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 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 pr so much thereof as it was not legally required to pay. A Party who does not initiate suit for the recovery of sums paid "under protest" within 6 months shall be deemed to have waived its rights to protest such payment.

Appears in 2 contracts

Samples: Standard Industrial/Commercial Multi Tenant Lease (Ironclad Performance Wear Corp), Lease Agreement (Ironclad Performance Wear Corp)

AutoNDA by SimpleDocs

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 part 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 and there shall survive the right on the part of said Party party to institute initiate suit or other action 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 pr or so much thereof as it was not legally required to pay. A Party who does not initiate suit for pay under the recovery provisions of sums paid "under protest" within 6 months shall be deemed to have waived its rights to protest such paymentthis Lease.

Appears in 2 contracts

Samples: Lease Agreement (Security Associates International Inc), Lease Agreement (Security Associates 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 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 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 pr or so much thereof as it was not legally required to pay. A Party who does not initiate suit for pay under the recovery provisions of sums paid "under protest" within 6 months shall be deemed to have waived its rights to protest such paymentthis Lease.

Appears in 2 contracts

Samples: Lease Agreement (Cosmetic Center Inc), Standard Industrial Lease (Dental Medical Diagnostic Systems 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 pr 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. A Party who does not initiate suit for pay under the recovery provisions of sums paid "under protest" within 6 months shall be deemed to have waived its rights to protest such paymentthis Lease.

Appears in 2 contracts

Samples: Lease Agreement (Starbase Corp), Lease Agreement (Objectshare 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 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 pr or so much thereof as it was not legally required to paypay plus interest at the Interest Rate. A Party who does not initiate suit for the recovery of sums paid Neither party which fails to pay "under protest" within 6 months shall be deemed waives its right to have waived its rights later object to protest such payment.

Appears in 2 contracts

Samples: Deed of Lease (Etoys Inc), Deed of Lease (Etoys 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" ” by depositing such payment in an escrow account pending resolution of the dispute, 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 of any part thereof, said Party party shall be entitled to recover such sum pr or so much thereof as it was not legally required to pay. A Party who does not initiate suit for pay under the recovery provisions of sums paid "under protest" within 6 months shall be deemed to have waived its rights to protest such paymentthis Lease.

Appears in 2 contracts

Samples: Lease Agreement, Retail Lease

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 pr or so much thereof as it was not legally required to paypay under the provisions of this Lease. A Party who does not initiate suit for the recovery of sums paid "under protest" within 6 months shall be deemed to have waived its rights to protest such payment.5b

Appears in 1 contract

Samples: Standard Industrial Lease (Microtel 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 provi- sions 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 pr or so much thereof as it was not legally required to pay. A Party who does not initiate suit for pay under the recovery provisions of sums paid "under protest" within 6 months shall be deemed to have waived its rights to protest such paymentthis Lease.

Appears in 1 contract

Samples: Lease Agreement (Pacific Biometrics 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 enticed to recover such sum pr or so much thereof as it was not legally required to pay. A Party who does not initiate suit for pay under the recovery provisions of sums paid "under protest" within 6 months shall be deemed to have waived its rights to protest such paymentthis Lease.

Appears in 1 contract

Samples: Lease (Empyrean Bioscience 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, thereof said Party party shall be entitled to recover such sum pr so much thereof or part thereof, as it was not legally required to pay. A Party who does not initiate suit for pay under the recovery provisions of sums paid "under protest" within 6 months shall this Lease, together with such party's attorneys' fees and court costs to be deemed to have waived its rights to protest such paymentfixed by the Court.

Appears in 1 contract

Samples: Lease (Schein Pharmaceutical 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 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 pr or so much thereof as it was not legally required to pay. A Party who does not initiate suit for pay under the recovery provisions of sums paid "under protest" within 6 months shall be deemed to have waived its rights to protest such paymentthis Lease.

Appears in 1 contract

Samples: Standard Industrial Lease (Entech Environmental Technologies 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 pr or so much thereof as it was not legally required to pay. A Party who does not initiate suit for pay plus interest from the recovery of sums paid thirty-first (31st) day after payment "under protest," within 6 months shall be deemed to have waived its rights to protest such paymentin accordance with Paragraph 13.5.

Appears in 1 contract

Samples: Lease Agreement (Encad 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 party against whom the obligation to pay the money is asserted shall have the right to make payment "under protestUNDER 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 pr or so much thereof as it was not legally required to pay. A Party who does not initiate suit for the recovery of sums paid "under protest" within 6 months shall be deemed to have waived its rights to protest such payment.

