Common use of Costs of Suit Clause in Contracts

Costs of Suit. 23.1 If either party incurs any expense, including reasonable attorneys' fees, in connection with any action or proceeding instituted by either party by reason of any alleged default of the other party hereunder or for a declaration of the rights and obligations of the parties hereunder, or if Landlord incurs such expense in connection with collecting any amount due hereunder or enforcing any obligation of Tenant hereunder, the party prevailing, in the case of an action or proceeding, and Landlord in the case of such collection or enforcement, shall be entitled to recover such reasonable expenses from the other party. For purposes of this provision, in any action or proceeding instituted by Landlord based upon any default or alleged default by Tenant hereunder, Landlord shall be the prevailing party if (a) judgment is entered in favor of Landlord or (b) prior to judgment Tenant shall pay or agree to pay all or any portion of the rent and charges claimed by Landlord, eliminate the condition(s), cease the act(s) or otherwise cure the omission(s) claimed by Landlord to constitute a default by Tenant hereunder. 23.2 Should either party ("First Party ") without fault on the part of First Party, be made a party to any litigation instituted by the other party ("Second Party") or by any third party against Second Party or by or against any person holding under or using the Premises under license from Second Party, or for the foreclosure of any lien for labor or material furnished to or for Second Party or any such other person or arising out of any act or transaction of Second Party or of any such other person, Second Party shall save and hold First Party harmless from any judgment rendered against First Party or the Premises, and all costs and expenses, including reasonable attorney's fees, incurred by First Party in or in connection with such litigation.

Costs of Suit. 23.1 23.1. If either party incurs any expense, including reasonable attorneys' ’ fees, in connection with any action or proceeding arbitration instituted by either party by reason of any alleged default of the other party hereunder or for a declaration of the rights and obligations of the parties hereunder, or if Landlord incurs such expense in connection with collecting any amount due hereunder or enforcing any obligation of Tenant hereunder, the party prevailing, in the case of an action or proceeding, and Landlord in the case of such collection or enforcement, shall be entitled to recover such reasonable expenses from the other party. For purposes of this provision, in any action or proceeding instituted by Landlord based upon any default or alleged default by Tenant hereunder, Landlord shall be the prevailing party if (a) judgment is entered in favor of Landlord or (b) prior to judgment Tenant shall pay or agree to pay all or any portion of the rent and charges claimed by Landlord, eliminate the condition(s), cease the act(s) or otherwise cure the omission(s) claimed by Landlord to constitute a default by Tenant hereunder. 23.2 23.2. Should either party ("“First Party "”) without fault on the part of First Party, be made a party to any litigation instituted by the other party ("“Second Party"”) or by any third party against Second Party or by or against any person holding under or using the Premises under license from Second Party, or for the foreclosure of any lien for labor or material furnished to or for Second Party or any such other person or arising out of any act or transaction of Second Party or of any such other person, Second Party shall save and hold First Party harmless from any judgment rendered against First Party or the Premises, and all costs and expenses, including reasonable attorney's ’s fees, incurred by First Party in or in connection with such litigation.

