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 riot 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.

Appears in 1 contract

Samples: Security Associates International Inc

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Performance Under Protest. If at any time a dispute shall arise as to any amount or sum of money to be paid by one Party to the other under the provisions hereof, the Party against whom the obligation to pay the money is asserted shall have the right to make payment "under protest" and such payment shall riot not be regarded as a s 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.

Appears in 1 contract

Samples: Non Disturbance and Attornment Agreement (Anadys 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 riot 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 ease.

Appears in 1 contract

Samples: Office Lease (Talarian 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 riot 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.pay under the provisions of this Lease. Initials: AGS --- SS --- FULL SERVICE-GROSS

Appears in 1 contract

Samples: Office Lease (Scheid Vineyards 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 riot 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 It if shall be adjudged that there was no legal obligation on the part of said Party 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 paypay under the provisions of this Lease.

Appears in 1 contract

Samples: Country Star Restaurants 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 party of 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 riot 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.

Appears in 1 contract

Samples: Atmi 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 Is asserted shall have the right to make payment "under protest" and such payment shall riot 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.

Appears in 1 contract

Samples: Office Lease (American River Holdings)

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 t)ayment shall riot 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 paypay under the provisions of this Lease.

Appears in 1 contract

Samples: Netter Digital Entertainment 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 riot 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.

Appears in 1 contract

Samples: Office Lease (Yupi Internet 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 riot not be regarded as a voluntary payment payment, and there shall survive the right on the part of pat xx 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.

Appears in 1 contract

Samples: National Scientific Corp/Az

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 riot 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 shall be sum or so much thereof as it was not legally required to paypay under the provisions of this Lease.

Appears in 1 contract

Samples: Accelerated 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 provi- sions 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 riot 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 paypay under the provisions of this Lease.

Appears in 1 contract

Samples: Agreement (Pacific Biometrics 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 riot not be regarded as a voluntary payment and there shall survive the right on the part of said Party to institute INDUSTRIAL/COMMERCIAL MULTI-TENANT LEASE--GROSS 14 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 paypay under the provisions of Lease.

Appears in 1 contract

Samples: Ciphergen Biosystems 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 party agrees whom the obligation to pay the money is asserted shall have the right to make payment "under protest" and such payment shall riot 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.

Appears in 1 contract

Samples: Notify 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 riot 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.pay under the provisions of this Lease. 5b

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 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 protestUnder Protest" and such payment shall riot 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 paypay under the provisions of this Lease.

Appears in 1 contract

Samples: Headway 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 protestUNDER PROTEST" and such payment shall riot 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 paypay under the provisions of this Lease. 44.

Appears in 1 contract

Samples: Mossimo 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 riot 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, thereof said Party party shall be entitled to recover such sum or so much thereof part thereof, as it was not legally required to paypay under the provisions of this Lease, together with such party's attorneys' fees and court costs to be fixed by the Court.

Appears in 1 contract

Samples: Schein Pharmaceutical 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 riot 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.pay under the provisions of this Lease. FULL SERVICE--GROSS Initials: DB ------------ (Illegible) ------------

Appears in 1 contract

Samples: Macrovision 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 riot not be regarded as a voluntary payment and there shall survive the right on the part of said Party such party to institute suit for recovery of such sum. If it shall be adjudged determined pursuant to arbitration or otherwise that there was no legal obligation on the part of said Party such party to pay such sum or any part thereof, said Party such party shall be entitled to recover such sum or so much thereof as it was not legally required to paypay under the provision of this Lease.

Appears in 1 contract

Samples: Lease Agreement (Oak Ridge Financial Services, 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 Under protest" and such payment shall riot 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.

Appears in 1 contract

Samples: MRV Communications Inc

Performance Under Protest. If at any time a dispute shall may 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 riot 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 logical 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 paypay under the provisions of this Lease.

Appears in 1 contract

Samples: Intellisys 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 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 "payment, under protest" , and such payment shall riot 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 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.

Appears in 1 contract

Samples: Bikers Dream Inc

Performance Under Protest. If at any time anytime a dispute shall arise as to any amount or of 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 riot not be regarded as a voluntary payment payments 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 paypay under the provisions of this Lease.

Appears in 1 contract

Samples: Tmci 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 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 riot 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 paypay under the --20-- Initials /s/ MB / XXX ------------ provisions of this Lease.

Appears in 1 contract

Samples: SBS 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 party against whom the obligation to pay the money is asserted shall have the right to make payment "under protest" and such payment shall riot not be regarded as a voluntary payment 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 paypay under the provisions of this Lease.

