Dispute Costs. In the event of a Dispute which is ultimately resolved by a court of competent jurisdiction, the non-prevailing party will reimburse the prevailing party for its reasonable costs and expenses (including, without limitation, legal fees and expenses) incurred in connection with such action.
Appears in 4 contracts
Samples: Acquisition Agreement (Packaging Dynamics Corp), Acquisition Agreement (Packaging Dynamics Corp), Net Lease (Packaging Dynamics Corp)
Dispute Costs. In the event of a Dispute which is ultimately resolved by a court of competent jurisdictionany dispute between the parties with respect to this Assignment results in litigation or other proceeding, the non-prevailing party will reimburse the prevailing party shall be reimbursed by the party not prevailing in such proceeding for its all reasonable costs and expenses (expenses, including, without limitation, legal reasonable attorneys’ and experts’ fees and expenses) costs incurred by the prevailing party in connection with such actionlitigation or other proceeding and any appeal thereof. Such costs, expenses and fees shall be included in and made a part of the judgment recovered by the prevailing party, if any.
Appears in 3 contracts
Samples: Assignment of Purchase and Sale Agreement (Dividend Capital Total Realty Trust Inc.), Assignment of Purchase, Sale and Leaseback Agreement (Dividend Capital Total Realty Trust Inc.), Assignment of Purchase, Sale and Leaseback Agreement (Dividend Capital Total Realty Trust Inc.)
Dispute Costs. In the event of a Dispute which is ultimately resolved by a court of competent jurisdiction, the non-prevailing party parties will reimburse the prevailing party for its reasonable costs and expenses (including, without limitation, legal fees and expenses) incurred in connection with such action.
Appears in 2 contracts
Samples: Registration Rights Agreement (Packaging Dynamics Corp), Registration Rights Agreement (Packaging Dynamics Corp)
