Common use of Prevailing Party Clause in Contracts

Prevailing Party. Should either party employ an attorney to enforce any of the provisions hereof, (whether before or after Closing, and including any claims or actions involving amounts held in escrow), the non-prevailing party in any final judgment agrees to pay the other party’s reasonable expenses, including reasonable attorneys’ fees and expenses in or out of litigation and, if in litigation, trial, appellate, bankruptcy or other proceedings, expended or incurred in connection therewith, as determined by a court of competent jurisdiction. The provisions of this Section 16.16 shall survive Closing and/or any termination of this Agreement.

Appears in 6 contracts

Samples: Purchase and Sale Agreement, Purchase and Sale Agreement (Blackstone Real Estate Income Trust, Inc.), Purchase and Sale Agreement (Strategic Storage Growth Trust, Inc.)

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Prevailing Party. Should either party employ an attorney to enforce any of the provisions hereof, (whether before or after Closing, and including any claims or actions involving amounts held in escrow), the non-prevailing party in any final judgment agrees to pay the other party’s 's reasonable expenses, including reasonable attorneys' fees and expenses in or out of litigation and, if in litigation, trial, appellate, bankruptcy or other proceedings, expended or incurred in connection therewith, as determined by a court of competent jurisdiction. The provisions of this Section 16.16 shall survive Closing and/or any termination of this Agreement.

Appears in 5 contracts

Samples: Purchase and Sale Agreement (RREEF Property Trust, Inc.), Purchase and Sale Agreement (RREEF Property Trust, Inc.), Purchase and Sale Agreement (Brandywine Realty Trust)

Prevailing Party. Should either party employ an attorney to enforce any of the provisions hereof, hereof (whether before or after Closing, and including any claims or actions involving amounts held in escrow), the non-prevailing party in any final judgment agrees to pay the other party’s reasonable expenses, including reasonable attorneys’ fees and expenses in or out of litigation and, if in litigation, trial, appellate, bankruptcy or other proceedings, expended or incurred in connection therewith, as determined by a court of competent jurisdiction. The provisions of this Section 16.16 shall survive Closing and/or any termination of this Agreement.

Appears in 3 contracts

Samples: Purchase and Sale Agreement (M/a-Com Technology Solutions Holdings, Inc.), Purchase and Sale Agreement (Industrial Income Trust Inc.), Purchase and Sale Agreement (Industrial Income Trust Inc.)

Prevailing Party. Should either party employ an attorney to enforce any of the provisions hereof, (whether before or after Closing, and including any claims or actions involving amounts held in escrow), the non-prevailing party in any final judgment agrees to pay the other party’s reasonable expenses, including reasonable attorneys’ fees and expenses in or out of litigation and, if in litigation, trial, appellate, bankruptcy or other proceedings, expended or incurred in connection therewith, as determined by a court of competent jurisdiction. The provisions of this Section 16.16 14.16 shall survive Closing and/or any termination of this Agreement.

Appears in 2 contracts

Samples: Purchase and Sale Agreement, Purchase and Sale Agreement (Global Partners Lp)

Prevailing Party. Should either party employ an attorney to enforce any of the provisions hereof, hereof (whether before or after Closing, and including any claims or actions involving amounts held in escrowescrow and any claims for a breach of representation), the non-prevailing nonprevailing party in any final judgment agrees to pay the other party’s reasonable expenses, including reasonable attorneys’ fees and expenses in or out of litigation and, if in litigation, trial, appellate, bankruptcy or other proceedings, such fees and expenses expended or incurred in connection therewith, as determined by a court of competent jurisdiction. The provisions of this Section 16.16 17.15 shall survive Closing and/or any termination of this Agreement.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Dime Community Bancshares Inc)

Prevailing Party. Should either party employ an attorney to enforce any of the provisions hereof, (whether before or after Closing, and including any claims ) or actions involving amounts held in escrow)to recover damages for the breach of this Agreement, the non-prevailing party in any final judgment agrees to pay the other party’s reasonable expenses, including reasonable attorneys’ fees and expenses in or out of litigation and, if in litigation, trial, appellate, bankruptcy or other proceedings, expended or incurred in connection therewith, as determined by a court of competent jurisdiction. The provisions of this Section 16.16 16.15 shall survive Closing and/or any or the termination of this Agreement.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Wells Real Estate Fund Xiv Lp)

