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/)
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
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