Recovery of Certain Fees. In the event a party hereto files any action or suit against another party hereto alleging any breach of any of the covenants, agreements or provisions contained in this Agreement, then in that event the prevailing party will be entitled to have and recover certain fees from the other party including all reasonable attorneys’ fees and costs resulting therefrom. For purposes of this Agreement, the term “attorneys’ fees” or “attorneys’ fees and costs” shall mean the fees and expenses of counsel to the parties hereto, which may include printing, photocopying, duplicating and other expenses, air freight charges, and fees billed for law clerks, paralegals and other persons not admitted to the bar but performing services under the supervision of an attorney, and the costs and fees incurred in connection with the enforcement or collection of any judgment obtained in any such proceeding. The provisions of this Section 18.2 shall survive the entry of any judgment, and shall not merge, or be deemed to have merged, into any judgment.
Appears in 17 contracts
Samples: Agreement of Sale and Purchase (Mack Cali Realty L P), Agreement of Sale and Purchase (Mack Cali Realty L P), Agreement of Sale and Purchase (Mack Cali Realty L P)
Recovery of Certain Fees. In the event a party hereto files any action or suit against another party hereto alleging by reason of any breach of any of the covenants, agreements or provisions contained in this Agreement, then in that event the prevailing party will be entitled to have and recover certain fees of and from the other party including all reasonable attorneys’ fees and costs resulting therefrom. For purposes of this Agreement, the term “attorneys’ fees” or “attorneys’ fees and costs” shall mean all court costs and the fees and expenses of counsel to the parties hereto, which may include printing, photocopyingphotostatting, duplicating and other expenses, air freight charges, and fees billed for law clerks, paralegals and other persons not admitted to the bar but performing services under the supervision of an attorney, and the costs and fees incurred in connection with the enforcement or collection of any judgment obtained in any such proceeding. The provisions of this Section 18.2 17.2 shall survive the entry of any judgment, and shall not merge, or be deemed to have merged, into any judgment.
Appears in 8 contracts
Samples: Agreement of Sale and Purchase (HGR Liquidating Trust), Agreement of Sale and Purchase (Hines Global REIT, Inc.), Agreement of Sale and Purchase (Hines Real Estate Investment Trust Inc)
Recovery of Certain Fees. In the event a party hereto files any action or suit against another party hereto alleging by reason of any breach of any of the covenants, agreements or provisions contained in this Agreement, then in that event the prevailing party will be entitled to have and recover certain fees from the other party including all reasonable attorneys’ fees and costs resulting therefrom. For purposes of this Agreement, the term “attorneys’ fees” or “attorneys’ fees and costs” shall mean the fees and expenses of counsel to the parties hereto, which may include printing, photocopying, duplicating and other expenses, air freight charges, and fees billed for law clerks, paralegals and other persons not admitted to the bar but performing services under the supervision of an attorney, and the costs and fees incurred in connection with the enforcement or collection of any judgment obtained in any such proceeding. The provisions of this Section 18.2 shall survive the entry of any judgment, and shall not merge, or be deemed to have merged, into any judgment.
Appears in 4 contracts
Samples: Op Unit Redemption Agreement (Mack Cali Realty L P), Agreement of Sale and Purchase (Mack Cali Realty L P), Agreement of Sale and Purchase (Mack Cali Realty L P)
Recovery of Certain Fees. In the event a party hereto files any action or suit against another party hereto alleging by reason of any breach of any of the covenants, agreements or provisions contained in this Agreement, then in that event the prevailing party will be entitled to have and recover certain fees from the other party including all reasonable attorneys’ ' fees and costs resulting therefrom. For purposes of this Agreement, the term “"attorneys’ ' fees” " or “"attorneys’ ' fees and costs” " shall mean the fees and expenses of counsel to the parties hereto, which may include printing, photocopying, duplicating and other expenses, air freight charges, and fees billed for law clerks, paralegals and other persons not admitted to the bar but performing services under the supervision of an attorney, and the costs and fees incurred in connection with the enforcement or collection of any judgment obtained in any such proceeding. The provisions of this Section 18.2 18.4 shall survive the entry of any judgment, and shall not merge, or be deemed to have merged, into any judgment.
