Common use of Performance Under Protest Clause in Contracts

Performance Under Protest. If at any time a dispute shall arise as to any amount or sum of money to be paid by one Party to the other under the provisions hereof, the Party against whom the obligation to pay the money is asserted shall have the right to make payment "under protest" and such payment shall not be regarded a voluntary payment and there shall survive the right on the part of said Party to institute suit for recovery of such sum. it shall be adjudged that there was no legal obligation on the part of said Party to pay such sum or any part thereof, said Party shall be entitled to recover such sum or so much thereof it was not legally required to pay under the provisions of this Lease.

Appears in 1 contract

Sources: Lease Agreement (Phoenix International Life Sciences Inc)

Performance Under Protest. If at any time a dispute shall arise as to any amount or sum of money to be paid by one Party to the other under the provisions hereof, the Party against whom the obligation to pay the money is asserted shall have the right to make payment "under protest" and such payment shall not be regarded as a voluntary payment and there shall survive the right on the part of said Party to institute suit for recovery of such sum. If it shall be adjudged that there was no legal obligation on the part of said Party to pay such sum or any part thereof, said Party shall be entitled to recover such sum or so of much thereof as it was not legally required to pay under the provisions of this Lease.

Appears in 1 contract

Sources: Multi Tenant Lease (New Century Financial Corp)

Performance Under Protest. If at any time a dispute shall arise as to any amount or sum of money to be paid by one Party to the other under the provisions hereof, the Party against whom the obligation to pay the money is asserted shall have the right to make payment "under protest" and such payment shall not be regarded as a voluntary payment and there shall survive the right on the part of said Party to institute suit for recovery of such sum. If it shall be adjudged that there was no legal obligation on the part of said Party to pay such sum or any part thereof, said Party shall be entitled to recover such sum or so much thereof as it was not legally required to pay under the provisions of this Lease.

Appears in 1 contract

Sources: Standard Industrial/Commercial Multi Tenant Lease Gross (Diamond Entertainment Corp)

Performance Under Protest. If at any time a dispute shall arise as to any amount or sum of money to be paid by one Party to the other under the provisions hereof, the Party against whom the obligation to pay the money is asserted shall have the right to make payment "'under protest" and such payment shall not be regarded as a voluntary payment and there shall survive the right on the part of said Party to institute suit for recovery of such sum. If it shall be adjudged that there was no legal obligation on the part pad of said Party to pay such sum or any part pad thereof, said Party shall be entitled to recover such sum or so much thereof as it was not legally required to pay under the provisions of this Lease.

Appears in 1 contract

Sources: Lease Agreement (Liuski International Inc /De)

Performance Under Protest. If at any time a dispute shall arise as to any amount or sum of money to be paid by one Party party to the other under the provisions hereof, the Party party against whom the obligation to pay the money is asserted shall have the right to make payment "under protest" and such payment shall not be regarded a as voluntary payment payment, and there shall survive the right on the part of said Party to party of institute suit for recovery of such each sum. If it shall be adjudged that there was no legal obligation on the part of said Party party to pay such sum or any part thereof, said Party party shall be entitled to recover such sum or so much thereof as it was not legally required to pay under the provisions of this Lease.

Appears in 1 contract

Sources: Lease Agreement (Xoma Corp /De/)

Performance Under Protest. If at any time a dispute shall arise as to any amount or sum of money to be paid by one Party party to the other under the provisions hereof, the Party party against whom the obligation to pay the money is asserted shall have the right to make payment "under protest" and such payment shall not be regarded as a voluntary payment payment, and there shall survive the right on the part of said Party party to institute suit suite for recovery of such sum. If it shall be adjudged that there was no legal obligation on of the part of said Party party to pay such sum or any part thereof, said Party party shall be entitled to recover such sum or so much thereof as it was not legally required to pay under the provisions of this Lease.

