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

AutoNDA by SimpleDocs

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: Agreement of Purchase and Sale (RREEF Property Trust, Inc.), Agreement of Purchase and Sale (RREEF Property Trust, Inc.), Agreement of Purchase and Sale (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: Agreement of Purchase and Sale (M/a-Com Technology Solutions Holdings, Inc.), Agreement of Purchase and Sale (Industrial Income Trust Inc.), Agreement of Purchase and Sale (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: Agreement of Purchase and Sale, Agreement of Purchase and Sale (Global Partners Lp)

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

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, 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)

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 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, 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), 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, 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: Agreement of Purchase and Sale (Cedar Shopping Centers 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)

AutoNDA by SimpleDocs

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, (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: Agreement of Purchase and Sale (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), 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, (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, 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: Agreement of Purchase and Sale (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, 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: Esac Receivable Sale Agreement (Boston Properties Inc)

Time is Money Join Law Insider Premium to draft better contracts faster.