Waiver of Jury Trial; Attorney Fees. If any party commences litigation against any other party for the specific performance of this Agreement, for damages for the breach hereof or otherwise for enforcement of any remedy hereunder, the parties waive any right to a trial by jury and, in the event of any commencement of litigation, the prevailing party shall be entitled to recover from the applicable party such costs and reasonable attorney fees as may have been incurred.
Appears in 4 contracts
Samples: Sublease Agreement (Mp3 Com Inc), Sublease Agreement (Mp3 Com Inc), Consent to Sublease Agreement (Hi/Fn Inc)
Waiver of Jury Trial; Attorney Fees. If any party commences litigation against any other party for the specific performance of this Agreement, for damages for the breach hereof or otherwise for enforcement of any remedy hereunder, the parties waive any right to a trial by jury and, in the event of any commencement of litigation, the prevailing party shall be entitled to recover from the applicable party such costs and reasonable attorney attorneys' fees and costs as may have been incurred.
Appears in 1 contract
Samples: Consent to Sublease Agreement (Cholestech Corporation)