Attorneys Fees Costs of Suit. If Sublessee or Sublessor shall bring any action for any relief against the other, declaratory or otherwise, arising out of this Sublease, including any suit by Sublessor for the recovery of Rent or possession of the Sublease Premises, the prevailing party shall be entitled to recover its reasonable attorneys' fees and costs of suit.
Attorneys Fees Costs of Suit. If either Landlord or Tenant shall commence any action or proceeding against the other relating to this Lease or the Premises, the prevailing party shall be entitled to recover from the losing party, in addition to any other relief, its actual attorneys fees irrespective of whether or not the action or proceeding is prosecuted to judgment. Landlord shall be entitled to recover from Tenant, upon demand, all actual attorneys' fees incurred in seeking enforcement of Tenant's obligations under this Lease.
Attorneys Fees Costs of Suit. If either party commences suit for violation of or to enforce any covenant, term or condition of this Lease, the prevailing party shall be entitled to reasonable attorneys' fees, costs and expenses. Landlord and Tenant hereby waive any right to trial by jury in any proceeding based upon a breach of this Lease.
Attorneys Fees Costs of Suit. If either Landlord or Tenant shall commence any action or other proceeding against the other arising out of, or relating to, this Lease or the Premises, the prevailing party shall be entitled to recover from the losing party, in addition to any other relief, reasonable attorneys fees irrespective of whether or not the action or other proceeding is prosecuted to judgment.
Attorneys Fees Costs of Suit. If either Lxxxxxx or Multilayer shall commence any action or proceeding against the other relating to this Agreement or the Thermal Energy Plant, the prevailing party shall be entitled to recover from the losing party, in addition to any other relief, its actual attorneys fees irrespective of whether or not the action or proceeding is prosecuted to judgment.
Attorneys Fees Costs of Suit. If either Multilayer or Konarka shall commence any action or proceeding against the other relating to this Agreement or the Premises, the prevailing party shall be entitled to recover from the losing party, in addition to any other relief, its actual attorneys fees irrespective of whether or not the action or proceeding is prosecuted to judgment.
Attorneys Fees Costs of Suit. If either Landlord or Tenant shall commence any action or other proceeding against the other arising out of, or relating to, this Lease or the Premises, the prevailing party shall be entitled to recover from the losing party, in addition to any other relief, its actual attorneys fees irrespective of whether or not the action or other proceeding is prosecuted to judgment and irrespective of any court schedule of reasonable attorneys' fees. In addition, Tenant shall reimburse Landlord, upon demand, for all reasonable attorneys' fees incurred in collecting Rent or otherwise seeking enforcement against Tenant, its sublessees and assigns, of Tenant's obligations under this Lease. Should Landlord be made a party to any litigation instituted by Tenant against a party other than Landlord, or by a third party against Tenant, Tenant shall indemnify, hold harmless and defend Landlord from any and all loss, cost, liability, darnage or expense incurred by Landlord, including attorneys' fees, in connection with the litigation, unless a final non-appealable judgment is rendered against Landlord in such litigation.
Attorneys Fees Costs of Suit. If either Tenant or Landlord brings any action for any relief against the other, declaratory or otherwise, arising out of this Lease, including any suit by Landlord for the recovery of rent or possession of the Premises, the losing party shall pay to the successful party a reasonable sum for attorney's fees which shall be deemed to have accrued on the commencement of such action and shall be paid whether or not such action is prosecuted to judgement. Should Landlord, without fault on Landlord's part, be made a party of any litigation concerning this Lease, Tenant shall indemnify, defend and hold Landlord harmless from all liability or claims of liability, including damages, costs and reasonable attorney's fees, incurred by Landlord in connection with such litigation.
Attorneys Fees Costs of Suit. In the event of any breach under this Sublease by Sublessee or Sublessor, the non-breaching party shall be entitled to recover, from the breaching party, its reasonable attorney's fees and other out-of-pocket costs incurred to enforce the provisions of this Sublease against the breaching party or to exercise any remedy available to it in connection with such breach, including fees and costs incurred in bringing any action or proceeding for any relief arising out of this Sublease, but in the event of litigation, the prevailing party shall be entitled to recover its reasonable attorneys' fees and costs from the other party only as determined by the court.
Attorneys Fees Costs of Suit. If Lessee or Lessor shall bring any action for any relief against the other, declaratory or otherwise, arising out of this Agreement, including any suit by Lessor for the recovery of Rent or possession of the Property, the prevailing party shall be entitled to recover its reasonable attorneys' fees and costs of suit.
