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 service 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 (Central Coast Bancorp)

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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 service survive the right on the part 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 to pay such sum or any part thereof as it was not legally required to pay under the this provisions of this Lease.

Appears in 1 contract

Samples: Standard Industrial/Commercial Multi Tenant Lease (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 Party to the other under the provisions 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 service survive 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 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 (Doskocil Manufacturing 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 provision 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 service survive 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 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 (Microtel International 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 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 service survive the right on the part 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 to pay such sum or any part so much thereof as it was not legally required to pay under the provisions of this Lease.

Appears in 1 contract

Samples: Lease Agreement (Synbiotics Corp)

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