Offset

An offset clause in a contract allows one party to subtract or withhold payments owed to the other party under certain conditions, usually when there are outstanding obligations or claims against that party. It serves as a financial remedy to balance accounts and ensure equitable settlements in contractual agreements.

4 Offset examples

  • Description
    As a result, the registrant had $7,829.31 (based on a filing fee rate of 0.0001091) in unused filing fees associated with the May 2021 Prospectus Supplement to be applied to this prospectus supplement’s filing fee from the fee offset source.
    Document
    National Storage Affiliates Trust (NSA, NSA-PA, NSA-PB)
  • Description
    The Registrant is offsetting the $148,351.97 of filing fees with respect to this prospectus against such unsold securities and unused filing fees, leaving $725,337,000 of unsold securities and $87,910.82 of unused filing fees under the 2019 Registration Statement.
    Document
    John Deere Receivables LLC
  • Description
    More specifically, $45.27 from the filing fee paid in connection with the September 2022 Schedule TO-I was used to offset the final transaction fee due from the December 2023 Schedule TO-I filing, and $760.74 from the September 2022 Schedule TO-I filing fee remains available to offset a portion of the filing fee due in connection with this Schedule TO-I.
    Document
    Barings Private Credit Corp
  • Description
    (5)    The contemporaneous fee payment made with the 2018 Registration Statement was $996,000, and the contemporaneous fee payment made with the 2020 Registration Statement was $409,707.02. As the contemporaneous fee payment made with the 2020 Registration Statement is less than the offset being claimed, the remainder of the claimed offset for this registration statement can be traced to the 2018 Registration Statement.
    Document
    Nutrien Ltd. (NTR)

What is Offset Clause?

Offset is a financial term used broadly across various industries, including accounting, trade, contract law, and environmental practices. At its core, an offset serves as a counterbalance or a method to neutralize or reduce a liability or obligation. In different contexts, offset can take on specific meanings:

  • In Accounting: An offset can refer to entries that balance one another out, often seen in double-entry bookkeeping.
  • In Environmental Practices: Offsets are used to counteract carbon emissions by funding equivalent carbon dioxide saving projects.
  • In Contracts: Offsets may appear as clauses that allow for adjustments based on specific occurrences or predefined conditions.

When Should I Use Offset Clause?

Offset should be used in situations where there is a need to balance, counteract, or mitigate an existing financial or environmental obligation. Here are some scenarios where using offset might be appropriate:

  • Financial Management: When managing accounts to ensure that credits and debits are balanced.
  • Environmental Responsibility: For businesses or individuals aiming to reduce their carbon footprint by investing in carbon offset programs.
  • Contractual Agreements: When entering into contracts that require flexibility or adjustments based on fluctuating market conditions or performance metrics.

How Do I Write Offset Clause?

Writing an offset typically involves understanding its specific application context. Here are general steps for writing an offset, keeping in mind the context may vary:

  1. Identify the Need for Offset: Determine the necessity based on the situation (financial transaction, carbon footprint, etc.).
  2. Quantify the Offset: Calculate the amount or value that needs to be offset, whether it’s a monetary value or carbon emissions.
  3. Document the Offset: Clearly document the offset mechanism or method in the relevant records or agreements. This documentation should include details on how the offset is calculated and applied.

Example: In an accounting entry, an offset might involve recording a debit in one account and a credit in another of the same amount to balance the books.

Which Contracts Typically Contain Offset Clause?

Contracts that often contain offset clauses or concepts include:

  • Financial Contracts: Loan agreements or financial derivatives that include terms for adjusting payment schedules or interest rates.
  • Commercial Contracts: Agreements where parties expect variations based on deliverables or market conditions, such as supply chain contracts.
  • Environmental Contracts: Carbon offset agreements where parties agree to certain environmental goals, often seen in industries with large carbon footprints.

Example: A supply chain contract might use an offset clause to adjust pricing if raw material costs fluctuate beyond a certain threshold.

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More Clauses from the Library

Dive deeper into the world of clauses and learn more about these other clauses that are used in real contracts.

Option to extend lease term

The "Option to Extend Lease Term" clause grants the tenant the right to prolong their lease for an additional period, commonly under pre-established conditions negotiated at the signing of the original lease agreement. This clause often stipulates the notice period the tenant must adhere to and may outline the terms, such as rental rates or duration, applicable during the extension period.

14 example clauses

Option to renew term

An "Option to Renew" clause allows a contract to be extended beyond its original term under specified conditions, typically at the discretion of one or both parties. It typically outlines the process for renewal, including notification requirements and any changes to terms or pricing.

3 example clauses

Outstanding fees

The Outstanding Fees clause stipulates that any unpaid fees or dues incurred by one party must be settled within a specified timeframe. Failure to settle these outstanding fees may result in additional penalties, interest charges, or legal action to recover the owed amount.

13 example clauses