Costs of Suit. 23.1 A. If either party incurs Tenant or Landlord shall bring any expenseaction 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 attorneys' fees, in connection with any action or proceeding instituted by either party by reason of any alleged default of fees which shall be deemed to have accrued on the other party hereunder or for a declaration of the rights and obligations of the parties hereunder, or if Landlord incurs such expense in connection with collecting any amount due hereunder or enforcing any obligation of Tenant hereunder, the party prevailing, in the case of an action or proceeding, and Landlord in the case commencement of such collection or enforcement, action and shall be entitled paid whether or not such action is prosecuted to recover such reasonable expenses from the other party. For purposes of this provision, in any action or proceeding instituted by Landlord based upon any default or alleged default by Tenant hereunder, Landlord shall be the prevailing party if (a) judgment is entered in favor of Landlord or (b) prior to judgment Tenant shall pay or agree to pay all or any portion of the rent and charges claimed by Landlord, eliminate the condition(s), cease the act(s) or otherwise cure the omission(s) claimed by Landlord to constitute a default by Tenant hereunderjudgment. 23.2 Should either party ("First Party ") without fault on B. In the part of First Party, be event Landlord is made a party to any litigation instituted by arising from the other party ("Second Party") or by any third party against Second Party or by or against any person holding under or using use of the Premises under license by Tenant, its agents, employees, contractors or invitees or arising from Second Party, any breach or for default on the foreclosure part of Tenant in the performance of any lien for labor covenant or material furnished agreement on the part of Tenant to or for Second Party or any such other person or arising out of any act or transaction of Second Party or of any such other personbe performed under this Lease, Second Party shall Tenant covenants to save and hold First Party Landlord harmless from any judgment in such litigation rendered against First Party Landlord or the PremisesPremises or any part thereof, and all costs and expenses, including reasonable attorney's fees, expenses incurred by First Party in or Landlord in connection with such litigation, including reasonable attorneys' fees paid by Landlord to its attorneys; provided, however, that such hold harmless agreement by Tenant shall not apply to the following: (i) liability incurred by Landlord resulting from its gross negligence or willful misconduct; (ii) any litigation, judgment, claim or liability related to Hazardous Materials, it being the agreement of the parties that the subject of Hazardous Materials is governed exclusively by the provisions of Section 18 of this Lease.

Costs of Suit. 23.1 If either party incurs any expense, including reasonable attorneys' fees, in connection with any action or proceeding instituted by either party by reason of any alleged default of the other party hereunder or for a declaration of the rights and obligations of the parties hereunder, or if Landlord incurs such expense in connection with collecting any amount due hereunder or enforcing any obligation of Tenant hereunder, the party prevailing, in the case of an action or proceeding, and Landlord in the case of such collection or enforcement, shall be entitled to recover such reasonable expenses from the other party. For purposes of this provision, in any action or proceeding instituted by Landlord based upon any default or alleged default by Tenant hereunder, Landlord shall be the prevailing party if (a) judgment 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 accrued on the commencement of such action and shall be paid whether or not such action is entered in favor of Landlord or prosecuted to judgement. (b) prior to judgment Tenant shall pay or agree to pay all or any portion of the rent and charges claimed by LandlordShould Lessor, eliminate the condition(s), cease the act(s) or otherwise cure the omission(s) claimed by Landlord to constitute a default by Tenant hereunder. 23.2 Should either party ("First Party ") without fault on the part of First PartyLessor's part, be made a party to any litigation instituted by the other party ("Second Party") Lessee or by any third party against Second Party Lessee, or by or against any person holding under or using the Premises under by license from Second Partyof Lessee, or for the foreclosure of any lien for labor or material furnished to or for Second Party Lessee or any such other person or otherwise arising out of or resulting from any _________________ -9- _________________ Lessor's Initials Lessee's Initials 10 act or transaction of Second Party Lessee or of any such other person, Second Party shall Lessee covenants to save and hold First Party Lessor harmless from any judgment judgement rendered against First Party Lessor or the Premises, or any part thereof, and all costs and expenses, including reasonable attorney's attorneys' fees, incurred by First Party Lessor in or in connection with such litigation. (c) If Lessee or Lessor or their successors as assigns shall bring an action against Broker or make Broker a party to litigation arising out of this Lease, Broker shall be entitled to recover reasonable attorney's fees and court costs from either Lessor or Lessee if Broker is adjudged by a court of competent jurisdiction to be without fault in such matter.

