Litigation Costs. In the event of any action or proceeding at law or in equity between Seller and Purchaser to enforce any provision of this Agreement or to protect or establish any right or remedy of either party hereunder, the unsuccessful party to such litigation shall pay to the prevailing party all costs and expenses, including reasonable attorneys' fees incurred therein by such prevailing party (collectively, "Litigation Costs"), and if such prevailing party shall recover judgment in any such action or proceeding, such Litigation Costs shall be included in and as a part of such judgment.
Appears in 5 contracts
Sources: Agreement of Sale and Purchase (Host Funding Inc), Agreement of Sale and Purchase (Host Funding Inc), Agreement of Sale and Purchase (Host Funding Inc)
Litigation Costs. In the event of any action or proceeding at law or in equity between Seller and Purchaser to enforce any provision of this Agreement or to protect or establish any right or remedy of either party hereunder, the unsuccessful party to such litigation shall pay to the prevailing party all litigation costs and expenses, including reasonable attorneys' fees incurred therein by such prevailing party (collectively, "Litigation Costs")party, and if such prevailing party shall recover judgment in any such action or proceeding, such Litigation Costs costs and expenses (including such attorneys' fees) shall be included in and as a part of such judgment.
Appears in 3 contracts
Sources: Agreement of Sale (Apple Residential Income Trust Inc), Agreement of Sale (Apple Residential Income Trust Inc), Sale Agreement (Balcor Realty Investors 83)
Litigation Costs. In the event of If there is any legal action or proceeding at law between the parties hereto arising from or in equity between Seller and Purchaser to enforce any provision of based upon this Agreement or to protect or establish any right or remedy of either party hereunderAgreement, the unsuccessful party to such litigation action or proceeding shall pay to the prevailing party all litigation costs and expenses, including reasonable attorneys' fees fees, incurred therein by such prevailing party (collectively, "Litigation Costs")in such action or proceeding and in any appeal in connection therewith, and if such prevailing party shall recover recovers a judgment in any such action action, proceeding or proceedingappeal, such Litigation Costs costs, expenses and attorneys' fees shall be included in and as a part of such judgment.
Appears in 2 contracts
Sources: Agreement for Contribution of Interests (Capital Automotive Reit), Real Property Purchase Agreement (Cross Continent Auto Retailers Inc M&l)
Litigation Costs. In the event of If there is any legal action or ---------------- proceeding at law between the parties hereto arising from or in equity between Seller and Purchaser to enforce any provision of based upon this Agreement or to protect or establish any right or remedy of either party hereunderAgreement, the unsuccessful party to such litigation action or proceeding shall pay to the prevailing party all litigation costs and expenses, including reasonable attorneys' fees fees, incurred therein by such prevailing party (collectively, "Litigation Costs")in such action or proceeding and in any appeal in connection therewith, and if such prevailing party shall recover recovers a judgment in any such action action, proceeding or proceedingappeal, such Litigation Costs costs, expenses and attorneys' fees shall be included in and as a part of such judgment.
Appears in 2 contracts
Sources: Agreement for Contribution of Interests (Capital Automotive Reit), Real Property Purchase Agreement (Capital Automotive Reit)
Litigation Costs. In the event of any action or proceeding at law or in equity between Seller and Purchaser to enforce any provision of this Agreement or to protect or establish any right or remedy of either party hereunder, the unsuccessful party to such litigation shall pay to the prevailing party all lidgation costs and expenses, including reasonable attorneys' fees incurred therein by such prevailing party (collectively, "Litigation Costs")party, and if such prevailing party shall recover judgment in any such action or proceeding, such Litigation Costs costs and expenses (including such attorneys' fees) shall be included in and as a part of such judgment.
Appears in 1 contract
Sources: Agreement of Sale (Cornerstone Realty Income Trust Inc)
Litigation Costs. In the event of If there is any legal action or proceeding at law ---------------- between the parties hereto arising from or in equity between Seller and Purchaser to enforce any provision of based upon this Agreement or to protect or establish any right or remedy of either party hereunderAgreement, the unsuccessful party to such litigation action or proceeding shall pay to the prevailing party all litigation costs and expenses, including reasonable attorneys' fees fees, incurred therein by such prevailing party (collectively, "Litigation Costs")in such action or proceeding and in any appeal in connection therewith, and if such prevailing party shall recover recovers a judgment in any such action action, proceeding or proceedingappeal, such Litigation Costs costs, expenses and attorneys' fees shall be included in and as a part of such judgment.
Appears in 1 contract
Sources: Real Property Purchase Agreement (Capital Automotive Reit)
Litigation Costs. In the event of If there is any legal action or proceeding at law ---------------- between the parties hereto arising from or in equity between Seller and Purchaser to enforce any provision of based upon this Agreement or to protect or establish any right or remedy of either party hereunderAgreement, the unsuccessful party to such litigation action or proceeding shall pay to the prevailing party all reasonable litigation costs and expenses, including reasonable attorneys' fees fees, incurred therein by such prevailing party (collectively, "Litigation Costs")in such action or proceeding and in any appeal in connection therewith, and if such prevailing party shall recover recovers a judgment in any such action action, proceeding or proceedingappeal, such Litigation Costs costs, expenses and attorneys' fees shall be included in and as a part of such judgment.
Appears in 1 contract
Sources: Real Property Purchase and Contribution Agreement (Capital Automotive Reit)
Litigation Costs. In the event of If there is any legal action or proceeding at law between the parties hereto arising from or in equity between Seller and Purchaser to enforce any provision of based upon this Agreement or to protect or establish any right or remedy of either party hereunderAgreement, the unsuccessful party to such litigation action or proceeding shall pay to the prevailing party all litigation costs and expenses, including reasonable attorneys' fees ’ fees, incurred therein by such prevailing party (collectively, "Litigation Costs")in such action or proceeding and in any appeal in connection therewith, and if such prevailing party shall recover recovers a judgment in any such action action, proceeding or proceedingappeal, such Litigation Costs costs, expenses and attorneys’ fees shall be included in and as a part of such judgment.
Appears in 1 contract