Appears in 3 contracts
Samples: Sale Agreement (Mack Cali Realty L P), Sale Agreement (Mack Cali Realty L P), Agreement of Sale and Purchase (Mack Cali Realty L P)
Recovery of Certain Fees. In the event a party hereto files any action or suit against another party hereto alleging by reason of any breach of any of the covenants, agreements or provisions contained in this Agreement, then in that event the prevailing party will be entitled to have and recover certain fees from the other party including all reasonable attorneys’ fees and costs resulting therefrom. For purposes of this Agreement, the term “attorneys’ fees” or “attorneys’ fees and costs” shall mean the fees and expenses of counsel to the parties hereto, which may include printing, photocopying, duplicating and other expenses, air freight charges, and fees billed for law clerks, paralegals and other persons not admitted to the bar but performing services under the supervision of an attorney, and the costs and fees incurred in connection with the enforcement or collection of any judgment obtained in any such proceeding. The provisions of this Section 18.2 19.3 shall survive the entry of any judgment, and shall not merge, or be deemed to have merged, into any judgment.
Appears in 3 contracts
Samples: Contribution Agreement (Alexanders Inc), Agreement of Sale and Purchase (Macerich Co), Contribution Agreement (Macerich Co)
Recovery of Certain Fees. In the event a party hereto files any action or suit against another party hereto alleging by reason of any breach of any of the covenants, agreements or provisions contained in this Agreement, then in that event the prevailing party will be entitled to have and recover certain fees from the other party including all reasonable attorneys’ ' fees and costs resulting therefrom. For purposes of this Agreement, the term “"attorneys’ ' fees” " or “"attorneys’ ' fees and costs” " shall mean the fees and expenses of counsel to the parties hereto, which may include printing, photocopying, duplicating and other expenses, air freight charges, and fees billed for law clerks, paralegals and other persons not admitted to the bar but performing services under the supervision of an attorney, and the costs and fees incurred in connection with the enforcement or collection of any judgment obtained in any such proceeding. The provisions of this Section 18.2 18.3 shall survive the entry of any judgment, and shall not merge, or be deemed to have merged, into any judgment.
Appears in 2 contracts
Samples: Agreement of Sale and Purchase (Mack Cali Realty L P), Agreement of Sale and Purchase (Mack Cali Realty Corp)
Recovery of Certain Fees. In the event a party hereto files any action or suit against another party hereto alleging by reason of any breach of any of the covenants, agreements or provisions contained in this Agreement, then in that event the prevailing party will be entitled to have and recover certain fees from the other party including all reasonable attorneys’ fees and costs resulting therefrom. For purposes of this Agreement, the term “attorneys’ fees” or “attorneys’ fees and costs” shall mean the fees and expenses of counsel to the parties hereto, which may include printing, photocopying, duplicating and other expenses, air freight charges, and fees billed for law clerks, paralegals and other persons not admitted to the bar but performing services under the supervision of an attorney, and the costs and fees incurred in connection with the enforcement or collection of any judgment obtained in any such proceeding. The provisions of this Section 18.2 17.3 shall survive the entry of any judgment, and shall not merge, or be deemed to have merged, into any judgment.
Appears in 2 contracts
Samples: Agreement of Sale and Purchase (Mack Cali Realty Corp), Agreement of Sale and Purchase (Mack Cali Realty L P)
Recovery of Certain Fees. In the event a party hereto files any action or suit against another party hereto alleging by reason of any breach of any of the covenants, agreements or provisions contained in this Agreement, then in that event the prevailing party will be entitled to have and recover certain fees from the other party including all reasonable attorneys’ fees attorneys’fees and costs resulting therefrom. For purposes of this Agreement, the term “attorneys’ fees” or “attorneys’ fees and costs” shall mean the fees and expenses of counsel to the parties hereto, which may include printing, photocopying, duplicating and other expenses, air freight charges, and fees billed for law clerks, paralegals and other persons not admitted to the bar but performing services under the supervision of an attorney, and the costs and fees incurred in connection with the enforcement or collection of any judgment obtained in any such proceeding. The provisions of this Section 18.2 18.3 shall survive the entry of any judgment, and shall not merge, or be deemed to have merged, into any judgment.
