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

Attorneys’ Fees; Waiver of Jury Trial. In the event that any party shall bring an action to enforce its rights under this Lease, the prevailing party in any such proceeding shall be entitled to recover its reasonable attorneys, witness and expert fees and costs of the proceeding, including any appeal thereof and in any proceedings in bankruptcy. For purposes hereof, the reasonable fees of Landlord’s in-house attorneys or Tenant’s in-house attorneys, as the case may be, who perform services in connection with any such enforcement action are recoverable, and shall be based on the fees regularly charged by private attorneys with the equivalent number of years of experience in the relevant subject matter area of the law, in law firms in the City of San Jose, California with approximately the same number of attorneys as are employed by Landlord’s Law Department or Tenant’s Law Department, as the case may be. The provisions of this Paragraph 20 are separate and severable and shall survive a judgment on this Lease. To the extent allowed by Applicable Law, disputes between the parties which are to be litigated shall be tried before a judge without a jury.

Appears in 2 contracts

Samples: Lease (Cardiva Medical, Inc.), Minerva Surgical Inc

AutoNDA by SimpleDocs

Attorneys’ Fees; Waiver of Jury Trial. In the event that any party shall bring an action to enforce its rights under this Lease, the prevailing party in any such proceeding shall be entitled to recover its reasonable attorneys, witness and expert fees and costs of the proceeding, including any appeal thereof and in any proceedings in bankruptcy. For purposes hereof, the reasonable fees of Landlord’s in-house attorneys or Tenant’s in-house attorneys, as the case may be, who perform services in connection with any such enforcement action are recoverable, and shall be based on the fees regularly charged by private attorneys with the equivalent number of years of experience in the relevant subject matter area of the law, in law firms in the City of San JosePortland, California Oregon with approximately the same number of attorneys as are employed by Landlord’s Law Department law department or Tenant’s Law Departmentlaw department, as the case may be. The provisions of this Paragraph 20 21 are separate and severable and shall survive a judgment on this Lease. To the extent allowed by Applicable Law, disputes Disputes between the parties which are to be litigated shall be tried before a judge without a jury.

Appears in 2 contracts

Samples: Office Lease Agreement, Office Lease (Lionbridge Technologies Inc /De/)

Attorneys’ Fees; Waiver of Jury Trial. In the event that any party shall bring an action to enforce its rights under this Lease, the prevailing party in any such proceeding shall be entitled to recover its reasonable attorneys, witness and expert fees and costs of the proceeding, including any appeal thereof and in any proceedings in bankruptcy. For purposes hereof, the reasonable fees of Landlord’s in-house attorneys or Tenant’s in-house attorneys, as the case may be, who perform services in connection with any such enforcement action are recoverable, and shall be based on the fees regularly charged by private attorneys with the equivalent number of years of experience in the relevant subject matter area of the law, in law firms in the City of San JosePortland, California Oregon with approximately the same number of attorneys as are employed by Landlord’s Law Department or Tenant’s Law Department, as the case may be. The provisions of this Paragraph 20 are separate and severable and shall survive a judgment on this Lease. To the extent allowed by Applicable Law, disputes between the parties which are to be litigated shall be tried before a judge without a juryEACH PARTY WAIVES TRIAL BY JURY IN THE EVENT OF ANY LEGAL PROCEEDING BROUGHT BY THE OTHER IN CONNECTION WITH THIS LEASE.

Appears in 1 contract

Samples: ZS Pharma, Inc.

