Common use of Performance Under Protest Clause in Contracts

Performance Under Protest. If a dispute arises regarding performance of any obligation under this Lease, the party against which such obligation is asserted shall have the right to perform it under protest, which shall not be regarded as voluntary performance. A party that has performed under protest may institute appropriate proceedings to recover any amount paid or the reasonable cost of otherwise complying with any such obligation, with interest at the Prime Rate.

Appears in 8 contracts

Samples: Lease Agreement, Lease Agreement, Lease Agreement

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Performance Under Protest. If a dispute arises regarding about performance of any obligation under this Lease, the party against which such obligation is asserted shall have the right to perform it under protest, which shall not be regarded as voluntary performance. A party that has performed under protest may institute appropriate proceedings to recover any amount paid or the reasonable cost of otherwise complying with any such obligation, with interest at the Prime Default Rate.

Appears in 3 contracts

Samples: Lease Agreement, Lease Agreement, Lease Agreement

Performance Under Protest. If a dispute arises regarding performance of any obligation under this Restated Lease, the party against which such obligation is asserted shall have the right to perform it under protest, which shall not be regarded as voluntary performance. A party that has shall have performed under protest may shall have the right to institute appropriate proceedings to recover any amount paid or the reasonable cost of otherwise complying with any such obligation, together with interest at the Prime RateRate on funds expended.

Appears in 3 contracts

Samples: Master Lease Agreement (Getty Realty Corp /Md/), Master Lease (Getty Realty Corp /Md/), Master Lease (Getty Petroleum Marketing Inc /Md/)

Performance Under Protest. ‌ . If a dispute arises regarding performance of any obligation under this Lease, the party against which such obligation is asserted shall have the right to perform it under protest, which shall not be regarded as voluntary performance. A party that has performed under protest may institute appropriate proceedings to recover any amount paid or the reasonable cost of otherwise complying with any such obligation, with interest at the Prime Rate.

Appears in 2 contracts

Samples: Lease Agreement, Lease Agreement

Performance Under Protest. If a dispute arises regarding performance of any obligation under this Lease, the party against which such obligation is asserted shall have the right to perform it under protest, which shall not be regarded as voluntary performance. A party that has shall have performed under protest may shall have the right to institute appropriate proceedings to recover any amount paid or the reasonable cost of otherwise complying with any such obligation, together with interest at the Prime RateRate on funds expended.

Appears in 2 contracts

Samples: Prime Lease (A /P I Deposit Corp), Master Lease (Getty Petroleum Marketing Inc)

Performance Under Protest. If a dispute arises regarding performance of any obligation under this Lease, the party against which such obligation is asserted shall have the right to perform it under protest, which shall not be regarded as voluntary performance. A party that has performed under protest may institute appropriate proceedings to recover any amount paid or the reasonable cost of otherwise complying with any such obligation, with interest at the Prime Rate. . All rights and obligations that by their nature are to be performed after any termination of this Lease shall survive any such termination.

Appears in 1 contract

Samples: Lease Agreement

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Performance Under Protest. If a dispute arises regarding about performance of any obligation under this LeaseAgreement, the party Party against which such obligation is asserted shall have the right to perform it such obligation under protest, which shall not be regarded as voluntary performance. A party Party that has performed under protest may institute appropriate proceedings to determine the Parties’ rights and obligations regarding such performance and, if appropriate, to recover any amount paid or the reasonable cost of otherwise complying with any such obligation, with interest at the Prime Rate.

Appears in 1 contract

Samples: Operations and Maintenance Agreement

Performance Under Protest. If In the event that a dispute arises regarding performance of shall arise as to any obligation of Landlord or Tenant under this Lease, the such party against which such obligation is asserted shall have the right to perform it under protest, which .” Such performance shall not be regarded as voluntary performance. A and there shall survive the right on the part of the performing party that has performed under protest may institute appropriate proceedings to recover any amount paid or the reasonable cost of otherwise complying with any contest such obligation, with interest at the Prime Rate.

Appears in 1 contract

Samples: Sublease Agreement (CymaBay Therapeutics, Inc.)

Performance Under Protest. If a dispute arises regarding about performance of any obligation under this LeaseAgreement, the party Party against which such obligation is asserted shall have the right to perform it such obligation under protest, which shall not be regarded as voluntary performance. A party Party that has performed under protest may institute appropriate proceedings to determine the Parties’ rights and obligations regarding such performance and, if appropriate, to recover any amount paid or the reasonable cost of otherwise complying with any such obligation, with interest at the Prime Rate. Survival. All rights and obligations that by their nature are to be performed after any termination of this Agreement shall survive any such termination.

Appears in 1 contract

Samples: Operations and Maintenance Agreement

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