Common use of LITIGATION BETWEEN THE PARTIES Clause in Contracts

LITIGATION BETWEEN THE PARTIES. In the event suit is brought to enforce or interpret any part of this Lease, the prevailing party shall be entitled to recover (as element of its costs of suit, and not as damages) reasonable attorneys’ fees and costs incurred therein, and in any appeal in connection therewith, to be fixed by the court. The* “prevailing .party” shall be entitled to recover its costs of suit (whether or not allowable under California Code of Civil Procedure Section 1033.5), whether or not the suit proceeds to final judgment. No sum for attorneys’ fees and costs shall be counted in calculating the amount of a judgment for purposes of determining whether a party is entitled to recover its costs or attorneys’ fees and costs. The prevailing party shall further be entitled to recover all costs and fees incurred in connection with the enforcement of any judgment or order issued in connection with such litigation (including attorneys’ fees, ▇▇▇▇▇▇▇▇ fees, garnishment, third party examination, levy fees and costs, bankruptcy-related fees and costs, and postjudgment motions), and this provision shall not merge with such judgment and shall survive the entry thereof Any judgment entered in such action shall contain a specific provision providing for the recovery of such fees and costs incurred in enforcing such judgment.

LITIGATION BETWEEN THE PARTIES. In the event suit is brought to enforce or interpret any part of this Lease, the prevailing party shall be entitled to recover (recover, as an element of its costs of suit, and not as damages) , reasonable attorneys’ ' fees and costs incurred therein, and in any appeal in connection therewith, to be fixed by the court. The* “The "prevailing .party” party" shall be entitled to recover its costs of suit (whether or not allowable under California Code of Civil Procedure Section 1033.5), ) whether or not the suit proceeds to final judgment. No sum for attorneys’ ' fees and costs shall be counted in calculating the amount of a judgment for purposes of determining whether a party is entitled to recover its costs or attorneys’ ' fees and costs. The prevailing party shall further be entitled to recover all costs and fees incurred in connection with the enforcement of any judgment or order issued in connection with such litigation (including without limitation attorneys’ ' fees, ▇▇▇▇▇▇▇▇ fees, garnishment, third party examination, levy fees and costs, bankruptcy-related fees and costs, and postjudgment post-judgment motions), and this provision shall not merge with such judgment and shall survive the entry thereof thereof. Any judgment entered in such action shall contain a specific provision providing for the recovery of such fees and costs incurred in enforcing such judgment.