Attorneys’ Fees. If any action or proceeding relating to this Agreement or the enforcement of any provision of this Agreement is brought against any party hereto, the prevailing party shall be entitled to recover reasonable attorneys' fees, costs and disbursements (in addition to any other relief to which the prevailing party may be entitled).
Appears in 171 contracts
Samples: Asset Purchase Agreement (PureBase Corp), Asset Purchase Agreement (Eco Science Solutions, Inc.), Asset Purchase Agreement (Separation Degrees - One, Inc.)
Attorneys’ Fees. If In the event of any action or proceeding relating to this Agreement declare or enforce the enforcement of any provision terms of this Agreement is brought against any party hereto(including the documents and instruments referred to herein), the prevailing party shall be entitled to recover its reasonable attorneys' fees’ fees and other costs, costs and disbursements (in addition to any other relief to which the prevailing party that may be entitled).granted. [Signature page follows]
Appears in 115 contracts
Samples: Purchase and Sale Agreement (Otis Gallery LLC), Purchase and Sale Agreement (Otis Gallery LLC), Purchase and Sale Agreement (Otis Gallery LLC)
Attorneys’ Fees. If any action or proceeding relating is brought to this Agreement or enforce the enforcement of any provision terms of this Agreement is brought against any party heretoAgreement, the prevailing party shall will be entitled to recover its reasonable attorneys' ’ fees, costs and disbursements (expenses from the other party, in addition to any other relief to which the prevailing party may be entitled).
Appears in 83 contracts
Samples: First Rsu Agreement (Energous Corp), Consulting Agreement (Aeglea BioTherapeutics, Inc.), Non Competition Agreement (Bill.com Holdings, Inc.)
Attorneys’ Fees. If any action or proceeding relating to this Agreement or the enforcement of any provision of this Agreement is brought against any party hereto, the prevailing party shall be entitled to recover reasonable attorneys' ’ fees, costs and disbursements (in addition to any other relief to which the prevailing party may be entitled).
Appears in 58 contracts
Samples: Asset Purchase Agreement (Moxian (BVI) Inc), Asset Acquisition Agreement, Royalty Agreement (Lode-Star Mining Inc.)
Attorneys’ Fees. If any legal action or other legal proceeding relating to this Agreement or the enforcement of any provision of this Agreement is brought against any party heretoStockholder, the prevailing party shall be entitled to recover reasonable attorneys' ’ fees, costs and disbursements (in addition to any other relief to which the prevailing party may be entitled).
Appears in 45 contracts
Samples: Voting and Support Agreement (Primoris Services Corp), Voting and Support Agreement (Primoris Services Corp), Voting and Support Agreement (Primoris Services Corp)
Attorneys’ Fees. If any legal action or other legal proceeding (including arbitration) relating to the performance under this Agreement or the enforcement of any provision of this Agreement is brought against any party either Party hereto, the prevailing party Party shall be entitled to recover reasonable attorneys' fees, costs and disbursements (in addition to any other relief to which the prevailing party Party may be entitled).
Appears in 44 contracts
Samples: Registry Agreement (Verisign Inc/Ca), Registry Agreement, Registry Registrar Agreement
Attorneys’ Fees. If any action or proceeding relating to this Agreement Agreement, or the enforcement of any provision of this Agreement is brought by a party hereto against any party hereto, the prevailing party shall be entitled to recover reasonable attorneys' ’ fees, costs and disbursements (in addition to any other relief to which the prevailing party may be entitled).
Appears in 40 contracts
Samples: Share Exchange Agreement (Coretec Group Inc.), Share Exchange Agreement (Yuenglings Ice Cream Corp), Share Exchange Agreement (Yuenglings Ice Cream Corp)
Attorneys’ Fees. If any lawsuit or other action or proceeding relating to this Agreement or the enforcement of any provision of this Agreement is brought by a party hereto against any the other party hereto, the prevailing party shall be entitled to recover reasonable attorneys' fees, costs and disbursements (including allocated costs and disbursements of in-house counsel), in addition to any other relief to which the prevailing party may be entitled).
Appears in 40 contracts
Samples: Master Custody Agreement (Franklin ETF Trust), Master Custody Agreement (Franklin Equity Fund), Custody Agreement (Franklin Strategic Mortgage Portfolio)
Attorneys’ Fees. If Should any action or other proceeding relating be necessary to enforce any of the provisions of this Agreement or the enforcement of any provision of this Agreement is brought against any party heretovarious transactions contemplated hereby, the prevailing party shall will be entitled to recover its actual reasonable attorneys' fees, costs ’ fees and disbursements (in addition to any other relief to which expenses from the non-prevailing party may be entitled)party.
Appears in 40 contracts
Samples: Management Services Agreement (Value Add Growth REIT IV, LLC), Management Services Agreement (Multi-Housing Income REIT, LLC), Management Agreement (Armour Residential REIT, Inc.)
Attorneys’ Fees. If The prevailing party in any suit, action or other proceeding arising out of or relating to this Agreement or the enforcement of any provision of this Agreement is brought against any party heretotransactions contemplated hereby, the prevailing party shall be entitled to recover its costs and reasonable attorneys' fees, costs and disbursements (in addition to any other relief to which the prevailing party may be entitled).
Appears in 40 contracts
Samples: Underwriting Agreement (Rolling Pin Kitchen Emporium Inc), Underwriting Agreement (Protosource Corp), Warrant Agreement (Entropin Inc)
Attorneys’ Fees. If any action or proceeding relating to Except as otherwise expressly provided in this Agreement or Agreement, in the enforcement event of any litigation brought in law or equity to enforce any material provision of this Agreement is brought against any party heretoAgreement, the prevailing party Party shall be entitled to recover its reasonable attorneys' fees, fees and court costs and disbursements (in addition to any from the other relief to which the prevailing party may be entitled)Party.
Appears in 23 contracts
Samples: Real Estate Purchase Agreement, Real Estate Purchase Agreement, Real Estate Purchase Agreement
Attorneys’ Fees. If any legal proceeding or other action or proceeding relating to this Agreement or the enforcement of any provision of this Agreement is brought against any party heretoor otherwise initiated, the prevailing party Party shall be entitled to recover reasonable attorneys' attorneys fees, costs and disbursements (in addition to any other relief to which the prevailing party Party may be entitled).
Appears in 22 contracts
Samples: Share Exchange Agreement (Raybor Management Inc), Share Exchange Agreement (Raybor Management Inc), Asset Contribution Agreement (Multicell Technologies Inc.)
Attorneys’ Fees. If any action or other proceeding relating to this Agreement or the enforcement of any provision of this Agreement is brought against by any party hereto, the prevailing party shall be entitled to recover reasonable attorneys' fees, costs and disbursements (in addition to any other relief to which the prevailing party may be entitled).