Appears in 1 contract

Sources: Standard Industrial Lease (Coyote Sports Inc)

Performance Under Protest. If at any time a dispute shall arise as to any amount or sum of money to be paid by one Party to the other under the provisions hereof, the Party against whom the obligation to pay the money is Is asserted shall have the right to make payment "under protest" and such payment shall not be regarded as a voluntary payment and there shall survive the right on the part of said Party to institute Institute suit for recovery of such sum. If it shall be adjudged that there was no legal obligation on the part of said Party to pay such sum or any part thereof, said Party shall be entitled to recover recover(.) such sum or so much thereof as it was not legally required to pay under the provisions of this Leasepay.

Appears in 1 contract

Sources: Standard Industrial/Commercial Multi Tenant Lease (uWink, Inc.)

Performance Under Protest. If at any time a dispute shall arise as to any amount or sum of money to be paid by one Party party to the other under the provisions hereof, the Party party against whom the obligation to pay the money is asserted shall have the right to make payment "under protest" and such payment shall not be regarded as a voluntary payment payment, and there shall survive the right on the part of said Party party to institute suit for recovery of such sum. If it shall be adjudged that there was no legal obligation on the part of said Party party to pay such sum or any part thereof, said Party party shall be entitled to recover such sum or so much thereof as it was not legally required to pay under the provisions of this LeaseLease with interest not to exceed 12% per annum.

Appears in 1 contract

Sources: Lease Agreement

Performance Under Protest. If at any time a dispute shall arise as to any amount or sum of money to be paid by one Party party to the other under the provisions hereof, the Party party against whom the obligation to pay the money is asserted shall have the right to make payment "under protest" and such payment shall not be regarded as a voluntary payment payment, and there shall survive the right on the part of said Party party to institute suit for recovery of such sum. If it shall be adjudged that there was no legal obligation on the part of to said Party party to pay such sum or any part thereof, said Party party shall be entitled to recover such sum or so much thereof as it was not legally required to pay under the provisions of this Lease.

Appears in 1 contract

Sources: Sublease (Spectrian Corp /Ca/)

Performance Under Protest. If at any time a dispute shall arise as to any amount or sum of money to be paid by one Party to the other under the provisions hereof, the Party party against whom the obligation to pay the money is asserted shall have the right to make payment "under protest" protest and such payment shall not be regarded as a voluntary payment payment, and there shall survive the right on the part of said Party party to institute suit for recovery of such sum. sum if it shall be adjudged that there was no legal obligation on the part of said Party party to pay such sum or any part thereof, said Party party shall be entitled to recover such sum or so much thereof as it was not legally required to pay under the provisions of this Lease.

Appears in 1 contract

Sources: Standard Industrial Lease (H E R C Products Inc)

Performance Under Protest. If at any time a dispute shall arise as to any amount or sum of money to be paid by one Party to the other under the provisions hereof, the Party against whom the obligation to pay the money is asserted shall have the right to make payment "under protest" and such payment shall not be regarded as a voluntary payment and there shall survive the right on the part of said Party to institute suit for recovery of such sum. If it shall be adjudged that there was no legal obligation on the part of said Party to pay such sum or any part thereof, said Party shall Shall be entitled to recover such sum or so much thereof as it was not legally required to pay under the provisions of this Lease.

Appears in 1 contract

Sources: Lease Agreement (Internet Golf Association Inc)

Performance Under Protest. If at any time a dispute shall arise as to any amount or sum of money to be paid by one Party to the other under the provisions hereof, the Party against whom the obligation to pay the money is asserted shall have the right to make payment "under protest" and such payment shall not be regarded as a voluntary payment and there shall survive the right on the part of said Party to institute suit for recovery of such sum. If it shall be adjudged that there was no legal obligation on the part of said Party to pay such sum or any part ; thereof, said Party shall be entitled to recover such sum or so much thereof as it was not legally required to pay under the provisions of this Leasepay.

