Common use of Performance Under Protest Clause in Contracts

Performance Under Protest. If at any time a dispute shall arise as to any amount or sum of money to be paid by one Party to the other under the provisions hereof, the Party against whom the obligation to pay the money is asserted shall have the right to make payment “under protest” and such payment shall not be regarded as a voluntary payment and there shall survive 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. A Party who does not initiate suit for the recovery of sums paid “under protest” within 6 months shall be deemed to have waived its right to protest such payment.

Appears in 27 contracts

Sources: Office Lease (Vickers Vantage Corp. I), Lease Agreement (Brownie's Marine Group, Inc), Standard 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. A Party who does not initiate suit for the recovery of sums paid "under protest" within 6 months shall be deemed to have waived its right to protest such payment.

Appears in 24 contracts

Sources: Lease Agreement (Ceribell, Inc.), Lease Agreement (Ceribell, Inc.), Standard 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 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. A Party who does not initiate suit for pay under the recovery provisions of sums paid “under protest” within 6 months shall be deemed to have waived its right to protest such paymentthis Lease.

Appears in 18 contracts

Sources: Standard Office Lease (Elastic N.V.), Standard Office Lease (Elastic N.V.), Standard Office Lease (INPHI 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. A Party who does not initiate suit for pay under the recovery provisions of sums paid “under protest” within 6 months shall be deemed to have waived its right to protest such paymentthis Lease.

Appears in 5 contracts

Sources: Assignment and Assumption of Sublease (Marimba Inc), Standard Industrial/Commercial Multi Tenant Lease (Intertrust Technologies Corp), Assignment and Assumption of Sublease (Marimba 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. A Party who does not initiate suit for pay under the recovery provisions of sums paid “under protest” within 6 months shall be deemed to have waived its right to protest such paymentthis Lease.

Appears in 4 contracts

Sources: Single Tenant Lease (Microage Inc /De/), Single Tenant Lease (Microage Inc /De/), Single Tenant Lease Net (Southwall Technologies Inc /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 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. A Party who does not initiate suit for the recovery of sums paid “under protest” within with 6 months shall be deemed to have waived its right to protest such payment.

Appears in 4 contracts

Sources: Lease Agreement (VenHub Global, Inc.), Standard Industrial/Commercial Single Tenant Lease Net (AutoGenomics, Inc.), Standard Industrial/Commercial Single Tenant Lease Net (AutoGenomics, Inc.)

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. A Party who does not initiate suit for pay under the recovery provisions of sums paid “under protest” within 6 months shall be deemed to have waived its right to protest such paymentthis Lease.

Appears in 4 contracts

Sources: Purchase and Sale Agreement (Artest Corp), Purchase and Sale Agreement (Artest Corp), Sublease Agreement (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. A Party who does not initiate suit for pay provisions of this Lease, plus interest at the recovery of sums paid “under protest” within 6 months shall be deemed to have waived its right to protest such paymentrate specified in paragraph 13.5.

Appears in 3 contracts

Sources: Lease Agreement (Radiant Logistics, Inc), Standard Industrial/Commercial Multi Tenant Lease (ChemoCentryx, Inc.), Standard Industrial/Commercial Multi Tenant Lease (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 to the other under the provisions hereof, the Party against whom the obligation to pay the money is asserted assorted 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. A Party who does not initiate suit for the recovery of sums paid "under protest" within 6 months shall be deemed to have waived its right to protest such payment.

Appears in 2 contracts

Sources: Standard Industrial/Commercial Multi Tenant Lease Gross, Standard Industrial/Commercial Multi Tenant Lease Gross (Zoned Properties, 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. A Party who does not initiate suit for pay under the recovery provisions of sums paid “under protest” within 6 months shall be deemed to have waived its right to protest such paymentthis 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

Sources: Office 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 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. A Party who does not initiate suit for pay under the recovery provisions of sums paid “under protest” within 6 months shall be deemed to have waived its right to protest such paymentthis Lease.

Appears in 2 contracts

Sources: Lease Agreement (Cosmetic Center Inc), Standard Industrial Lease (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 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 paypay plus interest at the rate provided for in this Lease. A Party who does not initiate suit for the recovery of sums paid Neither party which fails to pay “under protest” within 6 months shall be deemed to have waived waives its right to protest later object to such payment.

