Common use of Arbitration or Mediation; Trial and Appeal Clause in Contracts

Arbitration or Mediation; Trial and Appeal. If any ------------------------------------------ arbitration, mediation, or other proceeding is brought in lieu of litigation, or if legal action is instituted to enforce or interpret any of the terms of this Lease or if legal action is instituted in a Bankruptcy Court for a United States District Court to enforce or interpret any of the terms of this Lease, to seek relief from an automatic stay, to obtain adequate protection, or to otherwise assert the interest of Landlord in a bankruptcy proceeding, the party not prevailing shall pay the prevailing party's costs and disbursements, the fees and expenses of expert witnesses in determining reasonable attorney fees, and such sums as the court may determine to be reasonable for the prevailing party's attorney fees connected with the trial and any appeal and by petition for review thereof.

Appears in 2 contracts

Samples: Lease Agreement (Colorado Business Bankshares Inc), Lease Agreement (Virtual Mortgage Network Inc)

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Arbitration or Mediation; Trial and Appeal. If any ------------------------------------------ arbitration, mediation, or other proceeding is brought in lieu of litigation, or if legal action is instituted to enforce or interpret any of the terms of this Lease or if legal action is instituted in a Bankruptcy Court for a United States District Court to enforce or interpret any of the terms of this Lease, to seek relief from an automatic stay, to obtain adequate protection, or to otherwise assert the interest of Landlord in a bankruptcy proceeding, the party not prevailing shall pay the prevailing party's costs and disbursements, the fees and expenses of expert witnesses in determining reasonable attorney feesfees pursuant to ORCP 68, and such sums as the court may determine to be reasonable for the prevailing party's attorney fees connected with the trial and any appeal and by petition for review thereof.

Appears in 1 contract

Samples: Lease Agreement (Webtrends Corp)

Arbitration or Mediation; Trial and Appeal. If any ------------------------------------------ arbitration, mediation, or other proceeding is brought in lieu of litigation, or if legal suit or action is instituted to enforce or interpret any of the terms of this Lease Supply Contract, or if legal suit or action is instituted in a Bankruptcy Court for a United States District Court to enforce or interpret any of the terms of this LeaseSupply Contract, to seek relief from an automatic stay, to obtain adequate protection, or to otherwise assert the interest of Landlord Seller in a bankruptcy proceeding, the party not prevailing shall pay the prevailing party's costs and disbursements, the fees and expenses of expert witnesses in determining reasonable attorney fees, and such sums as the court may determine to be reasonable for the prevailing party's attorney fees connected with the trial and any appeal and by petition for review thereof.

Appears in 1 contract

Samples: Marketing Agreement (Pope & Talbot Inc /De/)

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Arbitration or Mediation; Trial and Appeal. If any ------------------------------------------ arbitration, mediation, or other proceeding is brought in lieu of litigation, or if legal action is instituted to enforce or interpret any of the terms of this Lease or if legal action is instituted in a Bankruptcy Court for a United States District Court to enforce or interpret any of the terms of this Lease, to seek relief from an automatic stay, to obtain adequate protection, or to otherwise assert the interest of Landlord in a bankruptcy proceeding, the party not prevailing shall pay the prevailing party's ’s costs and disbursements, the fees and expenses of expert witnesses in determining reasonable attorney feesfees pursuant to ORCP 68, and such sums as the court may determine to be reasonable for the prevailing party's ’s attorney fees connected with the trial and any appeal and by petition for review thereof.

Appears in 1 contract

Samples: Lease Agreement (Royal Caribbean Cruises LTD)

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