Common use of Attorneys’ Fees; Jury Trial Clause in Contracts

Attorneys’ Fees; Jury Trial. If either party named herein brings an action to enforce the terms hereof or declare rights hereunder, the prevailing party shall be entitled to reasonable attorneys’ fees paid by the losing party as fixed by the court whether or not such action is pursued to decision or judgment. The attorneys’ fees award shall not be computed in accordance with any court fee schedule, but shall be such as to fully reimburse all attorneys’ fees reasonably incurred in good faith. Landlord shall be entitled to reasonable attorneys’ fees and all other costs and expenses incurred in the preparation and service of notice of default and consultations in connection therewith, whether or not a legal action is subsequently commenced. Each party hereby waives any right to a trial by jury in any action to enforce the specific performance of this Lease, for damages for the breach hereof, or otherwise for enforcement of any remedy hereunder.

Appears in 3 contracts

Samples: Building Lease Agreement (Artes Medical Inc), Building Lease Agreement (Artes Medical Inc), Building Lease Agreement (Artes Medical Inc)

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Attorneys’ Fees; Jury Trial. If either party named herein brings an action to enforce the terms hereof or declare rights hereunder, the prevailing party shall be entitled to reasonable attorneys' fees paid by the losing party as fixed by the court whether or not such action is pursued to decision or judgment. The attorneys' fees award shall not be computed in accordance with any court fee schedule, but shall be such as to fully reimburse all attorneys' fees reasonably incurred in good faith. Landlord shall be entitled to reasonable attorneys' fees and all other costs and expenses incurred in the preparation and service of notice of default and consultations in connection therewith, whether or not a legal action is subsequently commenced. Each party hereby waives any right to a trial by jury in any action to enforce the specific performance of this Lease, for damages for the breach hereof, or otherwise for enforcement of any remedy hereunder.

Appears in 1 contract

Samples: Building Lease Agreement (Infosonics Corp)

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