Appears in 22 contracts
Samples: Stock Purchase Agreement (Amazing Technologies Corp.), Stock Purchase Agreement (Amazing Technologies Corp.), Employment Agreement (Xfone Inc)
Attorneys’ Fees. If any legal action or other legal proceeding (including arbitration) relating to the performance under this Agreement or the enforcement of any provision of this Agreement is brought against any party either Party hereto, the prevailing party Party shall be entitled to recover reasonable attorneys' ’ fees, costs and disbursements (in addition to any other relief to which the prevailing party Party may be entitled).
Appears in 21 contracts
Samples: Registry Registrar Agreement, Registry Registrar Agreement, Registry Registrar Agreement
Attorneys’ Fees. If any action or proceeding Legal Proceeding relating to this Agreement or the enforcement of any provision of this Agreement is brought against any party hereto, the prevailing party shall be entitled to recover reasonable attorneys' ’ fees, costs and disbursements (in addition to any other relief to which the prevailing party may be entitled).
Appears in 20 contracts
Samples: Asset Acquisition Agreement (Panacea Acquisition Corp), Asset Purchase Agreement and Plan of Reorganization (Biodesix Inc), Agreement and Plan of Merger (Sorrento Therapeutics, Inc.)
Attorneys’ Fees. If any legal action or other legal proceeding relating to this Agreement or the enforcement of any provision of this Agreement is brought against any other party heretoto this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees, costs and disbursements (in addition to any other relief to which the prevailing party may be entitled).
Appears in 18 contracts
Samples: Stockholder Agreement (Prima Energy Corp), Stockholder Agreement (Prima Energy Corp), Stockholder Agreement (Prima Energy Corp)
Attorneys’ Fees. If any legal action or other legal proceeding relating to this Agreement any of the Transactional Agreements or the enforcement of any provision of this Agreement any of the Transactional Agreements is brought against any party hereto, the prevailing party shall be entitled to recover reasonable attorneys' fees, costs and disbursements (in addition to any other relief to which the prevailing party may be entitled).
Appears in 17 contracts
Samples: Stock Exchange Agreement (American Enterprise Development Corp), Stock Exchange Agreement (Cyber Law Reporter Inc), Stock Purchase Agreement (Titan Corp)
Attorneys’ Fees. If In any action or proceeding relating brought to enforce this Agreement or because of the enforcement breach by any Party of any provision of this Agreement is brought against any party heretocovenant or condition herein contained, the prevailing party Party shall be entitled to recover reasonable attorneys' fees, costs and disbursements ’ fees (including reasonably allocated fees of in-house counsel) in addition to court costs and any and all other relief to which the prevailing party may be entitled)costs recoverable in said action.
Appears in 16 contracts
Samples: Solar Power Purchase Agreement, Renewable Power Purchase Agreement, Renewable Power Purchase Agreement
Attorneys’ Fees. If any action or other proceeding relating is brought to this Agreement interpret or the enforcement of enforce any provision of this Agreement is brought against any party heretoAgreement, the prevailing party shall be entitled to recover reasonable attorneys' fees, costs ’ fees and disbursements (in addition to any other relief to which the prevailing party may be entitled)expenses.
Appears in 15 contracts
Samples: First Agreement, Credit Loan Agreement, Second Agreement (TRI Pointe Homes, Inc.)
Attorneys’ Fees. If any legal action or other proceeding relating to this Agreement or is brought for the enforcement of any provision of this Agreement is brought against any party heretoAgreement, the prevailing party shall be entitled to recover reasonable attorneys' feesfees and other costs incurred in that action or proceeding, costs and disbursements (in addition to any other relief to which the prevailing party it may be entitled).
Appears in 15 contracts
Samples: Employment Agreement (Ticketmaster), Employment Agreement (Ticketmaster), Employment Agreement (Ticketmaster)
Attorneys’ Fees. If In any action or proceeding relating hereunder to this Agreement or enforce the enforcement of any provision provisions of this Agreement is brought against any party heretoAgreement, the prevailing party shall be entitled to recover its reasonable attorneys' fees, costs and disbursements (’ fees in addition to any other relief to which the prevailing party may be entitled)recovery hereunder.
Appears in 15 contracts
Samples: Intellectual Property License Agreement (Quantrx Biomedical Corp), Master Purchase Agreement (International Rectifier Corp /De/), Intellectual Property License Agreement (Vishay Precision Group, Inc.)
Attorneys’ Fees. If any action or other proceeding relating to this Agreement or the enforcement of any provision of this Agreement is brought against by any party hereto, the prevailing party shall be entitled to recover reasonable attorneys' ’ fees, costs costs, and disbursements (in addition to any other relief to which the prevailing party may be entitled).
Appears in 15 contracts
Samples: Agreement and Plan of Merger (Ikena Oncology, Inc.), Agreement and Plan of Merger (Ikena Oncology, Inc.), Agreement and Plan of Reorganization (Cullen Agricultural Holding Corp)
Attorneys’ Fees. If In the event of any action controversy, claim or proceeding dispute between the parties hereto arising out of or relating to this Agreement or the enforcement of any provision of either party’s performance under this Agreement is brought against any party heretoAgreement, the prevailing party shall be entitled to recover from the losing party reasonable attorneys' fees, ’ and experts’ fees and expenses and other costs and disbursements (in addition to any other relief to which reasonably incurred by the prevailing party may be entitled)in enforcing its rights under this Agreement.
Appears in 14 contracts
Samples: Co Packing Agreement, Co Packing Agreement, Co Packing Agreement (WHITEWAVE FOODS Co)
Attorneys’ Fees. If any action or proceeding relating is brought to this Agreement or enforce the enforcement of any provision terms of this Agreement is brought against any party heretoagreement, the prevailing party shall will be entitled to recover its reasonable attorneys' ’ fees, costs and disbursements (expenses from the other party, in addition to any other relief to which the prevailing party may be entitled).
Appears in 13 contracts
Samples: Cineverse Corp., Acutus Medical, Inc., Corsair Gaming, Inc.
Attorneys’ Fees. If any action or proceeding relating to this Agreement or the enforcement of any provision of this Agreement is brought by either party hereto against any party heretothe other party, the prevailing party shall be entitled to recover reasonable attorneys' fees, costs and disbursements (in addition to any other relief to which the prevailing party may be entitled)disbursements.
Appears in 12 contracts
Samples: Purchase and Sale Agreement (MVP Holdings Corp), Intellectual Property Security Agreement (Southwall Technologies Inc /De/), Loan Agreement (Crocs, Inc.)
Attorneys’ Fees. If any action or proceeding relating to this Agreement or the enforcement of any provision of this Agreement is brought against any party hereto, the prevailing party shall be entitled to recover reasonable attorneys' ’ fees, costs and disbursements (in addition to any other relief to which the prevailing party may be entitled).
