Common use of Litigation; Attorneys' Fees Clause in Contracts

Litigation; Attorneys' Fees. Within ten (10) days after Tenant has knowledge of any litigation or other proceeding that may be instituted against Tenant, against any Leased Property to secure or recover possession thereof, or that may affect the title to or the interest of Landlord in such Leased Property, Tenant shall give written notice thereof to Landlord. Within thirty (30) days of Landlord's presentation of an invoice, Tenant shall pay all reasonable costs and expenses incurred by Landlord in enforcing or preserving Landlord's rights under this Agreement and each Lease, whether or not an Event of Default has actually occurred or has been declared and thereafter cured, including without limitation, (i) the fees, expenses, and costs of any litigation, receivership, administrative, bankruptcy, insolvency or other similar proceeding; (ii) reasonable attorney, paralegal, consulting and witness fees and disbursements; and (iii) the expenses, including without limitation, lodging, meals, and transportation, of Landlord and its employees, agents, attorneys, and witnesses in preparing for litigation, administrative, bankruptcy, insolvency or other similar proceedings and attendance at hearings, depositions, and trials in connection therewith. All such costs, charges and fees as incurred shall be deemed to be Other Additional Rent under this Agreement.

Appears in 4 contracts

Samples: Master Agreement (Prison Realty Corp), Master Agreement (Cca Prison Realty Trust), Master Agreement (Corrections Corporation of America)

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Litigation; Attorneys' Fees. Within ten (10) days after Tenant has knowledge of any litigation or other proceeding that may be instituted against Tenant, against any the Leased Property to secure or recover possession thereof, or that may affect the title to or the interest of Landlord in such the Leased Property, Tenant shall give written notice thereof to Landlord. Within thirty (30) days of Landlord's presentation of an invoice, Tenant shall pay all reasonable costs and expenses incurred by Landlord in enforcing or preserving Landlord's rights under this Agreement and each Lease, whether or not an Event of Default has actually occurred or has been declared and thereafter cured, including without limitation, ([i) ] the fees, expenses, and costs of any litigation, receivership, administrative, bankruptcy, insolvency or other similar proceeding; ([ii) ] reasonable attorney, paralegal, consulting and witness fees and disbursements; and ([iii) ] the expenses, including without limitation, lodging, meals, and transportation, of Landlord and its employees, agents, . attorneys, and witnesses in preparing for litigation, administrative, bankruptcy, insolvency or other similar proceedings and attendance at hearings, depositions, and trials in connection therewith. All such costs, charges and fees as incurred shall be deemed to be Other Additional Rent under this AgreementLease.

Appears in 2 contracts

Samples: Master Agreement (National Health Investors Inc), Master Agreement (National Healthcare Corp)

Litigation; Attorneys' Fees. Within ten (10) days after Tenant has knowledge of any litigation or other proceeding that may be instituted against Tenant, against any the Leased Property to secure or recover possession thereof, or that may affect the title to or the interest of Landlord in such the Leased Property, Tenant shall give written notice thereof to Landlord. Within thirty (30) days of Landlord's presentation of an invoice, Tenant shall pay all reasonable costs and expenses incurred by Landlord in enforcing or preserving Landlord's rights under this Agreement and each Lease, whether or not an Event of Default has actually occurred or has been declared and thereafter cured, including without limitation, (i) the fees, expenses, and costs of any litigation, receivership, administrative, bankruptcy, insolvency or other similar proceeding; (ii) reasonable attorney, paralegal, consulting and witness fees and disbursements; and (iii) the expenses, including without limitation, lodging, meals, and transportation, of Landlord and its employees, agents, attorneys, and witnesses in preparing for litigation, administrative, bankruptcy, insolvency or other similar proceedings and attendance at hearings, depositions, and trials in connection therewith. All such costs, charges and fees as incurred shall be deemed to be Other Additional Rent under this AgreementLease.

