RecD96 1996-138988 - Laserfiche WebLink

Browse Search

an Event of Default, or otherwise arising out of this Agreement, the prevailing party in that action or proceeding is entitled to its costs and expenses of suit, including reasonable attorneys' fees, which are payable whether or not the action is prosecuted to judgment. (b) If either party must initiate or defend any action or proceeding with a third person (including, without limitation, any cross-complaint, counterclaim or third-party claim) because the other party is in default under this Agreement, or has failed to enforce this Agreement, or otherwise failed to perform duties or obligations arising out of this Agreement, whether that failure constitutes a default under this Agreement, and the party initiating or defending the action or proceeding prevails (c) Attorneys' fees under this Section 25 include attorneys' fees on any therein, then the prevailing party is entitled to reasonable attorneys' fees from the other party. appeal, and, in addition, a party entitled to attorneys' fees is entitled to receive all other reasonable costs and expenses incurred in connection with the action. 26. Certain Obligations Non-Recourse. Flatiron's obligations hereunder are intended to be the obligations of the limited partnership and of the corporations which are the managing general partner and any other general partner thereof only, and no recourse for the payment of any amount due under this Agreement or for any claim based thereon or otherwise in respect thereof, shall be had against any limited partner of Flatirons or any incorporator, shareholder, officer, director or affiliate, as such, past, present or future -40- DV AGR0'3.rxJC August 26, 1996