Appears in 2 contracts
Samples: Agreement of Sale and Purchase (Mack Cali Realty L P), Agreement of Sale and Purchase (Mack Cali Realty Corp)
Recovery of Certain Fees. In the event a party hereto files any action or suit against another party hereto alleging by reason of any breach of any of the covenants, agreements or provisions contained in this Agreement, then in that event the prevailing party will be entitled to have and recover certain fees of and from the other party including all reasonable attorneys’ fees and costs resulting therefrom. therefrom For purposes of this Agreement, the term “attorneys’ fees” or “attorneys’ fees and costs” shall mean all court costs and the fees and expenses of counsel to the parties hereto, which may include printing, photocopyingphotostatting, duplicating and other expenses, air freight charges, and fees billed for law clerks, paralegals and other persons not admitted to the bar but performing services under the supervision of an attorney, and the costs and fees incurred in connection with the enforcement or collection of any judgment obtained in any such proceeding. The provisions of this Section 18.2 17.2 shall survive the entry of any judgment, and shall not merge, or be deemed to have merged, into any judgment.
Appears in 2 contracts
Samples: Agreement of Sale and Purchase (Hines Real Estate Investment Trust Inc), Sale and Purchase Agreement (Preferred Apartment Communities Inc)
Recovery of Certain Fees. In the event a party hereto files any action or suit against another party hereto alleging by reason of any breach of any of the covenants, agreements or provisions contained in this Agreement, then in that event the prevailing party will be entitled to have and recover certain fees from the other party including all reasonable attorneys’ ' fees and costs resulting therefrom. For purposes of this Agreement, the term “"attorneys’ ' fees” " or “"attorneys’ ' fees and costs” " shall mean the fees and expenses of counsel to the parties hereto, which may include printing, photocopyingphotostating, duplicating and other expenses, air freight charges, and fees billed for law clerks, paralegals and other persons not admitted to the bar but performing services under the supervision of an attorney, and the costs and fees incurred in connection with the enforcement or collection of any judgment obtained in any such proceeding. The provisions of this Section 18.2 14.2 shall survive the entry of any judgment, and shall not merge, or be deemed to have merged, into any judgment.
Appears in 2 contracts
Samples: Purchase and Sale Agreement (Mack Cali Realty L P), Agreement of Sale and Acquisition of Beneficial and Equitable Ownership Interests in Real Property (Mack Cali Realty Corp)
Recovery of Certain Fees. In the event a party hereto files any action or suit against another party hereto alleging any breach relating to or arising out of any of the covenants, agreements or provisions contained in this Agreement, the transaction described herein, or the enforcement hereof, then in that event the prevailing party will be entitled to have and recover certain fees of and from the other party including all reasonable attorneys’ fees and costs resulting therefrom. For purposes of this Agreement, the term “attorneys’ fees” or “attorneys’ fees and costs” shall mean the fees and expenses of counsel to the parties hereto, which may include printing, photocopyingphotostating, duplicating and other expenses, air freight charges, and fees billed for law clerks, paralegals and other persons not admitted to the bar but performing services under the supervision of an attorney, and the costs and fees incurred in connection with the enforcement or collection of any judgment obtained in any such proceeding. The provisions of this Section 18.2 17.2 shall survive the entry of any judgment, and shall not merge, or be deemed to have merged, into any judgment. This Section 17.2 shall survive the Closing or any termination.
Appears in 1 contract
Recovery of Certain Fees. In the event a party hereto files any action or suit against another party hereto alleging by reason of any breach of any of the covenants, agreements or provisions contained in this Agreement, then in that event the prevailing party will be entitled to have and recover certain fees from the other party including all reasonable attorneys’ ' fees and costs resulting therefrom. For purposes of this Agreement, the term “"attorneys’ ' fees” " or “"attorneys’ ' fees and costs” " shall mean the fees and expenses of counsel to the parties hereto, which may include printing, photocopyingphotostatting, duplicating and other expenses, air freight charges, and fees billed for law clerks, paralegals and other persons not admitted to the bar but performing services under the supervision of an attorney, and the costs and fees incurred in connection with the enforcement or collection of any judgment obtained in any such proceeding. The provisions of this Section 18.2 shall survive the entry of any judgment, and shall not merge, or be deemed to have merged, into any judgment.
