Common use of ARBITRATION, ETC Clause in Contracts

ARBITRATION, ETC. Section 33.01. Any dispute with respect to (i) the reasonability of any failure or refusal of Landlord to grant its consent or approval to any request for such consent or approval pursuant to the provisions of Sections 4.01 or 12.03 with respect to which request Landlord has agreed, in such Sections, not unreasonably to withhold such consent or approval, or (ii) arising out of the application of the provisions of Articles 23 or 35, which is submitted to arbitration shall be finally determined by arbitration in the City of Boston in accordance with the Commercial Arbitration Rules of the American Arbitration Association or its successor. Any such determination shall be final and binding upon the parties, whether or not a judgment shall be entered in any court. In making their determination, the arbitrators shall not subtract from, add to, or otherwise modify any of the provisions of this Lease. Landlord and Tenant may, at their own expense, be represented by counsel and employ expert witnesses in any such arbitration. Any dispute with respect to the reasonability of any failure or refusal of Landlord to grant its consent or approval to any request for such consent or approval pursuant to any of the provisions of this Lease (other than Sections 4.01 and 12.03) with respect to which Landlord has covenanted not unreasonably to withhold such consent or approval, shall be determined by applicable legal proceedings. If the determination of any such legal proceedings, or of any arbitration held pursuant to the provisions of this Section with respect to disputes arising under Sections 4.01 and 12.03, shall be adverse to Landlord, Landlord shall be deemed to have granted the requested consent or approval, but that shall be Tenant's sole remedy in such event and Landlord shall not be liable to Tenant for a breach of Landlord's covenant not unreasonably to withhold such consent or approval, or otherwise.

ARBITRATION, ETC. Section 33.0136 01. Any dispute (i) with respect to (i) the reasonability of any failure or refusal of Landlord Owner or Tenant to grant its consent or approval to any request for such consent or approval pursuant to the provisions of Sections 4.01 or 12.03 with respect to which request Landlord Owner or Tenant has agreed, in such Sections, agreed not unreasonably to withhold such consent or approval, or (ii) arising out with respect to any provisions of the application of this Lease that specify that a dispute is to be resolved in accordance with the provisions of Articles 23 or 35, which is submitted to arbitration Article 36 shall be finally determined by arbitration in the City of Boston New York in accordance with the Commercial Arbitration Rules rules and regulations then obtaining of the American Arbitration Association or its successor. Any such determination shall be final and binding upon the parties, whether or not a judgment shall be entered in any court. In making their determination, the arbitrators shall not subtract from, add to, or otherwise modify any of the provisions of this Lease. Landlord Owner and Tenant may, at their own expense, be represented by counsel and employ expert witnesses in any such arbitration. Any dispute with respect to the reasonability of any failure or refusal of Landlord to grant its consent or approval to any request for such consent or approval pursuant to any of the provisions of this Lease (other than Sections 4.01 and 12.03) with respect to which Landlord has covenanted not unreasonably to withhold such consent or approval, shall be determined by applicable legal proceedings. If the determination of any such legal proceedings, or of any dispute by arbitration held pursuant to the provisions of this Section with respect to disputes arising under Sections 4.01 and 12.03any provision of this Lease whereby such dispute shall be determined by arbitration, shall be adverse to LandlordOwner or Tenant, Landlord Owner or Tenant shall be deemed to have granted the requested consent or approvalapproval in dispute and/or be bound by the results of any such arbitration, but that shall be Tenantthe prevailing party's sole remedy in such event and Landlord the other party shall not be liable to Tenant the prevailing party for a breach of Landlordthe other party's covenant not unreasonably to withhold such consent or approval, or otherwise. Each party shall pay its own counsel and expert witness fees and expenses, if any, in connection with party arbitration held pursuant to the provisions of this Section and the parties will share all other expenses and fees of any such arbitration.

