Common use of Litigation Expense Clause in Contracts

Litigation Expense. If any party shall bring an action or arbitration proceeding against any other party hereto by reason of the breach of any covenant, warranty, representation or condition hereof, or otherwise arising out of this lease or any schedule, list or exhibit hereto, whether for declaratory or other relief, the prevailing party in such suit shall be entitled to such party's costs of suit and attorneys' fees, which shall be payable whether or not such action is prosecuted to judgment.

Appears in 2 contracts

Samples: Laboratory Lease (Dynavax Technologies Corp), Triple Net Laboratory Lease (Dynavax Technologies Corp)

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Litigation Expense. If any party shall bring an action or arbitration proceeding against any other party hereto by reason of the breach of any covenant, warranty, representation or condition hereof, or otherwise arising out of this lease Lease or any schedule, list or exhibit hereto, whether for declaratory or other relief, the prevailing party in such suit shall be entitled to such party's costs of suit and reasonable attorneys' fees, which shall be payable whether or not such action is prosecuted to judgment.

Appears in 2 contracts

Samples: Light Industrial Lease (Quintus Corp), Light Industrial Lease (Novellus Systems Inc)

Litigation Expense. If any party shall bring an action or arbitration proceeding against any other party hereto by reason of the breach of any covenant, warranty, representation or condition hereof, or otherwise arising out of this lease Agreement or any schedule, list or exhibit hereto, whether for declaratory or other relief, the prevailing party in such suit shall be entitled to such party's costs of suit and attorneys' fees, which shall be payable whether or not such action is prosecuted to judgment.

Appears in 1 contract

Samples: Right of First Refusal Agreement (Xoma Corp /De/)

Litigation Expense. If any party shall bring an action or arbitration proceeding against any other party hereto by reason of the breach of any covenant, warranty, representation or condition hereof, or otherwise arising out of this lease Lease or any schedule, list or exhibit hereto, whether for declaratory or other relief, the prevailing party in such suit shall be entitled to such party's costs of suit and attorneys' fees, which shall be payable whether or not such action is prosecuted to judgment.

Appears in 1 contract

Samples: Triple Net Laboratory Lease (Dynavax Technologies Corp)

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Litigation Expense. If any party shall bring an action or arbitration proceeding against any other party hereto by reason of the breach of any covenant, warranty, representation or condition hereof, or otherwise arising out of this lease Agreement or any schedule, schedule list or exhibit hereto, whether for declaratory or other relief, the prevailing party in such suit shall be entitled to such party's costs of suit and attorneys' fees, which shall be payable whether or not such action is prosecuted to judgment.

Appears in 1 contract

Samples: Building E Lease (Xoma Corp /De/)

Litigation Expense. If any party shall bring Party brings an action or arbitration proceeding against any other party Party hereto by reason of the breach of any covenant, promise, warranty, representation representation, obligation or condition hereof, or otherwise arising out of or relating to this lease or any schedule, list or exhibit heretoAgreement, whether for declaratory or other relief, the prevailing party Party in such suit shall be entitled to such party's its costs of suit and reasonable attorneys' fees, which shall be payable whether or not such action is prosecuted to judgment.

Appears in 1 contract

Samples: Settlement Agreement (Amarillo Biosciences Inc)

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