Common use of Witholding Clause in Contracts

Witholding. Notwithstanding any provision to the contrary contained in this Agreement, if the Set-Off provision in (i) above is found to be unenforceable by a court of competent jurisdiction, then the Non-defaulting Party shall not be required to pay to the Defaulting Party any Termination Payment until the Non-defaulting Party receives confirmation satisfactory to it in its reasonable discretion (which may include an opinion of its counsel) that all other obligations of any kind whatsoever of the Defaulting Party to make any payments to the Non-defaulting Party under this PPA or otherwise (including, without limitation, any other Fixed Price Customer Supply Contracts) which are due and payable as of the Early Termination Date have been fully and finally performed.”