ARBITRATION, ETC. Section 33.01SECTION 36.01. Any dispute (i) with respect to (i) the reasonability of any failure or refusal of Landlord Owner to grant its consent or approval to any request for such consent or approval pursuant to the provisions of Sections 4.01 or 12.03 Section 3.01 with respect to which request Landlord Owner has agreed, in such SectionsSection, not unreasonably to withhold such consent or approval, or (ii) arising out of the application of the Operating Expenses provisions of Articles 23 or 35Article 23, which is submitted to arbitration shall be finally determined by arbitration in the City of Boston New York in accordance with the Commercial Arbitration Rules rules and regulations then obtaining of the American Arbitration Association or its successor. Any such determination shall be final and binding upon the parties, whether or not a judgment shall be entered in any court. In making their determination, the arbitrators shall not subtract from, add to, or otherwise modify any of the provisions of this Lease. Landlord Owner and Tenant may, at their own expense, be represented by counsel and employ expert witnesses in any such arbitration. Any dispute as to the reasonableness of Owner's failure or refusal to consent to any subletting in accordance with Section 11.03 or the validity of any assignment in accordance with Section 11.08 shall be determined by arbitration in accordance with Section 11.03E. Any dispute with respect to the reasonability of any failure or refusal of Landlord Owner to grant its consent or approval to any request for such consent or approval pursuant to any of the provisions of this Lease (other than Sections 4.01 3.01 and 12.0311.03) with respect to which Landlord Owner has covenanted not unreasonably to withhold such consent or approval, and any dispute arising with respect to the increases in Fixed Rent due to the provisions of Section 23.02 shall be determined by applicable legal proceedings. If the determination of any such legal proceedings, or of any arbitration held pursuant to the provisions of this Section with respect to disputes arising under Sections 4.01 and 12.03Section 3.01 or the Operating Expense provisions of Article 23 or any arbitration held pursuant to the provisions of Section 11.03E, shall be adverse to LandlordOwner, Landlord Owner shall be deemed to have granted the requested consent or approval, or be bound by any determination as to Taxes and Operating Expenses and the increases in Fixed Rent relating thereto or the validity of any assignment, but that shall be Tenant's sole remedy in such event and Landlord Owner shall not be liable to Tenant for a breach of LandlordOwner's covenant not unreasonably to withhold such consent or approval, or otherwise. Each party shall pay its own counsel and expert witness fees and expenses, if any, in connection with any arbitration held pursuant to the provisions of this Section and the parties will share all other expenses and fees of any such arbitration.

ARBITRATION, ETC. Section 33.0136.01. Any dispute with respect to (i) the reasonability of any failure or refusal of Landlord Owner to grant its consent or approval to any request for such consent or approval pursuant to the provisions of Sections 4.01 3.01 or 12.03 11.03 with respect to which request Landlord Owner has agreed, in such Sections, not unreasonably to withhold such consent or approval, or (ii) arising out of the application of the provisions of Articles 23 or 35, which is submitted to arbitration shall be finally determined by arbitration in the City County of Boston Nassau in accordance with the Commercial Arbitration Rules rules and regulations then obtaining of the American Arbitration Association or its successor. Any such determination shall be final and binding upon the parties, whether or not a judgment shall be entered in any court. In making their determination, the arbitrators shall not subtract from, add to, or otherwise modify any of the provisions of this Lease. Landlord Owner and Tenant may, at their own expense, be represented by counsel and employ expert witnesses in any such arbitration. Any dispute with respect to the reasonability of any failure or refusal of Landlord Owner to grant its consent or approval to any request for such consent or approval pursuant to any of the provisions of this Lease (other than Sections 4.01 3.01 and 12.0311.03) with respect to which Landlord Owner has covenanted not unreasonably to withhold such consent or approval, and any dispute arising with respect to the increases in Fixed Rent due to the provisions of Section 23.02 shall be determined by applicable legal proceedings. If the determination of any such legal proceedings, or of any arbitration held pursuant to the provisions of this Section with respect to disputes arising under Sections 4.01 3.01 and 12.0311.03, shall be adverse to LandlordOwner, Landlord Owner shall be deemed to have granted the requested consent or approval, or be bound by any determination as to Taxes and Labor Rates and the increases in Fixed Rent relating thereto, but that shall be Tenant's sole remedy in such event and Landlord Owner shall not be liable to Tenant for a breach of LandlordOwner's covenant not unreasonably to withhold such consent or approval, or otherwise. Each party shall pay its own counsel and expert witness fees and expenses, if any, in connection with any arbitration held pursuant to the provisions of this Section and the parties will share all other expenses and fees of any such arbitration.

