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. 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.
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. FINOVA CAPITAL CORPORATION, a Delaware corporation /s/ Xxxxx Xxxxx Xxxxx Xxxxx Vice President GALAXY NUTRITIONAL FOODS, INC. a Delaware corporation /s/ Xxxxxx X. Xxxxxx Print Name: Xxxxxx X. Xxxxxx Title/Capacity: Chairman, President & CEO
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. TO THE EXTENT LEGALLY POSSIBLE, THE PARTIES HERETO WAIVE THEIR RIGHT TO TRIAL BY JURY IN ANY ACTION ARISING OUT OF THIS LEASE.
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. 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. 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. FINOVA CAPITAL CORPORATION By: ----------------------------------------- Its: ----------------------------------------- JAVELIN SYSTEMS, INC. By: /s/ [ILLEGIBLE] ----------------------------------------- Its: CHIEF FINANCIAL OFFICER ----------------------------------------- CCI GROUP, INC. By: /s/ [ILLEGIBLE] ----------------------------------------- Its: CHIEF FINANCIAL OFFICER ----------------------------------------- POSNET COMPUTERS, INC. By: /s/ [ILLEGIBLE] ----------------------------------------- Its: CHIEF FINANCIAL OFFICER ----------------------------------------- Each of the undersigned guarantors reaffirms the terms of its Secured Continuing Corporate Guaranty dated June 8, 1998, acknowledges that such Secured Continuing Corporate Guaranty remains in full force and effect, and consents to and acknowledges the terms of this Amendment as of the date first set forth above. JAVELIN SYSTEMS, INC. By: /s/ [ILLEGIBLE] ----------------------------------------- Its: CHIEF FINANCIAL OFFICER ----------------------------------------- CCI GROUP, INC. By: /s/ [ILLEGIBLE] ----------------------------------------- Its: CHIEF FINANCIAL OFFICER ----------------------------------------- POSNET COMPUTERS, INC. By: /s/ [ILLEGIBLE] ----------------------------------------- Its: CHIEF FINANCIAL OFFICER ----------------------------------------- THIRD AMENDMENT TO LOAN AND SECURITY AGREEMENT This Third Amendment to Loan and Security Agreement (the "Amendment") is dated as of this ____ day of January, 1999 and is entered into among Javelin Systems, Inc., CCI Group, Inc. and Posnet Computers, Inc. (jointly and severally, "Borrower") and FINOVA Capital Corporation ("FINOVA"), in reference to that certain Loan and Security Agreement among them (the "Loan Agreement") dated June 8, 1998, as ...
Attorneys Fees and Waiver of Jury Trial. 18.1 If either party commences an action against the other to interpret or enforce the Contract or as a result of a breach by the other party of the Contract, the prevailing party shall be entitled to recover from the nonprevailing party reasonable attorneys' fees, costs and expenses incurred by the prevailing party in connection with such action.
Attorneys Fees and Waiver of Jury Trial. 10.1 In the event of any dispute arising out of this AGREEMENT, prior to commencing any legal action, the party contemplating the action shall first notify the other party, in writing, of the basis for the dispute, the fact that the complaining party contemplates filing a lawsuit or other action and that the complaining party wishes to first mediate the dispute. Both the COUNTY and CONTRACTOR, and their counsel, shall work cooperatively to schedule and participate in mediation as soon as possible, each party sharing equally in the costs of such proceeding.
