Common use of Certain Litigation Between the Parties Clause in Contracts

Certain Litigation Between the Parties. If any action or -------------------------------------- proceeding in law or in equity or any arbitration proceeding is instituted by Lessor for damages or possession of the Premises or both, for an alleged breach of any obligation of Lessee under this Lease, to recover rent, to terminate the tenancy of Lessee at the Premises, to enforce, protect, or establish any right or remedy of Lessor, or to enforce any other right of either party under this Lease or interpret any provision of this Lease, the prevailing party in such action or proceeding its attorneys' fees, expert witness fees, and court costs are incurred, or as may be fixed by the court or jury, but this provision shall not apply to any cross-complaint filed by anyone other than Lessor in such action or proceeding.

Appears in 2 contracts

Samples: Industrial Lease (Valicert Inc), Industrial Lease (Valicert Inc)

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Certain Litigation Between the Parties. If any action or -------------------------------------- proceeding in law or in equity or any arbitration proceeding is instituted by Lessor for damages or possession of the Premises or both, for an alleged breach of any obligation of Lessee under this Lease, to recover rent, to terminate the tenancy of Lessee at the Premises, to enforce, protect, or establish any right or remedy of Lessor, or to enforce any other right of either party under this Lease or interpret any provision of this Lease, the prevailing party in such action or proceeding its attorneys' ’ fees, expert witness fees, and court costs are incurred, or as may be fixed by the court or jury, but this provision shall not apply to any cross-complaint filed by anyone other than Lessor in such action or proceeding.

Appears in 1 contract

Samples: Industrial Lease (NeoStem, Inc.)

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Certain Litigation Between the Parties. If any action or -------------------------------------- proceeding in law or in equity or any arbitration proceeding is instituted by Lessor for damages or possession of the Premises or both, for an alleged breach of any obligation of Lessee under this Lease, to recover rent, to terminate the tenancy of Lessee at the Premises, to enforce, protect, or establish any right or remedy of Lessor, or to enforce any other right of either party Lessor under this Lease or interpret any provision of this Lease, the prevailing party in such action or proceeding its shall be entitled to collect from the other party all attorneys' ’ fees, expert witness fees, and court costs are incurredincurred by the prevailing party, or as may be fixed by the court or jury, but this provision shall not apply to any cross-complaint filed by anyone other than Lessor in such action or proceeding.

Appears in 1 contract

Samples: Industrial Lease (ViewRay, Inc.)

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