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And even if the hotels prevail, the public still loses.
If Owner, in connection with the foregoing or in connection with any default by Tenant in the covenant to pay rent hereunder, makes any expenditure or incurs any obligations for the payment of money, including but not limited to reasonable attorneys' fees, in instituting, prosecuting or defending any action or proceeding, and prevails in any such action or proceeding, then Tenant will reimburse Owner for such sums so paid or obligations incurred with interest and costs.
Under 1988, a person who sues under 1983 and prevails in the lawsuit is entitled not only to damages but also to an award for attorney's fees.
The judge took action because he believed the construction would cause immediate harm, and that the case would likely prevail in court based on its merits.
A spokesperson for the FDIC said usually State law prevails unless the Federal Recovery Act (FIRREA) of 1989 gives the FDIC or RTC a better position.