Common use of Attorney Fees Clause in Contracts

Attorney Fees. In the event of any suit or action to enforce or interpret any provision of this Agreement (or that is based on this Agreement), the prevailing party is entitled to recover, in addition to other costs, reasonable attorney fees in connection with the suit, action, or arbitration, and in any appeals. The determination of who is the prevailing party and the amount of reasonable attorney fees to be paid to the prevailing party will be decided by the court or courts, including any appellate courts, in which the matter is tried, heard, or decided.

Appears in 370 contracts

Samples: Operating Agreement (Sibannac, Inc.), Operating Agreement, Operating Agreement

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Attorney Fees. In If any legal action or any arbitration or other proceeding is brought for the event of any suit or action to enforce or interpret any provision enforcement of this Agreement (Agreement, or that is based on this because of an alleged dispute, breach, default or misrepresentation in connection with any of the provisions of the Agreement), the successful or prevailing party is shall be entitled to recoverrecover reasonable attorneys' fees and other costs incurred in that action or proceeding, in addition to any other costs, reasonable attorney fees in connection with the suit, action, or arbitration, and in any appeals. The determination of who is the prevailing party and the amount of reasonable attorney fees relief to which it may be paid to the prevailing party will be decided by the court or courts, including any appellate courts, in which the matter is tried, heard, or decidedentitled.

Appears in 33 contracts

Samples: Share Exchange Agreement (Hip Cuisine Inc.), Share Exchange Agreement (Sinorama Corp), Share Exchange Agreement (Hip Cuisine Inc.)

Attorney Fees. In the event of If any suit suit, action, or action to enforce or interpret proceeding is instituted in connection with any provision controversy arising out of this Agreement (or that is based on this Agreement)the enforcement of any right hereunder, the prevailing party is will be entitled to recover, in addition to other costs, reasonable attorney fees in connection with the suit, action, or arbitration, and in any appeals. The determination of who is the prevailing party and the amount of reasonable attorney fees to be paid to the prevailing party will be decided by such sums as the court or courtsarbitrator may adjudge reasonable as attorney fees, including fees on any appellate courts, in which the matter is tried, heard, or decidedappeal.

Appears in 32 contracts

Samples: Restricted Stock Unit Agreement (Lithia Motors Inc), Restricted Stock Award Agreement (Umpqua Holdings Corp), Restricted Stock Unit Agreement (Lithia Motors Inc)

Attorney Fees. In the event of any suit suit, action or action arbitration to interpret or enforce or interpret any provision of this Agreement (or that is based on this Agreement), the prevailing party is shall be entitled to recoverrecover its attorney fees, in addition to other costs, reasonable attorney fees in connection with the suit, action, or arbitration, costs and in any appeals. The determination of who is the prevailing party out-of-pocket expenses at trial and the amount of reasonable attorney fees to be paid to the prevailing party will be decided by the court or courts, including any appellate courts, in which the matter is tried, heard, or decidedon appeal.

Appears in 31 contracts

Samples: Employment Agreement (Flir Systems Inc), Change of Control Agreement (Flir Systems Inc), Change of Control Agreement (Flir Systems Inc)

Attorney Fees. In the event of any suit action or action proceeding to interpret or enforce or interpret any provision the terms of this Agreement (or that is based on this Agreement), the prevailing party is entitled to recoverparty, in addition to other costs, reasonable attorney fees in connection with the suit, action, or arbitration, and in any appeals. The determination of who is the prevailing party and the amount of reasonable attorney fees to be paid to the prevailing party will be decided as determined by the court or courtsmediator, including any appellate courts, shall be entitled to recover its reasonable attorney fees and costs incurred in which the matter is tried, heard, connection with such actions or decidedproceeding.

Appears in 19 contracts

Samples: Professional Services Agreement, Services Agreement, Professional Services Agreement

Attorney Fees. In the event of If any suit suit, action or action to enforce or interpret proceeding is instituted in connection with any provision controversy arising out of this Agreement (or that is based on this Agreement)the enforcement of any right hereunder, the prevailing party is will be entitled to recover, in addition to other costs, reasonable attorney fees in connection with the suit, action, or arbitration, and in any appeals. The determination of who is the prevailing party and the amount of reasonable attorney fees to be paid to the prevailing party will be decided by such sums as the court or courtsarbitrator may adjudge reasonable as attorney fees, including fees on any appellate courts, in which the matter is tried, heard, or decidedappeal.

