Common use of Costs of Suit Clause in Contracts

Costs of Suit. (a) If Tenant or Landlord brings any action for the enforcement or interpretation of this Lease, including any suit by Landlord for the recovery of Rent or possession of the Premises, the losing party shall pay to the prevailing party a reasonable sum for attorneys’ fees. The “prevailing party” will be determined by the court before whom the action was brought based upon an assessment of which party’s major arguments or positions taken in the suit or proceeding could fairly be said to have prevailed over the other party’s major arguments or positions on major disputed issues in the court’s decision.

Appears in 6 contracts

Samples: Lease Agreement (Five9, Inc.), Lease Agreement (Five9, Inc.), Lease Agreement (Five9, Inc.)

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Costs of Suit. (a) If Tenant or Landlord brings any action for the enforcement or interpretation of this Lease, including any suit by Landlord for the recovery of Rent or possession of the Premises, the losing party shall pay to the prevailing party a reasonable sum for attorneys' fees. The "prevailing party" will be determined by the court before whom the action was brought based upon an assessment of which party’s 's major arguments or positions taken in the suit or proceeding could fairly be said to have prevailed over the other party’s 's major arguments or positions on major disputed issues in the court’s 's decision.

Appears in 1 contract

Samples: Agreement (Nextcard Inc)

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Costs of Suit. (a) If Tenant or Landlord brings any action for the enforcement enforcement. or interpretation of this Lease, including any suit by Landlord for the recovery of Rent or possession of the Premises, the losing party shall pay to the prevailing party a reasonable sum for attorneys' fees. The "prevailing party" will be determined by the court before whom the action was brought based upon an assessment of which party’s 's major arguments or positions taken in the suit or proceeding could fairly be said to have prevailed over the other party’s 's major arguments or positions on major disputed issues in the court’s 's decision.

Appears in 1 contract

Samples: Sublease Agreement (Finet Com Inc)

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