Common use of Certain Litigation Between the Parties Clause in Contracts

Certain Litigation Between the Parties. In the event any action or proceeding at law or in equity or any arbitration proceeding be instituted by either party, for an alleged breach of any obligation of Subtenant or Sublandlord under this Sublease, to recover rent, to terminate the tenancy of Subtenant at the Subleased Premises, or to enforce, protect, or establish any right or remedy of a party to this Sublease Agreement, the prevailing party (by judgment or settlement) in such action or proceeding shall be entitled to recover as part of such action or proceeding such reasonable attorneys' fees, expert witness fees, and court costs as may be fixed by the court or jury, but this provision shall not apply to any cross-complaint filed by anyone other than Sublandlord in such action or proceeding.

Appears in 4 contracts

Samples: Sublease Agreement (Ase Test LTD), Sublease Agreement (Advanced Semiconductor Engineering Inc), Sublease Agreement (Advanced Semiconductor Engineering Inc)

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Certain Litigation Between the Parties. In the event any action or proceeding at law or in equity or any arbitration proceeding be instituted by either party, for an alleged breach of any obligation of Subtenant or Sublandlord Sublessee under this Sublease, to recover rent, to terminate the tenancy of Subtenant Sublessee at the Subleased Premises, or to enforce, protect, or establish any right or remedy of a party to this Sublease Agreement, the prevailing party (by judgment or settlement) in such action or proceeding shall be entitled to recover as part of such action or proceeding such reasonable attorneys' ’ fees, expert witness fees, and court costs as may be fixed by the court or jury, but this provision shall not apply to any cross-complaint filed by anyone other than Sublandlord Sublessor in such action or proceeding.

Appears in 4 contracts

Samples: Sublease Agreement, Sublease Agreement (Blue Coat Systems Inc), Sublease Agreement (Roxio Inc)

Certain Litigation Between the Parties. In the event any action or proceeding at law or in equity or any arbitration proceeding be instituted by either party, for an alleged breach of any obligation of Subtenant or Sublandlord Sublessee under this Sublease, to recover rent, to terminate the tenancy of Subtenant Sublessee at the Subleased Premises, or to enforce, protect, or establish any right or remedy of a party to this Sublease Agreement, the prevailing party (by judgment or settlement) in such action or proceeding shall be entitled to recover as part of such action or proceeding such reasonable attorneys' fees, expert witness fees, and court costs as may be fixed by the court or jury, but this provision shall not apply to any cross-complaint filed by anyone other than Sublandlord Sublessor in such action or proceeding.

Appears in 2 contracts

Samples: Consent to Sublease (Commerce Energy Group Inc), Sublease Agreement (Blue Coat Systems Inc)

Certain Litigation Between the Parties. In the event any action or proceeding at law or in equity or any arbitration proceeding be instituted by either party, for an alleged breach of any obligation of Subtenant or Sublandlord Sublessee of Sublessor under this Sublease, to recover rent, to terminate the tenancy of Subtenant Sublessee at the Subleased Premises, or to enforce, protect, or establish any right or remedy of a either party to this Sublease Agreement, the prevailing party (by judgment or settlement) in such action or proceeding shall be entitled to recover as part of such action or proceeding such reasonable attorneys' fees, expert witness fees, and court costs as may be fixed by the court or jury, but this provision shall not apply to any cross-complaint filed by anyone other than Sublandlord Sublessor in such action or proceeding.

Appears in 1 contract

Samples: Sublease Agreement (Neoforma Com Inc)

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Certain Litigation Between the Parties. In the event any action or proceeding at law or in equity or any arbitration proceeding be instituted by either party, for an alleged breach of any obligation of Subtenant or Sublandlord Sublessee under this Sublease, to recover rent, to terminate the tenancy of Subtenant Sublessee at the Subleased Premises, or to enforce, protect, or establish any right or remedy of a party to this Sublease Agreement, the prevailing party (by judgment judgement or settlement) in such action or proceeding shall be entitled to recover as part of such action or proceeding such reasonable attorneys' fees, expert witness fees, and court costs as may be fixed by the court or jury, but this provision shall not apply to any cross-complaint filed by anyone other than Sublandlord Sublessor in such action or proceeding.

Appears in 1 contract

Samples: Conditional Consent to Sublease (Blue Coat Systems Inc)

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