Right of Off-Set. In addition to any other rights that we may have, you agree that any deposits or future deposits in or other credits to any account in which you may now or in the future may have an interest are subject to our right of off-set for any liabilities, obligations, or other amounts owed to us by you (e.g., overdrafts and any related fees and charges) and such is applicable irrespective of any contribution to the account or source of funds in the account. Moreover, unless you opt-out of the Courtesy Pay Service (see below), you consent and expressly agree that the application of an off-set of funds in any account includes the off-set of government benefits (such as Social Security and other public benefit funds) deposited to the account from which the overdraft or related fees are paid. Each person who causes an overdraft, which is paid by us, is a maker and agrees to be individually and jointly obligated to repay the unpaid negative balance in accordance with the terms and conditions of this Courtesy Pay and Overdraft Disclosure. We reserve the right to limit the Courtesy Pay Service to one (1) account per household or member. Default – You will be in default under the terms of this Courtesy Pay and Overdraft Disclosure if you fail to live up to any of the terms and conditions set forth herein or you are in default on any loan obligation with us and/or a negative balance exists in any other deposit account with us on which you are an owner. If you are in default, in addition to any other rights we may have, we may temporarily suspend or terminate the Courtesy Pay Service or close your checking account and demand immediate payment of the entire unpaid negative balance. You also agree to pay any collection costs, attorneys’ fees, and court costs which we or you shall or may incur as a result of your default. We may terminate or suspend the Courtesy Pay Service at any time without prior notice. In no event shall any termination relieve you of your obligation to repay such sums already overdrafted, overdraft fees, collection costs, and attorneys’ fees, if any. We can delay enforcing any of our rights under this Agreement without losing them. Your Right to Opt-Out of the Courtesy Pay Service – If you prefer not to have the Courtesy Pay Service, please telephone us at (000) 000-0000 or (000) 000-0000, Monday - Tuesday from 8 a.m. - 5 p.m., Wednesday from 9 a.m. - 5 p.m., Thursday, 8 a.m. - 5 p.m., Friday, 8 a.m. - 6 p.m., or Saturday, 8 a.m. - 1 p.m., PT. and we will...
Right of Off-Set. With respect to any amount that (i) should be reimbursed to a Party under this Agreement or an Order, or (ii) is otherwise payable to a Party under this Agreement or an Order, such Party may, upon notice to the other Party, deduct the entire amount owed to such Party from the Services Costs otherwise payable or expenses owed to the other Party pursuant to this Agreement or the applicable Order. The rights granted under this Paragraph shall not apply to amounts relating to services provided by third parties relative to Provider’s provision of Services. Any credits due Company that are not applied against Provider’s invoices or that are due to Provider by Company shall be paid to within thirty (30) days after receipt of written request for such payment.
Right of Off-Set. To the extent Roche has incurred expenses in connection with a Claim for which it is entitled to indemnification pursuant to Section 9.1.1 or 9.2 of this Agreement and/or the Co-Promotion and Distribution Agreement between Dexcom, Inc. and Roche Insulin Delivery Systems, Inc., effective as of September 22, 2011, and Dexcom has not reimbursed such expenses, Roche shall have the right to immediately stop paying any Service Fees and Milestone Payments due to Dexcom under this Agreement or an applicable Statement of Work until Dexcom has fully indemnified the Roche Indemnitees.
Right of Off-Set. In addition to any other rights that we may have, you agree that any deposits or future deposits in or other credits to any account in which you may now or in the future may have an interest are subject to our right of off-set for any liabilities, obligations, or other amounts owed to us by you (e.g. overdrafts and any related fees and charges) and such is applicable irrespective of any contribution to the account or source of funds in the account. Moreover, unless you opt-out of the PayAssure Service (see below), you consent and expressly agree that the application of an offset of funds in any account includes the offset of government benefits (such as Social Security and other public benefit funds) deposited to the account from which the overdraft or related fees are paid. Each person who causes an overdraft, which is paid by OMSEFCU, is a maker and agrees to be individually and jointly obligated to repay the unpaid negative balance in accordance with the terms and conditions of this Agreement.
Right of Off-Set. If Purchaser reasonably believes it is entitled to indemnification under this Agreement, it shall be entitled to the right of offset against amounts owing by it under the Promissory Note in accordance with the following terms and provisions: Purchaser shall promptly notify Seller of the matter for which it seeks indemnification and shall specify in reasonable detail the facts and circumstances thereof and a good faith estimate of the Damages occasioned thereby. Seller shall have ten (10) days from the receipt of Purchaser's notice in which to cure the circumstance giving rise to the Damages and provide evidence of such cure to the Purchaser. If the -19- circumstance is not cured within the ten day period, Purchaser shall have the immediate right to deposit the monthly payment due and payable pursuant to the Promissory Note into an escrow account at a bank mutually acceptable to the parties to be held and invested pursuant to a mutually agreeable escrow agreement. Monthly payments into said escrow account shall continue until the amount of the Damages specified in Purchaser's notice is equal to the balance of said escrow account, at which time payments to Seller under the Promissory Note shall resume as originally contemplated. In the event the Purchaser's claim for indemnification is disputed by Seller, such dispute shall be resolved by the provisions of Section 9.15. If it is ultimately determined that Purchaser's claim for indemnification was improper, the escrowed funds and earnings thereon shall be distributed to Seller. If it is ultimately determined that Purchaser's claim for indemnification was proper, the escrowed funds and earnings thereon shall be distributed to Purchaser.
Right of Off-Set. You agree that the Credit Union at all times retains the common law equitable right to off set against shares with regard to any debt or obligation owed to us individually or otherwise, which right may be exercised by us without legal process or notice to any account owner.
Right of Off-Set. In the event a Company account becomes overdrawn, the Company agrees that the amount of the deficit balance shall be immediately due and payable to FI and that the FI may offset the amount of the deficit balance against the balance of any of the Company’s Accounts with FI, and may also exercise any rights that the FI may have under any agreements granting the FI security for the payment of liabilities or obligations of the Company to FI.
Right of Off-Set. In addition to any other rights that you may have, I agree that any deposits or future deposits in or other credits to any account in which I may now or in the future may have an interest are subject to your right of off-set for any liabilities, obligations, or other amounts owed to you by me (e.g., overdrafts and any related fees and charges) and such is applicable irrespective of any contribution to the account or source of funds in the account. Moreover, unless I "opt-out" of the service (see below), I consent and expressly agree that the application of an off-set of funds in any account includes the off-set of government benefits (such as Social Security and other public benefit funds) deposited to the account from which the overdraft or related fees are paid.
Right of Off-Set. In addition to any other rights or remedies which Agency may be entitled to exercise (under this Agreement or otherwise), all of which rights and remedies are cumulative, Agency shall be entitled to off-set any amount payable (under this Agreement or otherwise) by Agency to Producer, or any successor or assign of Producer, against any amount determined by Agency to be payable (under this Agreement or otherwise) to Agency by Producer or any successor or assign of Producer.
Right of Off-Set. Purchaser shall have the right to offset against any Contingent Payments due Seller, any losses incurred or amounts paid by Purchaser with respect to obligations against which Seller's and Shareholders, jointly and severally, have indemnified Purchaser under Subsection 14.1 hereof.