Attorneys’ Fees; Waiver of Jury Trial. In the event that any party shall bring an action to enforce its rights under this Lease, the prevailing party in any such proceeding shall be entitled to recover its reasonable attorneys, witness and expert fees and costs of the proceeding, including any appeal thereof and in any proceedings in bankruptcy. For purposes hereof, the reasonable fees of Landlord’s in-house attorneys or Tenant’s in-house attorneys, as the case may be, who perform services in connection with any such enforcement action are recoverable, and shall be based on the fees regularly charged by private attorneys with the equivalent number of years of experience in the relevant subject matter area of the law, in law firms in the City of San JosePortland, California Oregon with approximately the same number of attorneys as are employed by Landlord’s Law Department or Tenant’s Law Department, as the case may be. The provisions of this Paragraph 20 21 are separate and severable and shall survive a judgment on this Lease. To the extent allowed by Applicable Law, disputes Disputes between the parties which are to be litigated shall be tried before a judge without a jury.

Appears in 1 contract

Samples: Lease (Nautilus, Inc.)

Attorneys’ Fees; Waiver of Jury Trial. In the event that any party shall bring an action to enforce its rights under this Lease, the prevailing party in any such proceeding shall be entitled to recover its reasonable attorneys, witness and expert fees and costs of the proceeding, including any appeal thereof and in any proceedings in bankruptcy. For purposes hereof, the reasonable fees of Landlord’s 's in-house attorneys or Tenant’s 's in-house attorneys, as the case may be, who perform services in connection with any such enforcement action are recoverable, and shall be based on the fees regularly charged by private attorneys with the equivalent number of years of experience in the relevant subject matter area of the law, in law firms in the City of San JosePortland, California Oregon with approximately the same number of attorneys as are employed by Landlord’s 's Law Department or Tenant’s 's Law Department, as the case may be. The provisions of this Paragraph 20 22 are separate and severable and shall survive a judgment on this Lease. To the extent allowed by Applicable Law, disputes Disputes between the parties which are to be litigated shall be tried before a judge without a jury.

Appears in 1 contract

Samples: Office Lease (Nautilus, Inc.)

AutoNDA by SimpleDocs

Attorneys’ Fees; Waiver of Jury Trial. In the event that any party shall bring an action to enforce its rights under this Lease, the prevailing party in any such proceeding shall be entitled to recover its reasonable attorneys, witness and expert fees and costs of the proceeding, including any appeal thereof and in any proceedings in bankruptcy. For purposes hereof, the reasonable fees of Landlord’s 's in-house attorneys or Tenant’s 's in-house attorneys, as the case may be, who perform services in connection with any such enforcement action are recoverable, and shall be based on the fees regularly charged by private attorneys with the equivalent number of years of experience in the relevant subject matter area of the law, in law firms in the City of San JosePortland, California Oregon with approximately the same number of attorneys as are employed by Landlord’s 's Law Department or Tenant’s 's Law Department, as the case may be. The provisions of this Paragraph 20 are separate and severable and shall survive a judgment on this Lease. To the extent allowed by Applicable Law, disputes Disputes between the parties which are to be litigated shall be tried before a judge without a jury.

Appears in 1 contract

Samples: Calypte Biomedical Corp

Attorneys’ Fees; Waiver of Jury Trial. In the event that any party shall bring an action to enforce its rights under this Lease, the prevailing party in any such proceeding shall be entitled to recover its reasonable attorneys, witness and expert fees and costs of the proceeding, including any appeal thereof and in any proceedings in bankruptcy. For purposes hereof, the reasonable fees of Landlord’s in-house attorneys or Tenant’s in-house attorneys, as the case may be, who perform services in connection with any such enforcement action are recoverable, and shall be based on the fees regularly charged by private attorneys with the equivalent number of years of experience in the relevant subject matter area of the law, in law firms in the City of San JoseSeattle, California Washington with approximately the same number of attorneys as are employed by Landlord’s Law Department or Tenant’s Law Department, as the case may be. The provisions of this Paragraph 20 are separate and severable and shall survive a judgment on this Lease. , To the extent allowed by Applicable Law, disputes between the parties which are to be litigated shall be tried before a judge without a jury.

Appears in 1 contract

Samples: Sublease (Minerva Surgical Inc)

Time is Money Join Law Insider Premium to draft better contracts faster.