Certain Litigation Between the Parties. In the event any action or proceeding at law or in equity or any arbitration proceeding be instituted by either party, for an alleged breach of any obligation of Subtenant or Sublandlord under this Sublease, to recover rent, to terminate the tenancy of Subtenant at the Subleased Premises, or to enforce, protect, or establish any right or remedy of a party to this Sublease Agreement, the prevailing party (by judgment or settlement) in such action or proceeding shall be entitled to recover as part of such action or proceeding such reasonable attorneys' fees, expert witness fees, and court costs as may be fixed by the court or jury, but this provision shall not apply to any cross-complaint filed by anyone other than Sublandlord in such action or proceeding.
Certain Litigation Between the Parties. In the event any action or proceeding in law or equity be instituted by Seller for an alleged breach of any obligation of Purchaser under this Agreement, the prevailing party (by judgment or settlement) in such action or proceeding shall be entitled to recover as part of such action or proceeding such reasonable attorneys’ fees, expert witness fees, and court costs as may be fixed by the court or jury, or arbitration panel, but this provision shall not apply to any cross complaint filed by anyone other than Seller in such action or proceeding.
Certain Litigation Between the Parties. In the event any action or proceeding at law or in equity or any arbitration proceeding be instituted by either party, for an alleged breach of this Sublease, to recover rent, to terminate the tenancy of Subtenant at the Subleased Premises, or to enforce, protect, or establish any right or remedy of a party to this Sublease Agreement, the prevailing party (by judgment or settlement (it being understood that for the purpose of any settlement, the prevailing party shall be the party receiving substantially the relief requested) in such action or proceeding shall be entitled to recover as part of such action or proceeding such reasonable attorneys’ fees, expert witness fees, and court costs as may be fixed by the court or jury. The Prevailing Party, for the purpose of any settlement, dismissal or summary judgment, shall be the party receiving substantially the relief requested
Certain Litigation Between the Parties. If any action or -------------------------------------- proceeding in law or in equity or any arbitration proceeding is instituted by Lessor for damages or possession of the Premises or both, for an alleged breach of any obligation of Lessee under this Lease, to recover rent, to terminate the tenancy of Lessee at the Premises, to enforce, protect, or establish any right or remedy of Lessor, or to enforce any other right of either party under this Lease or interpret any provision of this Lease, the prevailing party in such action or proceeding its attorneys' fees, expert witness fees, and court costs are incurred, or as may be fixed by the court or jury, but this provision shall not apply to any cross-complaint filed by anyone other than Lessor in such action or proceeding.
Certain Litigation Between the Parties. In the event any action or -------------------------------------- proceeding at law or in equity or any arbitration proceeding be instituted by Sublessor for damages or possession of the Subleased Premises or both, for an alleged breach of any obligation of Sublessee under this Sublease, to recover rent, to terminate the tenancy of Sublessee at the Subleased Premises, or to enforce, protect, or establish any right or remedy of Sublessor, the prevailing party (by judgment or settlement) in such action or proceeding shall be entitled to recover as part of such action or proceeding such reasonable attorneys' fees, expert witness fees, and court costs as may be fixed by the court or jury.
Certain Litigation Between the Parties. If any action or proceeding in law or in equity or any arbitration proceeding is instituted by Lessor for damages or possession of the Premises or both, for an alleged breach of any obligation of Lessee under this Lease, to recover rent, to terminate the tenancy of Lessee at the Premises, to enforce, protect, or establish any right or remedy of Lessor, or to enforce any other right of Lessor under this Lease or interpret any provision of this Lease, the prevailing party in such action or proceeding shall be entitled to collect from the other party all attorneys’ fees, expert witness fees, and court costs incurred by the prevailing party, or as may be fixed by the court or jury, but this provision shall not apply to any cross-complaint filed by anyone other than Lessor in such action or proceeding.
Certain Litigation Between the Parties. If any action or proceeding in law or in equity or any arbitration proceeding is instituted by either party for damages or possession of the Premises or both, for an alleged breach of any obligation or for any matter arising under this Lease, to recover rent, to terminate the tenancy of Lessee at the Premises, or to enforce, protect, or establish any right or remedy, the prevailing party in such action or proceeding shall be entitled to recover as part of such action or proceeding its attorneys' fees, expert witness fees, and court costs as incurred, or as may be fixed by the court or jury.
Certain Litigation Between the Parties. In the event any action or -------------------------------------- proceeding at law or in equity or any arbitration proceeding be instituted by either Sub-sublessor or Sub-sublessee for damages or possession of the Premises or both, for an alleged breach of any obligation of the other party under this Sub-sublease, to recover rent, to terminate the tenancy of Sub-sublessee at the Sublease Premises, or to enforce, protect, or establish any other right or remedy of such party, the prevailing party (by judgment or settlement) in such action or proceeding shall be entitled to recover as part of such action or proceeding such reasonable attorneys' fees, expert witness fees, and court costs as may be fixed by the court or jury, but this provision shall not apply to any cross-complaint filed by anyone other than Sub-sublessor or Sub-sublessee in such action or proceeding.
Certain Litigation Between the Parties. In the event any action or proceeding in law or equity be instituted by Seller for an alleged breach of any obligation of Purchaser under this Agreement, the prevailing party (by judgment or settlement) in such action or proceeding shall be entitled to recover as part of such action or proceeding such reasonable attorneys’ fees, expert witness fees, and court costs as may be fixed by the court or jury, or arbitration panel, but this provision shall not apply to any cross complaint filed by anyone other than Seller in such action or proceeding. [End of Schedule A] SCHEDULE B ADDITIONAL PROVISIONS Purchaser and Seller hereby agree that the terms and conditions attached as Schedule A to the Agreement are hereby supplemented and/or amended as follows: Any capitalized term used above shall have the meaning given that term in the Agreement. In the event of any conflict between this Schedule B and the remainder of the Agreement, including Schedule A, this Schedule B shall control. SCHEDULE C HOME PLAN SCHEDULE D
Certain Litigation Between the Parties. In the event any action or -------------------------------------- proceeding at law or in equity or any arbitration proceeding be instituted by a party hereof, for an alleged breach of any obligation of hereunder, the prevailing party (by judgment or settlement) in such action or proceeding shall be entitled to recover as part of such action or proceeding such reasonable attorneys' fee, expert witness fees, and court costs as may be fixed by the court or jury.
