Common use of Costs of Suit Clause in Contracts

Costs of Suit. ‌ In any action to enforce the terms of this agreement, the parties shall be responsible for their own attorney fees. No judgment or award in any action between the parties to this Lease, based on the terms and conditions herein, shall award attorney fees under any theory of recovery. Should Landlord, without fault on Xxxxxxxx's part, be made a party to any litigation instituted by Tenant or by any third party against Tenant, or by or against any person holding under or using the Premises by license of Tenant, or for the foreclosure of any lien for labor or materials furnished to or for Tenant or any such other person or otherwise arising out of or resulting from any act or transaction of Tenant or of any such other person, Tenant shall indemnify, defend, save and hold Landlord harmless from any judgment rendered against Landlord or the Premises or any part thereof, in accordance with the provisions of Article 10 of this Lease; therefore, this attorney fee provision is not meant to, and shall not be construed to, affect Tenant’s obligations to pay Landlord’s cost of defense and attorney fees in such cases.

Costs of Suit. ‌ In any action to enforce the terms of this agreement, the parties shall be responsible for their own attorney fees. No judgment or award in any action between the parties to this Lease, based on the terms and conditions herein, shall award attorney fees under any theory of recovery. Should Landlord, without fault on XxxxxxxxLandlord's part, be made a party to any litigation instituted by Tenant or by any third party against Tenant, or by or against any person holding under or using the Premises by license of Tenant, or for the foreclosure of any lien for labor or materials furnished to or for Tenant or any such other person or otherwise arising out of or resulting from any act or transaction of Tenant or of any such other person, Tenant shall indemnify, defend, save and hold Landlord harmless from any judgment rendered against Landlord or the Premises or any part thereof, in accordance with the provisions of Article 10 of this Lease; therefore, this attorney fee provision is not meant to, and shall not be construed to, affect Tenant’s obligations to pay Landlord’s cost of defense and attorney fees in such cases.