Costs of Suit. 23.1 24.1 If either party incurs brings action for relief against the other, declaratory or otherwise, arising out of this Lease. Including any expensesuit by Landlord for the recovery of Rent or possession of the Premises, the losing party shall pay the successful party its costs incurred in connection with and in preparation for said action, including its reasonable attorneys' feesfees (which costs shall be doomed to have accrued on the commencement of such action and shall be paid whether or not such action is prosecuted to judgment, it being agreed that to be the successful party a party need not necessarily have recovered a judgment, but shall be the party which, in connection with any action or proceeding instituted by either party by reason light of any alleged default all the facts and circumstances of the other party hereunder or for a declaration of the rights and obligations of the parties hereunder, or if Landlord incurs such expense in connection with collecting any amount due hereunder or enforcing any obligation of Tenant hereunder, the party prevailing, in the case of an action or proceeding, and Landlord in the case of such collection or enforcementcase, shall be entitled deemed to recover such reasonable expenses from be without fault or to have a lesser degree of fault than the other party). For purposes of this provision, in any action or proceeding instituted by Landlord based upon any default or alleged default by Tenant hereunder, Landlord shall be the prevailing party if (a) judgment is entered in favor of If either Landlord or Tenant (b) prior to judgment Tenant shall pay or agree to pay all or any portion of the rent and charges claimed by Landlord, eliminate the condition(s"Indemnified Party"), cease the act(s) or otherwise cure the omission(s) claimed by Landlord to constitute a default by Tenant hereunder. 23.2 Should either party ("First Party ") without fault on the part of First Partyits part, be is made a party to any litigation action instituted by the other party ("Second Indemnifying Party") against a third party or by any a third party against Second the Indemnifying Party or by or against any person holding under or using the Premises under or the Project by license from Second Partyof Tenant or Landlord respectively, as the case may be, or for the foreclosure of any lien for labor or material furnished to or for Second the Indemnifying Party or any such other person or person. Or otherwise arising out of or resulting from any act or transaction omission of Second the Indemnifying Party or of any such other person, Second the Indemnifying Party shall save at Its cost and at the Indemnified Party's option defend the Indemnified Party therefrom and further, except to the extent the Indemnified Party is found separately liable for its own negligence or wrongful acts, indemnify and hold First the Indemnified Party harmless from any judgment rendered against First Party or the Premises, in connection therewith and all an reasonable costs and expenses, expenses (including reasonable attorney's attorneys' fees, ) incurred by First the Indemnified Party in or in connection with such litigationaction.

Costs of Suit. 23.1 i. If either party incurs Tenant or Landlord shall bring any expenseaction 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 attorneys' fees, in connection with any action or proceeding instituted by either party by reason of any alleged default of fees which shall be deemed to have accrued on the other party hereunder or for a declaration of the rights and obligations of the parties hereunder, or if Landlord incurs such expense in connection with collecting any amount due hereunder or enforcing any obligation of Tenant hereunder, the party prevailing, in the case of an action or proceeding, and Landlord in the case commencement of such collection or enforcement, action and shall be entitled paid whether or not such action is prosecuted to recover such reasonable expenses from the other partyjudgment. ii. For purposes of this provision, in any action or proceeding instituted by Landlord based upon any default or alleged default by Tenant hereunder, Landlord shall be the prevailing party if (a) judgment is entered in favor of Landlord or (b) prior to judgment Tenant shall pay or agree to pay all or any portion of the rent and charges claimed by Should Landlord, eliminate the condition(s), cease the act(s) or otherwise cure the omission(s) claimed by Landlord to constitute a default by Tenant hereunder. 23.2 Should either party ("First Party ") without fault on the part of First PartyLandlord's part, be made a party to any litigation instituted by the other party ("Second Party") or by any third party against Second Party or by or against any person holding under or using the Premises under license from Second PartyTenant, or for the foreclosure of any lien for labor or material furnished to or for Second Party Tenant, or any such other person or otherwise arising out of or resulting from any act or transaction of Second Party or of any such other personTenant, Second Party shall Tenant covenants to save and hold First Party Landlord harmless from any judgment rendered against First Party Landlord or the PremisesPremises or any part thereof, and all costs and expenses, including reasonable attorney's attorneys' fees, incurred by First Party Landlord in or in connection with such litigation. iii. Should Tenant, without fault on Tenant's part, be made a party to any litigation instituted by any third party against Landlord, or for the foreclosure of any lien for labor or material furnished to or for Landlord, or otherwise arising out of or resulting from any act or transaction of Landlord, Landlord covenants to save and hold Tenant harmless from any judgment rendered against Tenant or the Premises or any part thereof, and all costs and expenses, including reasonable attorneys' fees, incurred by Tenant in or in connection with such litigation.