Appears in 2 contracts

Sources: Deed of Lease (Bank of the James Financial Group Inc), Lease 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 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. A Party who does not initiate suit for the recovery of sums paid “under protest” within 6 months shall be deemed to have waived its right to protest such payment.

Appears in 2 contracts

Sources: Standard Industrial/Commercial Single Tenant Lease (Fox Factory Holding Corp), Lease Agreement (Fox Factory Holding 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. A Party who does not initiate suit for pay under the recovery provision of sums paid “under protest” within 6 months shall be deemed to have waived its right to protest such paymentthis Lease.

Appears in 2 contracts

Sources: Standard Office Lease (Optimumcare Corp /De/), Standard Office Lease (Optimumcare 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 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 pr so much thereof as it was not legally required to pay. A Party who does not initiate suit for the recovery of sums paid "under protest" within 6 months shall be deemed to have waived its right rights to protest such payment.

Appears in 2 contracts

Sources: Standard Industrial/Commercial Multi Tenant Lease (Ironclad Performance Wear Corp), Lease Agreement (Ironclad Performance Wear 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. A Party who does not initiate suit for pay under the recovery provisions of sums paid “under protest” within 6 months shall be deemed to have waived its right to protest such paymentthis Lease, plus interest at the maximum rate allowable by Law.

Appears in 2 contracts

Sources: Lease Agreement (Limoneira CO), Purchase and Sale Agreement (Pc Mall Inc)

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. A Party who does not initiate suit for pay under the recovery provisions of sums paid “under protest” within 6 months shall be deemed to have waived its right to protest such paymentthis Lease.

Appears in 2 contracts

Sources: Standard Office Lease (San Diego Soccer Development Corp), Lease Agreement (San Diego Soccer Development Corp)

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” 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. A Party who does not initiate suit for pay under the recovery provisions of sums paid “under protest” within 6 months shall be deemed to have waived its right to protest such paymentthis Lease.

Appears in 1 contract

Sources: Standard Office Lease (FriendFinder 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 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. A Party who does not initiate suit for the recovery of sums paid “under protest” within 6 months shall be deemed to have waived its right to protest such payment.

Appears in 1 contract

Sources: 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 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. A Party who does not initiate suit for the recovery of sums paid "under protest" within 6 months 6months shall be deemed to have waived its right to protest such payment.

Appears in 1 contract

Sources: Industrial/Commercial Multi Tenant Lease (Liquidmetal 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, 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 par thereof, said Party party shall be entitled to recover such sum or so much thereof as it was not legally required to pay. A Party who does not initiate suit for pay under the recovery provisions of sums paid “under protest” within 6 months shall be deemed to have waived its right to protest such paymentthis Lease.

Appears in 1 contract

Sources: Standard Industrial Lease (Temtex Industries Inc)

Performance Under Protest. If at any are 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 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 far 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. A Party who does not initiate suit for the recovery of sums paid "under protest" within 6 months shall be deemed to have waived its right to protest such payment.

Appears in 1 contract

Sources: Standard Multi Tenant Office Lease (Icon Vapor, 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. A Party who does not initiate suit for the recovery of sums paid 'under protest” within 6 ' with six (6) months shall be deemed to have waived its right to protest such payment.

Appears in 1 contract

Sources: 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 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 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. A Party who does not initiate suit for pay under the recovery provisions of sums paid “under protest” within 6 months shall be deemed to have waived its right to protest such payment.this Lease,

Appears in 1 contract

Sources: Standard Industrial/Commercial Single Tenant Lease Gross (American Fire Retardant 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 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. A Party who does not initiate suit for the recovery of sums paid "under protest” within " with 6 months shall be deemed to have waived its right to protest such payment.

Appears in 1 contract

Sources: Lease Agreement (Reeds 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. A Party who does not initiate suit for the recovery of sums paid “under protest” within 6 months shall Lessee, at its option, may set-off any such sum it may be deemed adjudged entitled to have waived its right to protest such paymentrecover against future rent.

Appears in 1 contract

Sources: Sublease Agreement (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 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. A Party who does not initiate suit for pay together with interest thereon at the recovery of sums paid “under protest” within 6 months shall be deemed to have waived its right to protest such paymentPrime Rate plus two percent (2%).