Appears in 1 contract

Samples: Standard Industrial/Commercial Single Tenant Lease Net (Converse 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 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 pr or so much thereof as it was not legally required to paypay under the provisions of this Lease. A Party who does not initiate suit for the recovery of sums paid "under protest" within 6 months shall be deemed to have waived its rights to protest such payment.Lessor:_Lessee:_

Appears in 1 contract

Samples: Consent to Sublease (Biomarin Pharmaceutical 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 pr or so much thereof as it was not legally required to paypay under the provisions of this Lease. A Party who does not initiate suit for the recovery of sums paid "under protest" within 6 months shall be deemed to have waived its rights to protest such payment.FULL SERVICE--GROSS

Appears in 1 contract

Samples: Lease Agreement (Universal Access 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 protestUNDER 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 pr or so much thereof as it was not legally required to pay. A Party who does not initiate suit for pay under the recovery provisions of sums paid "under protest" within 6 months shall be deemed to have waived its rights to protest such paymentthis Lease.

Appears in 1 contract

Samples: Lease Agreement (Mossimo 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 pr or so much thereof as it was not legally required to pay. A Party who does not initiate suit for pay under the recovery provisions of sums paid "under protest" within 6 months shall be deemed to have waived its rights to protest such paymentthis Lease.

Appears in 1 contract

Samples: Standard Office Lease (Yupi Internet 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 pr or so much thereof as it was not legally required to pay. A Party who does not initiate suit for pay under the recovery provisions of sums paid "under protest" within 6 months shall be deemed to have waived its rights to protest such paymentthis ease.

Appears in 1 contract

Samples: Standard Office Lease (Talarian 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 pr or so much thereof as it was not legally required to paypay under the provisions of this Lease. A Party who does not initiate suit for the recovery of sums paid "under protest" within 6 months shall be deemed to have waived its rights to protest such payment.Initials: AGS --- SS --- FULL SERVICE-GROSS

Appears in 1 contract

Samples: Office Lease (Scheid Vineyards 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 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 adjudicated 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 pr sum, or so much thereof as it was not legally required to pay. A Party who does not initiate suit for pay under the recovery provisions of sums paid "under protest" within 6 months shall be deemed this Lease plus interest thereon at a rate per annum equal to have waived its rights to protest such paymentthe Interest Rate.

Appears in 1 contract

Samples: Sublease Agreement (Psinet 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 against party agrees 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 pr or so much thereof as it was not legally required to pay. A Party who does not initiate suit for pay under the recovery provisions of sums paid "under protest" within 6 months shall be deemed to have waived its rights to protest such paymentthis Lease.

Appears in 1 contract

Samples: Lease Addendum (Notify 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 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 pr or so much thereof as it was not legally required to paypay under the provisions of this Lease. A Party who does not initiate suit for the recovery of sums paid "under protest" within 6 months shall be deemed to have waived its rights to protest such payment.Initials: ------ ------ PAGE 23 GROSS

Appears in 1 contract

Samples: Consent (Burke Flooring 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 be entitled to recover such sum pr or so much thereof as it was not legally required to pay. A Party who does not initiate suit for pay under the provisions of this Lease, together with reasonable fees incurred in the recovery of sums paid "under protest" within 6 months shall be deemed to have waived its rights to protest such paymentcosts.

Appears in 1 contract

Samples: Standard Industrial/Commercial Single Tenant Lease (Combichem 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 pr or so much thereof as it was not legally required to pay. A Party who does not initiate suit for the recovery , and all cost of sums paid "under protest" within 6 months shall be deemed to have waived its rights to protest such paymentcollection.

Appears in 1 contract

Samples: Standard Industrial/Commercial Single Tenant Lease Net (Aci Telecentrics 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 pr or so much thereof as it was not legally required to pay. A Party who does not initiate suit for pay under the recovery --20-- Initials /s/ MB / XXX ------------ provisions of sums paid "under protest" within 6 months shall be deemed to have waived its rights to protest such paymentthis Lease.

Appears in 1 contract

Samples: Lease Agreement (SBS Technologies 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 pr or so much thereof as it was not legally required to pay. A Party who does not initiate suit for the recovery of sums paid "'under protest" within 6 ' with six (6) months shall be deemed to have waived its rights right to protest such payment.

