Common use of Preservation of Rights of the Non-Defaulting Party Clause in Contracts

Preservation of Rights of the Non-Defaulting Party. The rights of the Non-Defaulting Party under this Agreement, including without limitation Sections 5.4 and 5.5, shall be supplemental to, and not in lieu of, any right of recoupment, lien, or set-off afforded by applicable law, and all such rights are expressly preserved for the benefit of the Non-Defaulting Party.

Appears in 3 contracts

Samples: Forward Contract (Dynegy Inc /Il/), Supplier Forward Contract, Guaranty (Dynegy Inc /Il/)

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Preservation of Rights of the Non-Defaulting Party. The rights of the Non-Defaulting Party under this Agreement, including without limitation Sections 5.4 9.3 and 5.5, 9.4 shall be supplemental to, and not in lieu of, any right of recoupment, lien, or set-off setoff afforded by applicable lawRequirements of Law, and all such rights are expressly preserved for the benefit of the Non-Defaulting Party.

Appears in 2 contracts

Samples: Credits Sale and Purchase Agreement, Credits Sale and Purchase Agreement

Preservation of Rights of the Non-Defaulting Party. The rights of the Non-Non- Defaulting Party under this Agreement, including without limitation Sections 5.4 9.3 and 5.5, 9.4 shall be supplemental to, and not in lieu of, any right of recoupment, lien, or set-off afforded by applicable lawRequirements of Law, and all such rights are expressly preserved for the benefit of the Non-Defaulting Party.

Appears in 2 contracts

Samples: Purchase and Sale Agreement, Energy Credits Purchase and Sale Agreement

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Preservation of Rights of the Non-Defaulting Party. The rights of the Non-Defaulting Party under this Agreement, including without limitation Sections ARTICLE 4: 5.4 and ARTICLE 5: ,5.5, shall be supplemental to, and not in lieu of, any right of recoupment, lien, or set-off afforded by applicable law, and all such rights are expressly preserved for the benefit of the Non-Defaulting Party.

Appears in 1 contract

Samples: Supplier Forward Contract

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