Appears in 1 contract

Samples: Lease Agreement (Unison Healthcare Corp)

Litigation; Attorneys' Fees. Within ten (10) 5 days after Tenant has knowledge of any litigation or other proceeding that may be instituted against Tenant, against any the Leased Property to secure or recover possession thereof, or that may affect the title to or the interest of Landlord in such the Leased Property, Tenant shall give written notice thereof to Landlord. Within thirty (30) days of Landlord's presentation of an invoice, Tenant shall pay all reasonable costs and expenses incurred by Landlord in enforcing or preserving Landlord's rights under this Agreement and each Lease, whether or not an Event of Default has actually occurred or has been declared and thereafter cured, including without limitation, ([i) ] the fees, expenses, and costs of any litigation, 38 receivership, administrative, bankruptcy, insolvency or other similar proceeding; ([ii) ] reasonable attorney, paralegal, consulting and witness fees and disbursements, whether in house counsel or outside counsel; and ([iii) ] the expenses, including without limitation, lodging, meals, and transportation, of Landlord and its employees, agents, attorneys, and witnesses in preparing for litigation, administrative, bankruptcy, insolvency or other similar proceedings and attendance at hearings, depositions, and trials in connection therewith. All such costs, charges and fees as incurred payable by Tenant shall be deemed to be Other Additional Rent under this AgreementLease.

Appears in 1 contract

Samples: Hcri Lease Agreement (Balanced Care Corp)

Litigation; Attorneys' Fees. Within ten (10) days after Tenant has knowledge of any litigation or other proceeding that may be instituted against Tenant, against any the Leased Property to secure or recover possession thereof, or that may affect the title to or the interest of Landlord in such the Leased Property, Tenant shall give written notice thereof to Landlord. Within thirty (30) days of Landlord's presentation of an invoice, Tenant shall pay all reasonable costs and expenses incurred by Landlord in enforcing or preserving Landlord's rights under this Agreement and each Lease, whether or not an Event of Default has actually occurred or has been declared and thereafter cured, including without limitation, (i) the fees, expenses, and costs of any litigation, receivership, administrative, bankruptcy, insolvency or other similar proceeding; (ii) reasonable attorney, paralegal, consulting and witness fees and disbursements; and (iii) the expenses, including without limitation, lodging, meals, and transportation, of Landlord and its employees, agents, attorneys, and witnesses in preparing for litigation, administrative, bankruptcy, insolvency or other similar proceedings and attendance at hearings, depositions, and trials in connection therewith. All such costs, charges and fees as incurred shall be deemed to be Other Additional Rent under this Agreement.

Appears in 1 contract

Samples: Master Agreement (Prison Realty Corp)

Litigation; Attorneys' Fees. Within ten (10) days after Tenant has knowledge of any material litigation or other proceeding that may be instituted against Tenant, against any in relation to the Leased Property or to secure or recover possession thereof, or that may affect the title to or the interest of Landlord in such the Leased Property, Tenant shall give written notice thereof to Landlord. Within thirty (30) business days of after Landlord's ’s presentation of an invoice, Tenant shall pay all reasonable costs and expenses incurred by Landlord in enforcing or preserving presenting Landlord's ’s rights under this Agreement and each LeaseLease Agreement, whether or not an Event of Default has actually occurred or has been declared and thereafter cured, including without limitation, (i) the reasonable fees, expenses, and costs of any litigation, receivership, administrative, bankruptcy, insolvency or other similar proceeding; (ii) reasonable attorney, paralegal, consulting and witness fees and disbursementsdisbursements incurred by Landlord whether or not any suit or proceeding has commenced; and (iii) the reasonable expenses, including without limitation, lodging, meals, and transportation, of Landlord and its employees, agents, attorneys, and witnesses in preparing for litigation, administrative, bankruptcy, insolvency or other similar proceedings and attendance at hearings, depositions, and trials in connection therewith. All such costs, charges and fees as incurred shall be deemed to be Other Additional Rent under this Lease Agreement.

Appears in 1 contract

Samples: Facilities Lease Agreement (Cornell Companies Inc)

Litigation; Attorneys' Fees. Within ten (10) 5 days after Tenant has --------------------------- knowledge of any litigation or other proceeding that may be instituted against Tenant, against any the Leased Property to secure or recover possession thereof, or that may affect the title to or the interest of Landlord in such the Leased Property, Tenant shall give written notice thereof to Landlord. Within thirty (30) days of Landlord's presentation of an invoice, Tenant shall pay all reasonable costs and expenses incurred by Landlord in enforcing or preserving Landlord's rights under this Agreement and each Lease, whether or not an Event of Default has actually occurred or has been declared and thereafter cured, including without limitation, ([i) ] the fees, expenses, and costs of any litigation, receivership, administrative, bankruptcy, insolvency or other similar proceeding; ([ii) ] reasonable attorney, paralegal, consulting and witness fees and disbursements, whether in house counsel or outside counsel; and ([iii) ] the expenses, including without limitation, lodging, meals, and transportation, of Landlord and its employees, agents, attorneys, and witnesses in preparing for litigation, administrative, bankruptcy, insolvency or other similar proceedings and attendance at hearings, depositions, and trials in connection therewith. All such costs, charges and fees as incurred payable by Tenant shall be deemed to be Other Additional Rent under this AgreementLease.

