Dispute Costs. In the event of any dispute between Assignor and Assignee arising out of the obligations of the parties under this Assignment or concerning the meaning or interpretation of any provision contained herein, the losing party shall pay the prevailing party's costs and expenses of such dispute, including, without limitation, reasonable attorneys' fees and costs. Any such attorneys' fees and other expenses incurred by either party in enforcing a judgment in its favor under this Assignment shall be recoverable separately from and in addition to any other amount included in such judgment, and such attorneys' fees obligation is intended to be severable from the other provisions of this Assignment and to survive and not be merged into any such judgment.
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Samples: Joint Escrow Instructions, Joint Escrow Instructions, Agreement of Purchase and Sale and Joint Escrow Instructions (NetApp, Inc.)
Dispute Costs. In the event of any dispute between Assignor and Assignee arising out of the obligations of the parties under this Assignment or concerning the meaning or interpretation of any provision contained herein, the losing party shall pay the prevailing party's ’s costs and expenses of such dispute, including, including without limitation, reasonable attorneys' ’ fees and costs. Any such attorneys' ’ fees and other expenses incurred by either party in enforcing a judgment in its favor under this Assignment shall be recoverable separately from and in addition to any other amount included in such judgment, and such attorneys' ’ fees obligation is intended to be severable from the other provisions of this Assignment and to survive and not be merged into any such judgment.
Appears in 3 contracts
Samples: Real Estate Sale Agreement (Dividend Capital Total Realty Trust Inc.), Purchase, Sale and Leaseback Agreement (Dividend Capital Total Realty Trust Inc.), Purchase, Sale and Leaseback Agreement (Dividend Capital Total Realty Trust Inc.)
Dispute Costs. In the event of any dispute between Assignor and Assignee arising out of the obligations of the parties under this Assignment or concerning the meaning or interpretation of any provision contained herein, the losing party shall pay the prevailing party's costs and expenses of such dispute, including, without limitation, reasonable attorneys' fees and costs. Any such attorneys' fees and other expenses incurred by either party in enforcing a judgment in its favor under this Assignment shall be recoverable separately from and in addition to any other amount included in such judgment, and such attorneys' fees obligation is intended to be severable from the other provisions of this Assignment and to survive and not be merged into any such judgment.. EXHIBIT "F"
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Samples: Agreement of Purchase and Sale and Joint Escrow Instructions (Flexsteel Industries Inc)
Dispute Costs. In the event of any dispute between Assignor and ------------- Assignee arising out of the obligations of the parties under this Assignment or concerning the meaning or interpretation of any provision contained herein, the losing party shall pay the prevailing party's costs and expenses of such dispute, including, including without limitation, reasonable reasonably attorneys' fees and costs. Any such attorneys' fees and other expenses incurred by either party in enforcing a judgment in its favor under this Assignment shall be recoverable separately from and in addition to any other amount included in such judgment, and such attorneys' fees obligation is intended to be severable from the other provisions of this Assignment and to survive and not be merged into any such judgment.
Appears in 1 contract
Samples: Purchase and Sale Agreement (Mercury Interactive Corporation)
Dispute Costs. In the event of any dispute between Assignor and Assignee arising out of the obligations of the parties under this Assignment or concerning the meaning or interpretation of any provision contained herein, the losing party shall pay the prevailing party's ’s costs and expenses of such dispute, including, including without limitation, reasonable reasonably attorneys' ’ fees and costs. Any such attorneys' ’ fees and other expenses incurred by either party in enforcing a judgment in its favor under this Assignment shall be recoverable separately from and in addition to any other amount included in such judgment, and such attorneys' ’ fees obligation is intended to be severable from the other provisions of this Assignment and to survive and not be merged into any such judgment.
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Dispute Costs. In the event of any dispute between Assignor and Assignee arising out of the obligations of the parties under this Assignment or concerning the meaning or interpretation of any provision contained herein, the losing party shall pay the prevailing party's costs and expenses of such dispute, including, including without limitation, reasonable attorneys' fees and costs. Any such attorneys' fees and other expenses incurred by either party in enforcing a judgment in its favor under this Assignment shall be recoverable separately from and in addition to any other amount included in such judgment, and such attorneys' fees obligation is intended to be severable from the other provisions of this Assignment and to survive and not be merged into any such judgment.
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