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 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 6months shall be deemed to have waived its right to protest such payment.

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 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 6months " with 6 months shall be deemed to have waived its right to protest such payment.

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 6months 6 months shall be deemed to have waived its right to protest such payment.. 39 of 42 Initials: ______, _______

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 6months with six months shall be deemed to have waived its right to protest such payment.

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 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 6months 6 months shall be deemed to have waived its right to protest such payment.

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 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 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 6months 6 months shall be deemed to have waived its right to protest such payment.

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 6months six (6) months shall be deemed to have waived its right to protest such payment.

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 6months ' with 6 months shall be deemed to have waived its right to protest such payment.

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 6months 6 months shall be deemed to have waived its right to protest such payment.. __________ __________ __________ __________ INITIALS INITIALS

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 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 6months 6 months shall be deemed to have waived its right to protest such payment.

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 Lessor Initials 14 Lessee Initials 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 6months shall be deemed to have waived its right to protest such payment.Landlord Initials:____________ FULL SERVICE - GROSS Tenant Initials:____________

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 Lessor Initials 14 Lessee Initials 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 6months shall be deemed to have waived its right to protest such payment.Initials: /s/ DKH ----------- FULL SERVICE-GROSS /s/ SK ----------- PAGE 9 /s/ AEW

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 Lessor Initials 14 Lessee Initials 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 6months 6 months shall be deemed to have waived its right to protest such payment.to

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 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 6months with 6 months shall be deemed to have waived its right to protest such payment.