Common use of Costs and Attorneys’ Fees Clause in Contracts

Costs and Attorneys’ Fees. In the event of any litigation or dispute between the parties arising out of or in any way connected with this Agreement, resulting in any litigation, then the prevailing party in such shall be entitled to recover its costs of prosecuting and/or defending same, including, without limitation, reasonable attorneys’ fees at trial and all appellate levels. The provisions of this Section 8.3 shall survive the termination of this Agreement.

Appears in 9 contracts

Samples: Agreement of Purchase and Sale, Agreement of Purchase and Sale (Moody National REIT II, Inc.), Agreement of Purchase and Sale (Moody National REIT II, Inc.)

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Costs and Attorneys’ Fees. In the event of any litigation or dispute between the parties arising out of or in any way connected with this Agreement, resulting in any litigation, then the prevailing party in such litigation shall be entitled to recover its costs of prosecuting and/or defending same, including, without limitation, reasonable attorneys' fees at trial and all appellate levels. The provisions of this Section 8.3 shall survive the termination Closing of this Agreementthe transaction contemplated hereby.

Appears in 6 contracts

Samples: Agreement of Purchase and Sale (Prentiss Properties Trust/Md), Agreement of Purchase and Sale (Prentiss Properties Trust/Md), Contribution Agreement (Prentiss Properties Trust/Md)

Costs and Attorneys’ Fees. In the event of any litigation or dispute between the parties arising out of or in any way connected with this Agreement, Agreement resulting in any litigation, then the prevailing party in such litigation shall be entitled to recover its reasonable costs of prosecuting and/or defending same, including, without limitation, reasonable attorneys' fees at trial and all appellate levels. The provisions of this Section 8.3 shall survive the Closing or termination of this Agreementthe transaction contemplated hereby.

Appears in 4 contracts

Samples: Agreement of Sale (Medalist Diversified REIT, Inc.), Agreement of Sale (Medalist Diversified REIT, Inc.), Agreement of Sale (Medalist Diversified REIT, Inc.)

Costs and Attorneys’ Fees. In the event of any litigation or dispute between the parties arising out of or in any way connected with this Agreement, resulting in any litigation, then the prevailing party in such litigation shall be entitled to recover its costs of prosecuting and/or defending same, including, without limitation, reasonable attorneys’ fees at trial and all appellate levels. The provisions of this Section 8.3 9.3 shall survive the Closing or any termination of this Agreement.

Appears in 4 contracts

Samples: Agreement of Purchase and Sale (Ashford Inc.), Agreement of Purchase and Sale (Ashford Hospitality Trust Inc), Purchase and Sale Agreement (Wyndham International Inc)

Costs and Attorneys’ Fees. In the event of any litigation or dispute between the parties arising out of or in any way connected with this Agreement, resulting in any litigation, then the prevailing party in such shall be entitled to recover its costs of prosecuting and/or defending same, including, without limitation, reasonable attorneys’ fees at trial and all appellate levels. The provisions of this Section 8.3 9.3 shall survive the termination of this Agreement.

Appears in 3 contracts

Samples: Agreement of Purchase and Sale (Moody National REIT I, Inc.), Agreement of Purchase and Sale (Moody National REIT I, Inc.), Agreement of Purchase and Sale (Moody National REIT I, Inc.)

Costs and Attorneys’ Fees. In the event of any litigation or dispute between the parties arising out of or in any way connected with this Agreement, resulting in any litigation, then the prevailing party in such shall be entitled to recover its costs of prosecuting and/or defending same, including, without limitation, reasonable attorneys’ fees at trial and all appellate levels. The provisions of this Section 8.3 8.4 shall survive the termination of this Agreement.

Appears in 2 contracts

Samples: Agreement of Purchase and Sale (Lodging Fund REIT III, Inc.), Agreement of Purchase and Sale (Lodging Fund REIT III, Inc.)

Costs and Attorneys’ Fees. In the event of any litigation or dispute between the parties arising out of or in any way connected with this Agreement, resulting in any litigation, then the prevailing party in such litigation shall be entitled to recover its costs of prosecuting and/or defending same, including, without limitation, reasonable attorneys’ fees at trial and all appellate levels. The provisions of this Section 8.3 9.5 shall survive the termination Closing of this Agreementthe transaction contemplated hereby.

Appears in 2 contracts

Samples: Contribution Agreement (Ashford Hospitality Trust Inc), Contribution Agreement (Ashford Hospitality Trust Inc)

Costs and Attorneys’ Fees. In the event of any litigation or dispute between the parties Parties arising out of or in any way connected with this Agreement, resulting in any litigation, then the prevailing party Party in such litigation shall be entitled to recover its costs of prosecuting and/or defending same, including, without limitation, reasonable attorneys' fees at trial and all appellate levels. The provisions of this Section 8.3 12.19 shall survive the termination Closing of the transaction contemplated by this Agreement.

Appears in 1 contract

Samples: Combined Contribution and Purchase and Sale Agreement (Ashford Hospitality Trust Inc)

Costs and Attorneys’ Fees. In the event of any litigation or dispute between the parties arising out of or in any way connected with this Agreement, resulting in any litigation, then the prevailing party in such litigation shall be entitled to recover its costs of prosecuting and/or defending same, including, without limitation, reasonable attorneys’ fees at trial and all appellate levels. The provisions of this Section 8.3 8.04 shall survive the Closing or any termination of this Agreement.

