Common use of Payment of Tenant’s Legal Costs Under Special Circumstances Clause in Contracts

Payment of Tenant’s Legal Costs Under Special Circumstances. 51.1 If Tenant files an action (i) to compel Landlord’s consent to Structural Alterations under Section 9.2, or (ii) to recover reimbursement for emergency repairs to avoid a Shut-Down Condition under Section 13.1, or (iii) to compel Landlord’s consent to a sublease or assignment under Section 17.1, and if the Tenant is the prevailing party in any such action, and if the Court determines that Landlord’s bad faith necessitated the filing of such an action, then in addition to other relief awarded to Tenant, Tenant shall be entitled to an award of reasonable counsel fees and litigation expenses in the discretion of the Court.

Appears in 5 contracts

Samples: Lease Agreement (Sungard Capital Corp Ii), Lease Agreement (SunGard VeriCenter, Inc.), Lease Agreement (SunGard VeriCenter, Inc.)

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Payment of Tenant’s Legal Costs Under Special Circumstances. 51.1 If Tenant files an action (i) to compel Landlord’s 's consent to Structural Alterations under - Section 9.2, or (ii) to recover reimbursement for emergency repairs to avoid a Shut-Down Condition under Section 13.1, or (iii) to compel Landlord’s 's consent to a sublease or assignment under Section 17.1, and if the Tenant is the prevailing party in any such action, and if the Court determines that Landlord’s 's bad faith necessitated the filing of such an action, then in addition to other relief awarded to Tenant, Tenant shall be entitled to an award of reasonable counsel fees and litigation expenses in the discretion of the Court.

Appears in 1 contract

Samples: Lease Agreement (Sungard Data Systems Inc)

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Payment of Tenant’s Legal Costs Under Special Circumstances. 51.1 If Tenant files an action (i) to compel Landlord’s consent to Structural Alterations under under—Section 9.2, or (ii) to recover reimbursement for emergency repairs to avoid a Shut-Down Condition under Section 13.1, or (iii) to compel Landlord’s consent to a sublease or assignment under Section 17.1, and if the Tenant is the prevailing party in any such action, and if the Court determines that Landlord’s bad faith necessitated the filing of such an action, then in addition to other relief awarded to Tenant, Tenant shall be entitled to an award of reasonable counsel fees and litigation expenses in the discretion of the Court.

Appears in 1 contract

Samples: Lease Agreement (SunGard Availability Inc.)

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