LLC agrees that the Commonwealth may set off the amount of any state tax liability or other debt of G&H Xxxxxxxx Excavating, LLC or its subsidiaries that is owed to the Commonwealth and not being contested on appeal against any payments due G&H Xxxxxxxx Excavating, LLC under this or any other agreement with the Commonwealth.
Offset Provisions. From time to time, the Floor Plan Borrowers may establish one or more general ledger accounts with the Swing Line Bank (collectively, the “Offset Accounts”) into which payments may be made and other funds may be deposited (the aggregate amount of such payments and funds credited to the Offset Accounts at any time herein referred to as the “Offset Amount”). At any time the Floor Plan Borrowers have established one or more Offset Accounts and any Offset Amount is credited to such Offset Accounts, solely for purposes of calculating interest pursuant to paragraphs (d) and (e) above, for each day for which interest is to be calculated hereunder, (i) the portion of the outstanding Swing Line Loans that is equal to the Offset Amount on such day (but not to exceed the Used Vehicle Borrowing Base) shall be deemed to be Used Vehicle Swing Line Loans and the remaining portion of such outstanding Swing Line Loans shall be deemed to be New Vehicle Swing Line Loans, (ii) after giving effect to the provisions of clause (i), the principal amount of such Used Vehicle Swing Line Loans shall be reduced by the Offset Amount on such day and, in the event the Offset Amount for such day exceeds the Used Vehicle Borrowing Base, the principal amount of New Vehicle Swing Line Loans shall be reduced by the amount of such excess (but in no event shall the principal amount of all outstanding Swing Line Loans be reduced to an amount that is less than zero), and (iii) the portion of the outstanding Floor Plan Loans that is equal to the excess of (A) the Used Vehicle Borrowing Base, over (B) the Offset Amount on such day, shall be deemed to be Used Vehicle Floor Plan Loans and the remaining portion of the outstanding Floor Plan Loans shall be deemed to be Floor Plan Loans used to finance New Motor Vehicles, Demonstrators or Rental Motor Vehicles. On the first Business Day of each month and from time to time upon request by the Agent, the Swing Line Bank shall provide the then current Offset Amount as well as the requested historical amounts thereof to the Agent.
