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 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 184 contracts
Samples: Sublease Agreement (Genoptix Inc), Lease (Gsi Technology Inc), Lease (Gsi 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 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 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.
Appears in 106 contracts
Samples: Lease (Esterline Technologies Corp), For Lease Agreement (Golden West Brewing Company, Inc.), Office Lease (Pacific Crest Capital 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 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 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 Leasepay.
Appears in 98 contracts
Samples: Industrial Real Estate Association (Bairnco Corp /De/), Work Letter Agreement (Adventrx Pharmaceuticals Inc), Lease Extension Agreement (Alphatec Holdings, 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 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 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 Leasepay.
Appears in 38 contracts
Samples: Lease (Zulily, Inc.), Net Lease (Dave Inc./De), Sublease Agreement (AltheaDx, 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 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 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 pay. A Party who does not initiate suit for the recovery of sums paid “under the provisions of this Leaseprotest” within 6 months shall be deemed to have waived its right to protest such payment.
Appears in 26 contracts
Samples: Office Lease (Vickers Vantage Corp. I), Tenant Improvement Agreement (Genoptix Inc), Multi Tenant Office Lease (America Great Health)
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 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 20 contracts
Samples: Purchase, Sale and Leaseback Agreement (Dividend Capital Total Realty Trust Inc.), Commercial Lease Agreement (Openwave Systems Inc), Lease Agreement (Aperion Biologics, 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 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 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 pay. A Party who does not initiate suit for the recovery of sums paid "under the provisions of this Leaseprotest" within 6 months shall be deemed to have waived its right to protest such payment.
Appears in 20 contracts
Samples: Assignment of Lease (Vital Therapies Inc), Guaranty of Lease (International Stem Cell CORP), Multi Tenant Office Lease (Energy Vault Holdings, 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" ” 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 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.
Appears in 17 contracts
Samples: Office Lease (Obagi Medical Products, Inc.), Office Lease (Obagi Medical Products, Inc.), Guaranty (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 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 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 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.
Appears in 6 contracts
Samples: Lease Agreement (Palmsource Inc), Standard Office Lease (Xencor Inc), Standard Office Lease (Xencor 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" 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 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 6 contracts
Samples: Centaur Pharmaceuticals Inc, Hawker Pacific Aerospace, Hawker Pacific Aerospace
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 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 5 contracts
Samples: Agreement (Restoration Hardware Inc), Marimba Inc, Intertrust 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 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 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 Leasepay. 44.
Appears in 4 contracts
Samples: Hi Shear Technology Corp, Laser Pacific Media Corporation, Laser Pacific Media 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 la 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 of said Party to institute Institute suit for recovery of o1 such sum. If it 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 It was not legally required to pay under the provisions of this Lease.
Appears in 4 contracts
Samples: Amexdrug Corp, Amexdrug Corp, Amexdrug 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 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 adjudged that there was no legal obligation on the part of said Party party to pay such sum or of 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.
Appears in 4 contracts
Samples: Lease Agreement, Startup Lab Lease Agreement, Work Agreement
Performance Under Protest. If It 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 the right on the part of said Party to institute suit for recovery of such sum. If it shall be adjudged that Initials: ____ ____ there was no legal obligation on the part pan 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 4 contracts
Samples: Agreement for Purchase and Sale (Artest Corp), Sublease Agreement (Artest Corp), Agreement for Purchase and Sale (Artest 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 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 Leasepay.
Appears in 4 contracts
Samples: Asset Purchase Agreement (Item 9 Labs Corp.), www.speedytemplate.com, printableleaseagreement.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 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 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 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.
Appears in 4 contracts
Samples: Park Electrochemical Corp, Profile Technologies Inc, Motor Cargo 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 to the other under the provisions hereof, the Party against whom the obligation to pay the money is asserted shall have survive 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 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 4 contracts
Samples: Single Tenant Lease (Orthologic Corp), Single Tenant Lease (Microage Inc /De/), Microage Inc /De/
Performance Under Protest. If at any time anytime 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 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 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.