Appears in 12 contracts
Samples: Noncompetition and Nonsolicitation Agreement (Clinical Data Inc), Noncompetition and Nonsolicitation Agreement (Transgenomic Inc), Security Agreement (Clinical Data Inc)
Attorneys’ Fees. If any legal action arises or proceeding relating is brought to this Agreement or enforce the enforcement of any provision terms of this Agreement is brought against any party heretoAgreement, the prevailing party shall be entitled to recover its reasonable attorneys' ’ fees, costs and disbursements (expenses from the other party, in addition to any other relief to which the such prevailing party may be entitled), except where the law provides otherwise. The costs and expenses that may be recovered exclude arbitration fees pursuant to paragraph 12 above.
Appears in 12 contracts
Samples: Executive Employment Agreement (Talon International, Inc.), Executive Employment Agreement (Talon International, Inc.), Executive Employment Agreement (Talon International, Inc.)
Attorneys’ Fees. If any legal proceeding or other action or proceeding relating to this Agreement or the enforcement of any provision of this Agreement is brought against any party heretoor otherwise initiated, the prevailing party shall be entitled to recover reasonable attorneys' attorneys fees, costs and disbursements (in addition to any other relief to which the prevailing party may be entitled).
Appears in 12 contracts
Samples: Merger Agreement (Pervasive Software Inc), Merger Agreement (Vignette Corp), Agreement and Plan of Reorganization (Patina Oil & Gas Corp)
Attorneys’ Fees. If any action or proceeding Legal Proceeding relating to this Agreement or the enforcement of any provision of this Agreement is brought against any party hereto, the prevailing party shall be entitled to recover reasonable attorneys' fees, costs and disbursements (in addition to any other relief to which the prevailing party may be entitled).
Appears in 11 contracts
Samples: Stock Purchase Agreement (Silicon Graphics International Corp), Agreement and Plan of Merger (Newlink Genetics Corp), Registration Rights Agreement (Chordiant Software Inc)
Attorneys’ Fees. If any action or proceeding relating to this Agreement or the enforcement of any provision of this Agreement is brought against any party Party hereto, the prevailing party Party shall be entitled to recover reasonable attorneys' ’ fees, costs and disbursements (in addition to any other relief to which the prevailing party may be entitled).
Appears in 11 contracts
Samples: Agreement and Plan of Merger (Super League Gaming, Inc.), Merger Agreement (Bluephoenix Solutions LTD), Agreement and Plan of Merger (Bluephoenix Solutions LTD)
Attorneys’ Fees. If any legal action or other legal proceeding relating to this Agreement any of the Transactional Agreements or the enforcement of any provision of this Agreement any of the Transactional Agreements is brought against any party heretoto this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' ’ fees, costs and disbursements (in addition to any other relief to which the prevailing party may be entitled).
Appears in 11 contracts
Samples: Contribution Agreement (Jazz Semiconductor Inc), Asset Contribution Agreement (Ndchealth Corp), Asset Purchase Agreement and Plan of Reorganization (Imageware Systems Inc)
Attorneys’ Fees. If any legal action or other legal proceeding relating to this Agreement or the enforcement of any provision of this Agreement is brought against any party hereto, the prevailing party shall be entitled to recover reasonable attorneys' ’ fees, costs and disbursements (in addition to any other relief to which the prevailing party may be entitled).
Appears in 10 contracts
Samples: Voting and Support Agreement (Vector Capital V, L.P.), Voting and Support Agreement (Cornerstone OnDemand Inc), Form of Voting and Support Agreement (SharpSpring, Inc.)
Attorneys’ Fees. If any action or proceeding In the event either party brings a claim relating to this Agreement or arising out of the breach, interpretation, or enforcement of any provision of this Agreement is brought against any party heretoAgreement, the prevailing party shall be entitled to recover such party’s reasonable attorneys' fees, ’ fees and costs and disbursements (in addition with regard to any other relief to which the prevailing party may be entitled)such claim.
Appears in 10 contracts
Samples: Employment Agreement (Habit Restaurants, Inc.), Employment Agreement (Habit Restaurants, Inc.), Employment Agreement (Habit Restaurants, Inc.)
Attorneys’ Fees. If any action or proceeding relating to this Agreement Agreement, or the enforcement of any provision of this Agreement is brought by a party hereto against any party hereto, the prevailing party shall be entitled to recover reasonable attorneys' fees, costs and disbursements (in addition to any other relief to which the prevailing party may be entitled).
Appears in 9 contracts
Samples: Agreement and Plan of Merger (JUVA LIFE INC./Canada), Agreement and Plan of Merger (Apotheca Biosciences, Inc.), Escrow Agreement (Avant Diagnostics, Inc)
Attorneys’ Fees. If The prevailing party in any action proceeding brought to enforce or proceeding relating to this Agreement or the enforcement of interpret any provision of this Agreement is brought against any party hereto, the prevailing party shall be entitled to recover its reasonable attorneys' attorney's fees, costs and disbursements (incurred in addition connection with such proceeding, including but not limited to the costs of experts, accountants and consultants and all other costs and services reasonably related to the proceeding, including those incurred in any other relief to which bankruptcy or appeal, from the non-prevailing party may be entitled)or parties.
Appears in 9 contracts
Samples: Agreement and Plan of Reorganization (New World Publishing Inc /Co/), Agreement and Plan of Reorganization (Internet Golf Association Inc), Agreement and Plan of Reorganization (Bongiovi Entertainment Inc)
Attorneys’ Fees. If any action or proceeding relating to this Agreement or the enforcement of any provision of this Agreement is brought by either party hereto against any party heretothe other party, the prevailing party shall be entitled to recover reasonable attorneys' attorneys fees, costs and disbursements (in addition to any other relief to which the prevailing party may be entitled)disbursements.
Appears in 9 contracts
Samples: Business Loan Agreement (Monterey Gourmet Foods), Intellectual Property Security Agreement (Matrixx Initiatives Inc), Intellectual Property Security Agreement (Matrixx Initiatives Inc)
Attorneys’ Fees. If any action or proceeding Legal Proceeding relating to this Voting Agreement or the enforcement of any provision of this Voting Agreement is brought against any party heretoStockholder, the prevailing party shall be entitled to recover reasonable attorneys' ’ fees, costs and disbursements (in addition to any other relief to which the prevailing party may be entitled).
Appears in 9 contracts
Samples: Voting Agreement (Symyx Technologies Inc), Voting Agreement (Opnext Inc), Voting Agreement (Oclaro, Inc.)
Attorneys’ Fees. If any action or proceeding relating to this Agreement or is brought for the enforcement of this agreement, or because of a dispute in connection with any provision of this Agreement is brought against any party heretoits provisions, the prevailing party shall be is entitled to recover reasonable outside attorneys' fees’ fees and other costs incurred in the proceeding, costs and disbursements (in addition to any other relief to which the prevailing party it may be entitled).
Appears in 8 contracts
Samples: Term Purchase Agreement, NFT Purchase Agreement, Purchase Agreement
Attorneys’ Fees. If any legal action or other legal proceeding relating to this Noncompetition Agreement or the enforcement of any provision of this Noncompetition Agreement is brought against any party heretoStockholder, the prevailing party shall be entitled to recover reasonable attorneys' fees, costs and disbursements (in addition to any other relief to which the prevailing party may be entitled).
