Default and Attorneys Fees. If default shall at any time be made by Tenant in the payment of rent when due to Landlord as herein provided, and if said default shall continue for five (5) days after written notice thereof shall have been given to Tenant by Landlord, or if default shall be made in any of the other covenants or conditions to be kept, observed and performed by Tenant, and such default shall continue for fifteen (15) days after notice thereof in writing to Tenant by Landlord without correction thereof then having been commenced and thereafter diligently prosecuted, Landlord may declare the term of this Lease ended and terminated by giving Tenant written notice of such intention, and if possession of the Leased Premises is not surrendered, Landlord may reenter said premises. Landlord shall have, in addition to the remedy above provided, any other right or remedy available to Landlord on account of any Tenant default, either in law or equity. If Landlord shall retain legal counsel to enforce a provision of this Lease against Tenant, including but not limited to, bringing a summary proceeding for eviction, or a collection action for unpaid Rent or Additional Rent, Tenant agrees, even in a situation where the Tenant cures the Default after the notice to cure period has expired, that it is responsible to pay Landlord, immediately upon receipt of any xxxx from Landlord, any and all fees incurred by Landlord in enforcing the terms of the Lease, including the actual attorneys fees billed to the Landlord, service of process costs, and all court filing costs. Said attorneys fees, service of process costs and court filing costs are to be considered “Additional Rent” and Tenant’s failure to pay those fees and costs when billed constitutes a material breach of the Lease entitling Landlord to evict the Tenant.
Default and Attorneys Fees. If Buyer defaults on this agreement, all deposits will be retained by the Seller as full settlement of any claim, whereupon Buyer and Seller will be relieved of all obligations under this agreement. If Seller defaults under this Agreement, the Buyer may seek specific performance or elect to receive the return of the Buyers deposit(s) without thereby waving any action for damages resulting from Seller's breach. In connection with any litigation arising out of this Agreement, the prevailing party will he entitled to recover all costs including a reasonable attorney's fee
Default and Attorneys Fees. In the event of default by either party to this Agreement, the non‑defaulting party shall have the right to bring an action for specific performance, damages and any other remedies available to such party at law or in equity. In the event of any litigation hereunder, the Superior Court of King County, Washington shall have the exclusive jurisdiction and venue.
Default and Attorneys Fees. Should Buyer elect not to fulfill Buyer's obligations under this Agreement all xxxxxxx monies will be retained by the Seller as liquidated damages and full settlement of any claim, whereupon Buyer and Seller will be relieved of all obligations under this Agreement. If Seller defaults under this Agreement, the Buyer may elect to receive the return of the Buyer's xxxxxxx money deposit, whereupon Buyer and Seller will be relieved of all obligations under this Agreement. In connection with any litigation arising out of this Agreement, the prevailing party shall be entitled to recover all costs including reasonable attorney's fees.
Default and Attorneys Fees. In the event Buyer fails, without legal excuse, to complete the purchase of the property, then Seller may, at its option, bring suit against Buyer for Sellers actual damages, or pursue any other rights or remedies available at law or in equity. In the event Seller fails, without legal excuse, to complete the sale of the property, then Buyer may, at its option, bring suit against the Sellers, for specific performance of the property sale transaction, and for its actual damages, or for any other rights or remedies available at law or in equity. If Buyer or Seller institutes suit concerning this Agreement, the prevailing party is entitled to court costs and reasonable attorney’s fees. In the event of trial, the amount of the attorney’s fees shall be fixed by the court. Venue of any suit shall be in the county in which the property is located, and this Agreement is to be governed by the laws of the state where the property is located. Buyer Date Home Phone Buyer Date Office Phone Print Buyer’s name(s) Xxxxx’s address FAX Seller’s Licensee (Company) Office phone Fax Address By Print name Seller Date Home Phone Seller Date Office Phone Print Seller’s name(s) Seller’s address FAX
Default and Attorneys Fees. In the event that Tenant hires an attorney to enforce its rights under this Lease, including defending itself against an eviction, and is successful, Landlord agrees to pay Tenant’s reasonable attorney’s fees plus costs.