Appears in 1 contract

Sources: Lease Agreement (Oplink Communications 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 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. A Party who does not initiate suit for pay under the recovery provisions of sums paid “under protest” within 6 months shall be deemed to have waived its right to protest such paymentthis Lease.

Appears in 1 contract

Sources: Lease Agreement (BGF 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. A Party who does not initiate suit for pay under the recovery provisions of sums paid “under protest” within 6 months shall be deemed to have waived its right to protest such paymentInitials___/___ --21-- this Lease.

Appears in 1 contract

Sources: Lease Agreement (Wavesplitter 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. A Party who does not initiate suit for the recovery of sums paid "under protest” within ' with 6 months shall be deemed to have waived its right to protest such payment.

Appears in 1 contract

Sources: Lease Agreement (SPI Energy Co., 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 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 paypay under the provisions of this Lease. A Party who does not initiate suit for the recovery of sums paid “under protest” within 6 months shall be deemed to have waived its right to protest such payment.Initials: BA JWB

Appears in 1 contract

Sources: Sublease Agreement (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” 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. A Party who does not initiate suit for pay under the recovery provisions of sums paid “under protest” within 6 months shall be deemed to have waived its right to protest such paymentthis Lease.

Appears in 1 contract

Sources: Standard Industrial Lease (Drone USA 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. A Party who does not initiate suit pay under the provisions of this Lease, together with interest thereon at the rate of ten percent (10%) per annum for the recovery period beginning on the date of sums paid “under protest” within 6 months shall be deemed to have waived its right to protest such paymentpayment and ending on the date of such recovery.

Appears in 1 contract

Sources: Lease (Universal 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 to the other under the provisions conditions 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. A Party who does not initiate suit for pay under the recovery provisions of sums paid “under protest” within 6 months shall be deemed to have waived its right to protest such paymentthis Lease.

Appears in 1 contract

Sources: Multi Tenant Industrial Lease (American Medical Systems 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 voluntar 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. A Party who does not initiate suit for pay under the recovery provisions of sums paid “under protest” within 6 months shall be deemed to have waived its right to protest such paymentthis Lease.

Appears in 1 contract

Sources: Lease Agreement (Icc Technologies Inc)

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 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. A Party who does not initiate suit for the recovery of sums paid “under protest” within 6 months shall be deemed to have waived its right to protest such payment.

Appears in 1 contract

Sources: Standard Industrial/Commercial Single Tenant Lease Net (Glass House Brands 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. A Party who does not initiate suit for the recovery of sums paid “under protest” within 6 with six months shall be deemed to have waived its right to protest such payment.

Appears in 1 contract

Sources: Industrial/Commercial Single Tenant Lease (Stevanato Group S.p.A.)

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 It was not legally required to paypay under the provisions of this Lease. A Party who does not initiate suit for the recovery of sums paid “under protest” within 6 months shall be deemed to have waived its right to protest such payment.Landlord Initials:____________ FULL SERVICE - GROSS Tenant Initials:____________

Appears in 1 contract

Sources: Office Lease (Excalibur 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 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. A Party who does not initiate suit for the recovery of sums paid “under protest” within with 6 months shall be deemed to have waived its right to protest such payment.

Appears in 1 contract

Sources: Standard Industrial/Commercial Single Tenant Lease (BridgeBio Pharma, 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. A Party who does not initiate suit for the recovery of sums paid "under protest" within 6 months shall be deemed to have waived its right to protest such payment.. __________ __________ __________ __________ INITIALS INITIALS

Appears in 1 contract

Sources: Lease Agreement (Ministry Partners Investment 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. A Party who does not initiate suit for the recovery of sums paid "under protest” within " with 6 months shall be deemed to have waived its right to protest such payment.

Appears in 1 contract

Sources: Lease (VenHub Global, 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 any 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. A Party who does not initiate suit for pay under the recovery provisions of sums paid “under protest” within 6 months shall be deemed to have waived its right to protest such paymentthis Lease.

Appears in 1 contract

Sources: Building Lease (Callaway Golf Co /Ca)

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 paypay under the provisions of this Lease. A Party who does not initiate suit for the recovery of sums paid “under protest” within 6 months shall be deemed to have waived its right to protest such payment.Initials: /s/ DKH ----------- FULL SERVICE-GROSS /s/ SK ----------- PAGE 9 /s/ AEW

Appears in 1 contract

Sources: Standard Office Lease (Sirf 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” 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. A Party who does not initiate suit for the recovery of sums paid “under protest” within 6 months shall be deemed to have waived its right to protest such payment44.