Appears in 15 contracts

Samples: Restricted Stock Unit Agreement (Lithia Motors Inc), Restricted Stock Unit Agreement (Lithia Motors Inc), Restricted Stock Unit Agreement (Lithia Motors Inc)

Attorney Fees. In connection with any litigation or court proceeding arising out of the event of any suit or action to enforce or interpret any provision enforcement of this Agreement (or that is based on this Agreement)agreement, the prevailing party is entitled to recover, in addition to other costs, reasonable attorney fees in connection with the suit, action, or arbitration, and in any appeals. The determination of who is the prevailing party and the amount of reasonable attorney fees to be paid to the prevailing party will be decided by entitled to recover from the court or courtsother party, all costs incurred, including any appellate courtsreasonable attorneys' fees for services rendered before suit is brought, in which the matter is tried, heardprior to trial, or decidedappeal, or in federal bankruptcy proceedings.

Appears in 10 contracts

Samples: Loan Purchase and Sale Agreement, Correspondent Seller Loan Purchase and Sale Agreement, Correspondent Seller Loan Purchase and Sale Agreement

Attorney Fees. In the event of If any suit or action is filed by either party to enforce or interpret any provision of this Agreement (or that is based on this Agreement)otherwise with respect to the subject matter hereof, the prevailing party is shall be entitled to recoverrecover reasonable attorney fees incurred in preparation or in prosecution or defense of such suit or action as fixed by the trial court, in addition to other costsand if any appeal is taken from the decision of the trial court, reasonable attorney fees in connection with the suit, action, or arbitration, and in any appeals. The determination of who is the prevailing party and the amount of reasonable attorney fees to be paid to the prevailing party will be decided as fixed by the court or courts, including any appellate courts, in which the matter is tried, heard, or decidedcourt.

Appears in 10 contracts

Samples: Employment Agreement (Avi Biopharma Inc), Employment Agreement (Avi Biopharma Inc), Employment Agreement (Avi Biopharma Inc)

Attorney Fees. In the event of If any suit action at law or action in equity is brought to enforce or interpret any provision the terms of this Agreement (or that is based on this Agreement), the prevailing party is shall be entitled to recover, at trial and on appeal, in addition to any other costsrelief that may be granted, reasonable attorney fees in connection amounts of legal, accounting and other professional fees, together with the suit, action, or arbitration, other allowable costs and in any appeals. The determination of who is the prevailing party and the amount of reasonable attorney fees to be paid to the prevailing party will be decided by the court or courts, including any appellate courts, in which the matter is tried, heard, or decidedexpenses.

Appears in 9 contracts

Samples: Executive Employment Agreement, Executive Employment Agreement (N2h2 Inc), Executive Employment Agreement (N2h2 Inc)

Attorney Fees. In the event of any suit action or action to enforce or interpret any provision of proceeding is brought by either party against the other under this Agreement (or that is based on this Agreement)Lease, the prevailing party is shall be entitled to recoverrecover for the fees of its attorneys in such action or proceeding, in addition to other costsincluding costs of appeal, reasonable attorney fees in connection with the suitif any, action, or arbitration, and in any appeals. The determination of who is the prevailing party and the such amount of reasonable attorney fees to be paid to the prevailing party will be decided by as the court or courts, including any appellate courts, in which the matter is tried, heard, or decidedmay adjudge reasonable as attorney fees.

Appears in 8 contracts

Samples: Lease Agreement, Lease (VCG Holding Corp), Lease (VCG Holding Corp)

Attorney Fees. In the event of any suit or action it becomes necessary to enforce or interpret any provision the terms of this Agreement (by litigation or that is based on this Agreement)otherwise, the prevailing party is shall be entitled to recover, in addition to other costs, recover its reasonable attorney fees and court costs from the party in connection with the suit, action, or arbitration, and in any appeals. The determination of who is the prevailing party and the amount of reasonable attorney fees to be paid to the prevailing party will be decided by the court or courtsbreach, including any appellate courts, in which the matter is tried, heard, such fees or decidedcosts arising from subsequent appeals and efforts to execute on any judgment.

Appears in 8 contracts

Samples: Aircraft Purchase Agreement (Blade Air Mobility, Inc.), Aircraft Purchase Agreement (Blade Air Mobility, Inc.), Aircraft Purchase Agreement (Blade Air Mobility, Inc.)