Appears in 8 contracts
Samples: Noncompetition Agreement, Noncompetition Agreement (Adobe Systems Inc), Noncompetition Agreement (Adobe Systems Inc)
Attorneys’ Fees. If any action or proceeding Legal Proceeding relating to this Agreement or the enforcement of any provision of this Agreement is brought against any party heretoto this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' ’ fees, costs and disbursements (in addition to any other relief to which the prevailing party may be entitled).
Appears in 8 contracts
Samples: Stock Purchase Agreement, Share Purchase Agreement (Sorrento Therapeutics, Inc.), Stock Purchase Agreement (Sorrento Therapeutics, Inc.)
Attorneys’ Fees. If any either party brings an action or proceeding relating seeks to this Agreement enforce or interpret any of the enforcement of any provision terms or provisions of this Agreement is brought against any party heretoAgreement, the prevailing party shall be entitled to recover its reasonable attorneys' feesfees and costs, costs and disbursements (in addition to any other relief to which the prevailing party remedy it may be entitled)awarded.
Appears in 8 contracts
Samples: Non Plan Non Statutory Stock Option Agreement (Axonyx Inc), Option Agreement (Agouron Pharmaceuticals Inc), Option Agreement (Agouron Pharmaceuticals Inc)
Attorneys’ Fees. If any legal action or other legal proceeding --------------- relating to this Agreement or the enforcement of any provision of this Agreement is brought against any party heretoStockholder, the prevailing party shall be entitled to recover reasonable attorneys' fees, costs and disbursements (in addition to any other relief to which the prevailing party may be entitled).
Appears in 7 contracts
Samples: Tender Agreement (Guest Supply Inc), Tender Agreement (Guest Supply Inc), Tender Agreement (Guest Supply Inc)
Attorneys’ Fees. If any party to this Agreement brings an action or proceeding relating to directly or indirectly based upon this Agreement or the enforcement of any provision of this Agreement is brought matters contemplated hereby against any party heretoanother party, the prevailing party shall be entitled to recover reasonable attorneys' feesrecover, costs and disbursements (in addition to any other relief to which the prevailing party may be entitled)appropriate amounts, its reasonable costs and expenses in connection with such action or proceeding, including, but not limited to, reasonable attorneys’ fees and court costs.
Appears in 7 contracts
Samples: Consulting Agreement (SilverSun Technologies, Inc.), Consulting Agreement (SilverSun Technologies, Inc.), Consulting Agreement (Baby Fox International, Inc.)
Attorneys’ Fees. If any action or proceeding relating to this Agreement or the enforcement of any provision of this Security Agreement is brought by either party hereto against any party heretothe other party, the prevailing party shall be entitled to recover reasonable attorneys' fees, costs and disbursements (in addition to any other relief to which the prevailing party may be entitled)disbursements.
Appears in 7 contracts
Samples: Patent Mortgage and Security Agreement (Calypso Wireless Inc), Security Agreement (Netiq Corp), Loan Agreement (Extricity Inc)
Attorneys’ Fees. If any action action, claim, suit or proceeding relating to this Agreement or any of the Related Agreements or the enforcement of any provision of this Agreement thereof is brought against any party heretoparty, the prevailing party shall be entitled to recover reasonable attorneys' ’ fees, costs and disbursements (disbursements, in addition to any other relief to which the prevailing party may be entitled).
Appears in 7 contracts
Samples: Agreement and Plan of Merger (AVG Technologies N.V.), Agreement and Plan of Merger (Matinas BioPharma Holdings, Inc.), Agreement and Plan of Merger (Amicus Therapeutics Inc)
Attorneys’ Fees. If suit or action is filed by any action or proceeding relating Party to enforce the provisions of this Agreement or otherwise with respect to the enforcement of any provision subject matter of this Agreement is brought against any party heretoAgreement, the prevailing party Party shall be entitled to recover reasonable attorneys' fees, costs and disbursements ’ fees related thereto (in addition to any other relief to which as the prevailing party may be entitledParty and the amount of recoverable attorneys’ fees are determined by a court of competent jurisdiction in a final non-appealable order).
Appears in 7 contracts
Samples: Purchase and Sale Agreement (TerraForm Power, Inc.), Purchase and Sale Agreement (TerraForm Power, Inc.), Purchase and Sale Agreement (TerraForm Power, Inc.)
Attorneys’ Fees. If any action or proceeding Proceeding relating to this Agreement or the enforcement of any provision of this Agreement is brought against any party hereto, the prevailing party shall be entitled to recover reasonable attorneys' fees, costs and disbursements (in addition to any other relief to which the prevailing party may be entitled).
Appears in 7 contracts
Samples: Stock Purchase Agreement (Turcotte William Ii), Agreement and Plan of Merger (Netivation Com Inc), Agreement and Plan of Merger (Netivation Com Inc)
Attorneys’ Fees. If Should any action or other proceeding relating be necessary to enforce any of the provisions of this Agreement or the enforcement of any provision of this Agreement is brought against any party heretovarious transactions contemplated hereby, the prevailing party shall will be entitled to recover its actual reasonable attorneys' fees, costs ’ fees and disbursements (in addition to any other relief to which expenses from the non- prevailing party may be entitled)party.
Appears in 7 contracts
Samples: Management Services Agreement, Management Agreement (New York Mortgage Trust Inc), Management Agreement (New York Mortgage Trust Inc)
Attorneys’ Fees. If In any action or proceeding relating brought to enforce this Agreement or because of the enforcement breach by any Party of any provision of this Agreement is brought against any party heretocovenant or condition herein contained, the prevailing party Party shall be entitled to recover reasonable attorneys' fees, costs and disbursements ’ fees (including reasonably allocated fees of in-house counsel) in addition to court costs and any and all other relief to which the prevailing party may be entitled).costs recoverable in said action.
Appears in 7 contracts
Samples: Consent and Agreement, Consent and Agreement, Consent and Agreement
Attorneys’ Fees. If any party shall commence any action or proceeding relating against the other in order to enforce the provisions of this Agreement Agreement, or to recover damages as the enforcement result of the alleged breach of any provision of the provisions of this Agreement is brought against any party heretoAgreement, the prevailing party therein shall be entitled to recover all reasonable costs incurred in connection therewith against the party commencing such action or the party who has breached this Agreement, as the case may be, including reasonable attorneys' ’ fees, costs and disbursements (in addition to any other relief to which the prevailing party may be entitled).
Appears in 7 contracts
Samples: Confidential Disclosure Agreement, Executive Employment Agreement (Sun Energy Solar Inc), Executive Employment Agreement (Sun Energy Solar Inc)
Attorneys’ Fees. If any action or proceeding relating to this Agreement or In the enforcement event of any provision dispute between the parties arising out of this Agreement is brought against any party heretoAgreement, the prevailing party Party shall be entitled to recover reasonable attorneys' feesentitled, costs and disbursements (in addition to any other relief rights and remedies it may have, to which the prevailing party may be entitled)recover its reasonable attorneys’ fees and costs.
