Payment under Protest. If Tenant in good faith disputes any amounts billed by Landlord, other than (i) Base Rent, (ii) Tenant’s Share of Direct Expenses (as to which Tenant may exercise its rights under Section 4.6, above), Tenant may make payment of such amounts under protest, and reserve all of its rights with respect to such amounts (the “Disputed Amounts”). Landlord and Tenant shall meet and confer to discuss the Disputed Amounts and attempt, in good faith, to resolve the particular dispute. If, despite such good faith efforts, Landlord and Tenant are unable to reach agreement regarding the Disputed Amounts, either party may submit the matter to binding arbitration under the JAMS Streamlined Arbitration Rules & Procedures. The non-prevailing party, as determined by JAMS, will be responsible to pay all fees and costs incurred in connection with the JAMS procedure, as well as all other costs and expenses, including reasonable attorneys’ fees, incurred by the prevailing party. This Section 29.9 shall not apply to claims relating to Landlord’s exercise of any unlawful detainer rights pursuant to California law or rights or remedies used by Landlord to gain possession of the Premises or terminate Lessee’s right of possession to the Premises.
Payment under Protest. Notwithstanding anything to the contrary in this Agreement, if a dispute arises between County and Lessee with respect to any obligation or alleged obligation of Lessee to pay money, the payment under protest by Lessee of the amount claimed by County to be due shall not waive any of Lessee’s rights, and if any court or other body having jurisdiction determines that all or any part of the protested payment was not due, then County shall as promptly as reasonably practicable reimburse Lessee any amount determined as not due. County shall not be required to pay any interest on any such reimbursed sums.
Payment under Protest. Notwithstanding anything to the contrary of this Agreement, if a dispute arises between the Port and Airline with respect to any obligation or alleged obligation of Airline to make payment(s) to the Port, the payment(s) under protest by Airline of the amount claimed by the Port to be due shall not waive any of Airline's rights, and if any court or other body having jurisdiction determines all or any part of the protested payment was not due, then the Port shall, as promptly as allowed by the Ordinance, reimburse Airline any amount determined as not due, plus interest on such amount at the rate of eighteen percent (18%) per annum. The parties shall also use the mediation process described in Section 36.19 to resolve such dispute.
Payment under Protest. Notwithstanding anything to the contrary in this Agreement, if a dispute arises between County and Concessionaire with respect to any obligation or alleged obligation of Concessionaire to pay money, the payment under protest by Concessionaire of the amount claimed by County to be due shall not waive any of Concessionaire's rights, and if any court or other body having jurisdiction determines that all or any part of the protested payment was not due, then County shall as promptly as reasonably practicable reimburse Concessionaire any amount determined as not due. County shall not be required to pay any interest on any such reimbursed sums.
Payment under Protest. Notwithstanding anything to the contrary of this Agreement, if a dispute arises between the Port and Carrier with respect to any obligation or alleged obligation of Carrier to make payment(s) to the Port, the payment(s) under protest by Carrier of the amount claimed by the Port to be due shall not waive any of Carrier's rights, and if any court or other body having jurisdiction determines all or any part of the protested payment was not due, then the Port shall, as promptly as allowed by the Ordinance, reimburse Carrier any amount determined as not due, plus interest on such amount at the rate of eighteen percent (18%) per annum. The parties shall also use the mediation process described in Section 29.19 to resolve such dispute.
Payment under Protest. Should an invoiced payment be disputed by the customer, customer shall have the opportunity to pay the dispute in full under protest in order to avoid the application of penalties and interest as set out above in Section 10.2 above. Should the dispute be determined and resolved in favor of the customer, customer shall be entitled to reimbursement of the disputed amount, including interest computed at the rate set forth above. Where the dispute is resolved in customer’s favor, accrued interest shall inure to the customer from the time of payment under protest to the final determination on the invoice is made. Where the dispute is resolved in favor of Xxxxxxxx, accrued interest shall inure to Xxxxxxxx from the date that payment was due until resolution of the dispute, and the purchaser shall be liable for all such amounts.
Payment under Protest. The Defaulting Party may cure any monetary Event of Default by depositing the amount in controversy (not including claimed consequential, special, exemplary or punitive damages) in escrow with any reputable third party escrow, or by interpleading the same, which amount shall remain undistributed until final decision by a court of competent jurisdiction or upon agreement by the Parties. No such deposit shall constitute a waiver of the Defaulting Party’s right to institute legal action for recovery of such amounts.
Payment under Protest. If the total Charges then under dispute pursuant to this Section 4.7 exceed $**, Customer shall pay the amount exceeding the $** to Supplier under protest. All amounts determined through the Dispute Resolution Procedures to be owed by one Party to the other Party shall be paid or credited promptly upon resolution of the Dispute, together with interest at the lesser of (i) the highest rate allowed by Law and (ii) ** percent simple interest per month, pro-rated for partial months.
Payment under Protest. 38 34. NOTICES. ............................................................................................... 38 35. LIMITATION ON LANDLORD'S LIABILITY...................................................................... 40 36.
Payment under Protest. If at any time a dispute arises regarding 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 is asserted shall have the right to make payment "under protest", and any such payment will not be regarded as a voluntary payment. In addition, the right on the part of such party to institute suit for the recovery of such sum will survive. If it is adjudged that there was no legal obligation on the part of such party to pay such sum or any part thereof, such party will be entitled to recover such sum or so much thereof as it was not legally required to pay under the provisions of this Lease, with interest thereon at the Interest Rate.