Appears in 1 contract
Samples: Agreement of Sale and Purchase (Mack Cali Realty Corp)
Recovery of Certain Fees. In the event a party hereto files any action or suit against another party hereto alleging by reason of any breach of any of the covenants, agreements or provisions contained in this Agreement, then in that event the prevailing party will be entitled to have and recover certain fees of and from the other party including all reasonable attorneys’ fees and costs resulting therefrom. For purposes of this Agreement, the term “attorneys’ fees” or “attorneys’ fees and costs” shall mean all court costs and the fees and expenses of counsel to the parties hereto, which may include printing, photocopyingphotostatting, duplicating and other expenses, air freight charges, and fees billed for law clerks, paralegals and other persons not admitted to the bar but performing services under the supervision of an attorney, and the costs and fees incurred in connection with the enforcement or collection of any judgment obtained in any such proceeding. The provisions of this Section 18.2 17 shall survive the entry of any judgment, and shall not merge, or be deemed to have merged, into any judgment.
Appears in 1 contract
Recovery of Certain Fees. In the event a party hereto files any action or suit lawsuit against another party hereto alleging by reason of any breach of any of the covenants, agreements or provisions contained in this Agreement, then in that event the substantially prevailing party will be entitled to have and recover certain fees from the other party including all reasonable attorneys’ fees and costs resulting therefrom. For purposes of this Agreement, the term “attorneys’ fees” or “attorneys’ fees and costs” shall mean the fees and expenses of counsel to the parties hereto, which may include printing, photocopying, duplicating and other expenses, air freight charges, and fees billed for law clerks, paralegals and other persons not admitted to the bar but performing services under the supervision of an attorney, and the costs and fees incurred in connection with the enforcement or collection of any judgment obtained in any such proceeding. The provisions of this Section 18.2 shall survive the entry of any judgment, and shall not merge, or be deemed to have merged, into any judgment.
Appears in 1 contract
Recovery of Certain Fees. In the event a party hereto files any action or suit against another party hereto alleging by reason of any breach of any of the covenants, agreements or provisions contained in this Agreement, then in that event the prevailing party will be entitled to have and recover certain fees from the other party including all reasonable attorneys’ fees and costs resulting therefrom. For purposes of this Agreement, the term “attorneys’ fees” or “attorneys’ fees and costs” shall mean the fees and expenses of counsel to the parties hereto, which may include printing, photocopyingphotoscopying, duplicating and other expenses, air freight charges, and fees billed for law clerks, paralegals and other persons not admitted to the bar but performing services under the supervision of an attorney, and the costs and fees incurred in connection with the enforcement or collection of any judgment obtained in any such proceeding. The provisions of this Section 18.2 shall survive the entry of any judgment, and shall not merge, or be deemed to have merged, into any judgment.
Appears in 1 contract
Samples: Purchase and Sale Agreement (Wells Real Estate Investment Trust Inc)
Recovery of Certain Fees. In the event a party hereto files any action or suit against another party hereto alleging by reason of any breach of any of the covenants, agreements or provisions contained in this Agreement, then in that event the prevailing party will be entitled to have and recover certain fees from the other party including all reasonable attorneys’ fees and costs resulting therefrom. For purposes of this Agreement, the term “"attorneys’ fees” " or “"attorneys’ fees and costs” " shall mean the reasonable and actual fees and expenses of counsel to the parties hereto, which may include printing, photocopying, duplicating and other expenses, air freight charges, and fees billed for law clerks, paralegals and other persons not admitted to the bar but performing services under the supervision of an attorney, and the costs and fees incurred in connection with the enforcement or collection of any judgment obtained in any such proceeding. The provisions of this Section 18.2 shall survive the entry of any judgment, and shall not merge, or be deemed to have merged, into any judgment.
Appears in 1 contract
Samples: Agreement of Sale and Purchase (Griffin Capital Essential Asset REIT II, Inc.)
Recovery of Certain Fees. In the event a party hereto files any action or suit against another party hereto alleging by reason of any breach of any of the covenants, agreements or provisions contained c -51- ontained in this Agreement, then in that event the prevailing party will be entitled to have and recover certain fees of and from the other party including all reasonable attorneys’ fees and costs resulting therefrom. For purposes of this Agreement, the term “attorneys’ fees” or “attorneys’ fees and costs” shall mean all court costs and the fees and expenses of counsel to the parties hereto, which may include printing, photocopyingphotostatting, duplicating and other expenses, air freight charges, and fees billed for law clerks, paralegals and other persons not admitted to the bar but performing services under the supervision of an attorney, and the costs and fees incurred in connection with the enforcement or collection of any judgment obtained in any such proceeding. The provisions of this Section 18.2 17.2 shall survive the entry of any judgment, and shall not merge, or be deemed to have merged, into any judgment.