Appears in 7 contracts
Samples: Intellectual Property License Agreement (Lexaria Bioscience Corp.), Intellectual Property License Agreement (Lexaria Bioscience Corp.), Intellectual Property License Agreement (Lexaria Bioscience Corp.)
Attorneys’ Fees. If any legal proceeding or other action or proceeding relating to this Agreement or the enforcement of any provision of this Agreement is brought against any party heretoor otherwise initiated, the prevailing party Party shall be entitled to recover reasonable attorneys' attorney’s fees, costs and disbursements (in addition to any other relief to which the prevailing party Party may be entitled).
Appears in 7 contracts
Samples: Asset Purchase Agreement (Zogenix, Inc.), Asset Purchase Agreement (Zogenix, Inc.), Asset Purchase Agreement (Trestle Holdings Inc)
Attorneys’ Fees. If any legal action or other legal proceeding relating to this Noncompetition Agreement or the enforcement of any provision of this Noncompetition Agreement is brought against any party heretoExecutive, the prevailing party shall be entitled to recover reasonable attorneys' ’ fees, costs and disbursements (in addition to any other relief to which the prevailing party may be entitled).
Appears in 6 contracts
Samples: Executive Employment Agreement (KL Energy Corp), Consulting Agreement (KL Energy Corp), Executive Employment Agreement (KL Energy Corp)
Attorneys’ Fees. If In any action to interpret or proceeding relating to this Agreement or enforce the enforcement of any provision terms of this Agreement is brought against any party heretoAgreement, the prevailing party Party shall be entitled to recover its costs, including reasonable attorneys' attorney's fees, costs and disbursements (in addition to any other relief to which the prevailing party such Party may be entitled).
Appears in 6 contracts
Samples: Separation Agreement and General Release (Lifevantage Corp), Separation Agreement and General Release (Lifevantage Corp), Separation Agreement and General Release (Lifevantage Corp)
Attorneys’ Fees. If any action at law or proceeding relating in equity is necessary to this Agreement enforce or interpret the enforcement of any provision terms of this Agreement is brought against any party heretoAgreement, the prevailing party shall be entitled to recover reasonable attorneys' attorney’s fees, costs and necessary disbursements (from the non-prevailing party in addition to any other relief to which the prevailing such party may be entitled).
Appears in 6 contracts
Samples: Employment Agreement (TOMI Environmental Solutions, Inc.), Employment Agreement (TOMI Environmental Solutions, Inc.), Employment Agreement (TOMI Environmental Solutions, Inc.)
Attorneys’ Fees. If any lawsuit or other action or proceeding relating to this Agreement or the enforcement of any provision of this Agreement is brought by either party hereto against any the other party hereto, the prevailing party shall be entitled to recover reasonable attorneys' ’ fees, costs and disbursements (in addition to any other relief to which the prevailing party may be entitled).
Appears in 6 contracts
Samples: Employment Agreement (Ants Software Inc), Ants Employment Agreement (Ants Software Inc), Employment Agreement (Ants Software Inc)
Attorneys’ Fees. If any action or proceeding relating to this Agreement or the enforcement of any provision of this Agreement is brought against any party Party hereto, the prevailing party Party shall be entitled to recover reasonable attorneys' ’ fees, costs and disbursements (in addition to any other relief to which the prevailing party Party may be entitled).
Appears in 6 contracts
Samples: Asset Purchase Agreement, Agreement and Plan of Merger (theMaven, Inc.), Asset Purchase Agreement (theMaven, Inc.)
Attorneys’ Fees. If any either party commences an action or proceeding relating against the other to enforce this Agreement or because of the enforcement of any provision breach by either party of this Agreement is brought against any party heretoAgreement, the prevailing party in such action shall be entitled to recover reasonable attorneys' attorney fees, costs costs, and disbursements expenses (including expert fees and costs) incurred in connection with the prosecution or defense of such action, including any appeal, in addition to any all other relief to which the prevailing party may be entitled)relief.
Appears in 6 contracts
Samples: Purchase Agreement (KBS Real Estate Investment Trust, Inc.), Purchase Agreement (KBS Real Estate Investment Trust, Inc.), Purchase Agreement (Columbia Equity Trust, Inc.)
Attorneys’ Fees. If In any action or proceeding relating brought to this Agreement --------------- enforce or the enforcement of interpret any provision of this Agreement is brought against any party heretoAgreement, the prevailing party shall will be entitled to recover reasonable attorneys' fees, costs and disbursements (fees in addition to any other relief to which the prevailing party may be entitled)available remedy.
Appears in 6 contracts
Samples: Restricted Stock Agreement (Daou Systems Inc), Employment Agreement (Daou Systems Inc), Stock Pledge Agreement (Daou Systems Inc)
Attorneys’ Fees. If any legal action or other legal proceeding relating to this Agreement or the enforcement of any provision of this Agreement is brought against any party heretoShareholder, the prevailing party shall be entitled to recover reasonable attorneys' ’ fees, costs and disbursements (in addition to any other relief to which the prevailing party may be entitled).
Appears in 6 contracts
Samples: Form of Voting Agreement (Website Pros Inc), Voting Agreement (Sys), Voting Agreement (Sys)
Attorneys’ Fees. If any action or proceeding relating is brought to this Agreement or enforce the enforcement of any provision terms of this Agreement is brought against any party heretoAgreement, the prevailing party shall Party will be entitled to recover its reasonable attorneys' ’ fees, costs and disbursements (expenses from the other party, in addition to any other relief to which the prevailing party Party may be entitled).
Appears in 6 contracts
Samples: Transition Agreement, Separation Agreement, Executive Transition Agreement (Cloudera, Inc.)
Attorneys’ Fees. If any legal action or other legal proceeding relating to this Agreement or the enforcement of any provision of this Agreement is brought against any party heretoto this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' ’ fees, costs and disbursements (in addition to any other relief to which the prevailing party may be entitled).
Appears in 6 contracts
Samples: Escrow Agreement (Apricus Biosciences, Inc.), Stock Purchase Agreement (Heat Biologics, Inc.), Share Purchase Agreement (Procera Networks Inc)
Attorneys’ Fees. If any action or other proceeding relating to this Agreement or the enforcement of any provision of this Agreement is brought against by any party hereto, the prevailing party shall be entitled to recover reasonable attorneys' attorney’s fees, costs and disbursements (in addition to any other relief to which the prevailing party may be entitled).
Appears in 6 contracts
Samples: Agreement and Plan of Merger (Biosphere Medical Inc), Agreement and Plan of Merger (Merit Medical Systems Inc), Agreement and Plan of Merger (Internap Network Services Corp)
Attorneys’ Fees. If any a civil action or other proceeding relating to this Agreement or the enforcement of any provision of this Agreement is brought against any party heretoto enforce this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' attorney’s fees, costs costs, and disbursements (expenses incurred, in addition to any other relief to which the prevailing such party may be entitled).