Appears in 1 contract

Sources: Standard Industrial/Commercial Single Tenant Lease Net (Osmetech PLC)

Performance Under Protest. If at any time a dispute shall arise as to any amount or sum of money to be paid by one Party party to the other under the provisions hereof, the Party party against whom the obligation to pay the money is asserted shall have the right to make payment "under protest" and such payment shall not be regarded as a voluntary payment payment, and there shall survive the right on the part of said Party party to institute suit Suit for recovery of such sum. it If It shall be adjudged that there was no legal obligation on the part of said Party party to pay such sum or any part thereof, said Party party shall be entitled to recover such sum or so much thereof it as It was not legally required to pay under the provisions of this Lease.

Appears in 1 contract

Sources: Standard Office Lease (Orange National Bancorp)

Performance Under Protest. If at any time a dispute shall arise as to any amount or sum of money to be paid by one Party to the other under the provisions hereof, the Party against whom the obligation to pay the money is asserted shall have the right to make payment "`under protest" ' and such payment shall not be regarded as a voluntary payment and there shall survive the right on the part of or said Party to institute suit for recovery of such sum. it If shall be adjudged that there was no legal obligation on the part of said Party to pay such sum or any part thereof, said Party shall be entitled to recover such sum or so much thereof as it was not legally required to pay under the provisions of this Lease.

Appears in 1 contract

Sources: Lease Agreement (Restoration Hardware Inc)

Performance Under Protest. If at any time a dispute shall arise as to any amount or sum of money to be paid by one Party to the other under the provisions hereof, the Party against whom the obligation to pay the money is asserted shall have the right to make payment "under protest" and such payment shall not be regarded as a voluntary payment and there shall survive the right on the part of said Party to institute Institute suit for recovery of such sum. it It shall be adjudged that there was no legal obligation on the part of said Party to pay such sum or any part thereof, said Party shall be entitled to recover such sum or so much thereof as it was not legally required to pay under the provisions of this Lease.

Appears in 1 contract

Sources: Standard Industrial/Commercial Multi Tenant Lease Gross (Embedded Support Tools Corp)

Performance Under Protest. If at any time a dispute shall arise as to any amount or sum of money to be paid by one Party party to the other under the provisions hereof, the Party party against whom the obligation to pay the money is asserted shall have the right to make payment "under protest" and such payment shall not be regarded a as voluntary payment payment, and there shall survive the right on the part of said Party party to institute suit for recovery of such sum. If it shall be adjudged that there was no legal obligation on the part of said Party party to pay such sum or any part thereof, said Party party shall be entitled to recover such sum or so much thereof as it was not legally required to pay under the provisions of this Lease, without interest.

Appears in 1 contract

Sources: Lease Agreement

Performance Under Protest. If at any time a dispute shall arise as to any amount or sum of money to be paid by one Party to the other under the provisions hereof, the Party against whom the obligation to pay the money is asserted shall have the right to make payment "under protest" and such payment shall not be regarded as a voluntary payment and there shall survive the right on the part of said Party to institute suit for recovery of such sum. Except as otherwise provided in this Lease, if it shall be adjudged that there was no legal obligation on the part of said Party to pay such sum or any part thereof, said Party shall be entitled to recover recover, with Interest, such sum or so much thereof as it was not legally required to pay under the provisions of this Leasepay.

Appears in 1 contract

Sources: Lease Agreement (Transdigm Holding Co)

Performance Under Protest. If at any time a dispute shall arise as to any amount or sum of money to be paid by one Party party to the other under the provisions hereof, hereof the Party party against whom the obligation to pay the money is asserted shall have the right to make payment "under protest" and such payment shall not be regarded as a voluntary payment payment, and there shall survive the right on the part of said Party party to institute suit for recovery of such sum. If it shall be adjudged that there was no legal obligation on the part of said Party party to pay such sum or any part thereof, thereof said Party party shall be entitled to recover such sum or so much thereof as it was not legally required to pay under the provisions of this Lease.

