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 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

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 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

Samples: Escrow Agreement (Salem Communications Corp /Ca/)

Performance Under Protest. If at any time a dispute shall arise as to any amount or sum of money to be paid by one Party to the other under the provisions hereof, the Party 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

Samples: Single Tenant Lease (Transdigm Holding Co)

Performance Under Protest. If at any time a dispute shall arise as to any amount or sum of money to be paid by one Party 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

Samples: Lease Agreement (Sunrise Telecom 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.. 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

Samples: Fee Agreement (Orange National Bancorp)

Performance Under Protest. If at any time a dispute shall arise as to any amount or sum of money to be paid by one Party to the other under the provisions hereof, the Party against whom the obligation to pay the money is asserted shall have the right to make payment `"under protest' " and such payment shall not be regarded as a voluntary payment and there shall survive the right on the part 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/

AutoNDA by SimpleDocs

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

Samples: American Consolidated Management 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 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

Samples: Fee Agreement (Orange National Bancorp)

Performance Under Protest. If at any time a dispute shall arise as to any amount or sum of money to be paid by one Party to the other under the provisions hereof, the Party against whom the obligation 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

Time is Money Join Law Insider Premium to draft better contracts faster.