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 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 of said Party to institute suit for recovery of such sum. If it shall be 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

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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 obligations 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 of said Party party to institute suit for recovery of such sum. If it shall be adjusted 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. 44.

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 obligations 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 Except as otherwise provided in this Lease, if it shall be adjusted 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 Lease. 44pay.

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 party to the other under the provisions hereof, the Party party against whom the obligations 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 adjusted 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. 44.23

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 party to the other under the provisions hereof, the Party party against whom the obligations 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 adjusted 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. 44Lease with interest not to exceed 12% per annum.

Appears in 1 contract

Samples: www.lcmschools.org

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 obligations 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 of said Party party to institute suit arbitration pursuant to Section 16.16 for recovery of such sum. If it shall be adjusted 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. 44.

Appears in 1 contract

Samples: Uti Corp

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 obligations 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 adjusted 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. 44.

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 party against whom the obligations 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 adjusted 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. 44.

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 sum of money to be paid by one Party party to the other under the provisions hereof, the Party party against whom the obligations 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 adjusted 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. 44.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 to the other under the provisions hereof, the Party against whom the obligations 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 adjusted 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 Lease. 44Prime 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 party to the other under the provisions hereof, the Party party against whom the obligations 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 Suit for recovery of such sum. If it It shall be adjusted 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. 4443.

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 party to the other under the provisions hereof, the Party party against whom the obligations 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 adjusted adjudged that there was no legal obligation on the part of said Party party to pay such sum or any part par 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. 44.

Appears in 1 contract

Samples: Temtex Industries 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 obligations 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 sum if it shall be adjusted 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: 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 to the other under the provisions hereof, the Party against whom the obligations 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 of said Party to institute suit for recovery of such sum. If it shall be adjusted 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. 44pay.

Appears in 1 contract

Samples: Accelerated Networks Inc

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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 obligations 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 adjusted 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. 4443.

Appears in 1 contract

Samples: Northern Empire Bancshares

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 obligations 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 suite for recovery of such sum. If it shall be adjusted 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. 44.

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 obligations 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 adjusted 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 It was not legally required to pay under the provisions of this Lease. 44pay.

Appears in 1 contract

Samples: Work Letter Agreement (Nexsan 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 obligations 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 adjusted 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. 44.

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 obligations 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 adjusted 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. 44.

Appears in 1 contract

Samples: Sabratek Corp

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 obligations 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 pan of said Party to institute suit for recovery of such sum. If it shall be adjusted 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. 44pay.

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 obligations 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 adjusted adjudged that there was no legal obligation on the part party 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: Align Technology 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 obligations 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 of said Party party to institute suit for recovery of such sum. If it shall be adjusted 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. 44.

Appears in 1 contract

Samples: Egghead Com Inc/De

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