Civil Case (Tel Aviv) 35033-04-21 Lawful Refund Ltd. v. Dynamometer Factories for Vehicle Testing 1965 Ltd. - part 25

As to the plaintiff's undertaking to bear the costs of the experts, Kotler argued that he was not required to bear the costs of appraisers, with regard to the defendant's decision to change the course of the lease (p.  118, lines 2-3, 20-21).  According to him, the only thing he was required to pay was for "professionals who will be required for the purpose of the legal action" (p.  118, lines 5-6, 28-30).  Kotler confirmed in his testimony that in fact he did not make any payment (p.  119, lines 1-4) and noted that if he had been contacted, he would have borne expenses, if it was justified (p.  135, lines 1, 4-5).  The testimonies indicate that Adv. Eidelman contacted Kotler in a letter dated July 26, 2017, in which he informed Kotler "that the stage of extending the lease period for period No. 2-7 is currently taking place...  We refer the 2 lessees who are required to prepare a statement of claim to the Camille firm, who will arrange directly with them the payment for the preparation of the statement of claims.  If you have an obligation to pay this or perform this task, please let us know." (Appendix 10 to Fisher's affidavit).  Adv. Eidelman testified that he did not see any response on Kotler's behalf and that to the best of his knowledge, Kotler did not make the payment to the appraisers (p.  90, lines 89, lines 28-32, p.  90, lines 1-5).  In the summaries, the plaintiff claimed that this application dealt with determining the value of the land for the extension of the lease and not with the dispute that is the subject of the case that was conducted (section 59).  It should be noted that the "case" as defined in the first "because" of the agreement, is a civil case with the municipality and the authorities in general, on the subject of reducing the lease fees from the municipality, municipal taxation and any issue that will arise during negotiations with the municipality, in connection with the agreement and related to the property.  In other words, the treatment that was defined was not limited to the legal petition alone, and the definition of the case was broadly worded - any issue that would arise in connection with the agreement and related to the property.