Appears in 1 contract

Samples: Agreement of Purchase and Sale (Ashford Hospitality Trust Inc)

Costs and Attorneys’ Fees. In the event of any litigation or dispute between the parties arising out of or in any way connected with this Agreement, resulting in any litigation, then the prevailing party in such litigation shall be entitled to recover its costs of prosecuting and/or defending same, including, without limitation, reasonable attorneys’ fees at trial and all appellate levels. The provisions of this Section 8.3 9.5 shall survive the termination Closing of this Agreement.the transaction contemplated hereby. 9695236v.8

Appears in 1 contract

Samples: Agreement of Purchase and Sale (Ashford Hospitality Prime, Inc.)

Costs and Attorneys’ Fees. In the event of any litigation or dispute between the parties arising out of or in any way connected with this Agreement, resulting in any litigation, then the prevailing party in such litigation shall be entitled to recover its costs of prosecuting and/or defending same, including, without limitation, reasonable attorneys' fees at trial and all appellate levels. The provisions of this Section 8.3 9.9 shall survive the termination Closing of this Agreementthe transaction contemplated hereby.

Appears in 1 contract

Samples: Assignment and Assumption Agreement (Hospitality Properties Trust)

Costs and Attorneys’ Fees. In the event of any litigation or dispute between the parties arising out of or in any way connected with this Agreement, resulting in any litigation, then the prevailing party in such litigation shall be entitled to recover its costs of prosecuting and/or defending same, including, without limitation, reasonable attorneys’ fees at trial and all appellate levels. The provisions of this Section 8.3 15.22 shall survive the termination of Closing. [no further text on this Agreement.page]

Appears in 1 contract

Samples: Agreement of Purchase and Sale (Ashford Hospitality Prime, Inc.)

Costs and Attorneys’ Fees. In the event of any litigation or dispute between the parties Parties arising out of or in any way connected with this Agreement, resulting in any litigation, then the prevailing party Party in such litigation shall be entitled to recover its costs of prosecuting and/or defending same, including, without limitation, reasonable attorneys’ fees at trial and all appellate levels. The provisions of this Section 8.3 12.19 shall survive the termination Closing of the transaction contemplated by this Agreement.

Appears in 1 contract

Samples: Combined Contribution and Purchase and Sale Agreement (Ashford Hospitality Trust Inc)

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Costs and Attorneys’ Fees. In the event of any litigation or dispute between the parties arising out of or in any way connected with this Agreement, resulting in any litigation, then the prevailing party in such litigation shall be entitled to recover its costs of prosecuting and/or defending same, including, without limitation, reasonable attorneys’ fees and disbursements at trial and all appellate levels. The provisions of this Section 8.3 9.3 shall survive the Closing or any termination of this Agreement.

Appears in 1 contract

Samples: Agreement of Purchase and Sale (Sonesta International Hotels Corp)

Costs and Attorneys’ Fees. In the event of any litigation or dispute between the parties arising out of or in any way connected with this Agreement, resulting in any litigation, then the substantially prevailing party in such litigation shall be entitled to recover its costs of prosecuting 8665334v.12 and/or defending same, including, without limitation, reasonable attorneys’ fees at trial and all appellate levels. The provisions of this Section 8.3 9.3 shall survive the Closing or any termination of this Agreement.

Appears in 1 contract

Samples: Agreement of Purchase and Sale (Ashford Hospitality Prime, Inc.)

Costs and Attorneys’ Fees. In the event of any litigation or dispute between the parties arising out of or in any way connected with this Agreement, resulting in any litigation, then the prevailing party in such litigation shall be entitled to recover its costs of prosecuting and/or defending same, including, without limitation, reasonable attorneys’ fees at trial and all appellate levels. The provisions of this Section 8.3 8.04 shall survive the Closing or any termination of this Agreement.Agreement 24

Appears in 1 contract

Samples: Agreement of Purchase and Sale (Ashford Hospitality Trust Inc)

Costs and Attorneys’ Fees. In the event of any litigation or dispute between the parties arising out of or in any way connected with this Agreement, resulting in any litigation, then the prevailing party in such litigation shall be entitled to recover its costs of prosecuting and/or defending same, including, without limitation, reasonable attorneys’ fees at trial and all appellate levels. The provisions of this Section 8.3 9.4 shall survive the Closing or any termination of this Agreement.

Appears in 1 contract

Samples: Agreement of Purchase and Sale (Ashford Hospitality Trust Inc)

Costs and Attorneys’ Fees. In the event of any litigation or dispute between the parties arising out of or in any way connected with this Agreement, resulting in any litigationlitigation or non-judicial dispute resolution process, then the prevailing party in such action shall be entitled to recover its costs of prosecuting and/or defending same, including, without limitation, reasonable attorneys’ fees at trial and all appellate levelslevels and enforcing any judgment awarded to the prevailing party. The provisions of this Section 8.3 shall survive the termination of this Agreement.

Appears in 1 contract

Samples: Agreement of Purchase and Sale (Moody National REIT I, Inc.)

Costs and Attorneys’ Fees. In the event of any litigation or dispute between the parties arising out of or in any way connected with this Agreement, resulting in any litigation, then the prevailing party in such litigation shall be entitled to recover its costs of prosecuting and/or defending same, including, without limitation, reasonable attorneys’ fees at trial and all appellate levels. The provisions of this Section 8.3 9.1 shall survive the Closing or any termination of this Agreement.

Appears in 1 contract

Samples: Agreement of Purchase and Sale (Wyndham International Inc)

Costs and Attorneys’ Fees. In the event of any litigation or dispute between the parties arising out of or in any way connected with this Agreement, resulting in any litigation, then the prevailing party in such shall be entitled to recover its costs of prosecuting and/or defending same, including, without limitation, reasonable attorneys’ fees at trial and all appellate levels. The provisions of this Section 8.3 9.4 shall survive the termination of this Agreement.

Appears in 1 contract

Samples: Agreement of Purchase and Sale (Moody National REIT II, Inc.)

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