Costs of Suit. 23.1 If either party incurs Tenant or Landlord shall bring any expenseaction for any relief against the other, declaratory or otherwise, arising out of or under this Lease, including reasonable attorneys' fees, in connection with any action suit by Landlord for the recovery of Rent or proceeding instituted by either party by reason of any alleged default possession of the other party hereunder or for a declaration of the rights and obligations of the parties hereunder, or if Landlord incurs such expense in connection with collecting any amount due hereunder or enforcing any obligation of Tenant hereunderPremises, the prevailing party prevailing, in the case of an action or proceeding, and Landlord in the case of such collection or enforcement, shall be entitled to recover a reasonable sum for attorneys' fees in such reasonable expenses from the other party. For purposes of this provision, in any action or proceeding instituted by Landlord based upon any default or alleged default by Tenant hereunder, Landlord suit and such attorneys' fees shall be deemed to have accrued on the prevailing party if (a) judgment commencement of such action and shall be paid whether or not such action is entered in favor of Landlord or (b) prior prosecuted to judgment Tenant shall pay or agree to pay all or any portion of the rent and charges claimed by Landlord, eliminate the condition(s), cease the act(s) or otherwise cure the omission(s) claimed by Landlord to constitute a default by Tenant hereunderjudgment. 23.2 Should either party ("First Party ") Landlord, without fault on the part of First PartyLandlord's part, be made a party to any litigation instituted by the other party ("Second Party") Tenant, or by any third party against Second Party Tenant, or by or against any person holding under or using the Premises under by license from Second Partyof Tenant, or for the foreclosure of any lien for labor or material furnished to or for Second Party Tenant, or by any such other person or otherwise arising out of or resulting from any act or transaction of Second Party Tenant or of any such other person, Second Party shall Tenant covenants to save and hold First Party Landlord harmless from any judgment rendered against First Party Landlord or the PremisesPremises or any part thereof, and all costs and expenses, including reasonable attorney's fees, incurred by First Party Landlord in or in connection with such litigation. Should Tenant, without fault on Tenant's part, be made party to any litigation instituted by Landlord, or by any third party against Landlord, or for the foreclosure of any lien for labor or material furnished to or for Landlord, or by any such other person or otherwise arising out of or resulting from any act or transaction of Landlord or of any such other person, Landlord covenants to save and hold Tenant harmless from any judgment rendered against Tenant, and all costs and expenses, including reasonable attorney's fees, incurred by Tenant in or in connection with such litigation.

