Template:GMSLA 2010 11.8: Difference between revisions
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:{{gmslaprov|11.8}}. '''{{gmslaprov|Set-off}}''' <br> | |||
{{gmslaprov|11.8}}. '''{{gmslaprov|Set-off}}''' <br> | :Any amount payable to one {{gmslaprov|Party}} (the '''{{gmslaprov|Payee}}''') by the other {{gmslaprov|Party}} (the '''{{gmslaprov|Payer}}''') under paragraph {{gmslaprov|11.2(b)}} may, at the option of the {{gmslaprov|Non Defaulting Party}}, be reduced by its {{tag|set off}} against any amount payable (whether at such time or in the future or upon the occurrence of a contingency) by the {{gmslaprov|Payee}} to the {{gmslaprov|Payer}} (irrespective of the currency, place of payment or booking office of the obligation) under any other agreement between the {{gmslaprov|Payee}} and the {{gmslaprov|Payer}} or instrument or undertaking issued or executed by one {{gmslaprov|Party}} to, or in favour of, the other {{gmslaprov|Party}}. If an obligation is unascertained, the {{gmslaprov|Non Defaulting Party}} may in good faith estimate that obligation and set off in respect of the estimate, subject to accounting to the other {{gmslaprov|Party}} when the obligation is ascertained. Nothing in this paragraph shall be effective to create a [[charge]] or other [[security interest]]. This paragraph shall be without prejudice and in addition to any right of {{tag|set off}}, [[combination of accounts]], [[lien]] or other right to which any {{gmslaprov|Party}} is at any time otherwise entitled (whether by operation of law, contract or otherwise). <br> | ||
Any amount payable to one {{gmslaprov|Party}} (the '''{{gmslaprov|Payee}}''') by the other {{gmslaprov|Party}} (the '''{{gmslaprov|Payer}}''') under paragraph {{gmslaprov|11.2(b)}} may, at the option of the {{gmslaprov|Non Defaulting Party}}, be reduced by its {{tag|set off}} against any amount payable (whether at such time or in the future or upon the occurrence of a contingency) by the {{gmslaprov|Payee}} to the {{gmslaprov|Payer}} (irrespective of the currency, place of payment or booking office of the obligation) under any other agreement between the {{gmslaprov|Payee}} and the {{gmslaprov|Payer}} or instrument or undertaking issued or executed by one {{gmslaprov|Party}} to, or in favour of, the other {{gmslaprov|Party}}. If an obligation is unascertained, the {{gmslaprov|Non Defaulting Party}} may in good faith estimate that obligation and set off in respect of the estimate, subject to accounting to the other {{gmslaprov|Party}} when the obligation is ascertained. Nothing in this paragraph shall be effective to create a [[charge]] or other [[security interest]]. This paragraph shall be without prejudice and in addition to any right of {{tag|set off}}, [[combination of accounts]], [[lien]] or other right to which any {{gmslaprov|Party}} is at any time otherwise entitled (whether by operation of law, contract or otherwise). <br> | |||
Revision as of 12:19, 8 March 2018
- 11.8. Set-off
- Any amount payable to one Party (the Payee) by the other Party (the Payer) under paragraph 11.2(b) may, at the option of the Non Defaulting Party, be reduced by its set off against any amount payable (whether at such time or in the future or upon the occurrence of a contingency) by the Payee to the Payer (irrespective of the currency, place of payment or booking office of the obligation) under any other agreement between the Payee and the Payer or instrument or undertaking issued or executed by one Party to, or in favour of, the other Party. If an obligation is unascertained, the Non Defaulting Party may in good faith estimate that obligation and set off in respect of the estimate, subject to accounting to the other Party when the obligation is ascertained. Nothing in this paragraph shall be effective to create a charge or other security interest. This paragraph shall be without prejudice and in addition to any right of set off, combination of accounts, lien or other right to which any Party is at any time otherwise entitled (whether by operation of law, contract or otherwise).