Payment under Protest Sample Clauses

Payment under Protest. If Tenant in good faith disputes any amounts billed by Landlord, other than (i) Base Rent, (ii) Tenant’s Share of Direct Expenses (as to which Tenant may exercise its rights under Section 4.6, above), Tenant may make payment of such amounts under protest, and reserve all of its rights with respect to such amounts (the “Disputed Amounts”). Landlord and Tenant shall meet and confer to discuss the Disputed Amounts and attempt, in good faith, to resolve the particular dispute. If, despite such good faith efforts, Landlord and Tenant are unable to reach agreement regarding the Disputed Amounts, either party may submit the matter to binding arbitration under the JAMS Streamlined Arbitration Rules & Procedures. The non-prevailing party, as determined by JAMS, will be responsible to pay all fees and costs incurred in connection with the JAMS procedure, as well as all other costs and expenses, including reasonable attorneys’ fees, incurred by the prevailing party. This Section 29.9 shall not apply to claims relating to Landlord’s exercise of any unlawful detainer rights pursuant to California law or rights or remedies used by Landlord to gain possession of the Premises or terminate Lessee’s right of possession to the Premises.

Payment under Protest. Notwithstanding anything to the contrary in this Agreement, if a dispute arises between County and Concessionaire with respect to any obligation or alleged obligation of Concessionaire to pay money, the payment under protest by Concessionaire of the amount claimed by County to be due shall not waive any of Concessionaire's rights, and if any court or other body having jurisdiction determines that all or any part of the protested payment was not due, then County shall as promptly as reasonably practicable reimburse Concessionaire any amount determined as not due. County shall not be required to pay any interest on any such reimbursed sums.

Payment under Protest. Notwithstanding anything to the contrary in this Agreement, if a dispute arises between County and Lessee with respect to any obligation or alleged obligation of Lessee to pay money, the payment under protest by Lessee of the amount claimed by County to be due shall not waive any of Lessee’s rights, and if any court or other body having jurisdiction determines that all or any part of the protested payment was not due, then County shall as promptly as reasonably practicable reimburse Lessee any amount determined as not due. County shall not be required to pay any interest on any such reimbursed sums.

Payment under Protest. ‌ Notwithstanding anything to the contrary of this Agreement, if a dispute arises between the Port and Airline with respect to any obligation or alleged obligation of Airline to make payment(s) to the Port, the payment(s) under protest by Airline of the amount claimed by the Port to be due shall not waive any of Airline's rights, and if any court or other body having jurisdiction determines all or any part of the protested payment was not due, then the Port shall, as promptly as allowed by the Ordinance, reimburse Airline any amount determined as not due, plus interest on such amount at the rate of eighteen percent (18%) per annum. The parties shall also use the mediation process described in Section 36.19 to resolve such dispute.

Payment 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 of the Lease, 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 the Lease with interest thereon at the Interest Rate from the date of payment through the date of recovery.

Payment under Protest. The Defaulting Party may cure any monetary Event of Default by depositing the amount in controversy (not including claimed consequential, special, exemplary or punitive damages) in escrow with any reputable third-party escrow agent, or by interpleading the same, which amount shall remain undistributed until final decision by a court of competent jurisdiction or upon agreement by the Parties. No such deposit shall constitute a waiver of the Defaulting Party’s right to institute legal action for recovery of such amounts

Payment under Protest. (a) No protest shall be entertained unless the taxpayer first pays the tax. There shall be annotated on the tax receipts the words “paid under protest.” The protest in writing must be filed within thirty (30) days from payment of the tax to the provincial, city treasurer or municipal treasurer, in the case of a municipality within Metropolitan Manila Area, who shall decide the protest within sixty (60) days from receipt.

Payment under Protest. All rent and other amounts payable hereunder shall be payable without demand, offset or deduction. If at any time a dispute shall arise as to any amount or sum of money to be paid by Tenant to Landlord under the provisions hereof, Tenant shall make such payment “under protest” and under no circumstances shall Tenant be entitled to withhold any payment due hereunder. If Tenant makes a payment “under protest” and it is subsequently determined that Tenant was not obligated to pay all or a portion of an amount paid “under protest,” Landlord shall refund to Tenant the portion of the payment made “under protest” which Tenant was not obligated to pay.

Payment under Protest. ‌ Notwithstanding anything to the contrary of this Agreement, if a dispute arises between the Port and Carrier with respect to any obligation or alleged obligation of Carrier to make payment(s) to the Port, the payment(s) under protest by Carrier of the amount claimed by the Port to be due shall not waive any of Carrier's rights, and if any court or other body having jurisdiction determines all or any part of the protested payment was not due, then the Port shall, as promptly as allowed by the Ordinance, reimburse Carrier any amount determined as not due, plus interest on such amount at the rate of eighteen percent (18%) per annum. The parties shall also use the mediation process described in Section 29.19 to resolve such dispute.

Payment under Protest. In the case of a dispute between Authority and Contractor regarding any amounts due, Contractor shall pay the amount claimed by Authority as due and notify Authority in writing at the time of payment as to any portion that is paid under protest, specifying the basis of its claim of overpayment.