Common use of Payment under Protest Clause in Contracts

Payment under Protest. If at any time a dispute arises regarding 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 is asserted shall have the right to make payment "under protest", and any such payment will not be regarded as a voluntary payment. In addition, the right on the part of such party to institute suit for the recovery of such sum will survive. If it is adjudged that there was no legal obligation on the part of such party to pay such sum or any part thereof, such party will be entitled to recover such sum or so much thereof as it was not legally required to pay under the provisions of this Lease, with interest thereon at the Interest Rate.

Appears in 1 contract

Sources: Build to Suit Lease (Macromedia Inc)

Payment under Protest. If at any time a dispute arises regarding shall arise as to any amount or sum of money to be paid by one party to the other under the provisions hereofof the Lease, the party against whom the obligation to pay the money is asserted shall have the right to make payment "under protest", " and any such payment will shall not be regarded as a voluntary payment. In addition, and there shall survive the right on the part of such said party to institute suit for the recovery of such sum will survivesum. If it is shall be adjudged that there was no legal obligation on the part of such said party to pay such sum or any part thereof, such said party will 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, the Lease with interest thereon at the Interest RateRate from the date of payment through the date of recovery.

Appears in 1 contract

Sources: Build to Suit Lease Agreement (Valley Media Inc)