Appears in 4 contracts
Samples: Industrial Lease (Iprint Com Inc), Office Lease (Total Film Group Inc), Genetronics Biomedical LTD
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 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 4 contracts
Samples: DCH Technology Inc, Laser Photonics Inc, North Valley 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 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 and there shall 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 Leasepay.
Appears in 3 contracts
Samples: Cumetrix Data Systems Corp, Cumetrix Data Systems Corp, Cumetrix Data Systems 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 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 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.
Appears in 3 contracts
Samples: Document Capture Technologies, Inc., Document Capture Technologies, Inc., Sysview 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 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 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, plus interest at the rate specified in paragraph 13.5.
Appears in 3 contracts
Samples: Lease (Radiant Logistics, Inc), ChemoCentryx, Inc., ChemoCentryx, 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" 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 each 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 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 3 contracts
Samples: Industrial Lease (Viper Networks Inc), Standard Industrial Lease (Xoma Corp /De/), Industrial Lease (Viper Networks 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 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 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 3 contracts
Samples: Advanced Aerodynamics & Structures Inc/, Boyds Wheels Inc, Boyds Wheels 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" 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 adjudged that there was no legal obligation on the part party 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.
Appears in 3 contracts
Samples: Butterfield & Butterfield Auctioneers Corp, Butterfield & Butterfield Auctioneers Corp, Butterfield & Butterfield Auctioneers 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 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, 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 3 contracts
Samples: Rockford Corp, Coyote Sports Inc, Premium Cigars International LTD
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 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 pay. A Party who does not initiate suit for the recovery of sums paid “under the provisions of this Leaseprotest” with 6 months shall be deemed to have waived its right to protest such payment.
Appears in 3 contracts
Samples: Lumenis LTD, AutoGenomics, Inc., AutoGenomics, Inc.
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 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 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 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.
Appears in 3 contracts
Samples: Discovery Partners International Inc, Lease (WTC Industries Inc), Lease Agreement (Sportsmans Guide 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 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 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 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 2 contracts
Samples: Modtech Holdings Inc, Modtech 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 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 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 of 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 2 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 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 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 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.
Appears in 2 contracts
Samples: Agreement of Lease (Cosmetic Center Inc), Dental Medical Diagnostic Systems 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 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 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 Leasepay.
Appears in 2 contracts
Samples: Equinix Inc, Equinix 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" 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 adjudged that there was no legal obligation on the part of said Party party to pay such sum or any part thereof, said Party parry 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, along with interest thereon at the highest lawful rate and reasonable and necessary attorney's fees and any damages caused thereby.
Appears in 2 contracts
Samples: Gardens Office Building Lease Agreement (Advanced Media Inc), Assignment of Lease Agreement (Progressive Training, Inc.)
Performance Under Protest. If at any time a dispute shall arise as to any amount or sum of money to be paid aid 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 and there shall 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 2 contracts
Samples: Centaur Pharmaceuticals Inc, Centaur Pharmaceuticals 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" 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 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.
Appears in 2 contracts
Samples: Us Search Corp Com, Direct Focus 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 "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 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.
Appears in 2 contracts
Samples: Cavco Industries Inc, Mobility Electronics 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" and such payment shall not be regarded as a voluntary 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 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 plus interest at the Interest Rate. Neither party which fails to pay "under the provisions of this Leaseprotest" waives its right to later object to such payment.
Appears in 2 contracts
Samples: Disturbance and Attornment Agreement (Etoys Inc), Deed of Lease (Etoys 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" ” and such payment shall not be regarded as a voluntary payment and there shall survive the right on the part of said Party party to institute suit for recovery of such sumsum together with interest. 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 party shall be entitled to recover such sum or so much thereof as it was not legally required to pay under plus interest at the provisions of rate provided for in this Lease. Neither party which fails to pay “under protest” waives its right to later object to such payment.