Appears in 6 contracts
Samples: Severance Agreement (Merit Medical Systems Inc), Separation Agreement and Release of All Claims (Merit Medical Systems Inc), Separation Agreement and Release of All (Altair Nanotechnologies Inc)
Attorneys’ Fees. If any legal action or proceeding other Legal Proceeding relating to this Noncompetition Agreement or the enforcement of any provision of this Noncompetition Agreement is brought against any party hereto, the prevailing party shall be entitled to recover reasonable attorneys' ’ fees, costs and disbursements (in addition to any other relief to which the prevailing party may be entitled).
Appears in 6 contracts
Samples: Non Competition and Non Solicitation Agreement (Integrated Device Technology Inc), Non Competition and Non Solicitation Agreement (GigPeak, Inc.), Non Competition and Non Solicitation Agreement (Adobe Systems Inc)
Attorneys’ Fees. If any action or proceeding relating is brought to this Agreement enforce or the enforcement of interpret any provision of this Agreement is brought against any party heretoAgreement, the prevailing party shall be entitled to recover as an element of its costs, and not its damages, reasonable attorneys' fees, costs and disbursements (in addition ’ fees to any other relief to which be fixed by the prevailing party may be entitled)court.
Appears in 5 contracts
Samples: Stock Issuance Agreement (Liberator, Inc.), Stock Issuance Agreement (Tibet Pharmaceuticals, Inc.), Stock Issuance Agreement (Amiworld, Inc.)
Attorneys’ Fees. If any action or proceeding Legal Proceeding relating to this Agreement or the enforcement of any provision of this Agreement is brought against any party heretoto this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' ’ fees, costs and disbursements (in addition to any other relief to which the prevailing party may be entitled).
Appears in 5 contracts
Samples: Share Exchange Agreement (PV Nano Cell, Ltd.), Share Exchange Agreement (Motus GI Holdings, Inc.), Share Exchange Agreement (PV Nano Cell, Ltd.)
Attorneys’ Fees. If In the event any action or proceeding relating to Proceeding is brought in respect of this Agreement or any of the enforcement of any provision of documents referred to in this Agreement is brought against any party heretoAgreement, the prevailing party shall will be entitled to recover reasonable attorneys' fees’ fees and other costs incurred in such Proceeding, costs and disbursements (in addition to any other relief to which the prevailing such party may be entitled).
Appears in 5 contracts
Samples: Limited Liability Company Membership Interest Purchase Agreement (Cannapharmarx, Inc.), Share Purchase Agreement (Xspand Products Lab, Inc.), Membership Interest Purchase Agreement (Helix TCS, Inc.)
Attorneys’ Fees. If any legal action or other legal proceeding (including arbitration) relating to the performance under this Agreement or the enforcement of any provision of this Agreement is brought against any party hereto, the substantially prevailing party shall be entitled to recover reasonable attorneys' fees, costs and disbursements (in addition to any other relief to which the prevailing party may be entitled).
Appears in 5 contracts
Samples: Authorized Reseller Agreement, Authorized Reseller Agreement, Amendment Agreement Registration Service Provider Agreement
Attorneys’ Fees. If any action or proceeding relating to this Agreement or the enforcement of any provision of this Agreement is brought by either party hereto against any party heretothe other party, the prevailing party shall be entitled to recover reasonable attorneys' ’ fees, costs and disbursements (in addition to any other relief to which the prevailing party may be entitled)disbursements.
Appears in 5 contracts
Samples: Security Agreement (Digirad Corp), Intellectual Property Security Agreement (Verenium Corp), All Assets Security Agreement (Sterling Mining CO)
Attorneys’ Fees. If any action or proceeding relating is instituted to this Agreement enforce or the enforcement of interpret any provision of this Agreement is brought against any party heretoAgreement, the prevailing party Party therein shall be entitled to recover reasonable its attorneys' fees, ’ fees and costs and disbursements (in addition to any other relief to which from the prevailing party may be entitled)losing Party.
Appears in 5 contracts
Samples: Purchase and Sale Agreement and Joint Escrow Instructions, Purchase and Sale Agreement and Joint Escrow Instructions, Purchase and Sale Agreement and Joint Escrow Instructions
Attorneys’ Fees. If any action or proceeding relating to this Agreement or is brought for the enforcement of this Settlement Agreement or in connection with any provision dispute arising out of it or the claims which are the subject of this Agreement is brought against any party heretoSettlement Agreement, the prevailing party Party shall be entitled to recover reasonable attorneys' fees, fees and any other costs and disbursements (incurred in such litigation in addition to any other relief to which the prevailing party Party may be entitled).
Appears in 5 contracts
Samples: Settlement Agreement and Mutual Release (Victory Energy Corp), Settlement Agreement and Mutual Release (Victory Energy Corp), Settlement Agreement and Mutual Release (Victory Energy Corp)
Attorneys’ Fees. If any action or proceeding Proceeding relating to this Agreement any of the Transactional Agreements or the enforcement of any provision of this Agreement any of the Transactional Agreements is brought against any party heretoto this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' ’ fees, costs and disbursements (in addition to any other relief to which the prevailing party may be entitled).
Appears in 5 contracts
Samples: Asset Purchase Agreement (Flir Systems Inc), Asset Contribution Agreement (Geron Corp), Asset Contribution Agreement (Biotime Inc)
Attorneys’ Fees. If any action Party brings suit to enforce or proceeding relating to interpret this Agreement or the enforcement of any provision of this Agreement is brought against any party heretoAgreement, the prevailing party Party shall be entitled to recover from the other Party or Parties the prevailing Party’s reasonable attorneys' fees’ fees and costs incurred in any such action or in any appeal from such action, costs and disbursements (in addition to any the other relief to which the prevailing party may be Party is entitled).
Appears in 5 contracts
Samples: Sublease Consent Agreement (Purple Innovation, Inc.), Sublease Consent Agreement (Pluralsight, Inc.), Sublease Consent Agreement (Vivint Solar, Inc.)
Attorneys’ Fees. If any legal action or other legal proceeding relating to this Agreement or the enforcement of any provision of this Agreement is brought against any party heretoStockholder, the prevailing party shall be entitled to recover reasonable attorneys' ’ fees, costs and disbursements (in addition to any other relief to which the prevailing party may be entitled).
Appears in 5 contracts
Samples: Company Voting Agreement (Fermavir Pharmaceuticals, Inc.), Parent Voting Agreement (Inhibitex, Inc.), Parent Voting Agreement (Fermavir Pharmaceuticals, Inc.)
Attorneys’ Fees. If Each of the parties hereto shall be responsible to pay its respective attorneys’ fees incurred in connection with the negotiation and drafting of this Agreement. In the event of any action or proceeding relating to this Agreement or the enforcement of any provision of this Agreement is brought against by any party hereto to enforce this Agreement, or any other agreement delivered pursuant hereto, the prevailing party shall be entitled to recover reasonable attorneys' fees, costs ’ fees and disbursements (in addition to any other relief to which the prevailing party may be entitled)costs.
