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 or said Party to institute suit for recovery of such sum. 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
Samples: 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 or 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 such sum or so much thereof as it was not legally required to pay under the provisions of this Lease.
Appears in 1 contract
Samples: 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 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 or 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 together with interest thereon at the provisions of this LeasePrime Rate plus two percent (2%).
Appears in 1 contract
Samples: Oplink 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 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 or of said Party to institute suit for recovery of such sum. If is 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
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 or 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
Samples: 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 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 or 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
Samples: 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 or 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
Samples: 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 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 or of said Party to 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 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
Samples: 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 tile 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 or of said Party party to institute suit for recovery of such sum. If it shall be adjudged that there was 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
Samples: Egghead Com 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 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 or 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
Samples: Synthonics 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 or of said Party to institute suit for recovery of such sum. If 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
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 assorted 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 or 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
Samples: Accelerated Networks 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 or 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
Samples: 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 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 or 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
Samples: Trio Tech International
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' protest and such payment shall not be regarded as a voluntary payment and there shall survive the right on the part or of said Party to institute suit for recovery of such sum. If it shall be adjudged that there was no legal obligation on or: the part of said Party to pay such sum or any part thereof, said Party shall she)! be entitled to recover such sum or so much thereof as it was not legally required to pay under the provisions of this Lease.pay
Appears in 1 contract
Samples: Singing Machine 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 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 or 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 of so much thereof as it was not legally required to pay under the provisions of this Lease.
Appears in 1 contract
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 or 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.. Initials: KL PML
Appears in 1 contract
Samples: Inamed 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 or of said Party party to institute suit 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 It was not legally required to pay under the provisions of this Lease. 43.
Appears in 1 contract
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 or 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
Samples: 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 Initials _______ _______ 25 payment shall not be regarded as a voluntary payment and there shall survive the right on the part or 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
Samples: Gumtech International Inc \Ut\
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 or 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 such sum or so much thereof as it was not legally required to pay under the provisions of this Lease.,
Appears in 1 contract
Samples: American Fire Retardant 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 or 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 required13 to pay under the provisions of this Lease.
Appears in 1 contract
Samples: Industrial Lease (Golden West Brewing Company, Inc.)
Performance Under Protest. If at any time a dispute shall arise as to any amount or of 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 or of the 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 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 provision of this Lease.
Appears in 1 contract
Samples: Canmax Inc /Wy/
Performance Under Protest. If at any time a of 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 or 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
Samples: Graphic Controls 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 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 or of said 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 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
Samples: Lease Agreement (American Materials & Technologies 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 or 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
Samples: 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 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 or 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 or so much thereof as if it was not legally required to pay under the provisions of this Lease.
Appears in 1 contract
Samples: Office Lease (Rambus 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 or 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 or so much thereof as it was not legally required to pay under the provisions of this Lease.
Appears in 1 contract
Samples: Sabratek 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 or 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 to much thereof as it was not legally required to pay under the provisions of this Lease.
Appears in 1 contract
Samples: Nuvasive 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 or 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
Samples: 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 any 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 or 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
Samples: Callaway Golf Co /Ca
Performance Under Protest. If at any time anytime a dispute shall arise as to any amount or sum of money to be lobe 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 or pan 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
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 or 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
Samples: 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 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 or 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
Samples: 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 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 or 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 plus interest as otherwise required in this Lease.
Appears in 1 contract
Samples: Factory 2 U Stores 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 or 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
Samples: 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 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 or 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. 44.
Appears in 1 contract
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 or 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. 44.
Appears in 1 contract
Samples: Chatcom Inc