Costs of Suit. 23.1 24.1 If either party incurs any expensebrings action for 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 its costs incurred in connection with and in preparation for said action, including its reasonable attorneys' feesfees (which costs shall be deemed to have accrued on the commencement of such action and shall be paid whether or not such action is prosecuted to judgment, it being agreed that to be the successful party a party need not necessarily have recovered a judgment, but shall be the party which, in connection with any action or proceeding instituted by either party by reason light of any alleged default all the facts and circumstances of the other party hereunder or for a declaration of the rights and obligations of the parties hereunder, or if Landlord incurs such expense in connection with collecting any amount due hereunder or enforcing any obligation of Tenant hereunder, the party prevailing, in the case of an action or proceeding, and Landlord in the case of such collection or enforcementcase, shall be entitled deemed to recover such reasonable expenses from be without fault or to have a lesser degree of fault than the other party). For purposes of this provision, in any action or proceeding instituted by Landlord based upon any default or alleged default by Tenant hereunder, Landlord shall be the prevailing party if (a) judgment is entered in favor of Landlord or (b) prior to judgment Tenant shall pay or agree to pay all or any portion of the rent and charges claimed by If Landlord, eliminate the condition(s), cease the act(s) or otherwise cure the omission(s) claimed by Landlord to constitute a default by Tenant hereunder. 23.2 Should either party ("First Party ") without fault on the part of First PartyLandlord's part, be is made a party to any litigation action instituted by the other Tenant against a third party ("Second Party") or by any a third party against Second Party Tenant or by or against any person holding under or using the Premises under by license from Second Partyof Tenant, or for the foreclosure of any lien for labor or material furnished to or for Second Party Tenant or any such other person person, or otherwise arising out of or resulting from any act or transaction omission of Second Party Tenant or of any such other person, Second Party Tenant shall save at its cost and at Landlord's option defend Landlord therefrom and further, except to the extent Landlord is found separately liable for its own negligence or wrongful acts, indemnify and hold First Party Landlord harmless from any judgment rendered against First Party or the Premises, in connection therewith and all costs and expenses, expenses (including reasonable attorney's attorneys' fees, ) incurred by First Party in or Landlord in connection with such litigationaction.

Costs of Suit. 23.1 If either party incurs any expensebrings action for 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 its costs incurred in connection with and in preparation for said action, including its reasonable attorneys' feesfees (which costs shall be paid whether or not such action is prosecuted to judgment, it being agreed that to be the successful party a party need not necessarily have recovered a judgment, but shall be the party which, in connection with any action or proceeding instituted by either party by reason light of any alleged default all the facts and circumstances of the other party hereunder or for a declaration of the rights and obligations of the parties hereunder, or if Landlord incurs such expense in connection with collecting any amount due hereunder or enforcing any obligation of Tenant hereunder, the party prevailing, in the case of an action or proceeding, and Landlord in the case of such collection or enforcementcase, shall be entitled deemed to recover such reasonable expenses from be without fault or to have a lesser degree of fault than the other party). For purposes of this provision, in any action or proceeding instituted by Landlord based upon any default or alleged default by Tenant hereunder, Landlord shall be the prevailing party if (a) judgment is entered in favor of Landlord or (b) prior to judgment Tenant shall pay or agree to pay all or any portion of the rent and charges claimed by If Landlord, eliminate the condition(s), cease the act(s) or otherwise cure the omission(s) claimed by Landlord to constitute a default by Tenant hereunder. 23.2 Should either party ("First Party ") without fault on the part of First PartyLandlord's part, be is made a party to any litigation action instituted by the other Tenant against a third party ("Second Party") or by any a third party against Second Party Tenant or by or against any person holding under or using the Premises under by license from Second Partyof Tenant, or for the foreclosure of any lien for labor or material furnished to or for Second Party Tenant or any such other person person, or otherwise arising out of or resulting from any act or transaction omission of Second Party Tenant or of any such other person, Second Party Tenant shall save at its cost and at Landlord's option defend Landlord therefrom and further, except to the extent Landlord is found separately liable for its own negligence or wrongful acts, indemnify and hold First Party Landlord harmless from any judgment rendered against First Party or the Premises, in connection therewith and all costs and expenses, expenses (including reasonable attorney's attorneys' fees, ) incurred by First Party in or Landlord in connection with such litigationaction. If Tenant, without fault on Tenant's part, is made a party to any action instituted by Landlord against a third party or by a third party against Landlord or arising out of resulting from any act or omission of Landlord, Landlord shall at its cost and at Tenant's option defend Tenant therefrom and further, except to the extent Tenant is found separately liable for its own negligence or wrongful acts, indemnify and hold Tenant harmless from any judgment rendered in connection therewith and all costs and expenses (including reasonable attorneys' fees) incurred by Tenant in connection with such action. 25. SURRENDER OF PREMISES; HOLDING OVER 25.