Appears in 1 contract
Samples: Agreement of Sale and Purchase (Preferred Apartment Communities Inc)
Recovery of Certain Fees. In the event a party hereto files any action or suit against another party hereto alleging by reason of any breach of any of the covenants, agreements or provisions contained in this Agreement, then in that event the prevailing party will be entitled to have and recover certain fees of and from the other party including all reasonable attorneys’ ' fees and costs resulting therefrom. For purposes of this Agreement, the term “"attorneys’ ' fees” " or “"attorneys’ ' fees and costs” " shall mean the reasonable fees and expenses of counsel to the parties hereto, which may include printing, photocopyingphotostating, duplicating and other expenses, air freight charges, and fees billed for law clerks, paralegals and other persons not admitted to the bar but performing services under the supervision of an attorney, and the costs and fees incurred in connection with the enforcement or collection of any judgment obtained in any such proceeding. The provisions of this Section 18.2 17.2 shall survive the entry of any judgment, and shall not merge, or be deemed to have merged, into any judgment.
Appears in 1 contract
Samples: Agreement of Sale and Purchase (Imclone Systems Inc/De)
Recovery of Certain Fees. In the event a party hereto files any action or suit against another party hereto alleging by reason of any breach of any of the covenants, agreements or provisions contained in this Agreement, then in that event the prevailing party will be entitled to have and recover certain fees from the other party including all reasonable attorneys’ fees and costs resulting therefrom. For purposes of this Agreement, the term “"attorneys’ fees” " or “"attorneys’ fees and costs” " shall mean the fees and expenses of counsel to the parties hereto, which may include printing, photocopying, duplicating and other expenses, air freight charges, and fees billed for law clerks, paralegals and other persons not admitted to the bar but performing services under the supervision of an attorney, and the costs and fees incurred in connection with the enforcement or collection of any judgment obtained in any such proceeding. The provisions of this Section 18.2 17.2 shall survive the entry of any judgment, and shall not merge, or be deemed to have merged, into any judgment.
Appears in 1 contract
Samples: Sale Agreement (Etre Reit, LLC)
Recovery of Certain Fees. In the event a party hereto files any action or suit against another party hereto alleging by reason of any breach of any of the covenants, agreements or provisions contained in this Agreement, then in that event the prevailing party will be entitled to have and recover certain fees from the other party including all reasonable attorneys’ ' fees and costs resulting therefrom. For purposes of this Agreement, the term “"attorneys’ ' fees” " or “"attorneys’ ' fees and costs” " shall mean the fees and expenses of counsel to the parties hereto, which may include printing, photocopyingphotoscopying, duplicating and other expenses, air freight charges, and fees billed for law clerks, paralegals and other persons not admitted to the bar but performing services under the supervision of an attorney, and the costs and fees incurred in connection with the enforcement or collection of any judgment obtained in any such proceeding. The provisions of this Section 18.2 shall survive the entry of any judgment, and shall not merge, or be deemed to have merged, into any judgment.
Appears in 1 contract
Samples: Agreement of Sale and Purchase (Mack Cali Realty L P)
Recovery of Certain Fees. In the event a party hereto files any action or suit against another party hereto alleging any breach relating to or arising out of any of the covenants, agreements or provisions contained in this Agreement, the transaction described herein, or the enforcement hereof, then in that event the prevailing party will be entitled to have and recover certain fees of and from the other party including all reasonable attorneys’ fees and costs resulting therefrom. For purposes of this Agreement, the term “attorneys’ fees” or “attorneys’ fees and costs” shall mean the fees and expenses of counsel to the parties hereto, which may include printing, photocopyingphotostating, duplicating and other expenses, air freight charges, and fees billed for law clerks, paralegals and other persons not admitted to the bar but performing services under the supervision of an attorney, and the costs and fees incurred in connection with the enforcement or collection of any judgment obtained in any such proceeding. The provisions of this Section 18.2 17.2 shall survive the entry of any judgment, and shall not merge, or be deemed to have merged, into any judgment.
Appears in 1 contract