Appears in 2 contracts
Samples: Deed of Lease (Bank of the James Financial Group Inc), Non Disturbance and Attornment Agreement (Bank of the James Financial 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 obligation to pay the them 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 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 Leasepay.
Appears in 2 contracts
Samples: Office Lease, Office Lease
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 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 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.
Appears in 2 contracts
Samples: Letter Agreement (Fusion Medical Technologies Inc), Resonate 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" 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 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.
Appears in 2 contracts
Samples: Optical Access Inc, Optical Access 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 protestprotect" 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 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.
Appears in 2 contracts
Samples: Park Electrochemical Corp, Park Electrochemical 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 survive the right on the part of said Party to institute suit for recovery of such sumsuit. 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 2 contracts
Samples: American Custom Components Inc, American Custom Components 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 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 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, plus interest at the maximum rate allowable by Law.
Appears in 2 contracts
Samples: Assignment and Assumption (Pc Mall Inc), Lease Agreement (Limoneira CO)
Performance Under Protest. If at any time a dispute shall arise as arises 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 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 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.
Appears in 2 contracts
Samples: Standard Office Lease (San Diego Soccer Development Corp), Lease Agreement (San Diego Soccer Development 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 obligation to pay the money is asserted shall have the right to make payment "“under protest" ” by depositing such payment in an escrow account pending resolution of the dispute, 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 adjudged that there was no legal obligation on the part of said Party party to pay such sum or of 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.
Appears in 2 contracts
Samples: Lease Agreement, Lease Agreement
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 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 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 the Lease.
Appears in 2 contracts
Samples: Tenant Lease (Kensey Nash Corp), Office Lease American (Intermune Pharmaceuticals 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 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 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 2 contracts
Samples: Northstar Computer Forms Inc/Mn, Microtel International 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 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 adjudged that there was no legal obligation on the part of said 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.
Appears in 2 contracts
Samples: Emmaus Holdings, Inc., Emmaus Holdings, 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 part 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 and there shall survive the right on the part of said Party party to institute initiate suit or other action 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 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 2 contracts
Samples: Security Associates International Inc, Security Associates International 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 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 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 2 contracts
Samples: Lease Agreement (Hawker Pacific Aerospace), Liquid Audio 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 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 the 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 Leasepay.
Appears in 2 contracts
Samples: Dippy Foods Inc, Dippy Foods 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 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 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 Leasepay. 43.
Appears in 2 contracts
Samples: Office Lease Gross (Reconstruction Data Group Inc), Freehand Information Systems, 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 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 adjudged that there was no legal obligation on the part of said Party to pay such sum or of 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 2 contracts
Samples: Homestead Com Inc, Homestead Com 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 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 pan 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 Leasepay.
Appears in 2 contracts
Samples: Arbitration Agreement (Nextest Systems Corp), Arbitration Agreement (Nextest Systems 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 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 pay. Party who does not initiate suit for the recovery of sums paid “under the provisions of this Leaseprotest” within 6 months shall be deemed to have waived its right to protest such payment.
Appears in 2 contracts
Performance Under Protest. If at any time anytime 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 the right on the part of said Party to institute suit for recovery of such sum. If 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 2 contracts
Samples: Micro General Corp, Micro General 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 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 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 provision of this Lease.
Appears in 2 contracts
Samples: Office Lease (Optimumcare Corp /De/), Office Lease (Optimumcare Corp /De/)
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 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 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 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.
Appears in 2 contracts
Samples: Tenant Lease Agreement (Wireless Ronin Technologies Inc), First Lease Amendment Agreement (Transoma Medical Inc)
Performance Under Protest. If at any time a dispute shall arise as to to-any amount or sum of money to be paid by one Party part to the other under the provisions hereof, revisions 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 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 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 Leaselease.
Appears in 1 contract
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 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 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: Modtech 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 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 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 plus interest as otherwise required in this Lease.
