Need Advice on Water Submetering Contract Agreement

[Yuliany W.]

Hi,

I am considering to submeter the water in my apartment complexes. I have been in touch with one company (the other ones never got back to me) and they explain everything about the process. Everything seems good and straight forward. However, there is one clause in the contract agreement that I'm not sure about.

It says:

"If any action is commenced at law, equity or through arbitration (including an action for declaratory relief) to enforce or interpret the provisions of this agreement. The prevailing party shall be entitled to reasonable attorney's fee. Which may be set by the Court or Arbitrators in the same action or in a separate action brought for that purpose, in addition to any other relief".

They told me this means that if we were to sue them and if the final verdict was in their favor, we are obligated to pay for their attorney's fee.

My question is:

Is this a common clause for submetering companies? I don't feel comfortable agreeing to this term.

Please advise,

Thank you