Attorneys Fees and Waiver of Jury Trial. 11.1. In the event of any litigation arising out of this Agreement, the prevailing party shall be entitled to recover its attorneys’ fees and costs, including the fees and expenses of any paralegals, law clerks and legal assistants, and including fees and expenses charged for representation at both the trial and appellate levels.
11.2. IN THE EVENT OF ANY LITIGATION ARISING OUT OF THIS AGREEMENT, EACH PARTY HEREBY KNOWINGLY, IRREVOCABLY, VOLUNTARILY AND INTENTIONALLY WAIVES ITS RIGHT TO TRIAL BY JURY.
Attorneys Fees and Waiver of Jury Trial. Borrower agrees to pay, on demand, all attorneys' fees and costs incurred in connection with the preparation, negotiation, documentation and execution of this Amendment. If any legal action or proceeding shall be commenced at any time by any party to this Amendment in connection with its interpretation, enforcement or otherwise concerning its terms, the prevailing party in such action or proceeding shall be entitled to reimbursement of its reasonable attorneys' fees and costs in connection therewith, in addition to all other relief to which the prevailing party may be entitled. Each of the parties hereto hereby waives any and all rights to a trial by jury in any such action or proceeding.
Attorneys Fees and Waiver of Jury Trial. 10.1 In the event of any litigation arising out of this Agreement, each Party shall be responsible for their attorneys' fees and costs, including the fees and expenses of any paralegals, law clerks and legal assistants, and including fees and expenses charged for representation at both the trial and appellate levels.
10.2 In the event of any litigation arising out of this Agreement, each Party hereby knowingly, irrevocably, voluntarily and intentionally waives its right to trial by jury.
Attorneys Fees and Waiver of Jury Trial. In the event of any litigation, mediation or arbitration between Sublandlord and Subtenant arising out of or relating to this Agreement or the Sublease Premises (including pretrial, trial, appellate, administrative, bankruptcy or insolvency proceedings), the prevailing party will be awarded, as part of the judgment or settlement, all reasonable attorneys’ fees, costs, court costs, and expenses incurred in connection with such matter, except as may be limited by applicable law or as may be otherwise awarded by the tribunal involved in such matter. IN THE INTEREST OF OBTAINING A SPEEDIER RESULT AND LESS COSTLY HEARING OF ANY DISPUTE RELATED TO, OR ARISING OUT OF, THIS AGREEMENT OR THE SUBLEASE PREMISES, THE PARTIES HERETO EACH IRREVOCABLY WAIVE THE RIGHT TO A TRIAL BY JURY.
Attorneys Fees and Waiver of Jury Trial. In the event the Landlord finds it necessary to retain an attorney in connection with the default by Tenant in any of the agreements or covenants contained in this Lease, Tenant shall pay reasonable attorney’s fees to said attorney. In the event of any litigation regarding this Lease, the losing party shall pay to the prevailing party reasonable attorney’s fees. Without limitation on the foregoing, Tenant agrees that should Landlord ever file a forcible detainer action or a forcible entry and detainer action, Landlord shall be entitled to its reasonable attorney’s fees and costs in such action, and Landlord shall not be required to give Tenant written notice to vacate or any other notice in order to recover such attorney’s fees and costs as provided in Section 24.006 of the Texas Property Code, as amended, or similar statutes. Landlord and Tenant acknowledge the delay, expense and uncertainty associated with a jury trial involving a complex commercial lease of this nature, and in recognition of these inherent problems hereby waive their rights to a jury trial and agree that any litigation regarding this Lease will be tried without a jury.
Attorneys Fees and Waiver of Jury Trial. If either party to this Lease shall bring an action to interpret or enforce this Lease or for any relief against the other based upon this Lease, including, but not limited to, declaratory relief or a proceeding in arbitration, the losing party shall pay to the prevailing party a reasonable sum for attorney fees, expert witness fees and other costs incurred in connection with such action or proceeding and in enforcing any judgment, order or award granted therein, all of which shall be deemed to have accrued upon the commencement of such action and shall be paid whether or not such action is prosecuted to judgment, order or award, as the case may be. Any judgment, order or award entered in such action shall contain specific provision for the recovery of attorney fees and costs incurred in enforcing and collecting the same. For the purposes of this paragraph, attorney fees shall include, without limitation, attorney fees and disbursements incurred in connection with the following: (i) post judgment motions; (ii) contempt proceedings; (iii) garnishment, levy and debtor and third party examinations; (iv) discovery; and (v) bankruptcy litigation. This attorney fees provision is severable from the other provisions of this Lease, shall survive any judgment and is not to be deemed merged into such judgment.
Attorneys Fees and Waiver of Jury Trial. 11.1. In the event of any litigation arising out of this Agreement, the prevailing party shall be entitled to recover its attorneys’ fees and costs, including the fees and expenses of any paralegals, law clerks and legal assistants, and including fees and expenses charged for representation at both the trial and appellate levels.
Attorneys Fees and Waiver of Jury Trial. In the event of any litigation arising out of this Agreement, each party shall be responsible for their attorneys' fees and costs, including the fees and expenses of any paralegals, law clerks and legal assistants, and including fees and expenses charged for representation at both the trial and appellate levels.
Attorneys Fees and Waiver of Jury Trial. A. If, because of a breach of this Lease, Landlord refers this Lease to an attorney or if Landlord brings suit for the possession of the Leased Premises and/or for the recovery of any sum due under this Lease or for any other relief against Tenant hereunder, then all costs and expenses (including reasonable attorneys' fees and costs) incurred by Landlord in connection therewith shall be paid by Tenant, which obligation shall be deemed to have accrued on the date of referral to such attorney and shall be enforceable whether or not any action is prosecuted to judgment.
B. If Landlord is named as a defendant in any suit brought in connection with, arising out of, or related to Tenant's occupancy of the Building or the Leased Premises, Tenant shall pay to Landlord all of Landlord's costs and expenses incurred in such suit, including reasonable attorneys' fees and costs.
C. Landlord and Tenant each hereby waive trial by jury in any action, proceeding or counterclaim brought against the other in connection with any matter arising out of or in any way related to this Lease, the relationship of Landlord and Tenant hereunder, Tenant's use or occupancy of the Leased Premises, and/or any claim of injury or damage occurring on the Land or within the Building.
Attorneys Fees and Waiver of Jury Trial. In the event of litigation or arbitration to enforce the terms of this Agreement the prevailing party shall be entitled to recover a reasonable fee for its attorneys and to recover all costs reasonably incurred in such proceedings. IN THE EVENT OF ANY LITIGATION ARISING OUT OF THIS AGREEMENT, EACH PARTY HEREBY KNOWINGLY, IRREVOCABLY, VOLUNTARILY, AND INTENTIONALLY WAIVES ITS RIGHT TO TRIAL BY JURY.