Default and Attorneys Fees. If Buyer defaults on this Agreement, all deposits will be retained by the Seller as full settlement of any claim, whereupon Buyer and Seller will be relieved of all obligations under this Agreement. If Seller defaults under this Agreement, the Buyer may seek specific performance or elect to receive the return of the Buyer's binder deposit(s) without thereby waiving any action for damages resulting from Seller's breach. If Seller refuses to sell for any reason other than those outlined herein, Seller and Buyer herewith agree that this Agreement, and all transaction contemplated hereby, shall be governed by, construed and enforced in accordance with applicable state law. Any and all claims, controversies or disputes arising out of or relating to this Agreement, or the breach thereof, which remain unresolved after direct negotiations between the Parties, shall first be submitted to confidential mediation in accordance with the rules, procedures, and protocols for mediation of disputes under applicable state law then in effect upon ten (10) days notice via both certified and regular mail, one party unto the other. If any issues, claims or disputes remain unresolved after mediation concludes, the Parties hereto agree to immediately submit any such issues to binding arbitration before one/three arbitrator(s) in accordance with the rules, procedures, and protocols for arbitration of disputes under applicable state law then in effect. The parties further agree that the award of the arbitrator(s) is binding upon the Parties and that all expenses of such mediation and/or arbitration shall be borne by the losing Party and that any judgment upon the award rendered may be entered, after ten (10) days, into any court of competent jurisdiction.
Default and Attorneys Fees. If by reason of default by BUYER the transaction does not close as required under this Agreement, SELLER shall retain the Binder and Additional Deposits as agreed liquidated damages and in full settlement of any claim, whereupon BUYER and SELLER will be relieved of all obligations under this Agreement. If SELLER defaults under this Agreement, the BUYER shall, as its sole remedy, have the election to either (I) seek specific performance of this Agreement if (and only if) SELLER'S default is intentional and performance of this Agreement is within the reasonable control of SELLER, or (ii) to obtain a refund of the Binder and Additional Deposits, thereby waiving any action for specific performance. BUYER and SELLER waive all other remedies, including any claim for monetary damages, they may have against the other at law or in equity. In connection with any litigation arising out of this Agreement, the prevailing party, as determined by the court will be entitled to recover from the other party all costs incurred by the prevailing party, including without limitation a reasonable attorney's fee.
Default and Attorneys Fees. If BUYER defaults under this Agreement, SELLER shall retain the Binder Deposit as agreed liquidated damages and in full settlement of any claim, whereupon BUYER and SELLER will be relieved of all obligations under this Agreement. If SELLER defaults under this Agreement, the BUYER shall have the election to either (i) seek specific performance of this Agreement, or (ii) to obtain a refund of the Binder Deposit, thereby waiving any action for specific performance. BUYER and SELLER waive all other remedies they may have against the other at law or in equity. In connection with any litigation arising out of this Agreement, the prevailing party will be entitled to recover all costs incurred, including without limitation a reasonable attorney's fee.
Default and Attorneys Fees. If Buyer defaults on this Agreement, all deposits will be retained by the Seller as full settlement of any claim, whereupon Buyer and Seller will be relieved of all obligations under this Agreement. If Seller defaults under this Agreement, the Buyer may seek specific performance or elect to receive the return of the Buyer's binder deposit(s) without thereby waiving any action for damages resulting from Seller's breach. If Seller refuses to sell for any reason other than those outlined herein, Seller and Buyer herewith agree to resolve this dispute through binding arbitration with all costs of such arbitration to be borne by the losing party, in accordance with procedures outlined by state law, if any. In connection with any other litigation arising out of this Agreement, the prevailing party will be entitled to recover all costs including 15% of the purchase price as attorney's fees.
