Costs and Attorneys’ Fees. In the event of any litigation or dispute between the parties arising out of or in any way connected with this Agreement, resulting in any litigation, then the prevailing party in such litigation shall be entitled to recover its costs of prosecuting and/or defending same, including, without limitation, reasonable attorneys’ fees at trial and all appellate levels. The provisions of this Section 9.3 shall survive the Closing or any termination of this Agreement.
Appears in 7 contracts
Samples: Purchase and Sale Agreement (Ashford Hospitality Trust Inc), Purchase and Sale Agreement (Ashford Hospitality Trust Inc), Purchase and Sale Agreement (Braemar Hotels & Resorts Inc.)
Costs and Attorneys’ Fees. In the event of any litigation or dispute between the parties arising out of or in any way connected with this Agreement, resulting in any litigation, then the prevailing party in such litigation shall be entitled to recover its costs of prosecuting and/or defending same, including, without limitation, reasonable attorneys’ ' fees at trial and all appellate levels. The provisions of this Section 9.3 shall survive the Closing or any termination of this Agreementthe transaction contemplated hereby.
Appears in 6 contracts
Samples: Contribution Agreement (Prentiss Properties Trust/Md), Purchase and Sale Agreement (Prentiss Properties Trust/Md), Agreement of Purchase and Sale (Brandywine Realty Trust)
Costs and Attorneys’ Fees. In the event of any litigation or dispute between the parties arising out of or in any way connected with this Agreement, Agreement resulting in any litigation, then the prevailing party in such litigation shall be entitled to recover its reasonable costs of prosecuting and/or defending same, including, without limitation, reasonable attorneys’ ' fees at trial and all appellate levels. The provisions of this Section 9.3 shall survive the Closing or any termination of this Agreementthe transaction contemplated hereby.
Appears in 4 contracts
Samples: Agreement of Sale (Medalist Diversified REIT, Inc.), Agreement of Sale (Medalist Diversified REIT, Inc.), Agreement of Sale (Medalist Diversified REIT, Inc.)
Costs and Attorneys’ Fees. In the event of any litigation or dispute between the parties arising out of or in any way connected with this Agreement, resulting in any litigation, then the prevailing party in such litigation shall be entitled to recover its costs of prosecuting and/or defending same, including, without limitation, reasonable attorneys’ fees at trial and all appellate levels. The provisions of this Section 9.3 shall survive the Closing or any termination of this Agreement.
Appears in 3 contracts
Samples: Purchase and Sale Agreement (Moody National REIT I, Inc.), Agreement of Purchase and Sale (Moody National REIT I, Inc.), Agreement of Purchase and Sale (Moody National REIT I, Inc.)
Costs and Attorneys’ Fees. In the event of any litigation or dispute between the parties arising out of or in any way connected with this Agreement, resulting in any litigation, then the prevailing party in such litigation shall be entitled to recover its costs of prosecuting and/or defending same, including, without limitation, reasonable attorneys’ fees at trial and all appellate levels. The provisions of this Section 9.3 8.4 shall survive the Closing or any termination of this Agreement.
Appears in 2 contracts
Samples: Purchase and Sale Agreement (Lodging Fund REIT III, Inc.), Purchase and Sale Agreement (Lodging Fund REIT III, Inc.)
Costs and Attorneys’ Fees. In the event of any litigation or dispute between the parties arising out of or in any way connected with this Agreement, resulting in any litigation, then the prevailing party in such litigation shall be entitled to recover its costs of prosecuting and/or defending same, including, without limitation, reasonable attorneys’ fees at trial and all appellate levels. The provisions of this Section 9.3 9.5 shall survive the Closing or any termination of this Agreementthe transaction contemplated hereby.
Appears in 2 contracts
Samples: Contribution Agreement (Ashford Hospitality Trust Inc), Contribution Agreement (Ashford Hospitality Trust Inc)
Costs and Attorneys’ Fees. In the event of any litigation or dispute between the parties arising out of or in any way connected with this Agreement, resulting in any litigation, then the prevailing party in such litigation shall be entitled to recover its costs of prosecuting and/or defending same, including, without limitation, reasonable attorneys’ fees at trial and all appellate levels. The provisions of this Section 9.3 8.04 shall survive the Closing or any termination of this Agreement.Agreement 24
Appears in 1 contract
Samples: Purchase and Sale Agreement (Ashford Hospitality Trust Inc)
Costs and Attorneys’ Fees. In the event of any litigation or dispute between the parties arising out of or in any way connected with this Agreement, resulting in any litigation, then the prevailing party in such litigation shall be entitled to recover its costs of prosecuting and/or defending same, including, without limitation, reasonable attorneys’ ' fees at trial and all appellate levels. The provisions of this Section 9.3 9.9 shall survive the Closing or any termination of this Agreementthe transaction contemplated hereby.
Appears in 1 contract
Samples: Purchase and Sale Agreement (Hospitality Properties Trust)
Costs and Attorneys’ Fees. In the event of any litigation or dispute between the parties arising out of or in any way connected with this Agreement, resulting in any litigation, then the prevailing party in such litigation shall be entitled to recover its costs of prosecuting and/or defending same, including, without limitation, reasonable attorneys’ fees at trial and all appellate levels. The provisions of this Section 9.3 8.04 shall survive the Closing or any termination of this Agreement.
