Common use of Attorney Fees And Other Expenses Clause in Contracts

Attorney Fees And Other Expenses. (a) GSS will pay all reasonable legal, accounting and other professional fees and related expenses Xxxxxxx incurred in connection with the negotiation and preparation of this Agreement. (b) If Xxxxxxx and GSS become involved in litigation regarding the terms of his employment with GSS or the termination thereof, the party which prevails shall be entitled to reimbursement of all reasonable litigation costs and expenses, including attorney fees. If each party prevails on one or more litigated issues, the court shall exercise its equitable judgment to determine which, if either, should be considered the prevailing party and the percentage of that party's expenses which should be reimbursed, taking into account such factors as the significance of the issue(s) on which each party prevailed, the reasonableness of each party's position(s), and ability to pay.

Appears in 4 contracts

Samples: Employment Agreement (Global Smoothie Supply, Inc.), Employment Agreement (Global Smoothie Supply, Inc.), Employment Agreement (Global Smoothie Supply, Inc.)

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Attorney Fees And Other Expenses. (a) GSS will pay all reasonable legal, accounting and other professional fees and related expenses Xxxxxxx Tiller incurred in connection with the negotiation and preparation of this Agreement. (b) If Xxxxxxx Tiller and GSS become involved in litigation regarding the terms of his employment with GSS or the termination thereof, the party which prevails shall be entitled to reimbursement of all reasonable litigation costs and expenses, including attorney fees. If each party prevails on one or more litigated issues, the court shall exercise its equitable judgment to determine which, if either, should be considered the prevailing party and the percentage of that party's expenses which should be reimbursed, taking into account such factors as the significance of the issue(s) on which each party prevailed, the reasonableness of each party's position(s), and ability to pay.

Appears in 2 contracts

Samples: Employment Agreement (Global Smoothie Supply, Inc.), Employment Agreement (Global Smoothie Supply, Inc.)

Attorney Fees And Other Expenses. (a) GSS will pay all reasonable legal, accounting and other professional fees and related expenses Xxxxxxx XXXXXXX incurred in connection with the negotiation and preparation of this Agreement. (b) If Xxxxxxx XXXXXXX and GSS become involved in litigation regarding the terms of his employment with GSS or the termination thereof, the party which prevails shall be entitled to reimbursement of all reasonable litigation costs and expenses, including attorney fees. If each party prevails on one or more litigated issues, the court shall exercise its equitable judgment to determine which, if either, should be considered the prevailing party and the percentage of that party's expenses which should be reimbursed, taking into account such factors as the significance of the issue(s) on which each party prevailed, the reasonableness of each party's position(s), and ability to pay.

Appears in 2 contracts

Samples: Employment Agreement (Global Smoothie Supply, Inc.), Employment Agreement (Global Smoothie Supply, Inc.)

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Attorney Fees And Other Expenses. (a) GSS will pay all reasonable legal, accounting and other professional fees and related expenses Xxxxxxx TILLER incurred in connection with the negotiation and preparation of this Agreement. (b) If Xxxxxxx TILLER and GSS become involved in litigation regarding the terms of his employment with GSS or the termination thereof, the party which prevails shall be entitled to reimbursement of all reasonable litigation costs and expenses, including attorney fees. If each party prevails on one or more litigated issues, the court shall exercise its equitable judgment to determine which, if either, should be considered the prevailing party and the percentage of that party's expenses which should be reimbursed, taking into account such factors as the significance of the issue(s) on which each party prevailed, the reasonableness of each party's position(s), and ability to pay.

Appears in 2 contracts

Samples: Employment Agreement (Global Smoothie Supply, Inc.), Employment Agreement (Global Smoothie Supply, Inc.)

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