Prevailing Party. Should either party employ an attorney to enforce any of the provisions hereof, hereof (whether before or after Closing, and including any claims or actions involving amounts held in escrow), the non-prevailing nonprevailing party in any final judgment agrees to pay the other party’s reasonable expenses, including reasonable attorneys’ fees and expenses in or out of litigation and, if in litigation, trial, appellate, bankruptcy or other proceedings, expended or incurred in connection therewith, as determined by a court of competent jurisdiction. The provisions of this Section 16.16 15.15 shall survive Closing and/or any termination of this Agreement.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Parkway Properties Inc)

Prevailing Party. Should either party employ an attorney to enforce any of the provisions hereof, (whether before or after Closing, and including any claims or actions involving amounts held in escrow), the non-prevailing party in any final judgment agrees to pay the other party’s reasonable expenses, including reasonable attorneys’ fees and expenses in or out of litigation and, if in litigation, trial, appellate, bankruptcy or other proceedings, expended or incurred in connection therewith, as determined by a court of competent jurisdiction. The provisions of this Section 16.16 17.16 shall survive Closing and/or any termination of this Agreement.

Appears in 1 contract

Samples: Sale Agreement (Centerpoint Properties Trust)

Prevailing Party. Should either party employ an attorney to enforce any of the provisions hereof, hereof (whether before or after Closing, and including any claims or actions involving amounts held in escrow), the non-prevailing nonprevailing party in any final judgment agrees to pay the other party’s reasonable expenses, including reasonable attorneys’ fees and expenses in or out of litigation and, if in litigation, trial, appellate, bankruptcy or other proceedings, expended or incurred in connection therewith, as determined by a court of competent jurisdiction. The provisions of this Section 16.16 15.15 shall survive Closing and/or or any termination of this Agreement.

Appears in 1 contract

Samples: Purchase and Sale of Membership Interests Agreement (Parkway Properties Inc)

Prevailing Party. Should either party employ an attorney to enforce any of the provisions hereof, hereof (whether before or after Closing, and including any claims or actions involving amounts held in escrow), the non-prevailing party in any final judgment agrees to pay the other party’s reasonable expenses, including reasonable attorneys’ fees and expenses in or out of litigation and, if in litigation, trial, appellate, bankruptcy or other proceedings, expended or incurred in connection therewith, as determined by a court of competent jurisdiction. The provisions of this Section 16.16 18.13 shall survive Closing and/or any termination of this Agreement.

Appears in 1 contract

Samples: Contribution Agreement (Education Realty Trust, Inc.)

Prevailing Party. Should either party employ an attorney to enforce any of the provisions hereof, (whether before or after Closing, and including any claims or actions involving amounts held in escrow), the non-prevailing party in any final judgment agrees to pay the other party’s reasonable expenses, including charges payable to the Escrow Agent and reasonable attorneys’ fees and expenses in or out of litigation and, if in litigation, trial, appellate, bankruptcy or other proceedings, expended or incurred in connection therewith, as determined by a court of competent jurisdiction. The provisions of this Section 16.16 shall survive Closing and/or any termination of this Agreement.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Cubist Pharmaceuticals Inc)

Prevailing Party. Should either party employ an attorney to enforce any of the provisions hereof, hereof (whether before or after Closing, and including any claims or actions involving amounts held in escrow, if any), the non-prevailing nonprevailing party in any final judgment agrees to pay the other party’s reasonable expenses, including reasonable attorneys’ fees and expenses in or out of litigation and, if in litigation, trial, appellate, bankruptcy or other proceedings, expended or incurred in connection therewith, as determined by a court of competent jurisdiction. The provisions of this Section 16.16 16.15 shall survive Closing and/or any termination of this Agreement.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Boston Properties Inc)

Prevailing Party. Should either party employ an attorney to enforce any of the provisions hereof, hereof (whether before or after Closing, and including any claims or actions involving amounts held in escrow, if any), the non-prevailing party in any final judgment agrees to pay the other party’s reasonable expenses, including reasonable attorneys’ fees and expenses in or out of litigation and, if in litigation, trial, appellate, bankruptcy or other proceedings, expended or incurred in connection therewith, as determined by a court of competent jurisdiction. The provisions of this Section 16.16 16.15 shall survive Closing and/or any termination of this Agreement.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Boston Properties LTD Partnership)

