Common use of Certain Litigation Between the Parties Clause in Contracts

Certain Litigation Between the Parties. In the event any action or proceeding in law or equity be instituted by Seller for an alleged breach of any obligation of Purchaser under this 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, or arbitration panel, but this provision shall not apply to any cross complaint filed by anyone other than Seller in such action or proceeding.

Appears in 7 contracts

Samples: Purchase and Sale Agreement, Purchase and Sale Agreement, Purchase and Sale Agreement

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