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

Appears in 1 contract

Samples: Anda 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 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 surviveservice 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 as it was not legally required to pay under the provisions of this Lease.

Appears in 1 contract

Samples: Lease Agreement Special Net (Central Coast Bancorp)

Performance Under Protest. 22.1 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 party 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, subject to the other terms and conditions of this Lease, there shall survivesurvive the right on the part of said party to in­stitute suit for the recovery of such sum.

Appears in 1 contract

Samples: Lease (Chicago Pizza & Brewery 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" protest and such payment shall not be regarded as a voluntary payment payment, and there shall survivesurvive 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 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: Industrial Lease (H E R C 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 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 payment, and there shall survivesurvive the right on the part of said party to institute suit for recovery of such sum.

Appears in 1 contract

Samples: Industrial Lease Agreement (Mohawk 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 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 survivesurvive the right on the part of said Party to institute suit for recovery of 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: Synbiotics 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 survivesurvive the right on the part of said Party to institute suit for recovery of such sum. If it shall be adjudged that was not legally required to pay under this provisions of this Lease.

Appears in 1 contract

Samples: Willis Lease Finance 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 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 survivesurvive the right 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: Doskocil Manufacturing Co 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 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 survivesurvive the right 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. 44.

Appears in 1 contract

Samples: Agouron Pharmaceuticals Inc

Performance Under Protest. If at any time a dispute shall arise as to the amount of any amount or sum of money payment to be paid made by one Party party to the other under this Agreement, then 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 ". Such payment shall not be regarded as a voluntary payment. The party making the payment and there shall survivecontinue to have the right to institute suit for recovery of such sum. To the extent that it shall be determined that the party making the payment "under protest" was not required to make such payment, such party shall be entitled to recover such sum or so much of such sum as such party was not legally required to pay pursuant to this Agreement, together with interest on such overpayment at the Prime Rate.

Appears in 1 contract

Samples: HGI - Lakeside

Performance Under Protest. If at any time a dispute shall arise arises as to any amount or sum of money to be paid by one Party to the other under the provisions hereofamounts payable hereunder, the Party party against whom the payment obligation to pay the money is asserted shall have the right to make payment "under protest" and shall retain the right to bring an action to recover such payment shall not be regarded as a voluntary payment and there shall survivesum.

Appears in 1 contract

Samples: Sublease (Century Communities, 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 provision 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 survivesurvive the right 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: Brokerage Commission Agreement (Microtel International Inc)

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