Common use of Challenge to Agreement Clause in Contracts

Challenge to Agreement. Simon, at its sole expense, agrees to timely contest any challenge by a third party to the validity of one or more provisions of this Agreement in any proceeding in which a challenge is made, provided that, in Simon's reasonable judgment upon consultation with counsel, Simon's contesting such challenge would be reasonably supported by applicable law. In such event, Simon shall take such action as may be necessary to support the validity of this Agreement, all at Simon's sole expense, including but not limited to instructing its lawyers to file papers and make arguments in the proceedings in support of the validity of this Agreement and each of its provisions.

Challenge to Agreement. Simon, at its sole expense, agrees to timely contest any challenge by a third party to the validity of one or more provisions of this Agreement in any proceeding in which a challenge is made, provided that, in Simon's reasonable judgment upon consultation with counsel, Simon's contesting such challenge would be reasonably supported by applicable law. In such eventthe event of a challenge, Simon shall take such action as may be necessary to support the validity of this Agreement, all at Simon's sole expense, including but not limited to instructing its lawyers to file papers and make arguments in the proceedings in support of the validity of this Agreement and each of its provisions.