ARBITRATION, ETC. Section 33.0136.01. Any dispute with respect to (i) the reasonability of any failure or refusal of Landlord Owner to grant its consent or approval to any request for such consent or approval pursuant to the provisions of Sections 4.01 3.01 or 12.03 11.03 with respect to which request Landlord Owner has agreed, in such Sections, not unreasonably to withhold such consent or approval, or (ii) arising out of the application of the provisions of Articles 23 or 35, which is submitted to arbitration shall be finally determined by arbitration in the City of Boston New York in accordance with the Commercial Arbitration Rules rules and regulations then obtaining of the American Arbitration Association or its successor. Any such determination shall be final and binding upon the parties, whether or not a judgment shall be entered in any court. In making their determination, the arbitrators shall not subtract from, add to, or otherwise modify any of the provisions of this Lease. Landlord Owner and Tenant may, at their own expense, be represented by counsel and employ expert witnesses in any such arbitration. Any dispute with respect to the reasonability of any failure or refusal of Landlord Owner to grant its consent or approval to any request for such consent or approval pursuant to any of the provisions of this Lease (other than Sections 4.01 3.01 and 12.0311.03) with respect to which Landlord Owner has covenanted not unreasonably to withhold such consent or approval, and any dispute arising with respect to the increases in Fixed Rent due to the provisions of Section 23.02 and Section 23.04 shall be determined by applicable legal proceedings. If the determination of any such legal proceedings, or of any arbitration held pursuant to the provisions of this Section with respect to disputes arising under Sections 4.01 3.01 and 12.0311.03, shall be adverse to LandlordOwner, Landlord Owner shall be deemed to have granted the requested consent or approval, or be bound by any determination as to Taxes and payments owed under Section 23.04 and the increases in Fixed Rent relating thereto, but that shall be Tenant's ’s sole remedy in such event and Landlord Owner shall not be liable to Tenant for a breach of Landlord's Owner’s covenant not unreasonably to withhold such consent or approval, or otherwise. Each party shall pay its own counsel and expert witness fees and expenses, if any, in connection with any arbitration held pursuant to the provisions of this Section and the parties will share all other expenses and fees of any such arbitration.

ARBITRATION, ETC. Section 33.01SECTION 36.01. Any dispute (i) with respect to (i) the reasonability of any failure or refusal of Landlord or Owner to grant its consent of approval or approval to any request for such consent or approval pursuant to the provisions of Sections 4.01 Section 3.01 or 12.03 11.03 with respect to which request Landlord Owner has agreedagrees, in such SectionsSection, not unreasonably to withhold such consent or approval, or (ii) arising out our of the application of the Operating Expenses provisions of Articles 23 or 35Article 23, which is submitted to arbitration shall be finally determined by arbitration in the City of Boston New York in accordance with the Commercial Arbitration Rules rules and regulations then obtaining of the American Arbitration Association or its successor. Any such determination shall be final and binding upon the parties, whether or not a judgment shall be entered in any court. In making their determination, the arbitrators shall not subtract from, add to, or otherwise modify any of the provisions of this Lease. Landlord Owner and Tenant may, at their own expense, be represented by counsel and employ expert witnesses in any such arbitration. Any dispute with respect to the reasonability of any failure or refusal of Landlord Owner to grant its consent or approval to or any request for such consent or approval pursuant to any of the provisions of this Lease (other than Sections 4.01 Section 3.01 and 12.0311.03) with respect to which Landlord Owner has covenanted not unreasonably unreasonable to withhold such consent or approval, and any dispute arising with respect to the increases in Fixed Rent due to the provisions of Section 23.02 shall be determined by applicable legal proceedings. If the determination of any such legal proceedings, or of any arbitration held pursuant to the provisions of this Section with respect to disputes arising under Sections 4.01 Section 3.01 and 12.0311.03 or the Operating Expense provision of Article 23, shall be adverse to LandlordOwner, Landlord Owner shall be deemed to have granted the requested consent or approval, or be bound by any determination as to Taxes and Operating Expenses and the increases in Fixed Rent relating thereto, but that shall be Tenant's sole remedy in such event and Landlord Owner shall not be liable to Tenant for a breach of LandlordOwner's covenant not unreasonably to withhold such consent or approval, or otherwise.. Each party shall pay its own counsel and expert witness fees and expenses, if any, in connection with any arbitration held pursuant to the provisions of this Section and parties will share all other expenses and fees of any such arbitration. 50

