Expenses of Litigation. If any proceeding is brought by any Party or his or its successors or assigns for the enforcement of this Agreement, or as a result of any alleged dispute, breach, default or misrepresentation by any Party of any of the provisions of this Agreement, the successful or prevailing Party shall be entitled to recover its reasonable attorneys' fees and other costs incurred in pursuing such proceeding, in addition to such other relief to which it may be entitled, together with interest thereon at a rate of 10% per annum.
Expenses of Litigation. All sums reasonably incurred by ---------------------- Mortgagee for the expense of any litigation (including, without limitation, reasonable attorneys' fees and expenses) to prosecute or defend the rights and lien created by this Mortgage shall be paid by Mortgagor on demand, together with interest thereon at the Default Rate, and shall be deemed part of the indebtedness secured by this Mortgage.
Expenses of Litigation. In case of litigation arising out of or in connection with this License Agreement, the substantially prevailing Party shall be entitled to recover its reasonable attorneys' fees, costs and expenses from the other Party. In case of arbitration or Neutral Accountant proceedings, such fees, costs and expenses shall be recovered as set forth in Section 20.2 above.
Expenses of Litigation. In the event Buyer is involved in any litigation with respect to this Order, Buyer shall recover from Seller its costs and attorneys' fees incurred in enforcing or defending its rights hereunder.
Expenses of Litigation. If an action to foreclose this Mortgage or to collect any of the Liabilities is commenced or any other action or proceeding is commenced to which the Mortgagee is or becomes a party or in which the Mortgagee is defending or upholding the Lien of this Mortgage, or in which the Mortgagee is served in with any legal process, discovery notice or subpoena relating to this Mortgage, all reasonable sums paid by the Mortgagee for the expense of any such litigation or appearance or action in response to any such legal process, discovery notice or subpoena (including attorneys' fees and disbursements associated with legal costs) shall be paid by the Mortgagor within thirty (30) days after notice has been given by the Mortgagee to the Mortgagor, together with interest thereon on such amounts as have actually been paid by the Mortgagee to third parties at a rate of interest equal to the greater of the prime rate of the Mortgagee plus 2% per annum, and such amounts shall be a Lien on the Mortgaged Property prior to any other right or title to, interest in or claim upon the Mortgaged Property subordinate to the Lien of this Mortgage, and shall be secured by this Mortgage, and, in any action or proceeding to foreclose this Mortgage, or to recover or collect any of the Liabilities, the provisions of law respecting the recovery of costs, disbursements and allowances shall prevail unaffected by this covenant. However, if such action or proceeding is not one relating to the enforcement of the rights of any Holders or the Lien of this Mortgage, the Mortgagee shall promptly notify the Mortgagor of such action or proceeding and the Mortgagor may participate in the conduct of such action or proceeding at the Mortgagor's sole cost and expense.
Expenses of Litigation. In the event litigation in any way related to the services performed hereunder is initiated by one party to this Agreement against the other, the prevailing party shall be reimbursed by the other party its reasonable attorneys’ fees and costs.
Expenses of Litigation. If a Seller shall have made any indemnity payments pursuant to this Section and the Person to or on behalf of whom such payments are made thereafter shall collect any of such amounts from others, such Person shall promptly repay such amounts to such Seller.
Expenses of Litigation. Without limiting the foregoing, Owner shall pay all expenses incurred by Manager, including, but not limited to, costs of defense and reasonable attorneys’ fees, and any liability, fines, penalties or the like, in connection with (i) any claim subject to indemnity by Owner under Section 4.04 above and (ii) any claim, proceeding, or suit involving an alleged violation of any law, regulation or ordinance pertaining to fair employment, fair credit reporting, environmental protection, rent control, taxes, or fair housing, including, but not limited to, any law, regulation or ordinance prohibiting discrimination on the basis of race, sex, sexual orientation, creed, color, religion, national origin or mental or physical handicap; provided, however, that Owner shall not be responsible to Manager, and will be reimbursed by Manager for any such claims or expenses relating to such claim, proceeding or suit, in the event Manager is finally adjudged to have willfully, and not merely in a vicarious capacity, violated any such law, regulation or ordinance.
Expenses of Litigation. In any suit to foreclose the lien hereof, there shall be allowed and included as additional indebtedness in the decree for sale all expenditures and expenses which may be paid or incurred by or on behalf of Mortgagee for reasonable attorneys’ fees, appraisers’ fees, outlays for documentary and expert evidence, stenographers’ charges, publication costs, and costs (which may be estimated as to items to be expended after entry of the decree) of procuring all such abstracts of title, title searches and examinations, title insurance policies, and similar data and assurances with respect to the title as Mortgagee may deem reasonably necessary either to prosecute such suit or to evidence to bidders at any sale which may be had pursuant to such decree the true condition of the title to or the value of the Premises. All expenditures and expenses of the nature mentioned in this paragraph and such other expenses and fees as may be incurred in the enforcement of Mortgagor’s obligations hereunder, the protection of said Premises and the maintenance of the lien of this Mortgage, including the reasonable fees of any attorney employed by Mortgagee in any litigation or proceeding affecting this Mortgage, the Loan Agreement, the Note, or any of the other Loan Documents or the Premises, including probate and bankruptcy proceedings, or in preparation for the commencement or defense of any proceeding or threatened suit or proceeding shall be immediately due and payable by Mortgagor, with interest thereon until paid at the Default Rate and shall be secured by this Mortgage.
Expenses of Litigation. If either party incurs any expense, including reasonable attorneys’ fees, in connection with any action instituted by either party by reason of any dispute under this Lease or any Default or alleged Default of the other party, the party prevailing in such action shall be entitled to recover its reasonable attorneys’ fees and expenses from the other party, which shall include fees and expenses of any appeal, all as fixed by the court. Any such attorneys’ fees and other expenses incurred by either party in enforcing a judgment in its favor under this Lease shall be recoverable separately from and in addition to any other amount included in such judgment, and such attorneys’ fees obligation is intended to be severable from the other provisions of this Lease and to survive and not be merged into any such judgment. In addition, if Landlord utilizes the services of an attorney for the purpose of collecting any Rent due and unpaid by Tenant or in connection with any other breach of this Lease by Tenant, Tenant agrees to pay Landlord actual attorneys’ fees for such services, regardless of the fact that no legal action may be commenced or filed by Landlord.