Appears in 5 contracts
Samples: Acquisition Agreement (Smokin Concepts Development Corp), Acquisition Agreement (Smokin Concepts Development Corp), Agreement and Plan of Merger and Reorganization (Southern Hospitality Development Corp.)
Attorneys’ Fees. If any legal action or other legal proceeding relating to this Agreement any of the Transactional Agreements or the enforcement of any provision of this Agreement any of the Transactional Agreements is brought against any party hereto, the prevailing party shall be entitled to recover reasonable attorneys' ’ fees, costs and disbursements (in addition to any other relief to which the prevailing party may be entitled).
Appears in 5 contracts
Samples: Stock Purchase Agreement (Aclaris Therapeutics, Inc.), Agreement and Plan of Merger (Netscout Systems Inc), Agreement and Plan (Edgewater Technology Inc/De/)
Attorneys’ Fees. If any action suit, action, or proceeding relating is brought to this Agreement enforce any term or the enforcement of any provision of this Agreement is brought against any party heretoAgreement, the prevailing party shall be entitled to recover reasonable attorneys' ’ fees, costs costs, and disbursements (expenses incurred, in addition to any other relief to which the prevailing such party may be legally entitled).
Appears in 5 contracts
Samples: Stock Purchase Agreement (Merit Medical Systems Inc), Separation and Release Agreement (Edgar Filingnet Inc), Separation and Release Agreement (Edgar Filingnet Inc)
Attorneys’ Fees. If any action or proceeding relating to this Agreement or In the enforcement event of any provision of judicial or other adversarial proceeding between the parties concerning this Agreement is brought against any party heretoAgreement, the prevailing party shall be entitled to recover its reasonable attorneys' fees, fees and other costs and disbursements (in addition to any other relief to which the prevailing party it may be entitled). References in this Agreement to the attorneys' fees and/or costs of a party shall mean both the reasonable fees and costs of independent outside counsel retained by such party with respect to this transaction and the reasonable fees and costs of the party's in-house counsel incurred in connection with this transaction.
Appears in 5 contracts
Samples: Credit Loan Agreement (Lightfirst Inc), Security Agreement (P F Changs China Bistro Inc), Credit Loan Agreement (Lightfirst Inc)
Attorneys’ Fees. If In any action or proceeding relating hereunder to this Agreement or enforce the enforcement of any provision provisions of this Agreement is brought against any party heretoAgreement, the prevailing party Party shall be entitled to recover its reasonable attorneys' ’ fees, costs and disbursements (in addition to any other relief to which recovery hereunder from the non-prevailing party may be entitled)Party.
Appears in 4 contracts
Samples: Transition Services Agreement (Urban Edge Properties), Transition Services Agreement (Urban Edge Properties), Transition Services Agreement (Washington Prime Group Inc.)
Attorneys’ Fees. If any action or proceeding relating to this Agreement or In the enforcement event of any provision dispute between the Parties arising out of this Agreement is brought against any party heretoAgreement, the prevailing party Party shall be entitled to recover reasonable attorneys' feesentitled, costs and disbursements (in addition to any other relief rights and remedies it may have, to which the prevailing party may be entitled)recover its reasonable attorneys’ fees and costs.
Appears in 4 contracts
Samples: Intellectual Property License Agreement (Lexaria Bioscience Corp.), Intellectual Property License Agreement (Lexaria Bioscience Corp.), Joint Venture Agreement (Lexaria Bioscience Corp.)
Attorneys’ Fees. If any legal action or other legal proceeding relating to this Agreement or the enforcement of any provision of this Agreement is brought against any party hereto, the prevailing party shall be entitled to recover reasonable attorneys' fees, costs and disbursements (in addition to any other relief to which the prevailing party may be entitled).
Appears in 4 contracts
Samples: Asset Purchase Agreement (San Holdings Inc), Lock Up Agreement (Embarcadero Technologies Inc), Stock Purchase Agreement (Quantum Corp /De/)
Attorneys’ Fees. If either party brings any legal action or other proceeding relating to this Agreement or the enforcement of any provision for breach of this Agreement is brought against any party heretoAgreement, the prevailing party shall be entitled to recover its reasonable attorneys' fees, costs fees and disbursements (in addition to any other relief to which the prevailing party may be entitled)costs.
Appears in 4 contracts
Samples: Equipment Sale Agreement (Acres Gaming Inc), License Agreement (Acres Gaming Inc), Equipment Sale Agreement (Acres Gaming Inc)
Attorneys’ Fees. If any legal action or other legal proceeding relating to this Agreement or the enforcement of any provision of this Agreement is brought against any party heretoParty to this Agreement, the prevailing party Party shall be entitled to recover reasonable attorneys' ’ fees, costs costs, and disbursements (in addition to any other relief to which the prevailing party Party may be entitled).
Appears in 4 contracts
Samples: Software Transfer Agreement (Ohanae, Inc.), Software Transfer Agreement, Technology Transfer Agreement (Avatech Solutions Inc)
Attorneys’ Fees. If any action or proceeding relating to this Agreement or the enforcement of any provision of this Agreement is brought by any party against any other party heretounder this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees, costs and disbursements (for the fees of its attorneys in addition to any other relief to which such action or proceeding such amount as the prevailing party court may be entitled)adjudge reasonable.
Appears in 4 contracts
Samples: Office Lease Agreement (Turo Inc.), Office Lease Agreement (Turo Inc.), Office Lease (Serena Software Inc)
Attorneys’ Fees. If any legal action or other legal proceeding relating to this Agreement or the enforcement of any provision of this Agreement is brought against any other party heretoto this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' ’ fees, costs and disbursements (in addition to any other relief to which the prevailing party may be entitled).
Appears in 4 contracts
Samples: Stockholder Agreement (Forest Oil Corp), Stockholder Agreement (Wiser Oil Co), Stockholder Agreement (Forest Oil Corp)
Attorneys’ Fees. If any legal action or other legal proceeding (including arbitration) relating to this Agreement the Transactions or the enforcement of any provision of this Agreement any of the Transactional Agreements is brought against any party hereto, the prevailing party shall be entitled to recover reasonable attorneys' fees, costs and disbursements (in addition to any other relief to which the prevailing party may be entitled).
Appears in 4 contracts
Samples: Agreement and Plan of Merger (Xoom Inc), Agreement and Plan of Merger (Omnis Technology Corp), Agreement and Plan of Merger (Nextron Communications Inc)
Attorneys’ Fees. If any action or proceeding relating to this Agreement or the enforcement of any provision of this Agreement is brought against any party heretoto this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' attorney’s fees, costs and disbursements (in addition to any other relief to which the prevailing party may be entitled).
