Common use of OVERPAYMENT/OFFSET Clause in Contracts

OVERPAYMENT/OFFSET. If Hastings makes any overpayment to Contractor for any reason or if Contractor is indebted to Hastings for any reason, Contractor shall pay Hastings for such overpayment or indebtedness on demand, or at Hastings’ election, Hastings may deduct and retain for Hastings’ own account an amount equal to all or any part of such overpayment or indebtedness from any sums that may be due or become due or payable by Hastings to Contractor, and such deduction or retention shall not be construed as a breach by Hastings; provided, however, that Hastings shall provide Contractor written notice prior to making any such deductions.

OVERPAYMENT/OFFSET. If Hastings Xxxxxxxx makes any overpayment to Contractor for any reason or if Contractor is indebted to Hastings for any reason, Contractor shall pay Hastings for such overpayment or indebtedness on demand, or at Hastings’ election, Hastings may deduct and retain for HastingsXxxxxxxx’ own account an amount equal to all or any part of such overpayment or indebtedness from any sums that may be due or become due or payable by Hastings Xxxxxxxx to Contractor, and such deduction or retention shall not be construed as a breach by HastingsXxxxxxxx; provided, however, that Hastings Xxxxxxxx shall provide Contractor written notice prior to making any such deductions.

OVERPAYMENT/OFFSET. If Hastings Xxxxxxxx makes any overpayment to Contractor for any reason or if Contractor is indebted to Hastings for any reason, Contractor shall pay Hastings for such overpayment or indebtedness on demand, or at Hastings’ election, Hastings may deduct and retain for Hastings’ own account an amount equal to all or any part of such overpayment or indebtedness from any sums that may be due or become due or payable by Hastings Xxxxxxxx to Contractor, and such deduction or retention shall not be construed as a breach by HastingsXxxxxxxx; provided, however, that Hastings Xxxxxxxx shall provide Contractor written notice prior to making any such deductions.