Attorneys’ and Other Fees. Should either party institute any action or proceeding to enforce or interpret this Agreement or any provision hereof, for damages by reason of any alleged breach of this Agreement or any provision hereof, or for a declaration of rights hereunder, the prevailing party in any such action or proceeding shall be entitled to receive from the other party all costs and expenses, including actual attorneys’ and other fees, reasonably incurred in good faith by the prevailing party in connection with such action or proceeding. The term “attorneys’ and other fees” shall mean and include attorneys’ fees, accountants’ fees, and any and all consultants and other similar fees incurred in connection with the action or proceeding and preparations therefor. The term “action or proceeding” shall mean and include actions, proceedings, suits, arbitrations, appeals and other similar proceedings.
Appears in 8 contracts
Samples: Confidentiality and Non Disclosure Agreement, Confidentiality and Non Disclosure Agreement, Confidentiality and Non Disclosure Agreement
Attorneys’ and Other Fees. Should either party institute any action or proceeding to enforce or interpret this Agreement or any provision hereof, for damages by reason of any alleged breach of this Agreement or of any provision hereof, or for a declaration of rights hereunder, the prevailing party in any such action or proceeding shall be entitled to receive from the other party all costs and expenses, including actual reasonable attorneys’ and other fees, reasonably incurred in good faith by the prevailing party in connection with such action or proceeding. The term “attorneys’ and other fees” shall mean and include attorneys’ fees, accountants’ fees, and any and all consultants and other similar fees incurred in connection with the action or proceeding and preparations therefor. The term “action or proceeding” shall mean and include actions, proceedings, suits, arbitrations, appeals and other similar proceedings.
Appears in 3 contracts
Samples: Master Lease and Security Agreement (Brookdale Senior Living Inc.), Master Lease and Security Agreement (Hcp, Inc.), Agreement for Purchase and Sale of Real Property and Escrow Instructions (Griffin-American Healthcare REIT III, Inc.)
Attorneys’ and Other Fees. Should either party institute any action or proceeding to enforce or interpret this Agreement or any provision hereof, for damages by reason of any alleged breach of this Agreement or of any provision hereof, or for a declaration of rights hereunder, the prevailing party in any such action or proceeding shall be entitled to receive from the other party all costs and expenses, including actual reasonable attorneys’ ' and other fees, reasonably incurred in good faith by the prevailing party in connection with such action or proceeding. The term “"attorneys’ ' and other fees” " shall mean and include attorneys’ ' fees, accountants’ ' fees, and any and all consultants and other similar fees incurred in connection with the action or proceeding and preparations therefor. The term “"action or proceeding” " shall mean and include actions, proceedings, suits, arbitrations, appeals and other similar proceedings.
Appears in 3 contracts
Samples: Escrow and Leasing Agreement (Inland Western Retail Real Estate Trust Inc), Management Agreement (Capital Senior Living Corp), Escrow and Leasing Agreement (Inland Western Retail Real Estate Trust Inc)
Attorneys’ and Other Fees. Should either party institute any action ------------------------- or proceeding to enforce or interpret this Agreement or any provision hereof, for damages by reason of any alleged breach of this Agreement or of any provision hereof, or for a declaration of rights hereunder, the prevailing party in any such action or proceeding shall be entitled to receive from the other party all costs and expenses, including actual reasonable attorneys’ ' and other fees, reasonably incurred in good faith by the prevailing party in connection with such action or proceeding. The term “"attorneys’ ' and other fees” " shall mean and include attorneys’ ' fees, accountants’ ' fees, and any and all consultants and other similar fees incurred in connection with the action or proceeding and preparations therefor. The term “"action or proceeding” " shall mean and include actions, proceedings, suits, arbitrations, appeals and other similar proceedings.
Appears in 1 contract