Appears in 4 contracts
Samples: Investors’ Rights Agreement, Shareholders Agreement, Shareholders Agreement (Sunrun Inc.)
Attorneys’ Fees. If any action or proceeding Legal Proceeding relating to this Agreement or the enforcement of any provision of this Agreement is brought against any party heretoStockholder, the prevailing party shall be entitled to recover reasonable attorneys' ’ fees, costs and disbursements (in addition to any other relief to which the prevailing party may be entitled).
Appears in 4 contracts
Samples: Voting Agreement (Raptor Pharmaceuticals Corp.), Voting Agreement (Raptor Pharmaceuticals Corp.), Voting Agreement (TorreyPines Therapeutics, Inc.)
Attorneys’ Fees. If any legal action or other legal proceeding relating to this Agreement or the enforcement of any provision of this Agreement is brought against any party hereto, the prevailing party shall be entitled to recover reasonable attorneys' ’ fees, costs and disbursements (in addition to any other relief to which when the prevailing party may be entitled).
Appears in 4 contracts
Samples: Voting and Support Agreement, Voting and Support Agreement (Fortress Investment Group LLC), Voting and Support Agreement (Fortress Investment Group LLC)
Attorneys’ Fees. If any action or proceeding relating to this --------------- Agreement or the enforcement of any provision of this Agreement is brought against any party hereto, the prevailing party shall be entitled to recover reasonable attorneys' fees, costs and disbursements (in addition to any other relief to which the prevailing party may be entitled).
Appears in 4 contracts
Samples: Agreement and Plan of Merger and Reorganization (Papais Lou A), Agreement and Plan of Merger and Reorganization (La Man Corporation), Escrow Agreement (Tarantella Inc)
Attorneys’ Fees. If any action or proceeding Proceeding relating to this Agreement or the enforcement of any provision of this Agreement is brought against any party heretoto this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' ’ fees, costs and disbursements (in addition to any other relief to which the prevailing party may be entitled).
Appears in 4 contracts
Samples: Asset Purchase Agreement (Ideal Power Inc.), Asset Purchase Agreement (Ideal Power Inc.), Asset Purchase Agreement (Accelrys, Inc.)
Attorneys’ Fees. If any action or proceeding Proceeding relating to this Agreement or any of the Ancillary Agreements or the enforcement of any provision of any of this Agreement or any of the Ancillary Agreements is brought against any party heretoParty to this Agreement, the prevailing party Party shall be entitled to recover reasonable attorneys' ’ fees, costs and disbursements (in addition to any other relief to which the prevailing party Party may be entitled).
Appears in 4 contracts
Samples: Asset Contribution and Separation Agreement (Adynxx, Inc.), Asset Contribution and Separation Agreement (AquaMed Technologies, Inc.), Asset Contribution and Separation Agreement (AquaMed Technologies, Inc.)
Attorneys’ Fees. If any legal action or other legal proceeding relating to this Voting Agreement or the enforcement of any provision of this Voting Agreement is brought against any party heretoStockholder, the prevailing party shall be entitled to recover reasonable attorneys' ’ fees, costs and disbursements (in addition to any other relief to which the prevailing party may be entitled).
Appears in 4 contracts
Samples: Voting Agreement (La Jolla Pharmaceutical Co), Voting Agreement (Cellegy Pharmaceuticals Inc), Voting Agreement (Cellegy Pharmaceuticals Inc)
Attorneys’ Fees. If any legal action or proceeding relating to other proceeding, including arbitration or action for declaratory relief, is brought for the enforcement of this Agreement or the enforcement because of any provision of an alleged dispute, breach, default, or misrepresentation in connection with this Agreement is brought against any party heretoAgreement, the prevailing party Prevailing Party (as defined below) shall be entitled to recover reasonable attorneys' feesfees and other costs, costs and disbursements (in addition to any other relief to which the prevailing party may be entitled).
Appears in 4 contracts
Samples: Management Agreement (American Tonerserv Corp.), Management Agreement (American Tonerserv Corp.), Asset Purchase Agreement (American Tonerserv Corp.)
Attorneys’ Fees. If any action action, suit or other legal proceeding relating to this Agreement or the enforcement of any provision of this Agreement is brought against any party hereto, the prevailing party shall be entitled to recover reasonable attorneys' ’ fees, costs and disbursements (in addition to any other relief to which the prevailing party may be entitled).
Appears in 4 contracts
Samples: Agreement and Plan of Merger (Ca, Inc.), Agreement and Plan of Merger (Under Armour, Inc.), Agreement and Plan of Merger (Under Armour, Inc.)
Attorneys’ Fees. If any action or proceeding Proceeding relating to this Agreement or any of the Contemplated Transactions or the enforcement of any provision of this Agreement thereof is brought against any party heretoParty, the prevailing party Party, if any, shall be entitled to recover reasonable attorneys' ’ fees, costs and disbursements (in addition to any other relief to which the prevailing party Party may be entitled). In the event that both Parties prevail in part, the applicable trier of fact shall determine the allocation of such attorneys’ fees, costs and disbursements in proportion to each Party’s success and failure of claims brought in connection with such Proceeding.
Appears in 4 contracts
Samples: Membership Interest Purchase Agreement, Asset Purchase Agreement (Gaiam, Inc), Membership Interest Purchase Agreement (Gaiam, Inc)
Attorneys’ Fees. If In the event of any action or proceeding relating to this Agreement declare or enforce the enforcement of any provision terms of this Agreement is brought against any party hereto(including the documents and instruments referred to herein), the prevailing party shall be entitled to recover its reasonable attorneys' fees’ fees and other costs, costs and disbursements (in addition to any other relief to which the prevailing party that may be entitled)granted.
Appears in 4 contracts
Samples: Purchase and Sale Agreement (LUXUS Argyle LLC), Purchase and Sale Agreement (LUXUS Argyle LLC), Purchase and Sale Agreement (Otis Gallery LLC)
Attorneys’ Fees. If any legal action or other legal proceeding relating to this Agreement any of the Transactional Agreements or the enforcement of any provision of this Agreement any of the Transactional Agreements is brought against any party hereto, the prevailing party shall be entitled to recover reasonable attorneys' fees, costs and disbursements on a party/party basis (in addition to any other relief to which the prevailing party may be entitled).
Appears in 3 contracts
Samples: Share Purchase Agreement (Asia Online LTD), Share Purchase and Subscription Agreement (Asia Online LTD), Share Purchase Agreement (Asia Online LTD)
Attorneys’ Fees. If In any action at law or proceeding relating in equity brought to this Agreement enforce or the enforcement of interpret any provision of this Agreement is brought against any party heretoAgreement, the prevailing party shall be entitled to recover reasonable attorneys' fees, costs and disbursements (disbursements, in addition to any other relief to which the prevailing such party may be entitled).
Appears in 3 contracts
Samples: Stockholders' Agreement (Sierra Well Service Inc), Stockholder's Agreement (Friede Goldman International Inc), Stockholder's Agreement (Halter Marine Group Inc)