ARBITRATION, ETC.  Section 33.0136.01. Any dispute (i) with respect to (i) the reasonability of any failure or refusal of Landlord Owner to grant its consent or approval to any request for such consent or approval pursuant to the provisions of Sections 4.01 3.01 or 12.03 11.03 with respect to which request Landlord Owner has agreed, in such Sections, not unreasonably to withhold such consent or approval, or (ii) arising out of the application of the Operating Expenses provisions of Articles 23 or 35Article 23, which is submitted to arbitration shall be finally determined by expedited arbitration in the City of Boston New York in accordance with the Commercial Arbitration Rules rules and regulations with respect to expedited commercial arbitration then obtaining of the American Arbitration Association or its successor. Any such determination shall be final and binding upon the parties, whether or not a judgment shall be entered in any court. In making their determination, the arbitrators shall not subtract from, add to, or otherwise modify any of the provisions of this Lease. Landlord Owner and Tenant may, at their own expense, be represented by counsel and employ expert witnesses in any such arbitration. Any dispute with respect to the reasonability of any failure or refusal of Landlord Owner to grant its consent or approval to any request for such consent or approval pursuant to any of the provisions of this Lease (other than Sections 4.01 3.01 and 12.0311.03) with respect to which Landlord Owner has covenanted not unreasonably to withhold such consent or approval, and any dispute arising with respect to the increases in Fixed Rent due to the provisions of Section 23.02 shall be determined by applicable legal proceedings. If the determination of any such legal proceedings, or of any arbitration held pursuant to the provisions of this Section with respect to disputes arising under Sections 4.01 3.01 and 12.0311.03 or the Operating Expense provisions of Article 23, shall be adverse to LandlordOwner, Landlord Owner shall be deemed to have granted the requested consent or approval, or be bound by any determination as to Taxes and Operating Expenses and the increases in Fixed Rent relating thereto, but that shall be Tenant's ’s sole remedy in such event and Landlord Owner shall not be liable to Tenant for a breach of Landlord's Owner’s covenant not unreasonably to withhold such consent or approval, or otherwise.. Each party shall pay its own counsel and expert witness fees and expenses, if any, in connection with any arbitration held pursuant to the provisions of this Section and the parties will share equally all other expenses and fees of any such arbitration.  

ARBITRATION, ETC. Section 33.0136.01. Any dispute with respect to (i) the reasonability of any failure or refusal of Landlord Owner to grant its consent or approval to any request for such consent or approval pursuant to the provisions of Sections 4.01 3.01 or 12.03 11.03 with respect to which request Landlord Owner has agreed, in such Sections, not unreasonably to withhold such consent or approval, or (ii) arising out of the application of the provisions of Articles 23 or 35, which is submitted to arbitration shall be finally determined by arbitration in the City of Boston New York in accordance with the Commercial Arbitration Rules rules and regulations then obtaining of the American Arbitration Association or its successor. Any such determination shall be final and binding upon the parties, whether or not a judgment shall be entered in any court. In making their determination, the arbitrators shall not subtract from, add to, or otherwise modify any of the provisions of this Lease. Landlord Owner and Tenant may, at their own expense, be represented by counsel and employ expert witnesses in any such arbitration. Any dispute with respect to the reasonability of any failure or refusal of Landlord Owner to grant its consent or approval to any request for such consent or approval pursuant to any of the provisions of this Lease (other than Sections 4.01 3.01 and 12.0311.03) with respect to which Landlord Owner has covenanted not unreasonably to withhold such consent or approval, and any dispute arising with respect to the increases in Fixed Rent due to the provisions of Section 23.02 shall be determined by applicable legal proceedings. If the determination of any such legal proceedings, or of any arbitration held pursuant to the provisions of this Section with respect to disputes arising under Sections 4.01 3.01 and 12.0311.03, shall be adverse to LandlordOwner, Landlord Owner shall be deemed to have granted the requested consent or approval, or be bound by any determination as to the increases in Fixed Rent pursuant to Section 23.02, but that shall be Tenant's sole remedy in such event and Landlord Owner shall not be liable to Tenant for a breach of LandlordOwner's covenant not unreasonably to withhold such consent or approval, or otherwise. Each party shall pay its own counsel and expert witness fees and expenses, if any, in connection with any arbitration held pursuant to the provisions of this Section and the parties will equitably share all other expenses and fees of any such arbitration.