Appears in 1 contract

Samples: Lease Agreement (Just Like Home Inc)

Litigation; Attorneys' Fees. Within ten (10) days after Tenant has knowledge of any material litigation or other proceeding that may be instituted against TenantTenant , against any Leased Property to secure or recover possession thereof, or that may affect the title to or the interest of Landlord in such Leased Property, Tenant shall give written notice thereof to Landlord. Within thirty (30) days of Landlord's presentation of an invoice, Tenant shall pay all reasonable costs and expenses incurred by Landlord in enforcing or preserving Landlord's rights under this Agreement and each Lease, whether or not an Event of Default has actually occurred or has been declared and thereafter cured, including without limitation, (i) the fees, expenses, and costs of any litigation, receivership, administrative, bankruptcy, insolvency or other similar proceeding; (ii) reasonable attorney, paralegal, consulting and witness fees and disbursements; and (iii) the expenses, including without limitation, lodging, meals, and transportation, of Landlord and its employees, agents, attorneys, and witnesses in preparing for litigation, administrative, bankruptcy, insolvency or other similar proceedings and attendance at hearings, depositions, and trials in connection therewith. All such costs, charges and fees as incurred shall be deemed to be Other Additional Rent under this Agreement. For purposes hereof, "material litigation" instituted against Tenant shall be determined in accordance with then applicable GAAP accounting standards.

Appears in 1 contract

Samples: Master Agreement to Lease (Wackenhut Corrections Corp)

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Litigation; Attorneys' Fees. Within ten (10) days after Tenant has knowledge of any material litigation or other proceeding that may be instituted against Tenant, against any Leased Property to secure or recover possession thereof, or that may affect the title to or the interest of Landlord in such Leased Property, Tenant shall give written notice thereof to Landlord. Within thirty ten (3010) days of after Landlord's presentation of an invoice, Tenant shall pay all reasonable costs and expenses incurred by Landlord in enforcing or preserving presenting Landlord's rights under this Agreement and each Lease, whether or not an Event of Default has actually occurred or has been declared and thereafter cured, including without limitation, (i) the fees, expenses, and costs of any litigation, receivership, administrative, bankruptcy, insolvency or other similar proceeding; (ii) reasonable attorney, paralegal, consulting and witness fees and disbursementsdisbursements incurred by Landlord whether or not any suit or proceeding has commenced; and (iii) the expenses, including without limitation, lodging, meals, and transportation, of Landlord and its employees, agents, attorneys, and witnesses in preparing for litigation, administrative, bankruptcy, insolvency or other similar proceedings and attendance at hearings, depositions, and trials in connection therewith. All such costs, charges and fees as incurred shall be deemed to be Other Additional Rent under this Agreement. For purposes hereof, "MATERIAL LITIGATION" instituted against Tenant shall be determined in accordance with then applicable GAAP accounting standards.

Appears in 1 contract

Samples: Master Agreement (Correctional Properties Trust)

Litigation; Attorneys' Fees. Within ten (10) five days after Tenant or Subtenant has knowledge of any litigation or other proceeding that may be instituted against TenantTenant or Subtenant, against any the Leased Property to secure or recover possession thereof, or that may affect the title to or the interest of Landlord in such the Leased Property, Tenant shall give written notice thereof to Landlord. Within thirty (30) days of Landlord's presentation of an invoice, Tenant shall pay all reasonable costs and expenses incurred by Landlord in enforcing or preserving Landlord's ’s rights under this Agreement and each Lease, whether or not an Event of Default has actually occurred or has been declared and thereafter cured, including including, without limitation, ([i) ] the fees, expenses, and costs of any litigation, appellate, receivership, administrative, bankruptcy, insolvency or other similar proceeding; ([ii) ] reasonable attorney, paralegal, consulting and witness fees and disbursements, whether in-house counsel or outside counsel; and ([iii) ] the expenses, including including, without limitation, lodging, meals, and transportation, of Landlord and its employees, agents, attorneys, and witnesses in preparing for litigation, administrative, bankruptcy, insolvency or other similar proceedings and attendance at hearings, depositions, and trials in connection therewith. All such reasonable costs, expenses, charges and fees as incurred payable by Tenant shall be deemed to be Other Additional Rent under this AgreementLease.

