Attorney Fees; Damages Sample Clauses

Attorney Fees; Damages. Notwithstanding the aforesaid Section 14.9, the Recording Release must be delivered in original executed and acknowledged form. In addition, the provisions of Section 14.10 of the Partnership Agreement entitled “Applicable Law” are incorporated herein by reference with, however, Hawaii law rather than Delaware law to apply. The address of each of the parties hereto for purposes of giving notice to the other party under Section 14.1 referenced as incorporated herein above shall be as follows: NY 77646115v1 All notices, requests and other communications hereunder (collectively, “Notices”) shall be given and deemed received in accordance with the notice provisions of the Partnership Agreement, employing the following addresses or e-mail addresses: If to Kaupulehu Developments: c/x Xxxxxxxx Hawaiian Properties, Inc. 0000 Xxxxxx Xxxxxx, Xxxxx 0000 Xxxxxxxx, Xxxxxx 00000 Attention: Xxxxxxxxx X. Xxxxxxx Phone: (000) 000-0000 Fax: (000) 000-0000 E-mail: If to KD Acquisition II, LP: KD Kaupulehu, LLLP c/x Xxxxxxxx Hawaiian Properties, Inc. 0000 Xxxxxx Xxxxxx, Xxxxx 0000 Xxxxxxxx, Xxxxxx 00000 Attention: Xxxxxxxxx X. Xxxxxxx Phone: (000) 000-0000 Fax: (000) 000-0000 E-mail: With a copy to: Ashford & Xxxxxxx LLP 000 Xxxxxx Xxxxxx, Suite 1400 Honolulu, HI 96813 Attention: Xxxxxx Xxxx E-mail: Telecopy No (000) 000-0000 and Replay Kaupulehu Development LLC c/o Re:Play Management Ltd. Xxxxx 0000-000 Xxxxxxx Xxxxxx Vancouver, BC V6E 005 Attn.: Mr. Xxxx Xxxxxxxxx E-mail: With a copy to: NY 77646115v1 Replay Kaupulehu Development LLC c/o Replay Destinations Inc. 000 Xxxxxx Xxxxxx Xxxxxxxxxx, XX 00000 Attn: Mr. Xxxxx Xxxx E-mail:
Sample 1
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Attorney Fees; Damages. If the Partnership or any Partner institutes any arbitration, legal or equitable action or proceeding against any Partner or the Partnership by reason of the breach of this Agreement or the failure to comply with the terms of this Agreement, or as to the interpretation of this Agreement or any other matter relating to this Agreement, the party substantially prevailing in such proceeding shall be entitled to recover its reasonable attorneys’ fees and costs (including expert witness fees). Notwithstanding anything to the contrary contained herein, in no event shall any Partner or the Partnership be liable hereunder for any consequential, special, punitive or indirect damages, the Partners and the Partnership agreeing that the sole damages due hereunder shall be direct damages.
Sample 1
Attorney Fees; Damages. Suppose legal proceedings are brought to interpret or enforce the terms of this Letter. In that case, the prevailing party will be entitled to recover actual costs, reasonable attorney’s fees, and expert witness fees in addition to any other relief to which that party may be entitled.
Sample 1
Attorney Fees; Damages. If the Company or any Member obtains a judgment or injunction against any Member by reason of the breach of this Agreement or the failure to comply with the terms of this Agreement, or as to the interpretation of this Agreement or any other matter relating to this Agreement, the prevailing party shall be entitled to recover its reasonable attorneys’ fees and costs as part of any such judgment.
Sample 1

Related to Attorney Fees; Damages

  • Attorney Fees In any action or proceeding to enforce or interpret any provision of this Contract, each party shall bear their own attorney’s fees, costs and expenses.

  • Attorney Fees and Costs Unless prohibited by law, if Grantor prevails in any proceeding to enforce the terms of this Agreement, including any administrative hearing pursuant to the Grant Funds Recovery Act or the Grant Accountability and Transparency Act, the Grantor has the right to recover reasonable attorneys’ fees, costs and expenses associated with such proceedings.

  • Attorney Fees/Costs Should litigation be necessary to enforce any terms or provisions of this Agreement, then each party shall bear its own litigation and collection expenses, witness fees, court costs and attorney’s fees.

  • Attorneys’ Fees If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys’ fees, costs and necessary disbursements in addition to any other relief to which such party may be entitled.

  • Costs and Attorney Fees If either party shall be in default under this contract, the non- defaulting party shall have the right, at the defaulting party’s expense, to retain an attorney to make any demand, enforce any remedy, or otherwise protect or enforce its rights under this contract. The defaulting party hereby promises to pay all costs and expenses so incurred by the non-defaulting party, including, without limitation, reasonable attorneys’ costs and fees. The failure of the defaulting party to promptly pay the same shall constitute a further and additional default. In the event either party hereto institutes, defends, or is involved with any action to enforce the provisions of this contract, the prevailing party in such action shall be entitled to reimbursement by the losing party for its court costs and reasonable attorney costs and fees at trial and on appeal.

  • Attorney’s Fee If any legal action or any arbitration or other proceeding is brought for the enforcement or interpretation of this Agreement, or because of an alleged dispute, breach, default or misrepresentation in connection with or related to this Agreement, the successful or prevailing party shall be entitled to recover reasonable attorneys' fees and other costs in connection with that action or proceeding, in addition to any other relief to which it or they may be entitled.

  • Attorneys’ Fees and Expenses Evidence that the costs and expenses (including reasonable attorneys’ fees) referred to in Section 12.1, to the extent invoiced, shall have been paid in full by Borrower;

  • Attorneys’ Fees, Costs and Expenses In any action or proceeding between Borrower and Bank arising out of or relating to the Loan Documents, the prevailing party shall be entitled to recover its reasonable attorneys’ fees and other costs and expenses incurred, in addition to any other relief to which it may be entitled.

  • Attorneys’ Fees; Costs Should litigation be necessary to enforce any terms or provisions of this Agreement, then each party shall bear its own litigation and collection expenses, witness fees, court costs and attorney’s fees.

  • Attorneys’ Fees and Costs If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, costs and necessary disbursements in addition to any other relief to which he may be entitled.

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