Appears in 1 contract
Samples: Purchase and Sale Agreement (Ashford Hospitality Trust Inc)
Costs and Attorneys’ Fees. In the event of any litigation or dispute between the parties arising out of or in any way connected with this Agreement, resulting in any litigation, then the prevailing party in such litigation shall be entitled to recover its costs of prosecuting and/or defending same, including, without limitation, reasonable attorneys’ fees at trial and all appellate levels. The provisions of this Section 9.3 9.4 shall survive the Closing or any termination of this Agreement.
Appears in 1 contract
Samples: Purchase and Sale Agreement (Ashford Hospitality Trust Inc)
Costs and Attorneys’ Fees. In the event of any litigation or dispute between the parties Parties arising out of or in any way connected with this Agreement, resulting in any litigation, then the prevailing party Party in such litigation shall be entitled to recover its costs of prosecuting and/or defending same, including, without limitation, reasonable attorneys’ fees at trial and all appellate levels. The provisions of this Section 9.3 12.19 shall survive the Closing or any termination of the transaction contemplated by this Agreement.
Appears in 1 contract
Samples: Combined Contribution and Purchase and Sale Agreement (Ashford Hospitality Trust Inc)
Costs and Attorneys’ Fees. In the event of any litigation or dispute between the parties arising out of or in any way connected with this Agreement, resulting in any litigation, then the prevailing party in such litigation shall be entitled to recover its costs of prosecuting and/or defending same, including, without limitation, reasonable attorneys’ fees at trial and all appellate levels. The provisions of this Section 9.3 9.4 shall survive the Closing or any termination of this Agreement.
Appears in 1 contract
Samples: Agreement of Purchase and Sale (Moody National REIT II, Inc.)
Costs and Attorneys’ Fees. In the event of any litigation or dispute between the parties Parties arising out of or in any way connected with this Agreement, resulting in any litigation, then the prevailing party Party in such litigation shall be entitled to recover its costs of prosecuting and/or defending same, including, without limitation, reasonable attorneys’ ' fees at trial and all appellate levels. The provisions of this Section 9.3 12.19 shall survive the Closing or any termination of the transaction contemplated by this Agreement.
Appears in 1 contract
Samples: Combined Contribution and Purchase and Sale Agreement (Ashford Hospitality Trust Inc)
Costs and Attorneys’ Fees. In the event of any litigation or dispute between the parties arising out of or in any way connected with this Agreement, resulting in any litigation, then the prevailing party in such litigation shall be entitled to recover its costs of prosecuting and/or defending same, including, without limitation, reasonable attorneys’ fees at trial and all appellate levels. The provisions of this Section 9.3 9.1 shall survive the Closing or any termination of this Agreement.
Appears in 1 contract
Samples: Purchase and Sale Agreement (Wyndham International Inc)
Costs and Attorneys’ Fees. In the event of any litigation or dispute between the parties arising out of or in any way connected with this Agreement, resulting in any litigationlitigation or non-judicial dispute resolution process, then the prevailing party in such litigation action shall be entitled to recover its costs of prosecuting and/or defending same, including, without limitation, reasonable attorneys’ fees at trial and all appellate levelslevels and enforcing any judgment awarded to the prevailing party. The provisions of this Section 9.3 8.3 shall survive the Closing or any termination of this Agreement.
Appears in 1 contract
Samples: Purchase and Sale Agreement (Moody National REIT I, Inc.)
Costs and Attorneys’ Fees. In the event of any litigation or dispute between the parties arising out of or in any way connected with this Agreement, resulting in any litigation, then the prevailing party in such litigation shall be entitled to recover its costs of prosecuting and/or defending same, including, without limitation, reasonable attorneys’ fees at trial and all appellate levels. The provisions of this Section 9.3 9.5 shall survive the Closing or any termination of this Agreement.the transaction contemplated hereby. 9695236v.8
Appears in 1 contract
Samples: Purchase and Sale Agreement (Ashford Hospitality Prime, Inc.)
Costs and Attorneys’ Fees. In the event of any litigation or dispute between the parties arising out of or in any way connected with this Agreement, resulting in any litigation, then the substantially prevailing party in such litigation shall be entitled to recover its costs of prosecuting 8665334v.12 and/or defending same, including, without limitation, reasonable attorneys’ fees at trial and all appellate levels. The provisions of this Section 9.3 shall survive the Closing or any termination of this Agreement.
Appears in 1 contract
Samples: Purchase and Sale Agreement (Ashford Hospitality Prime, Inc.)
Costs and Attorneys’ Fees. In the event of any litigation or dispute between the parties arising out of or in any way connected with this Agreement, resulting in any litigation, then the prevailing party in such litigation shall be entitled to recover its costs of prosecuting and/or defending same, including, without limitation, reasonable attorneys’ fees and disbursements at trial and all appellate levels. The provisions of this Section 9.3 shall survive the Closing or any termination of this Agreement.
Appears in 1 contract
Samples: Purchase and Sale Agreement (Sonesta International Hotels Corp)
Costs and Attorneys’ Fees. In the event of any litigation or dispute between the parties arising out of or in any way connected with this Agreement, resulting in any litigation, then the prevailing party in such litigation shall be entitled to recover its costs of prosecuting and/or defending same, including, without limitation, reasonable attorneys’ fees at trial and all appellate levels. The provisions of this Section 9.3 15.22 shall survive the Closing or any termination of this AgreementClosing.
Appears in 1 contract
Samples: Purchase and Sale Agreement (Ashford Hospitality Prime, Inc.)