Common use of Cost of Counsel Clause in Contracts

Cost of Counsel. In any judicial action between the parties to enforce any of the provisions of this Agreement or any right of any party under this Agreement, regardless of whether such action or proceeding is prosecuted to judgment and in addition to any other remedy, the unsuccessful party shall pay to the prevailing party all costs and expenses, including reasonable attorneys’ fees and expenses, incurred therein by the prevailing party in connection with such action.

Appears in 4 contracts

Samples: Limited Liability Company Agreement (Columbia Equity Trust, Inc.), Limited Liability Company Agreement (Columbia Equity Trust, Inc.), Limited Liability Company Agreement (Columbia Equity Trust, Inc.)

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Cost of Counsel. In any judicial action between the parties to enforce any of the provisions of this Agreement or any right of any party under this Agreement, regardless of whether such action or proceeding is prosecuted to judgment and in addition to any other remedy, the unsuccessful party shall pay to the prevailing party all costs and expenses, including reasonable attorneys' fees and expenses, incurred therein by the prevailing party in connection with such action.

Appears in 2 contracts

Samples: Limited Liability Company Agreement (American Skiing Co /Me), Limited Liability Company Agreement (American Skiing Co /Me)

Cost of Counsel. In any judicial action Proceeding between the parties to enforce any of the provisions of this Agreement or any right of any party under this AgreementAgreement (or in any arbitration proceeding pursuant to Section 15.4), regardless of whether if such action or proceeding Proceeding is prosecuted to judgment and judgment, then in addition to any other remedy, the unsuccessful party shall pay to the prevailing party all costs and expenses, including reasonable attorneys’ fees and expensesexpenses and the fees and expenses of the arbitrators, incurred therein by the prevailing party or the Company in connection with such actionProceeding.

Appears in 2 contracts

Samples: Limited Partnership Agreement (Parkway, Inc.), Omnibus Contribution and Partial Interest Assignment Agreement (Parkway, Inc.)

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Cost of Counsel. In any judicial action between the parties to enforce any of the provisions of this Agreement or any right of any party under this Agreement, regardless of whether such action or proceeding is prosecuted to judgment and in addition to any other remedy, the unsuccessful party shall pay to the prevailing party all costs and expenses, including reasonable attorneys’ fees and expenses, incurred therein by the prevailing party in connection with such action.

Appears in 1 contract

Samples: Limited Liability Company Agreement (American Assets Trust, Inc.)

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