ARBITRATION, ETC. Section 33.01SECTION 36.01. Any dispute with respect to (i) the reasonability of any failure or refusal of Landlord Owner to grant its consent or approval to any request for such consent or approval pursuant to the provisions of Sections 4.01 3.01 or 12.03 11.03 with respect to which request Landlord Owner has agreed, in such Sections, not unreasonably to withhold such consent or approval, or (ii) arising out of the application of the provisions of Articles 23 or 35, which is submitted to arbitration shall be finally determined by arbitration in the City of Boston New York in accordance with the Commercial Arbitration Rules rules and regulations then obtaining of the American Arbitration Association or its successor. Any such determination shall be final and binding upon the parties, whether or not a judgment shall be entered in any court. In making their determination, the arbitrators shall not subtract from, add to, or otherwise modify any of the provisions of this Lease. Landlord Owner and Tenant may, at their own expense, be represented by counsel and employ expert witnesses in any such arbitration. Any dispute with respect to the reasonability of any failure or refusal of Landlord Owner to grant its consent or approval to any request for such consent or approval pursuant to any of the provisions of this Lease (other than Sections 4.01 3.01 and 12.0311.03) with respect to which Landlord Owner has covenanted not unreasonably to withhold such consent or approval, and any dispute arising with respect to the increases in Fixed Rent due to the provisions of Section 23.02 and Section 23.04 shall be determined by applicable legal proceedings. If the determination of any such legal proceedings, or of any arbitration held pursuant to the provisions of this Section with respect to disputes arising under Sections 4.01 3.01 and 12.0311.03, shall be adverse to LandlordOwner, Landlord Owner shall be deemed to have granted the requested consent or approval, or be bound by any determination as to Taxes and Labor Rates and the increases in Fixed Rent relating thereto, but that shall be Tenant's sole remedy in such event and Landlord Owner shall not be liable to Tenant for a breach of LandlordOwner's covenant not unreasonably to withhold such consent or approval, or otherwise. Each party shall pay its own counsel and expert witness fees and expenses, if any, in connection with any arbitration held pursuant to the provisions of this Section and the parties will share all other expenses and fees of any such arbitration.

ARBITRATION, ETC. Section 33.01SECTION 37.01. Any dispute with respect to (i) the reasonability of any failure or refusal of Landlord Owner to grant its consent or approval to any request for such consent or approval pursuant to the provisions of Sections 4.01 3.01 or 12.03 11.03 with respect to which request Landlord Owner has agreed, in such Sections, not unreasonably to withhold such consent or approval, or (ii) arising out of the application of the provisions of Articles 23 or 35, which is submitted to arbitration shall be finally determined by arbitration in the City of Boston New York in accordance with the Commercial Arbitration Rules rules and regulations then obtaining of the American Arbitration Association or its successor. Any such determination shall be final and binding upon the parties, whether or not a judgment shall be entered in any court. In making their determination, the arbitrators shall not subtract from, add to, or otherwise modify any of the provisions of this Lease. Landlord Owner and Tenant may, at their own expense, be represented by counsel and employ expert witnesses in any such arbitration. Any dispute with respect to the reasonability of any failure or refusal of Landlord Owner to grant its consent or approval to any request for such consent or approval pursuant to any of the provisions of this Lease (other than Sections 4.01 3.01 and 12.0311.03) with respect to which Landlord Owner has covenanted not unreasonably to withhold such consent or approval, and any dispute arising with respect to the increases in Fixed Rent due to the provisions of Section 23.02 and Section 23.04 shall be determined by applicable legal proceedings. If the determination of any such legal proceedings, or of any arbitration held pursuant to the provisions of this Section with respect to disputes arising under Sections 4.01 3.01 and 12.0311.03, shall be adverse to LandlordOwner, Landlord Owner shall be deemed to have granted the requested consent or approval, or be bound by any determination as to Taxes and Labor Rates and the increases in Fixed Rent relating thereto, but that shall be Tenant's sole remedy in such event and Landlord Owner shall not be liable to Tenant for a breach of LandlordOwner's covenant not unreasonably to withhold such consent or approval, or otherwise. Each party shall pay its own counsel and expert witness fees and expenses, if any, in connection with any arbitration held pursuant to the provisions of this Section and the parties will share all other expenses and fees of any such arbitration.