Appears in 1 contract

Samples: Master Lease Agreement (Tandem Health Care, Inc.)

Litigation; Attorneys' Fees. Within ten (10) days after Tenant has knowledge of any litigation or other proceeding that may be instituted against Tenant, against any the Leased Property to secure or recover possession thereof, or that may affect the title to or the interest of Landlord in such the Leased Property, Tenant shall give written notice thereof to Landlord. Within thirty (30) days of Landlord's presentation of an invoice, Tenant shall pay all reasonable costs and expenses incurred by Landlord in enforcing or preserving Landlord's ’s rights under this Agreement and each Lease, whether or not an Event of Default has actually occurred or has been declared and thereafter cured, including without limitation, (i) the fees, expenses, and costs of any litigation, receivership, administrative, bankruptcy, insolvency or other similar proceeding; (ii) reasonable attorney, paralegal, consulting and witness fees and disbursements; and (iii) the expenses, including without limitation, lodging, meals, and transportation, of Landlord and its employees, agents, . attorneys, and witnesses in preparing for litigation, administrative, bankruptcy, insolvency or other similar proceedings and attendance at hearings, depositions, and trials in connection therewith. All such costs, charges and fees as incurred shall be deemed to be Other Additional Rent under this AgreementLease.

Appears in 1 contract

Samples: Lease (National Healthcare Corp)

Litigation; Attorneys' Fees. Within ten (10) five days after Tenant has knowledge of any litigation or other proceeding that may be instituted against Tenant that is material to the construction or operation of the Facility or that is material to Tenant's business or financial condition, against any the Leased Property to secure or recover possession thereof, or that may affect the title to or the interest of Landlord in such the Leased Property, Tenant shall give written notice thereof to Landlord. Within thirty (30) days of Landlord's presentation of an invoice, Tenant shall pay all reasonable costs and expenses incurred by Landlord in enforcing or preserving Landlord's rights under this Agreement and each Lease, whether or not an Event of Default has actually occurred or has been declared and thereafter cured, including without limitation, ([i) ] the fees, expenses, and costs of any litigation, receivership, administrative, bankruptcy, insolvency or other similar proceeding; ([ii) ] reasonable attorney, paralegal, consulting and witness fees and disbursements, whether in house counsel or outside counsel; and ([iii) ] the expenses, including without limitation, lodging, meals, and transportation, of Landlord and its employees, agents, attorneys, and witnesses in preparing for litigation, administrative, bankruptcy, insolvency or other similar proceedings and attendance at hearings, depositions, and trials in connection therewith. All such costs, charges and fees as incurred payable by Tenant shall be deemed to be Other Additional Rent under this AgreementLease.

Appears in 1 contract

Samples: Lease Agreement (Alterra Healthcare Corp)

Litigation; Attorneys' Fees. Within ten (10) 5 days after Tenant has knowledge of any litigation or other proceeding that may be instituted against Tenant that is material to the construction or operation of the Facility or that is material to Tenant's business or financial condition, against any the Leased Property to secure or recover possession thereof, or that may affect the title to or the interest of Landlord in such the Leased Property, Tenant shall give written notice thereof to Landlord. Within thirty (30) days of Landlord's presentation of an invoice, Tenant shall pay all reasonable costs and expenses incurred by Landlord in enforcing or preserving Landlord's rights under this Agreement and each Lease, whether or not an Event of Default has actually occurred or has been declared and thereafter cured, including without limitation, ([i) ] the fees, expenses, and costs of any litigation, receivership, administrative, bankruptcy, insolvency or other similar proceeding; ([ii) ] reasonable attorney, paralegal, consulting and witness fees and disbursements, whether in house counsel or outside counsel; and ([iii) ] the expenses, including without limitation, lodging, meals, and transportation, of Landlord and its employees, agents, attorneys, and witnesses in preparing for litigation, administrative, bankruptcy, insolvency or other similar proceedings and attendance at hearings, depositions, and trials in connection therewith. All such costs, charges and fees as incurred payable by Tenant shall be deemed to be Other Additional Rent under this AgreementLease.

Appears in 1 contract

Samples: Lease Agreement (Alterra Healthcare Corp)

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