Expense of Litigation Clause Samples

Expense of Litigation. (a) When all or any part of the Obligations shall become due, whether by acceleration or otherwise and have not been paid after the expiration of any applicable grace period, if any, contained in the Loan Documents, the Lender shall have the right to foreclose the lien hereof for such Obligations or part thereof and/or exercise any right, power or remedy provided in this Mortgage or any of the other Loan Documents in accordance with the law of the State of Florida. (b) In any suit to foreclose the lien hereof, there shall be allowed and included as additional indebtedness in the decree for sale all expenditures and expenses which may be paid or incurred by or on behalf of the Lender for reasonable attorneys’ fees, appraisers’ fees, outlays for documentary and expert evidence, stenographers’ charges, publication costs, and costs (which may be estimated as to items to be expended after entry of the decree) of procuring all such abstracts of title, title searches and examinations, title insurance policies, and similar data and assurances with respect to the title as the Lender may deem reasonably necessary either to prosecute such suit or to evidence to bidders at any sale which may be had pursuant to such decree the true condition of the title to or the value of the Property. All expenditures and expenses of the nature mentioned in this section and such other expenses and fees as may be incurred in the enforcement of the Mortgagor’s obligations hereunder, the protection of the Property and the maintenance of the lien of this Mortgage, including the reasonable fees of any attorney employed by the Lender in any litigation or proceeding affecting this Mortgage, the Note, or the Property, including appellate, probate and bankruptcy proceedings, or in preparations for the commencement or defense of any proceeding or threatened suit or proceeding shall be immediately due and payable by the Mortgagor, with interest thereon until paid at the Default Interest Rate and shall be secured by this Mortgage.

Expense of Litigation. If either Party incurs any expense, including reasonable attorneys' fees, in connection with any action or proceeding instituted by either Party by reason of any default or alleged default of the other Party hereunder or for a declaration of the rights and obligations of the Parties hereunder, the Party prevailing in such action or proceeding shall be entitled to recover its reasonable expenses from the other Party. For the purposes of determining what expenses and fees are reasonable, the court shall look to the nature of the proceeding and the issues and scope of the proceeding, and shall not be bound by any court schedule or guideline which purports to establish the amount of expenses or fees to be awarded based upon the nature of the proceeding, the size of the award or similar standards.

Expense of Litigation. The parties hereto shall each bear their respective attorneys’ fees and costs associated with the negotiation and implementation of this Agreement.

Expense of Litigation. Any such legal action shall be at the expense of the party by whom suit is filed, hereinafter referred to as the “Litigating Party”. Any damages or costs recovered by the Litigating Party in connection with a legal action filed by it hereunder, shall go first to the Parties to reimburse their costs and expenses reasonably incurred in the lawsuit, and the remainder shall be divided seventy percent (70%) to the Litigating Party and thirty percent (30%) to the non-Litigating Party.

Expense of Litigation. If either party incurs any expense, including reasonable attorneys' fees, in connection with any action or proceeding instituted by either party by reason of any default or alleged default of the other party hereunder, the party prevailing in such action or proceeding shall be entitled to recover its reasonable expenses and attorneys' fees from the other party in an amount determined by the court, whether or not such action goes to final judgment. In the event of settlement or final judgment in which neither party is awarded all of the relief prayed for, the prevailing party as determined by the court shall be entitled to recover from the other party reasonable expenses and attorneys' fees in the amount determined by the court.

Expense of Litigation. If either party brings any action or proceeding by reason of any default or alleged default of the other party hereunder, the party prevailing in such action or proceeding shall be entitled to recover its reasonable expenses in connection therewith (including, without limitation, attorneys’ fees) from the other party. For purposes of this provision, in any unlawful detainer or other action or proceeding instituted by Landlord based upon any default or alleged default by Tenant hereunder, Landlord shall be deemed the prevailing party if (a) judgment is entered in favor of Landlord or (b) prior to trial or judgment Tenant shall pay all of the rent and charges claimed by ▇▇▇▇▇▇▇▇, eliminate the condition(s), cease the act(s) or otherwise cure the omission(s) claimed by Landlord to constitute a default by Tenant hereunder.

Expense of Litigation. If either party incurs any expense, including reasonable attorney's fees, in connection with any action or proceeding, including declaratory relief, instituted by either party by reason of any default or alleged default of the other party hereunder, the party prevailing in such action or proceeding shall be entitled to recover its reasonable expenses from the other party. If any party files for protection under, or voluntarily or involuntarily becomes subject to, any chapter of the United States Bankruptcy Code or similar state insolvency laws, any other party shall be entitled to any and all reasonable attorneys' fees, accountants' fees, expert witness fees, and any and all other similar fees, costs and expenses incurred to protect such party's interest and other rights under this Lease whether or not such action results in a discharge.

Expense of Litigation. (a) The second sentence of Section 13.04 of the lease form shall have no application with respect to this lease. (b) For the purposes of Section 13.04 of the lease form, the term "prevailing party" shall mean (i) the party determined to be the prevailing party by the judge or arbitrator before whom a matter is determined, if a matter is determined before a judge or arbitrator or (ii) if a matter is resolved without a judge or arbitrator, the party whose claim is closest to the actual resolution of a matter. By way of example of the operation of clause (ii), a resolution which results in payment by Tenant of all amounts claimed by Landlord or performance by Tenant of all obligations claimed to be due by ▇▇▇▇▇▇ would render Landlord as the prevailing party, while a resolution which results in payment by Tenant of less than one-half (1/2) of the amount claimed by Landlord or performance of only a portion of the obligations claimed to be due by ▇▇▇▇▇▇ would render Tenant as the prevailing party. Nothing herein shall prevent the parties, in any resolution of a claim or claims between them, from reaching a different agreement as to a prevailing party or that there is no prevailing party. In addition, if any dispute or claim is resolved without the filing of an action (or an arbitration proceeding under Addendum Section 4.03 or Section 13.09 of the lease form) (such as payment after a notice to pay or quit), there shall be no prevailing party and no entitlement to recovery of attorneys' fees unless the parties specifically agree to the contrary.

Expense of Litigation. If Sublessor or any Sublessee incurs any expense, including reasonable attorneys’ fees, in connection with any action or proceeding instituted by Sublessor against such Sublessee or such Sublessee against Sublessor by reason of any default or alleged default of the other party hereunder, the party prevailing in such action or proceeding shall be entitled to recover its reasonable expenses and attorneys’ fees from the other party in an amount determined by the court, whether or not such action goes to final judgment. In the event of settlement or final judgment in which neither party is awarded all of the relief prayed for, the prevailing party as determined by the court shall be entitled to recover from the other party reasonable expenses and attorneys’ fees in the amount determined by the court.