Attorney Fees. In the event of If any suit or action is filed by any party to enforce this Agreement or interpret any provision otherwise with respect to the subject matter of this Agreement (or that is based on this Agreement), the prevailing party is shall be entitled to recoverrecover reasonable attorney fees incurred in preparation or in prosecution or defense of such suit or action as fixed by the trial court and, in addition to other costsif any appeal is taken from the decision of the trial court, reasonable attorney fees in connection with the suit, action, or arbitration, and in any appeals. The determination of who is the prevailing party and the amount of reasonable attorney fees to be paid to the prevailing party will be decided as fixed by the court or courts, including any appellate courts, in which the matter is tried, heard, or decidedcourt.

Appears in 8 contracts

Samples: Booking Agreement, Access Agreement, User Agreement

Attorney Fees. In the event of any suit action or action proceeding to interpret or enforce or interpret any provision the terms of this Agreement (or that is based on this Agreement), the prevailing party is entitled to recoverparty, in addition to other costs, reasonable attorney fees in connection with the suit, action, or arbitration, and in any appeals. The determination of who is the prevailing party and the amount of reasonable attorney fees to be paid to the prevailing party will be decided as determined by the court or courtsarbitrator, including any appellate courts, shall be entitled to recover its reasonable attorneys’ fees and costs incurred in which the matter is tried, heard, connection with such actions or decidedproceeding.

Appears in 8 contracts

Samples: Program Agreement, Cooperative Vocational Education Paid Internship Program Agreement, Community Classroom Non Paid Student Internship Program Agreement

Attorney Fees. In the event of If any suit suit, action (including, without limitation, any bankruptcy proceeding) or action arbitration is instituted to enforce or interpret any provision of this Agreement (or that is based on this Agreement), the prevailing party is shall be entitled to recoverrecover from the party not prevailing, in addition to other costsrelief that may be provided by law, an amount determined reasonable as attorney fees in connection with the suit, at trial and on any appeal of such suit or action, or arbitration, and in any appeals. The determination of who is the prevailing party and the amount of reasonable attorney fees to be paid to the prevailing party will be decided by the court or courts, including any appellate courts, in which the matter is tried, heard, or decided.

Appears in 8 contracts

Samples: Indemnification & Liability (Portland General Electric Co /Or/), Indemnification & Liability (Greenbrier Companies Inc), Indemnification & Liability (Greenbrier Companies Inc)

Attorney Fees. In the event of If any suit or action is filed by any party to enforce this Agreement or interpret any provision otherwise with respect to the subject matter of this Agreement (or that is based on this Agreement), the prevailing party is shall be entitled to recoverrecover reasonable attorney fees incurred in preparation or in prosecution or defense of such suit or action as fixed by the trial court, in addition to other costsand if any appeal is taken from the decision of the trial court, reasonable attorney fees in connection with the suit, action, or arbitration, and in any appeals. The determination of who is the prevailing party and the amount of reasonable attorney fees to be paid to the prevailing party will be decided as fixed by the court or courts, including any appellate courts, in which the matter is tried, heard, or decidedcourt.

Appears in 8 contracts

Samples: Participant Agreement, Wi Fi Antenna Attachment License Agreement, Continuing Benefits Agreement (Premierwest Bancorp)

Attorney Fees. In the event of any suit or action to enforce or interpret this Agreement or any provision of this Agreement (or that is based on this Agreement)thereof, the prevailing party is shall be entitled to recoverrecover its costs, expenses and reasonable attorneys’ fees, both at trial and on appeal, in addition to all other costs, reasonable attorney fees in connection with the suit, action, or arbitration, and in any appeals. The determination of who is the prevailing party and the amount of reasonable attorney fees to be paid to the prevailing party will be decided sums allowed by the court or courts, including any appellate courts, in which the matter is tried, heard, or decidedlaw.

Appears in 8 contracts

Samples: Digital Home Entertainment License Agreement, Digital Home Entertainment License Agreement, Digital Home Entertainment License Agreement

Attorney Fees. In the event of any suit party hereto initiates or defends any legal action or proceeding to enforce or interpret any provision of the terms of this Agreement (Agreement, or that is based on this Agreement)to declare forfeiture or termination, the prevailing party is in any such action or proceeding shall be entitled to recover, in addition to other costs, recover from the losing party its reasonable attorney costs and attorney’s fees in connection with the suit, action, or arbitration, (including its reasonable costs and in attorney’s fees on any appeals. The determination of who is the prevailing party and the amount of reasonable attorney fees to be paid to the prevailing party will be decided by the court or courts, including any appellate courts, in which the matter is tried, heard, or decidedappeal).

