Cost of Suit. 21.1 If Lessee or Lessor shall bring any action for any relief against the other, declaratory or otherwise, arising out of this Lease, including any suit by Lessor for the recovery of rent or possession of the Premises, the losing party shall pay the successful party a reasonable sum for attorney's fees which shall be deemed to have occurred on the commencement of such action and shall be paid whether or not such action is prosecuted to judgment. Should Lessor, without fault on Lessor's part, be made a party to any litigation instituted by Lessee or by any third party against Lessee, or by or against any person holding under or using the Premises by License of Lessee, or for the foreclosure of any lien for labor or materials furnished to or for Lessee or any such other person or otherwise arising out of or resulting from any act or transaction of Lessee or of any such other person, Lessee covenants to save and hold Lessor harmless from any judgment rendered against Lessor or the Premises or any part thereof, and all costs and expenses, including reasonable attorney's fees, incurred by Lessor in or in connection with such litigation.
Cost of Suit. If either party becomes a party to any ------------ litigation concerning this Lease, the Premises, or the Building or the land thereunder, by reason of any act or omission of the other party or its authorized representatives, and not by any act or omission of the party that becomes a party to that litigation or any act or omission of its authorized representatives, the party that causes the other party to become involved in the litigation shall be liable to that party for reasonable attorneys' fees and court costs incurred by it in the litigation as fixed by a court of competent jurisdiction. If either party commences an action against the other party arising out of or in connection with this Lease, the prevailing party shall be entitled to have and recover from the losing party reasonable attorneys' fees and costs of suit as fixed by a court of competent jurisdiction.
Cost of Suit. If suit shall be successfully brought for breach of any covenant or agreement herein contained, the prevailing party shall be entitled to recover all costs and expenses of suit, including, but not limited to, reasonable attorneys’ fees.
Cost of Suit. In the event that any action shall be instituted by either of the parties hereto for the endorsement of any of its rights or remedies in and under this Lease, or any facts based upon or involving same, the prevailing party, whether in court or by way of out-of-court settlement, shall be entitled to recover from the nonprevailing party or parties such prevailing party's attorney fees, court costs, expert witness fees and/or other expenses relating to such controversy, including attorney's fees, court costs and/or expenses on appeal, if any.
Cost of Suit. If Company, on behalf of Owner, or Owner, on the one hand, or PECO, on the other hand, shall institute any action or proceeding against the other relating to this Agreement, the unsuccessful party shall reimburse the successful party for its actual out-of-pocket disbursements incurred in connection therewith and for its reasonable attorneys' fees.
Cost of Suit. The costs and expenses incurred by the Trustees of any action, suit or proceedings brought by or against the Trustees, or any of them, (including legal fees and disbursements reasonably incurred on a full indemnity basis), will be paid from the Fund, except in relation to matters which it is adjudged in such action, suit or proceeding that such Trustees were acting in bad faith or were guilty of wilful default.
Cost of Suit. If either party or Developer shall bring any action for any relief against the other, declaratory or otherwise, arising out of this Agreement, the losing Party shall pay the successful Party a reasonable sum for attorney's fees and costs that shall be deemed to have accrued on the commencement of such action and shall be paid pursuant to an order of a court of competent jurisdiction. Attorney's fees incurred in enforcing any provision of this Agreement are recoverable as a separate item; this provision is intended to be severable from the provisions of the Lease or the other provisions of this Agreement and to survive any judgment that is not deemed merged into the judgment.
Cost of Suit. In the event of any litigation, arbitration, quasi-judicial, or administrative proceeding between the parties herein to: (1) enforce any provision of this Agreement; (2) enforce any remedy available for default within this Agreement; or (3) seek a declaration of the rights of either party on each party’s respective interests in the Property, the prevailing party shall be entitled to recover from the other such attorney’s fees and costs as may be reasonably incurred.
Cost of Suit. In the event of a lawsuit between Xxxxxxxx and Xxxxxx, the party who wins the suit shall be entitled to receive from the party who loses or voluntarily dismisses a sum to cover reasonable expended attorney's fees and costs.
Cost of Suit. If Tenant or Landlord shall bring any action for any relief against the other, declaratory or otherwise, arising out of this Lease, including any suit by Landlord for the recovery of rent or possession of the Premises, the losing party shall pay the successful party a reasonable sum for attorney's fees whether or not such action is prosecuted to judgment.