ARBITRATION, ETC. Section 33.0136.01. Any dispute (i) with respect to (i) the reasonability of any failure or refusal of Landlord Owner to grant its consent or approval to any request for such consent or approval pursuant to the provisions of Sections 4.01 3.01 or 12.03 11.03 with respect to which request Landlord Owner has agreed, in such Sections, not unreasonably to withhold such consent or approval, or (ii) arising out of the application of the Operating Expenses provisions of Articles 23 or 35Article 23, (iii) as to the validity of any assignment in accordance with the provisions of Section 11.06 which is submitted to arbitration shall be finally determined by arbitration in the City of Boston New York in accordance with the Commercial Arbitration Rules rules and regulations then obtaining of the American Arbitration Association or its successor. Any such determination determi- nation shall be final and binding upon the parties, whether or not a judgment shall be entered in any court. In making their determination, the arbitrators shall not subtract from, add to, or otherwise modify any of the provisions of this Lease. Landlord Owner and Tenant may, at their own expense, be represented by counsel and employ expert witnesses in any such arbitration. Any dispute with respect to the reasonability of any failure or refusal of Landlord Owner to grant its consent or approval to any request for such consent or approval pursuant to any of the provisions of this Lease (other than Sections 4.01 3.01 and 12.0311.03) with respect to which Landlord Owner has covenanted not unreasonably to withhold such consent or approval, and any dispute arising with respect to the increases in Fixed Rent due to the provisions of Section 23.02 shall be determined by applicable legal proceedings. If the determination of any such legal proceedings, or of any arbitration held pursuant to the provisions of this Section with respect to disputes arising under Sections 4.01 3.01, 11.03 and 12.0311.06 or the Operating Expense provisions of Article 23, shall be adverse to LandlordOwner, Landlord Owner shall be deemed to have granted the requested consent or approval, or be bound by any determination as to Taxes and Operating Expenses and the increases in Fixed Rent relating thereto, or the validity of any assignment, but that shall be Tenant's sole remedy in such event and Landlord Owner shall not be liable to Tenant for a breach of LandlordOwner's covenant not unreasonably to withhold such consent or approval, or otherwise. Each party shall pay its own counsel and expert witness fees and expenses, if any, in connection with any arbitration held pursuant to the provisions of this Section and the parties will share all other expenses and fees of any such arbitration.

ARBITRATION, ETC. Section 33.01. Any dispute (i) with respect to (i) the reasonability of any failure or refusal of Landlord Owner to grant its consent or approval to any request for such consent or approval pursuant to the provisions of Sections 4.01 3.01 or 12.03 11.03 with respect to which request Landlord Owner has agreed, in such Sections, not unreasonably to withhold such consent or approval, or (ii) arising out of the application of the Operating Expenses provisions of Articles 23 or 35Article 23, which is submitted to arbitration shall be finally determined by arbitration in the City of Boston New York in accordance with the Commercial Arbitration Rules rules and regulations then obtaining of the American Arbitration Association or its successor. Any such determination shall be final and binding upon the parties, whether or not a judgment shall be entered in any court. In making their determination, the arbitrators shall not subtract from, add to, or otherwise modify any of the provisions of this Lease. Landlord Owner and Tenant may, at their own expense, be represented by counsel and employ expert witnesses in any such arbitration. Any dispute with respect to the reasonability of any failure or refusal of Landlord Owner to grant its consent or approval to any request for such consent or approval pursuant to any of the provisions of this Lease (other than Sections 4.01 3.01 and 12.0311.03) with respect to which Landlord Owner has covenanted not unreasonably to withhold such consent or approval, and any dispute arising with respect to the increases in Fixed Rent due to the provisions of Section 23.02 shall be determined by applicable legal proceedings. If the determination of any such legal proceedings, or of any arbitration held pursuant to the provisions of this Section with respect to disputes arising under Sections 4.01 3.01 and 12.0311.03 or the Operating Expense provisions of Article 23, shall be adverse to LandlordOwner, Landlord Owner shall be deemed to have granted the requested consent or approval, or be bound by any determination as to Taxes and Operating Expenses and the increases in Fixed Rent relating thereto, but that shall be Tenant's sole remedy in such event and Landlord Owner shall not be liable to Tenant for a breach of LandlordOwner's covenant not unreasonably to withhold such consent or approval, or otherwise. Each party shall pay its own counsel and expert witness fees and expenses, if any, in connection with any arbitration held pursuant to the provisions of this Section and the parties will share all other expenses and fees of any such arbitration.