Appears in 8 contracts

Samples: Public Defender Agreement, Public Defender Agreement, Public Defender Agreement

Attorney Fees. In the event of any suit suit, action or action to enforce arbitration proceeding arising at law or interpret any provision in equity out of this Agreement (or that is based on in connection with this Agreement), the prevailing party is entitled to recover, in addition to other costs, reasonable attorney fees in connection with the such suit, action, action or arbitration, arbitration and in any appeals. The determination of who is appeal there from shall be entitled to recover from the losing party the prevailing party party’s reasonable attorneys’ fees, costs, and the amount of reasonable attorney fees to be paid to the prevailing party will be decided expenses determined by the court court, or courts, including any appellate courts, in arbitrator before which the matter is tried, proceeding was tried or heard, or decided.

Appears in 5 contracts

Samples: Riparian Conservation Agreement, Conservation Agreement, Landowner Conservation Agreement

Attorney Fees. In the event of any suit or action to enforce or interpret any provision arising out of this Agreement (or that is based on this Agreement), the prevailing party is shall be entitled to recover, in addition to other costsits cost and expense, its reasonable attorney fees in connection with the suitfees, actionwhether incurred before trial, at trial, on appeal, or arbitration, and in any appeals. The determination of who is the prevailing party and the amount of reasonable attorney fees to be paid to the prevailing party will be decided by the court bankruptcy or courts, including any appellate courts, in which the matter is tried, heard, or decidedarbitration proceeding.

Appears in 5 contracts

Samples: Dealer Agreement, Dealer Agreement, Dealer Agreement

Attorney Fees. In the event of any suit or action it becomes necessary to enforce or interpret any provision the terms of this Agreement (by litigation or that is based on this Agreement)otherwise, the prevailing party is Party shall be entitled to recover, in addition to other costs, recover its reasonable attorney fees in connection with the suit, action, or arbitration, and in any appeals. The determination of who is the prevailing party and the amount of reasonable attorney fees to be paid to the prevailing party will be decided by the court or courtscosts, including any appellate courts, in which the matter is tried, heard, such fees or decidedcosts arising from subsequent appeals and efforts to execute on any judgment.

Appears in 4 contracts

Samples: Aircraft Purchase Agreement (PLBY Group, Inc.), Aircraft Purchase and Sale Agreement, Aircraft Purchase Agreement (Tempus Applied Solutions Holdings, Inc.)

Attorney Fees. In the event of If any suit arbitration, suit, or action is instituted to interpret or enforce or interpret any provision the provisions of this Agreement (or that is based on Agreement, to rescind this Agreement), or otherwise with respect to the subject matter of this Agreement, the party prevailing party is on an issue shall be entitled to recoverrecover with respect to such issue, in addition to other costs, reasonable attorney fees incurred in connection with the preparation or in prosecution or defense of such arbitration, suit, action, or arbitrationaction as determined by the arbitrator or trial court, and in if any appeals. The determination of who appeal is the prevailing party and the amount of taken from such decision, reasonable attorney fees to be paid to the prevailing party will be decided by the court or courts, including any appellate courts, in which the matter is tried, heard, or decidedas determined on appeal.

Appears in 4 contracts

Samples: Rental Contract, Agreement of Purchase and Sale (Jetblack Corp), Agreement of Purchase and Sale (Jetblack Corp)

Attorney Fees. In the event of any suit or action to enforce or interpret any provision of this Agreement (or that is based on otherwise arising out of this Agreement), the prevailing party is entitled to recover, in addition to other direct incremental costs, reasonable attorney fees in connection with the suit, action, or arbitration, and in any appeals. The determination of who is the prevailing party and the amount of reasonable attorney fees to be paid to the prevailing party will be decided by the court or courts, including any appellate courts, in which the matter is tried, heard, or decided.

Appears in 4 contracts

Samples: Loan Agreement (Creative Medical Technology Holdings, Inc.), Loan Agreement (Creative Medical Technology Holdings, Inc.), Patent Purchase Agreement (Creative Medical Technology Holdings, Inc.)

Attorney Fees. In the event of If any suit suit, action or action arbitration proceeding is filed by any party to enforce this Agreement or interpret any provision otherwise with respect to the subject matter of this Agreement (or that is based on this Agreement), the prevailing party is shall be entitled to recoverrecover reasonable attorney fees incurred in preparation or in prosecution or defense of such suit, in addition to other costsaction or arbitration proceeding as fixed by the trial court, or the arbitrator(s) and if any appeal is taken from the decision of the trial court or the arbitrator(s), reasonable attorney fees in connection with the suit, action, or arbitration, and in any appeals. The determination of who is the prevailing party and the amount of reasonable attorney fees to be paid to the prevailing party will be decided as fixed by the court or courts, including any appellate courts, in which the matter is tried, heard, or decidedcourt.