Appears in 1 contract

Samples: Office Lease (Advancepcs)

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 riot 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.pay under the provisions of this Lease. Initials: ------ ------ PAGE 23 GROSS

Appears in 1 contract

Samples: Burke Flooring Products 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 riot not be regarded as a voluntary payment payment, and there shall survive the right on the part of said Party such 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 such party to pay such sum or any part thereof, said Party such 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.

Appears in 1 contract

Samples: Disturbance and Attornment Agreement (Myriad Genetics 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 riot not be regarded as a voluntary payment payment, and there shall survive the right on the ont he 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.

Appears in 1 contract

Samples: Lease Agreement (Biosite Diagnostics 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 riot not be regarded as a voluntary payment and arid 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 paypay under the provisions of this Lease.

Appears in 1 contract

Samples: William Lyon Homes

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 riot 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 paypay plus interest from the thirty-first (31st) day after payment "under protest," in accordance with Paragraph 13.5.

Appears in 1 contract

Samples: Lease Agreement (Encad 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 riot 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 sad 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.

Appears in 1 contract

Samples: Trimedyne 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 protestUNDER PROTEST" and such payment shall riot 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.

Appears in 1 contract

Samples: Converse Inc

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Performance Under Protest. If at any time a dispute shall arise as to any amount or sum of money to be paid by one Party to the other under the provisions hereof, the Party against whom the obligation to pay the money is asserted shall have the right to make payment "under protest" and such payment shall riot 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 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.

Appears in 1 contract

Samples: Arbitration Agreement (Luminent 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 payment, shall riot 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 paypay under the provisions of this Lease.

Appears in 1 contract

Samples: Integcom Corp

Performance Under Protest. 44.1 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 riot 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 sums 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 in this Lease.

Appears in 1 contract

Samples: Lease Agreement (Colorado Business Bankshares 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 riot 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 sums 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.

Appears in 1 contract

Samples: Agreement (LJL Biosystems 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 ", in which case such payment shall riot not be regarded as a voluntary payment payment, and there shall survive the right on the part of said the paying Party to dispute and, if not resolved, to institute suit for proceedings seeking the recovery of such sumdisputed amount. If it shall be adjudged finally determined 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 recover, without interest, such sum or so much thereof as it was not legally required to paypay under the provisions of this Lease.

Appears in 1 contract

Samples: 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 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 riot not be regarded as a voluntary payment and there shall survive the right on the part party 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 paypay under the provisions of this Lease.

Appears in 1 contract

Samples: Lease Agreement (Deltapoint 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 Obligation to pay the money is asserted shall have the right to make payment "under protest" and such payment shall riot 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.

Appears in 1 contract

Samples: Entech Environmental 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 riot 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 or 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 paypay under the provisions of this Lease.

Appears in 1 contract

Samples: Photon Dynamics 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 riot 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 the 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.

Appears in 1 contract

Samples: Industrial Lease (Valueclick Inc/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 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 riot 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 same 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.

Appears in 1 contract

Samples: Qad 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 riot 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 paypay under this Lease.

Appears in 1 contract

Samples: 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 riot 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.pay under the provisions of this Lease. Initials: ____ ____ FULL SERVICE-GROSS

Appears in 1 contract

Samples: Office Lease (Smartflex 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 riot 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 enticed to recover such sum or so much thereof as it was not legally required to paypay under the provisions of this Lease.

Appears in 1 contract

Samples: Empyrean Bioscience 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 riot not be regarded as a voluntary payment and there shall survive the right on the part 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 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.

Appears in 1 contract

Samples: Immune Response Corp

Performance Under Protest. If at any time a dispute shall arise as to any amount or sum 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 riot 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.

Appears in 1 contract

Samples: Skechers 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 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 riot 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 paypay under the provisions of this Lease.

Appears in 1 contract

Samples: Diversified Security Solutions 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 riot 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.pay under the provisions of this Lease. FULL SERVICE--GROSS

Appears in 1 contract

Samples: Lease (Universal Access Inc)

Performance Under Protest. If at any time a dispute shall arise as to any amount or sum of money to paid 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 riot 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.

Appears in 1 contract

Samples: Lease Agreement (Consolidated Capital of North America 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 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 riot 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 adjudicated 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 sum, or so much thereof as it was not legally required to paypay under the provisions of this Lease plus interest thereon at a rate per annum equal to the Interest Rate.

Appears in 1 contract

Samples: Sublease Agreement (Psinet 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 riot 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, 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.

Appears in 1 contract

Samples: Office Lease (Combichem 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 riot 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 with interest or so much thereof as it was not legally required to paypay under the provisions of this Lease.

Appears in 1 contract

Samples: Exodus Communications Inc

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