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party shall be enti`.:ed to reco~:er frc,m the losing <br />party all costs incurred by t:~e orevailing party i <br />said action and any appal therefrom, includi <br />reasonable attorneys' fees zr.d court costs to he fire <br />by the Court therein. :n the e•:ent the Trust is mzde <br />a party to any litication bet.•een the Optionee znd anv <br />third party, then Optionee _. pay all costs znd <br />reasonable attorneys' fees incurred or irposed upon <br />the :'rust in connecti•~n with such litigation; <br />provided, however, if the Trust is ultimately held to <br />be lizbie, then the> Trust shall reimburse Optionee for <br />the cost of any reasonable attorneys' fees paid by <br />Optionee on behalf of the Trust. <br />IN WITNESS WHEREOF, thr.s Agreement is executed as of the <br />day and year first above set forth. <br />DUCOMMLIN BUSINESS TRUST <br /> <br />e , <br />BY ~ 6.7t,~ <br />,•,- <br />BY ~cr,~.,J ~7. ~,~,c,a~~ ~ <br />RE <br />a <br />BY <br />ATTE ST <br />Seczetazy <br />- 10 - • <br />