Appears in 3 contracts

Samples: Limited Liability Company Agreement (CHS Inc), Limited Liability Company Agreement (CHS Inc), Partnership Agreement (Cenex Harvest States Cooperatives)

Attorney Fees. In the event of any suit or action litigation to enforce or interpret declare any provision of the provisions of this Agreement (or that is based on this Agreement), the prevailing party is entitled to recover, in addition to other costs, shall recover and the losing party shall pay the reasonable attorney fees in connection with the suit, action, or arbitration, and in any appeals. The determination of who is incurred by the prevailing party at the trial or arbitration and the amount of reasonable attorney fees to be paid to the prevailing party will be decided upon any appeals therefrom, as determined by the court respective courts or courts, including any appellate courts, in which the matter is tried, heard, or decidedarbitrators.

Appears in 3 contracts

Samples: Sublease (CarePayment Technologies, Inc.), Contribution Agreement (CarePayment Technologies, Inc.), Sublease (Microhelix Inc)

Attorney Fees. In the event of an action or suit is brought by any suit or action Party under this Agreement to enforce any of its terms, or interpret in any provision of this Agreement (or appeal therefrom, it is agreed that is based on this Agreement), the prevailing party is Party shall be entitled to recover, in addition to other recover it legal costs, including reasonable attorney fees in connection with the suitattorneys’ fees, action, or arbitration, and in any appeals. The determination of who is the prevailing party and the amount of reasonable attorney fees to be paid to the prevailing party will be decided fixed by the trial court or courts, including any and/or appellate courts, in which the matter is tried, heard, or decidedcourt.

Appears in 3 contracts

Samples: Master Service Agreement, Master Services Agreement, Master Services Agreement

Attorney Fees. In any action, arbitration or proceeding brought enforcing the event of any suit or action to enforce or interpret any provision terms of this Agreement (agreement or that is based on because of an alleged dispute, breach, default or misrepresentation in connection the with this Agreement)Contract, the prevailing party is shall be entitled to recoverrecover his reasonable attorney fees and court costs, including those incurred on appeal, in addition to such other costs, reasonable attorney fees in connection with the suit, action, or arbitration, and in any appeals. The determination of who is the prevailing party and the amount of reasonable attorney fees relief to which he may be paid to the prevailing party will be decided by the court or courts, including any appellate courts, in which the matter is tried, heard, or decidedentitled.

Appears in 3 contracts

Samples: Exclusive License/Manufacturing Agreement (Megola Inc), Exclusive License/Manufacturing Agreement (Megola Inc), Exclusive License/Manufacturing Agreement (Megola Inc)

Attorney Fees. In the event of any suit or action to enforce or interpret any provision of this Agreement (or that is based on this Agreement), the prevailing party is entitled to recover, in addition to other costs, reasonable attorney fees in connection with the If suit, action, or arbitrationarbitration is brought either directly or indirectly to enforce the terms of this agreement, and in any appeals. The determination of who is the prevailing party shall recover, and the amount of losing party hereby agrees to pay, reasonable attorney attorney’s fees to be paid to incurred in such proceeding, in the prevailing party will be decided by the court or courts, including any trial and appellate courts, in which the matter is tried, heard, or decidedas well as costs and disbursements as ordered by a court of competent jurisdiction.

Appears in 3 contracts

Samples: Personal Services Contract, Personal Services Contract, Personal Services Contract

Attorney Fees. In the event of If any suit arbitration, suit, or action is instituted to interpret or enforce or interpret any provision the provisions of this Agreement (or that is based on Agreement, to rescind this Agreement), or otherwise with respect to the subject matter of this Agreement, the party prevailing party is on an issue will be entitled to recoverrecover with respect to such issue, in addition to other costs, reasonable attorney fees incurred in connection with the preparation, prosecution, or defense of such arbitration, suit, actionor action as determined by the arbitrator or trial court, or arbitrationand, and in if any appeals. The determination of who appeal is the prevailing party and the amount of taken from such decision, reasonable attorney fees to be paid to the prevailing party will be decided by the court or courts, including any appellate courts, in which the matter is tried, heard, or decidedas determined on appeal.

