Common use of Protest Payments Clause in Contracts

Protest Payments. If at any time a dispute shall arise as to any amount or sum of money to be paid by Tenant to Landlord under the provisions of this Lease, Tenant 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 Tenant to seek the recovery of such sum, and if it should be adjudged that there was no legal obligation on Tenant to pay such sum or any part thereof, Tenant 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; and if at any time a dispute shall arise between the parties hereto as to any work to be performed by either of them under the provisions of this Lease, the party against whom the obligation to perform the work is asserted may perform such work and pay the cost thereof “under protest” and the performance of such work shall in no event be regarded as a voluntary performance and there shall survive the right upon the part of said Tenant and/or Landlord to seek the recovery of the cost of such work, and if it shall be adjudged that there was no legal obligation on the part of said Tenant and/or Landlord to perform the same or any part thereof, said Tenant and/or Landlord shall be entitled to recover from the other party the cost of such work or the cost of so much thereof as Tenant or Landlord was not legally required to perform under the provisions of this Lease.

Protest Payments. If at any time a dispute shall arise as to any amount or sum of money to be paid by Tenant to Landlord under the provisions of this Lease, Tenant shall nevertheless continue to make payments to Landlord. Tenant shall have the right to make payment “under protest” ”, provided Tenant so contemporaneously advises Landlord it is doing so, and articulates with specificity the nature of the dispute, and such payment shall not be regarded as a voluntary payment, and there shall survive the right on the part of Tenant to seek the recovery of such sum, and if it should be adjudged that there was no legal obligation on Tenant to pay such sum or any part thereof, Tenant 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, together with statutory interest on the amount returned to Tenant for the period commencing on the date such payment is received by Landlord until the date such sum is returned to Tenant (such amount of interest being referred to as “Interest”); and if at any time a dispute shall arise between the parties Parties hereto as to any work to be performed by either of them under the provisions of this Lease, the party Party against whom the obligation to perform the work is asserted may perform such work and pay the cost thereof “under protest” and the performance of such work shall in no event be regarded as a voluntary performance and there shall survive the right upon the part of said Tenant and/or Landlord to seek the recovery of the cost of such work, and if it shall be adjudged that there was no legal obligation on the part of said Tenant and/or Landlord to perform the same or any part thereof, said Tenant and/or Landlord shall be entitled to recover from the other party the cost of such work or the cost of so much thereof as Tenant or Landlord was not legally required to perform under the provisions of this Lease, together with Interest, as calculated earlier in this Section 23.12.

Protest Payments. If at any time a dispute shall arise as to any amount or sum of money to be paid by Tenant Developer to Landlord County under the provisions of this LeaseAgreement, Tenant in addition to the rights set forth in Article 19 herein, Developer 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 Tenant Developer to seek the recovery of such sum, and if it should be adjudged that there was no legal obligation on Tenant Developer to pay such sum or any part thereof, Tenant Developer shall be entitled to recover such sum or so much thereof as it was not legally required to pay under the provisions of this LeaseAgreement; and if at any time a dispute shall arise between the parties hereto as to any work to be performed by either of them under the provisions of this LeaseAgreement, the party against whom the obligation to perform the work is asserted may perform such work and pay the cost thereof “"under protest” " and the performance of such work shall in no event be regarded as a voluntary performance and there shall survive the right upon the part of said Tenant Developer and/or Landlord County to seek the recovery of the cost of such work, and if it shall be adjudged that there was no legal obligation on the part of said Tenant Developer and/or Landlord County to perform the same or any part thereof, said Tenant Developer and/or Landlord County shall be entitled to recover from the other party the cost of such work or the cost of so much thereof as Tenant Developer or Landlord County was not legally required to perform under the provisions of this LeaseAgreement.