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Prevailing Party. Should either party employ an attorney to enforce any of the provisions hereof, (whether before or after Closing, and including any claims or actions involving amounts held in escrow), the non-prevailing party in any final judgment agrees to pay the other party’s reasonable expenses, including reasonable attorneys’ fees and expenses in or out of litigation and, if in litigation, trial, appellate, bankruptcy or other proceedings, expended or incurred in connection therewith, as determined by a court of competent jurisdiction. The provisions of this Section 16.16 22.16 shall survive Closing and/or any termination of this Agreement.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Centerpoint Properties Trust)

Prevailing Party. Should either party employ an attorney to enforce any of the provisions hereof, (whether before or after Closing, and including any claims or actions involving amounts held in escrow), the non-prevailing party in any final judgment agrees to pay the other party’s reasonable expenses, including reasonable attorneys’ fees and expenses costs in or out of litigation and, if in litigation, trial, appellate, bankruptcy or other proceedings, expended or incurred in connection therewith, as determined by a court of competent jurisdiction. The provisions of this Section 16.16 18.15 shall survive Closing and/or any or the termination of this Agreement.

Appears in 1 contract

Samples: Purchase and Sale Agreement

Prevailing Party. Should either party employ an attorney to enforce any of the provisions hereof, (whether before or after Closing, and including any claims or actions involving amounts held in escrow), the non-prevailing nonprevailing party in any final judgment agrees to pay the other party’s reasonable expenses, including 's reasonable attorneys' fees and expenses in or out of litigation and, if in litigation, trial, appellate, bankruptcy or other proceedings, expended or incurred in connection therewith, as determined by a court of competent jurisdiction. The provisions of this Section 16.16 16.14 shall survive Closing and/or any termination of this Agreement.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Cali Realty Corp /New/)

Prevailing Party. Should either party employ an attorney to enforce any of the provisions hereof, hereof (whether before or after Closing, and including any claims or actions involving amounts held in escrowescrow and any claims for a breach of representation), the non-prevailing nonprevailing party in any final judgment agrees to pay the other party’s reasonable expenses, including 's reasonable attorneys' fees and expenses in or out of litigation and, if in litigation, trial, appellate, bankruptcy or other proceedings, such fees and expenses expended or incurred in connection therewith, as determined by a court of competent jurisdiction. The provisions of this Section 16.16 17.15 shall survive Closing and/or any termination of this Agreement.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Dime Community Bancshares Inc)

Prevailing Party. Should either party employ an attorney to enforce any of the provisions hereof, hereof (whether before or after Closing, and including any claims or actions involving amounts held in escrow, if any), the non-prevailing nonprevailing party in any final judgment agrees to pay the other party’s reasonable expenses, including reasonable attorneys’ fees and expenses in or out of litigation and, if in litigation, trial, appellate, bankruptcy or other proceedings, expended or incurred in connection therewith, as determined by a court of competent jurisdiction. The provisions of this Section 16.16 15.15 shall survive Closing and/or any termination of this Agreement.

Appears in 1 contract

Samples: Receivable Sale Agreement (Boston Properties Inc)

Prevailing Party. Should either party employ an attorney to enforce any of the provisions hereof, (whether before or after Closing, and including any claims or actions involving amounts held in escrow), the non-prevailing party in any final judgment agrees to shall pay the other party’s reasonable expenses, including reasonable attorneys’ fees and expenses in or out of litigation and, if in litigation, trial, appellate, bankruptcy or other proceedings, expended or incurred in connection therewith, as determined by a court of competent jurisdiction. The provisions of this Section 16.16 30 shall survive Closing and/or or any earlier termination of this Agreement.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Inland Real Estate Income Trust, Inc.)

Prevailing Party. Should either party employ an attorney to enforce any of the provisions hereof, hereof (whether before or after Closing, and including any claims or actions involving amounts held in escrow), the non-prevailing party in any final judgment agrees to pay the other party’s 's reasonable expenses, including reasonable attorneys' fees and expenses in or out of litigation and, if in litigation, trial, appellate, bankruptcy or other proceedings, expended or incurred in connection therewith, as determined by a court of competent jurisdiction. The provisions of this Section 16.16 shall survive Closing and/or any termination of this Agreement.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Cedar Shopping Centers Inc)

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