Payment; Set-Off. The City may withhold sums due to Vendor hereunder and apply such sum against Vendor’s obligations to its suppliers or sub-contractors in relation to this Agreement or as a set off for any damaged or defective Goods and Services not supplied in accordance with the terms hereof.
Payment; Set-Off. (a) Subject to Section 9.5(b), the Sellers shall pay any Losses owing to the Trulieve Indemnitees pursuant to Section 9.1 in cash.
Payment; Set-Off. Notwithstanding the payment requirements set forth in this Article 10, PREPA shall have the right to set off any amounts due and owing to PREPA by Resource Provider pursuant to this Agreement, but which remain unpaid, against the amounts due and owing to Resource Provider by PREPA, provided that (i) such amounts are undisputed, have been determined to be owed to PREPA by a final determination pursuant to Section 21.11 (Dispute Resolution), or are explicitly described in this Agreement, and (ii) PREPA has provided Resource Provider with five (5) Business Days’ advance written notice describing in reasonable detail the amounts that PREPA will set off before effecting any such set off.
Payment; Set-Off. The City may withhold sums due to Consultant hereunder and apply such sum against Consultant’s obligations to its suppliers or sub-consultants in relation to this Agreement or as a set off for any deficient Services or Services otherwise not performed in accordance with the terms hereof.
Payment; Set-Off. (a) The Company will take reasonable steps to procure the Advertiser’s prompt payment of advertising revenues due under The Company’s agreement with the Advertiser.
Payment; Set-Off. 7.1 Unless agreed otherwise payment shall be effected only after performance and/or delivery in accordance with the terms of the Agreement and receipt of an auditable and verifiable invoice by BMW, which shall include the BMW Purchase Order Number, Supplier Number and VAT number (“Auditable Invoice”). For the calculation of payment due dates, deliveries carried out prior to the agreed delivery dates shall be deemed to have been received on the agreed delivery dates.
Payment; Set-Off. All amounts due hereunder shall be paid upon demand. Teltran may set off against the delivery of any Teltran Shares to be delivered to Shareholder hereunder any amounts unpaid hereunder and undisputed. If Shareholder disputes the payment of any amount claimed hereunder in writing within ten (10) days after demand then, in addition to any other remedies, Teltran shall cause the Escrow Agent by notice to withhold delivery of any such Shares until resolution of any dispute. The parties shall promptly proceed to resolve such dispute. In the event any dispute herein is litigated, the losing party shall bear all costs of litigation including reasonable attorneys' fees, and costs of experts.
Payment; Set-Off. (a) In the event the Company is obligated to make any payment to the Indemnified Parties in respect of the indemnity granted pursuant to Section 7.2 or this Article IX, the Company shall be permitted to satisfy such obligation (i) through the payment of cash; (ii) by delivering from the escrow a number of Escrow Shares or other property of value held therein, in each case, as calculated in accordance with the terms of the Escrow Agreement; or (iii) by delivering other shares of Parent Common Stock.
Payment; Set-Off. No Teltran Shares shall be delivered out of Escrow until all claims have been settled. If the Shareholders disputes the payment of any amount claimed hereunder in writing within fifteen (15) days after demand the parties shall promptly proceed to resolve such dispute. In the event any dispute herein is litigated, the losing party shall bear all costs of litigation including reasonable attorneys' fees, and costs of experts. Interest on any improperly withheld amount by either party shall accrue at prime rate. If Teltran has any claim which is finally determined (whether by agreement or a final nonappealable order of a court of competent jurisdiction) against the Shareholders (whether individually or collectively) under the Agreement entitling it indemnity in satisfaction of such claim, then such claim should first be paid out of the assets held by the Escrow Agent in or towards satisfaction of such claim the Escrow Agent shall first pay any cash entitlement of such Shareholder held by the Escrow Agent to Teltran and, if the claim is not thereby satisfied in full it shall sell on the open market sufficient number of such Shareholder or Shareholders' entitlement to Teltran Shares as is required to satisfy such claim and shall upon receipt of the proceeds thereof apply them in or towards satisfaction of such claim.
Payment; Set-Off. Notwithstanding any other rights the Seller may have at contract or at law, the Buyer and the Seller hereby agree that should any amount (whether under this Agreement or under any other agreement between the Buyer and the Seller and whether at the stated maturity of such amount, by acceleration or otherwise) become due and payable by the Buyer or its Affiliates, and not be paid in full in immediately available funds on the date due, then the Seller will have the right to debit and apply, in whole or in part, the unused amount of any credit made available by the Seller to the Buyer against such unpaid amount. The Seller will promptly notify the Buyer in writing after such debiting and application.
