Expense of Litigation. If either party incurs any expense, including attorneys’ fees, in connection with any action or proceeding instituted by either party by reason of any default or alleged default of the other party hereunder, the party prevailing in such action or proceeding shall be entitled to recover its expenses, costs, fees, and disbursements, including attorneys fees, from the other party.
Expense of Litigation. A. If an Event of Default has occurred hereunder, or when the indebtedness hereby secured, or any part thereof, shall become due, whether by acceleration or otherwise, Mortgagee shall have the right to foreclose the lien hereof for such indebtedness or part thereof, and in the event of the default in the payment of any installment due under the Note secured hereby, the owner of the Note may accelerate the payment of same and may institute proceedings to foreclose this Mortgage for the entire amount then unpaid with respect to the Note. In any suit to foreclose the lien hereof, there shall be allowed and included as additional indebtedness in the decree for sale all expenditures and expenses which may be paid or incurred by or on behalf of Mortgagee for attorney's fees, appraiser's fees, outlays for documentary and expert evidence, stenographer's charges, publication costs, and costs (which may be estimated as to items to be expended after entry of the decree) of procuring all such abstracts of title, title searches and examinations, title insurance policies, Torrens certificates, and similar data and assurances with respect to title as Mortgagee may deem reasonably necessary either to prosecute such suit or to evidence to bidders at any sale which may be had pursuant to such decree the true condition of the title to or the value of the Premises. All expenditures and expenses of the nature in this paragraph mentioned, and such expenses and fees as may be incurred in the protection of said Premises and the maintenance of the lien of this Mortgage, including the fees of any attorney employed by Mortgagee in any litigation or proceeding affecting this Mortgage, the Note or the Premises, including probate and bankruptcy proceedings, or in preparations for the commencement or defense of any proceeding or threatened suit or proceeding, shall be immediately due and payable by Mortgagor, with interest thereon at the Default Rate as set forth in Paragraph 41 hereof and shall be secured by this Mortgage.
B. This Mortgage may be foreclosed once against all, or successively against any portion or portions of the Premises, as Mortgagee may elect. This Mortgage and the right of foreclosure hereunder shall not be impaired or exhausted by one or any foreclosure or by one or any sale, and may be foreclosed successively and in parts, until all of the Premises have been foreclosed against and sold. Mortgagor waives and relinquishes any and all rights that Mortgagor may have t...
Expense of Litigation. 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 default or alleged default of the other Party hereunder or for a declaration of the rights and obligations of the Parties hereunder, the Party prevailing in such action or proceeding shall be entitled to recover its reasonable expenses from the other Party. For the purposes of determining what expenses and fees are reasonable, the court shall look to the nature of the proceeding and the issues and scope of the proceeding, and shall not be bound by any court schedule or guideline which purports to establish the amount of expenses or fees to be awarded based upon the nature of the proceeding, the size of the award or similar standards.
Expense of Litigation. (a) The second sentence of Section 13.04 of the lease form shall have no application with respect to this lease.
(b) For the purposes of Section 13.04 of the lease form, the term "prevailing party" shall mean (i) the party determined to be the prevailing party by the judge or arbitrator before whom a matter is determined, if a matter is determined before a judge or arbitrator or (ii) if a matter is resolved without a judge or arbitrator, the party whose claim is closest to the actual resolution of a matter. By way of example of the operation of clause (ii), a resolution which results in payment by Tenant of all amounts claimed by Landlord or performance by Tenant of all obligations claimed to be due by Xxxxxx would render Landlord as the prevailing party, while a resolution which results in payment by Tenant of less than one-half (1/2) of the amount claimed by Landlord or performance of only a portion of the obligations claimed to be due by Xxxxxx would render Tenant as the prevailing party. Nothing herein shall prevent the parties, in any resolution of a claim or claims between them, from reaching a different agreement as to a prevailing party or that there is no prevailing party. In addition, if any dispute or claim is resolved without the filing of an action (or an arbitration proceeding under Addendum Section 4.03 or Section 13.09 of the lease form) (such as payment after a notice to pay or quit), there shall be no prevailing party and no entitlement to recovery of attorneys' fees unless the parties specifically agree to the contrary.
Expense of Litigation. If either party incurs any expense, including reasonable attorney's fees, in connection with any action or proceeding, including declaratory relief, instituted by either party by reason of any default or alleged default of the other party hereunder, the party prevailing in such action or proceeding shall be entitled to recover its reasonable expenses from the other party. In addition, should it become necessary for Landlord to utilize legal counsel to enforce any of the provisions herein contained, Xxxxxx agrees to pay all legal fees and other costs incurred, whether or not a suit is instituted or prosecuted to final judgement.
Expense of Litigation. If either party brings any action or proceeding by reason of any default or alleged default of the other party hereunder, the party prevailing in such action or proceeding shall be entitled to recover its reasonable expenses in connection therewith (including, without limitation, attorneys’ fees) from the other party. For purposes of this provision, in any unlawful detainer or other action or proceeding instituted by Landlord based upon any default or alleged default by Tenant hereunder, Landlord shall be deemed the prevailing party if (a) judgment is entered in favor of Landlord or (b) prior to trial or judgment Tenant shall pay all of the rent and charges claimed by Xxxxxxxx, eliminate the condition(s), cease the act(s) or otherwise cure the omission(s) claimed by Landlord to constitute a default by Tenant hereunder.
Expense of Litigation. 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 default or alleged default of the other party hereunder, the party prevailing in such action or proceeding shall be entitled to recover its reasonable expenses and attorneys' fees from the other party in an amount determined by the court, whether or not such action goes to final judgment. In the event of settlement or final judgment in which neither party is awarded all of the relief prayed for, the prevailing party as determined by the court shall be entitled to recover from the other party reasonable expenses and attorneys' fees in the amount determined by the court.
Expense of Litigation. If any litigation occurs between the parties arising out of or connected in any way with this Lease, the prevailing party shall be entitled to reasonable expenses and attorney's fees, whether or not such litigation goes to final judgment. In the event of settlement or final judgment in which neither party is awarded all of the relief prayed for, the Court shall determine which is the prevailing party and who shall be entitled to recover reasonable expenses and attorney's fees.
Expense of Litigation. If either party incurs any expense, including reasonable attorneys' fees, in connection with any action or proceeding, including declaratory relief, instituted by either party by reason of any default or alleged default of the other party hereunder the party prevailing in such action or proceeding shall be entitled to recover from the other party its reasonable expenses including, without limitation, all attorneys' fees and court costs. ARTICLE XIV—
Expense of Litigation. If either party incurs any expense, including reasonable attorney's fees, in connection with any action or proceeding, including declaratory relief, instituted by either party by reason of any default or alleged default of the other party hereunder, the party prevailing in such action or proceeding shall be entitled to recover its reasonable expenses from the other party. If any party files for protection under, or voluntarily or involuntarily becomes subject to, any chapter of the United States Bankruptcy Code or similar state insolvency laws, any other party shall be entitled to any and all reasonable attorneys' fees, accountants' fees, expert witness fees, and any and all other similar fees, costs and expenses incurred to protect such party's interest and other rights under this Lease whether or not such action results in a discharge.
