Default/Attorney’s Fees. In the event of default of any of the provisions herein, the defaulting party shall be liable to the non-defaulting party for all reasonable attorney fees, legal expenses and costs incurred as a result of the default.
Default/Attorney’s Fees. In the event Firelight, or its successors or assigns, default and/or breach any of the terms of this Agreement, Firelight agrees to pay the City for all costs and expenses incurred in installing the deferred Public Facilities or compelling Firelight’s performance or otherwise enforcing this Agreement, including reasonable attorney’s fees, court costs and any other costs whether or not legal action is instituted, in bankruptcy or on appeal.
Default/Attorney’s Fees. If either party shall default in their performance under this Agreement, which default results in the expenditure of attorney’s fees to enforce the terms of this Agreement or to recover damages for breach of this contract, then the prevailing party shall receive their reasonable and actually incurred attorney’s fees in addition to any other damages recovered.
Default/Attorney’s Fees. (a) If Seller has performed its obligations under this Contract but Buyer defaults in performing its obligations under this Contract, then in such event Seller shall give Buyer written notice of the default. If the default is not cured by Buyer within twenty (20) days of the date of the notice, Seller shall have the right, as its sole right and remedy, to cancel this Contract and retain the Xxxxxxx Money. If, at any time, Seller defaults in the performance of its obligations under this Contract, then in such event Buyer shall give Seller written notice of the default. If Seller does not cure the default within twenty (20) days of the date of the notice, then Buyer shall have as its sole right and remedy to cancel this Contract (in which event the Xxxxxxx Money shall be immediately refunded to Buyer). Each party to this contract will be responsible for their respective Attorney's Fees in the event of any action brought for the interpretation or enforcement of this contract.
Default/Attorney’s Fees. In the event of any default hereunder, the Payor will pay all reasonable attorneys’ fees and court costs incurred by the Holder in enforcing and collecting this Note.
Default/Attorney’s Fees. In the event of a default under this Agreement, Client shall reimburse the Company for all costs and expenses incurred by the Company in connection with the default and Company’s enforcement of its rights hereunder, including without limitation, attorneys’ fees, fees and costs.
Default/Attorney’s Fees. Default hereunder shall be deemed to have occurred if either party shall refuse to consummate this transaction, where all conditions to such performance shall have been satisfied, and such refusal shall remain uncured for a ten (10) day period following receipt by such defaulting party of written notice from the nondefaulting party of such default. In the event of default by one party, the other party shall have all remedies provided at law or in equity in regard to such default. The parties agree that the non-breaching party has no adequate remedy at law, and shall be entitled to specific performance of this Agreement in addition to any other available remedies. A defaulting party shall pay all reasonable expenses incurred by the other party to enforce its rights under this Agreement as a result of such default including, without limitation, court costs and attorneys' fees.
Default/Attorney’s Fees. If the transaction fails to close due to default by Buyer, Seller's sole and exclusive remedy shall be to terminate this Agreement and collect and retain any Deposit and interest as liquidated damages. Seller hereby releases any and all right to specific performance of this Agreement. In the event of any breach of this Agreement by Seller, the Deposit and interest shall be returned to Buyer and Buyer shall have all rights and remedies under applicable law, including the right to specific performance, provided that under no circumstances shall Seller be liable to Buyer for punitive damages. In the event of litigation between the parties hereto, declaratory or otherwise, in connection with or arising out of this Agreement, the prevailing party shall recover from the non-prevailing party all actual litigation costs, actual damages and actual expenses, including attorneys' fees, house counsel fees, paralegals' fees and other professional or consultants' fees expended or incurred in connection therewith, as set by the court, including for appeals, which shall be determined and fixed by the court as part of the judgment. In establishing the Deposit and interest paid to Escrow Company as liquidated damages, the parties agree that the amount is a reasonable estimate, as of the time this Agreement is being executed, of the risks and damages Seller could suffer as a result of buyer's failure to close this transaction, including, without limitation, the risk of freezing the purchase price or losing the opportunity to sell for a higher price, the risk that the market for the Property could drop substantially, the lost time value of Seller's equity resulting from any delay in receiving payment of its equity, lost opportunities for other investments, changes in the availability and cost of financing for Seller's subsequent investments, and costs that Seller could incur as a result of the Buyer's default. The foregoing provisions represent the agreement of the parties as to what the Seller's remedy will be if the Buyer defaults by failing to close this transaction. BUYER AND SELLER ACKNOWLEDGE THAT THEY HAVE READ AND SPECIFICALLY NEGOTIATED THE FOREGOING PROVISIONS AND LIMITATIONS ON REMEDIES AFTER CONSULTATION WITH LEGAL COUNSEL OF THEIR RESPECTIVE CHOICE.
Default/Attorney’s Fees. In the event Sublessee fails to timely pay Rent, Sublessee's Proportionate Share or any other amounts as and when due under this Sublease, or commits any other default or breach of this Sublease, Sublessor shall, except to the extent limited by the Master Lease or this Sublease, be entitled to exercise all remedies available under California law including but not limited to, terminating this Sublease and recovering damages under Civil Code Section 1951.2, or the remedy described in California Civil Code Section 1951.4. Sublessor may, but shall not be obligated to, continue this Sublease in effect after Sublessee's breach and abandonment and recover Rent and other sums due hereunder as they become due. Without limiting the foregoing, in the event that either party hereto commits a material default or breach of this Sublease, the other party shall be entitled to exercise all remedies available to it under California law. If Sublessor or Sublessee shall commence an action against the other arising out of or in connection with this Sublease, the prevailing party shall be entitled to recover its costs of suit and reasonable attorneys' fees.
Default/Attorney’s Fees. If either party defaults in any of its obligations under this Agreement, the other party shall be entitled to exercise any and all rights and remedies which are provided for at law or in equity, including, without limitation, recovery of damages for which the other party may be liable under applicable law notwithstanding any termination of this Agreement. In addition, in the event of such a default by Member, Landlord shall have a lien on Member's Automobile and all property of Member stored at the Premises. In any action to enforce the terms of this Agreement and in any appeal thereof, reasonable attorneys' fees, costs and necessary disbursements shall be awarded to the prevailing party. In addition to any rent or other charges for which Tenant may be obligated to Landlord hereunder, Member shall pay to Landlord all costs, expenses and attorneys' fees incurred by Landlord in moving or storing Member's Automobile and its contents and all other contents of the Premises as authorized under applicable law or judicial determination, together with the attorneys' fees and costs incurred by Landlord in conducting sale proceedings or otherwise disposing of Member's Automobile and its contents and all other contents of the Premises according to applicable law. Member shall also be obligated to pay Landlord's attorneys' fees, costs and necessary disbursements in connection with any efforts undertaken by Landlord to enforce the terms of this Agreement even though no judicial action is instituted.