Appears in 1 contract

Sources: Lease Agreement (Source Interlink Companies Inc)

Performance Under Protest. If at any time a dispute shall arise as to any amount or sum of money to be paid by one Party to the other under the provisions hereof, the Party against whom the obligation to pay the money is asserted shall have the right to make payment "under protest" and such payment shall not be regarded as a voluntary payment and there shall survive the right on the part of said Party to institute suit for recovery of such sum. If it shall be adjudged that there was no legal obligation on the part of said Party to pay such a sum or any part thereof, said Party shall be entitled to recover such sum or so much thereof as it was not legally required to pay under the provisions of this Lease.

Appears in 1 contract

Sources: Lease Agreement (Atl Products Inc)

Performance Under Protest. If at any time a dispute shall arise as to any amount or sum of money to be paid by one Party to the other under the provisions Provisions hereof, the Party against whom the obligation to pay the money is asserted shall have the right to make payment "under protest" and such payment shall not be regarded as a voluntary payment and there shall survive the right on the part of said Party to institute suit for recovery of such sum. it shall be adjudged that there was no legal obligation on the part of said Party to pay such sum or any part thereof, said Party shall be entitled to recover such sum or so much thereof as it was not legally required to pay under the provisions of this Lease.

Appears in 1 contract

Sources: Lease Agreement (Doskocil Manufacturing Co Inc)

Performance Under Protest. If at any time a dispute shall arise as to any amount or sum of money to be paid by one Party party to the other under the provisions hereof, the Party party against whom the obligation to pay the money is asserted shall have the right to make payment "`under protest" ' and such payment shall not be regarded as a voluntary payment payment, and there shall survive the right on the part of said Party party to institute suit for recovery of such sum. If it shall be adjudged that there was no legal obligation on the part of said Party party to pay such sum or any part thereof, said Party party shall be entitled to recover such sum or so much thereof as it was not legally required to pay under the provisions of this Lease.

Appears in 1 contract

Sources: Standard Office Lease (Moai Technologies Inc)

Performance Under Protest. If at any time a times dispute shall arise as to any amount or sum of money to be paid by one Party party to the other under the provisions hereof, the Party party against whom the obligation to pay the money is asserted shall have the right to make payment "under protest" and such payment shall not be regarded a as voluntary payment payment, and there shall survive the right on the part of said Party party to institute suit for recovery of such sum. If it shall be adjudged that there was no legal obligation on the part of said Party party to pay such sum or any part thereof, said Party party shall be entitled to recover such sum or so much thereof as it was not legally required to pay under the provisions of this Lease.

Appears in 1 contract

Sources: Standard Industrial Lease (Unity First Acquisition Corp)

Performance Under Protest. If at any time a dispute shall arise as to any amount or sum of money to be paid by one Party party to the other under the provisions hereof, the Party party against whom the obligation to pay the money is asserted shall have the right to make payment "under protest" and such payment shall not be regarded as a voluntary payment payment, and there shall survive the right on the part of said Party party to institute suit for recovery of such sum. If it shall be adjudged that there was no legal obligation on the part of said Party party to pay such sum or any part thereof, said Party party shall be entitled to recover such sum or so much thereof as it was not legally required to pay under the provisions of this Lease.. 23

Appears in 1 contract

Sources: Sublease Agreement (Intervu Inc)

Performance Under Protest. If at any time a dispute shall arise as to any amount or sum of money to be paid by one Party to the other under the provisions hereof, the Party against whom the obligation to pay the money is asserted shall have the right to make payment "under protest" and such payment shall not be regarded as a voluntary payment and there shall survive the right on the part of said Party to institute suit for recovery of such sum. If it shall be adjudged adjusted that there was no legal obligation on the part of said Party to pay such sum or any part thereof, said Party shall be entitled to recover such sum or so much thereof as it was not legally required to pay under the provisions of this Lease.

