Common use of Performance Under Protest Clause in Contracts

Performance Under Protest. If at any time a dispute shall arise as to the amount of any payment to be made by a Party to the other under this Agreement, then the Party against whom the obligation to pay is asserted shall pay the entire amount billed, but shall have the right to make payment "under protest." The Party making the payment shall continue to have the right to seek recovery of such sum. To the extent that it shall be determined that the Party making the payment "under protest" was not required to make such payment, such Party shall be entitled to recover such sum or so much of such sum as such Party was not legally required to pay pursuant to this Agreement.

Performance Under Protest. If at any time a dispute shall arise as to the amount of any payment to be made by a Party to the other under this Operating Property Agreement, then the Party against whom the obligation to pay is asserted shall pay the entire amount billed, but shall have the right to make payment "under protest." Such payment shall not be regarded as a voluntary payment. The Party making the payment shall continue to have the right to seek recovery of such sum. To the extent that it shall be determined that the Party making the payment "under protest" was not required to make such payment, such Party shall be entitled to recover such sum or so much of such sum as such Party was not legally required to pay pursuant to this Operating Property Agreement, together with interest on such overpayment at 6.65% per annum.

Performance Under Protest. If at any time a dispute shall arise as to the amount of any payment to be made by a Party one party to the other under this AgreementLease, then the Party party against whom the obligation to pay is asserted shall pay the entire amount billed, but shall have the right to make payment "under protest." Such payment shall not be regarded as a voluntary payment. The Party party making the payment shall continue to have the right to seek institute suit for recovery of such sum. To the extent that it shall be determined that the Party party making the payment "under protest" was not required to make such payment, such Party party shall be entitled to recover such sum or so much of such sum as such Party party was not legally required to pay pursuant to this AgreementLease, together with interest on such overpayment at the Prime Rate.

Performance Under Protest. If at any time a dispute shall arise as to the amount of any payment to be made by a Party one party to the other under this Agreement, then the Party party against whom the obligation to pay is asserted shall pay the entire amount billed, but shall have the right to make payment "under protest." ". Such payment shall not be regarded as a voluntary payment. The Party party making the payment shall continue to have the right to seek institute suit for recovery of such sum. To the extent that it shall be determined that the Party party making the payment "under protest" was not required to make such payment, such Party party shall be entitled to recover such sum or so much of such sum as such Party party was not legally required to pay pursuant to this Agreement, together with interest on such overpayment at the Prime Rate.

Performance Under Protest. If at any time a dispute shall arise as to the amount of any payment to be made by a Party one party to the other under this AgreementLease, then the Party party against whom the obligation to pay is asserted shall pay the entire amount billed, but shall have the right to make payment "“under protest." ” Such payment shall not be regarded as a voluntary payment. The Party party making the payment shall continue to have the right to seek institute suit for recovery of such sum. To the extent that it shall be determined that the Party party making the payment "“under protest" ” was not required to make such payment, such Party party shall be entitled to recover such sum or so much of such sum as such Party party was not legally required to pay pursuant to this AgreementLease, together with interest on such overpayment at the Prime Rate.

Performance Under Protest. If at any time a dispute shall arise as to the any amount or sum of any payment money to be made paid by a one Party to the other under this Agreementthe provisions hereof, then the Party against whom the obligation to pay the money is asserted shall pay the entire amount billed, but shall have the right to make payment "under protest." The Party making the protest and such payment shall continue to have not be regarded as a voluntary payment and there shall survive the right on the part of said Party to seek institute suit for recovery of such sum. To the extent that If it shall be determined adjudged that there was no legal obligation on the part of said Party making the payment "under protest" was not required to make pay such paymentsum or any part thereof, such said Party shall be entitled to recover such sum or so much of such sum thereof as such Party it was not legally required to pay pursuant to this Agreementpay.