Appears in 1 contract
Samples: Factory 2 U Stores Inc
Performance Under Protest. If if at any time 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 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 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.
Appears in 1 contract
Samples: Sonic Foundry 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" ” 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 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.
Appears in 1 contract
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" 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 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 Leasepay.
Appears in 1 contract
Samples: Remec 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" ” 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 , 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 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.. Initials: BA JWB
Appears in 1 contract
Samples: Inamed 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 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 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.
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 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 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 if was not legally required to pay under the provisions of this Lease.
Appears in 1 contract
Samples: Advanced Precision 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 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 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 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 Leasepay.
Appears in 1 contract
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 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 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.. Initials: KL PML
Appears in 1 contract
Samples: Inamed Corp
Performance Under Protest. If It 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 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: Paramark Enterprises Inc
Performance Under Protest. If at any time a dispute shall arise as to any amount or sum of money to be paid pad by one Party to the other under the provisions hereof, the Party against whom the 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 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 . 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 Leasepay.
Appears in 1 contract
Samples: Office Lease Gross (VIASPACE 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 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 the 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: Razorfish 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 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 adjudged that there was no legal obligation on the part of said 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 Leasepay.
Appears in 1 contract
Samples: Cerus 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" protest and such payment shall not be regarded as a voluntary payment and there shall survive the right on the part Dart 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 Day 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 Leasepay.
Appears in 1 contract
Samples: Ipl Systems 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 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 Leasepay.
Appears in 1 contract
Samples: Trio Tech International
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 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 Leasepay. Lessee, at its option, may set-off any such sum it may be adjudged entitled to recover against future rent.
Appears in 1 contract
Samples: Masimo 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 on 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 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 party 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: Microtel International 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" 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 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 Leaselease.
Appears in 1 contract
Samples: Valley National Corp /De/
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 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 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 Leasepay.
Appears in 1 contract
Samples: Lease (Therma Wave 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" ” 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 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.. Initials /s/ TG /s/ RNB
Appears in 1 contract
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 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 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: Saba Petroleum 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 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 the right on the part of said Party to institute suit for recovery of such sum. If it shall be adjudged that there [ILLEGIBLE] 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 [ILLEGIBLE] legally required to pay under the provisions of this Lease.
Appears in 1 contract
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 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, ["together with interest at the rate provided under Paragraph 19" - inserted].
Appears in 1 contract
Samples: Aetrium 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 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 is 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 Leasepay.
Appears in 1 contract
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 the right on the part of said Party to institute suit for recovery of such sum. If 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: Spectratek 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 party to the other under the provisions hereof, 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 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 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 Leaselease.
Appears in 1 contract
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 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 Leasepay.
Appears in 1 contract
Samples: Exodus Communications Inc
Performance Under Protest. 46.1 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 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 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 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.
Appears in 1 contract
Samples: Wilshire 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 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 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: Zomax Optical Media 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 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 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 Leaselease.
Appears in 1 contract
Samples: Guitar Center 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 survive the right on the part of said Party to institute suit for recovery of such sum. If 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 (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 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 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: Nanogen 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 hereofof the Lease, the Party party against whom the 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 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.
Appears in 1 contract
Samples: Uti 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 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 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.
Appears in 1 contract
Samples: TUTOR PERINI 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 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 adjudged adjusted 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.
Appears in 1 contract
Samples: Office Lease (Chemdex 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 to 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 of 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 Leasepay.
Appears in 1 contract
Samples: United Defense 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 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 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, together with interest thereon at the rate of ten percent (10%) per annum for the period beginning on the date of such payment and ending on the date of such recovery.
Appears in 1 contract
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 the right on the part of said Party to institute suit for recovery of such sumclaim. If it shall be adjudged that there was no legal obligation on the part of said Party to pay such sum or of 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 Leasepay.
Appears in 1 contract
Samples: Lease (Osmetech PLC)