Appears in 1 contract

Sources: Assignment and Assumption of Lease (Leap Wireless International Inc)

Performance Under Protest. If at any time a dispute shall arise as to any amount or sum of money to be paid by one Party to the other under the provisions hereof, the Party against whom the obligation to pay the money is asserted shall have the right to make payment "under protest" and such payment shall not be regarded as a voluntary Voluntary payment and there shall survive the right on the part of said Party to institute suit for recovery of such sum. If it shall be adjudged that there was no legal obligation on the part of said Party to pay such sum or any part thereof, said Party shall be entitled to recover such sum or so much thereof it as was not legally required to pay under the provisions of this Lease.

Appears in 1 contract

Sources: Standard Industrial/Commercial Single Tenant Lease Net (Saba Petroleum Co)

Performance Under Protest. If at any time a dispute shall arise as to any amount or sum of money to be paid by one Party to the other under the provisions hereof, the Party against whom the obligation obligations to pay the money is asserted shall have the right to make payment "under protest" and such payment shall not be regarded as a voluntary payment and there shall survive the right on the part of said Party to institute suit for recovery of such sum. If it shall be adjudged adjusted that there was no legal obligation on the part of said Party to pay such sum or any part thereof, said Party shall be entitled to recover such sum or so much thereof as it was not legally required to pay under the provisions of this Lease.

Appears in 1 contract

Sources: Standard Industrial/Commercial Multi Tenant Lease (Chatcom Inc)

Performance Under Protest. If at any time a dispute shall arise as to any amount or sum of money to be paid by one Party to the other under the provisions hereof, the Party against whom the obligation to pay the money is Is asserted shall have the right to make payment "under protest" . and such payment shall not be regarded as a voluntary payment and there shall survive the right on the part of said Party to institute Institute suit for recovery of such sum. it If It shall be adjudged that there was no legal obligation on the part of said Party to pay such sum or any part thereof, said Party shall be entitled to recover such sum or so much thereof it as It was not legally required to pay under the provisions of this Lease.

Appears in 1 contract

Sources: Lease Agreement (Oryx Technology Corp)

Performance Under Protest. If at any time a dispute shall arise as to any amount or sum of money to be paid by one Party to the other under the provisions hereof, the Party against whom the obligation to pay the money is asserted shall have the right to make payment "under protest" and such payment shall not be regarded as a voluntary payment and there shall survive the right on the part of said Party to institute suit for recovery of such sum. If it shall be adjudged that there was no legal obligation on the part party of said Party to pay such sum or any part thereof, said Party shall be entitled to recover such sum or so much thereof as it was not legally required to pay under the provisions of this Lease.

Appears in 1 contract

Sources: Standard Industrial/Commercial Multi Tenant Lease (Align Technology Inc)

Performance Under Protest. If at any time a dispute shall arise as to any amount or sum of money to be paid by one Party party to the other under the provisions hereofof the Lease, the Party party against whom the obligation to pay the money is asserted shall have the right to make the payment "under protest" and such payment shall not be regarded as a voluntary payment payment, and there shall survive the right on the part of said Party party to institute suit arbitration pursuant to Section 16.16 for recovery of such sum. If it shall be adjudged that there was no legal obligation on the part of said Party party to pay such sum or any part thereof, said Party party shall be entitled to recover such sum or so much thereof as it was not legally required entitled to pay under the provisions of this Lease.

Appears in 1 contract

Sources: Standard Industrial Lease (Uti Corp)

Performance Under Protest. If at any time a dispute shall arise as to any amount or sum of money to be paid by one Party party to the other under the provisions hereof, the Party party against whom the obligation to pay the money is asserted shall have the right to make payment "under protest" and such payment shall not be regarded as a voluntary payment payment, and there shall survive service the right on the part of said Party party to institute suit for recovery of such sum. If it shall be adjudged that there was no legal obligation on the part of said Party party to pay such sum or any part thereof, said Party shall be entitled to recover such sum or so much thereof as it was not legally required to pay under the provisions of this Lease.

Appears in 1 contract

Sources: Lease Agreement (Central Coast Bancorp)