Appears in 1 contract

Samples: Lease

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 pr or so much thereof as it was not legally required to pay. A Party who does not initiate suit for the recovery of sums paid "under protest" within 6 with six (6) months shall be deemed to have waived its rights right to protest such payment.

Appears in 1 contract

Samples: Standard Industrial/Commercial Single Tenant Lease (Sionix 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 payment, shall not be regarded as a voluntary payment and there shall survive the right on the part of said Party party to institute initiate suit or other action 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 pr or so much thereof as it was not legally required to pay. A Party who does not initiate suit for pay under the recovery provisions of sums paid "under protest" within 6 months shall be deemed to have waived its rights to protest such paymentthis Lease.

Appears in 1 contract

Samples: Lease Agreement (Integcom 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 protestUnder 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 pr or so much thereof as it was not legally required to pay. A Party who does not initiate suit for pay under the recovery provisions of sums paid "under protest" within 6 months shall be deemed to have waived its rights to protest such paymentthis Lease.

Appears in 1 contract

Samples: Lease Agreement (Headway Technologies 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 and there shall survive the right on the part of said Party such party to institute suit for recovery of such sum. If it shall be adjudged determined pursuant to arbitration or otherwise that there was no legal obligation on the part of said Party such party to pay such sum or any part thereof, said Party such party shall be entitled to recover such sum pr or so much thereof as it was not legally required to pay. A Party who does not initiate suit for pay under the recovery provision of sums paid "under protest" within 6 months shall be deemed to have waived its rights to protest such paymentthis Lease.

Appears in 1 contract

Samples: Lease Agreement (Oak Ridge Financial Services, 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 pr or so much thereof as it was not legally required to paypay under the provisions of this Lease. A Party who does not initiate suit for the recovery of sums paid "under protest" within 6 months shall be deemed to have waived its rights to protest such payment./s/ [illegible] Initals Lessor Initials Lessee /s/ [illegible] --------------- ---------------

Appears in 1 contract

Samples: Lease Agreement (Idealab)

AutoNDA by SimpleDocs

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 INDUSTRIAL/COMMERCIAL MULTI-TENANT LEASE--GROSS 14 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 pr or so much thereof as it was not legally required to pay. A Party who does not initiate suit for pay under the recovery provisions of sums paid "under protest" within 6 months shall be deemed to have waived its rights to protest such paymentLease.

Appears in 1 contract

Samples: Standard Industrial/Commercial Multi Tenant Lease (Ciphergen Biosystems Inc)

Performance Under Protest. 44.1 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 sums or any part thereof, said Party party shall be entitled to recover such sum pr or so much thereof as it was not legally required to pay. A Party who does not initiate suit for pay under the recovery of sums paid "under protest" within 6 months shall be deemed to have waived its rights to protest such paymentprovisions in this Lease.

Appears in 1 contract

Samples: Lease Agreement (Colorado Business Bankshares 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 party 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 pr or so much thereof as it was not legally required to pay. A Party who does not initiate suit for pay under the recovery provisions of sums paid "under protest" within 6 months shall be deemed to have waived its rights to protest such paymentthis Lease.

Appears in 1 contract

Samples: Standard Industrial/Commercial Multi Tenant Lease (Deltapoint 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 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 to pay such sum or any part thereof, said Party party shall be entitled to recover such sum pr or so much thereof as it was not legally required to pay. A Party who does not initiate suit for pay under the recovery provisions of sums paid "under protest" within 6 months shall be deemed to have waived its rights to protest such paymentthis Lease.

Appears in 1 contract

Samples: Stock Purchase Agreement (99 Cents Only Store)

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 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 pr or so much thereof as it was not legally required to pay. A Party who does not initiate suit for pay under the recovery of sums paid "under protest" within 6 months shall be deemed to have waived its rights to protest such paymentprovisions oh this Lease.

Appears in 1 contract

Samples: Standard Industrial Lease (Newstar Media 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 pr or so much thereof as it was not legally required to pay. A Party who does not initiate suit for pay under the recovery provision of sums paid "under protest" within 6 months shall be deemed to have waived its rights to protest such paymentthis Lease.

Appears in 1 contract

Samples: Standard Industrial Lease (Legends of the Faith 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 It if shall be adjudged that there was no legal obligation on the part of said Party obligation on the part of said party to pay such sum or any part thereof, said Party party shall be entitled to recover such sum pr or so much thereof as it was not legally required to pay. A Party who does not initiate suit for pay under the recovery provisions of sums paid "under protest" within 6 months shall be deemed to have waived its rights to protest such paymentthis Lease.