Appears in 1 contract

Sources: Standard Industrial/Commercial Single Tenant Lease (Laser Pacific Media Corporation)

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 required13 to pay. A Party who does not initiate suit for pay under the recovery provisions of sums paid “under protest” within 6 months shall be deemed to have waived its right to protest such paymentthis Lease.

Appears in 1 contract

Sources: Industrial Lease (Golden West Brewing Company, 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. A Party who does The party holding the funds shall return funds to the other party within thirty (30) days after the ruling that such funds were not initiate suit for the recovery of sums paid “under protest” within 6 months shall be deemed to have waived its right to protest such paymentowed by that other party.

Appears in 1 contract

Sources: Standard Industrial/Commercial Single Tenant Lease Net (Homegrocer 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 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 a 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. A Party who does not initiate suit for pay under the recovery provisions of sums paid “under protest” within 6 months shall be deemed to have waived its right to protest such paymentthis Lease.

Appears in 1 contract

Sources: Net Industrial Lease (Sabratek 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. A Party who does not initiate suit for the recovery of sums paid “under protest” within 6 six (6) months shall be deemed to have waived its right to protest such payment.

Appears in 1 contract

Sources: Commercial Lease (Wilshire Bancorp 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. A Party who does not initiate suit for pay under the recovery provisions of sums paid “under protest” within 6 months shall be deemed to have waived its right to protest such paymentthe Lease.

Appears in 1 contract

Sources: Standard Industrial/Commercial Multi Tenant Lease (La Jolla Pharmaceutical 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 party to the other under the provisions hereof, the Party party against whom who 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 paypay under the provisions of this Lease. A Party who does not initiate suit for the recovery of sums paid “under protest” within 6 months shall be deemed to have waived its right to protest such payment.Initials: ---------- MB ----------

Appears in 1 contract

Sources: Standard Industrial Lease (Ameriquest 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. A Party who does not initiate suit for the recovery of sums paid "under protest" within 6 six (6) months shall be deemed to have waived its right to protest such payment.

Appears in 1 contract

Sources: 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 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. A Party who does not initiate suit for the recovery of sums paid “under protest” within 6 months shall be deemed to have waived its right to protest such payment.. 39 of 42 Initials: ______, _______

Appears in 1 contract

Sources: Lease (Zenlabs 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 Lessor Initials 14 Lessee Initials 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. A Party who does not initiate suit for the recovery of sums paid “under protest” within 6 months 6months shall be deemed to have waived its right to protest such payment.

Appears in 1 contract

Sources: Lease Agreement (RxSight, 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. A Party who does not initiate suit for the recovery of sums paid "under protest” within 6 " with six (6) months shall be deemed to have waived its right to protest such payment.

Appears in 1 contract

Sources: Standard Industrial/Commercial Single Tenant Lease (Sionix Corp)

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 sha ll 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 sumsum . If it shall be adjudged that there was no legal obligation n 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 there of as it was not legally required to pay. A Party who does not initiate suit for the recovery of sums paid "under protest" within 6 months shall be deemed to have waived its right to protest such payment.to

Appears in 1 contract

Sources: Standard Industrial/Commercial Multi Tenant Lease Net (QUICKLOGIC 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. A Party who does The party holding the funds shall return funds to the ether party within thirty (30) days after a final ruling by a court of competent Jurisdiction that such funds were not initiate suit for owed by the recovery of sums paid “under protest” within 6 months shall be deemed to have waived its right to protest such paymentother party.

Appears in 1 contract

Sources: Lease Agreement (Homegrocer 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 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. A Party who does not initiate suit for pay under the recovery provisions of sums paid “this Lease, ["together with interest at the rate provided under protest” within 6 months shall be deemed to have waived its right to protest such paymentParagraph 19" - inserted].

Appears in 1 contract

Sources: Standard Industrial/Commercial Single Tenant Lease (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 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. A Party who does not initiate suit for the recovery of sums paid “under protest” within 6 months shall be deemed to have waived its right to protest such payment44.

Appears in 1 contract

Sources: Standard Industrial/Commercial Single Tenant Lease (Prolong International Corp)