Title 48

SECTION 552.270-28

552.270-28 Mutuality of Obligation.

As prescribed in 570.703, insert the following clause:

Mutuality of Obligation (SEP 1999)

The obligations and covenants of the Lessor, and the Government's obligation to pay rent and other Government obligations and covenants, arising under or related to this Lease, are interdependent. The Government may, upon issuance of and delivery to Lessor of a final decision asserting a claim against Lessor, set off such claim, in whole or in part, as against any payment or payments then or thereafter due the Lessor under this lease. No setoff pursuant to this clause shall constitute a breach by the Government of this lease.

(End of clause) [64 FR 37229, July 9, 1999, as amended at 76 FR 30847, May 27, 2011]