Appears in 1 contract

Samples: Office Lease (Country Star Restaurants 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 pr or so much thereof as it was not legally required to paypay under the provisions of this Lease. A Party who does not initiate suit for the recovery of sums paid "under protest" within 6 months shall be deemed to have waived its rights to protest such payment.FULL SERVICE--GROSS Initials: DB ------------ (Illegible) ------------

Appears in 1 contract

Samples: Sublease (Macrovision 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 pr or so much thereof as it was not legally required to pay. A Party who does not initiate suit for pay under the recovery --20-- Initials /s/ MB / XXX ------------ <PAGE> provisions of sums paid "under protest" within 6 months shall be deemed to have waived its rights to protest such paymentthis Lease.

Appears in 1 contract

Samples: Standard Industrial/Commercial Multi Tenant Lease Modified Net (SBS Technologies 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 m made 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 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 pr or so much thereof as it was not legally required to pay. A Party who does not initiate suit for pay under the recovery provisions of sums paid "under protest" within 6 months shall be deemed to have waived its rights to protest such paymentthis Lease.

Appears in 1 contract

Samples: Standard Industrial Lease (CRL Network Services 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 pr or so much thereof as it was not legally required to paypay under the provisions of this Lease. A Party who does not initiate suit for the recovery of sums paid "under protest" within 6 months shall be deemed to have waived its rights to protest such payment.Initials: ____ ____ FULL SERVICE-GROSS

Appears in 1 contract

Samples: Standard Office Lease (Smartflex Systems 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 Is asserted shall have the right to make payment "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 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 pr or so much thereof as it was not legally required to pay. A Party who does not initiate suit for pay under the recovery provisions of sums paid "under protest" within 6 months shall be deemed to have waived its rights to protest such paymentthis Lease.

Appears in 1 contract

Samples: Lease Agreement (Bikers Dream 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 or 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 pr or so much thereof as it was not legally required to pay. A Party who does not initiate suit for pay under the recovery provisions of sums paid "under protest" within 6 months shall be deemed to have waived its rights to protest such paymentthis Lease.

Appears in 1 contract

Samples: Standard Industrial/Commercial Single Tenant Lease Gross (Intellisys Group 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 t)ayment 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 pr or so much thereof as it was not legally required to pay. A Party who does not initiate suit for pay under the recovery provisions of sums paid "under protest" within 6 months shall be deemed to have waived its rights to protest such paymentthis Lease.

Appears in 1 contract

Samples: Lease Agreement (Netter Digital Entertainment 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 a 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 pr with interest or so much thereof as it was not legally required to pay. A Party who does not initiate suit for pay under the recovery provisions of sums paid "under protest" within 6 months shall be deemed to have waived its rights to protest such paymentthis Lease.

Appears in 1 contract

Samples: Lease (Exodus Communications 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 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 pr or so much thereof as it was not legally required to pay. A Party who does not initiate suit for pay under the recovery provisions of sums paid "under protest" within 6 months shall be deemed to have waived its rights to protest such paymentthis Lease.

Appears in 1 contract

Samples: Standard Industrial Lease (Prolong International 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 sums or any part thereof, said Party party shall be entitled to recover such sum pr or so much thereof as it was not legally required to pay. A Party who does not initiate suit for pay under the recovery provisions of sums paid "under protest" within 6 months shall be deemed to have waived its rights to protest such paymentthis Lease.

Appears in 1 contract

Samples: Standard Industrial Lease (LJL Biosystems 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 ", in which case such payment shall not be regarded as a voluntary payment payment, and there shall survive the right on the part of said the paying Party to dispute and, if not resolved, to institute suit for proceedings seeking the recovery of such sumdisputed amount. If it shall be adjudged finally determined 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, without interest, such sum pr or so much thereof as it was not legally required to pay. A Party who does not initiate suit for pay under the recovery provisions of sums paid "under protest" within 6 months shall be deemed to have waived its rights to protest such paymentthis Lease.

Appears in 1 contract

Samples: 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. 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 pr or so much thereof as it was not legally required to pay. A Party who does not initiate suit for the recovery of sums paid "under protest" within 6 months shall be deemed to have waived its rights to protest such payment.PAGE 14 Initials _________ FORM STN-6-2/97

Appears in 1 contract

Samples: Standard Industrial/Commercial Single Tenant Lease Net (Petco Animal Supplies Inc)

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!