Appears in 3 contracts

Samples: Training Subscription Agreement, Housing Loan Agreement, Exclusive Manufacturing, Marketing and Distribution License Agreement (Tristar Wellness Solutions, Inc.)

Attorney Fees. In the event of any If suit or action is filed to enforce this Agreement, or interpret any provision otherwise with respect to the subject matter of this Agreement (or that is based on this Agreement), the prevailing party is shall be entitled to recover, in addition to other costs, recover reasonable attorney fees incurred in connection with the suitpreparation for and litigation of such suit or action at trial, action, or arbitration, on appeal and in on any appeals. The determination of who is the prevailing party and the amount of reasonable attorney fees to be paid to the prevailing party will be decided by the court or courts, including any appellate courts, in which the matter is tried, heard, or decidedpetition for review.

Appears in 3 contracts

Samples: Membership Interest Sale Agreement (Aequitas Management LLC), Note Payment and Membership Interest Sale Agreement (Aequitas Capital Management Inc.), Note Payment and Membership Interest Sale Agreement (Aequitas Capital Management Inc.)

Attorney Fees. In the event of any suit litigation or action to enforce arbitration between the parties hereto respecting or interpret any provision arising out of this Agreement (or that is based on this Agreement), the prevailing party is in such action and any appeals therefrom shall be entitled to recoverrecover reasonable legal fees, in addition whether or not such litigation or arbitration proceeds to other costs, reasonable attorney fees in connection with the suit, action, final judgment or arbitration, and in any appeals. The determination of who is the prevailing party and the amount of reasonable attorney fees to be paid to the prevailing party will be decided by the court or courts, including any appellate courts, in which the matter is tried, heard, or decideddetermination.

Appears in 2 contracts

Samples: Processing Services Agreement (Solutionsamerica Inc), Processing Services Agreement (Orbis Development Inc)

Attorney Fees. In the event of any suit or action to enforce or interpret relating to any provision of this Agreement (or that is based on this Agreement), the prevailing party is shall be entitled to recover, in addition to other costs, reasonable attorney fees recover its costs and expenses in connection with the suit, action, such suit or arbitration, and in any appeals. The determination of who is the prevailing party and the amount of reasonable attorney fees to be paid to the prevailing party will be decided by the court or courtsappeal thereof, including without limitation, its attorney fees. Whenever provision is made in this Agreement the payment of attorneys fees, such fees shall be payable whether the legal services are rendered by salaried employee of the party or by independent counsel and shall include such fees as are incurred in connection with any appellate courtspretrial proceeding, in which trial or appeal of the matter is tried, heard, or decidedaction.

Appears in 2 contracts

Samples: Mortgage Purchase Master Agreement, Mortgage Purchase Master Agreement

Attorney Fees. In the event of any that suit or action is instituted to enforce or interpret any provision the terms of this Agreement (or that is based on this Agreement), the prevailing party is shall be entitled to recover, in addition to other recover his or its attorney fees and costs, reasonable attorney fees in connection with the suitincluding those incurred on appeal, action, or arbitration, and in any appeals. The determination of who is the prevailing party and the amount of reasonable attorney fees to be paid to the prevailing party will be decided as determined by the court or courts, including any appellate courts, in which the matter is tried, heard, or decidedcourt.

Appears in 2 contracts

Samples: Employment Agreement (Province Healthcare Co), Employment Agreement (Province Healthcare Co)

Attorney Fees. In If any legal action or other proceeding, including arbitration, is brought for the event of any suit or action to enforce or interpret any provision enforcement of this Agreement (Agreement, or that is based on because of an alleged dispute, breach, default or misrepresentation in connection with any provisions of this Agreement), the prevailing party is shall be entitled to recoverrecover reasonable attorney fees, court costs and all expenses even if not taxable as court costs, incurred in that action or proceeding, in addition to any other costs, reasonable attorney fees in connection with the suit, action, or arbitration, and in any appeals. The determination of who is the prevailing relief to which such party and the amount of reasonable attorney fees to may be paid to the prevailing party will be decided by the court or courts, including any appellate courts, in which the matter is tried, heard, or decidedentitled.

Appears in 2 contracts

Samples: Executive Employment Agreement (Host America Corp), Executive Employment Agreement (Host America Corp)

Attorney Fees. In the event of If any suit arbitration, suit, or action is instituted to interpret or enforce or interpret any provision the provisions of this Agreement (Agreement, or that is based on otherwise with respect to the subject matter of this Agreement), the party prevailing party is on an issue will be entitled to recoverrecover with respect to such issue, in addition to other costs, reasonable attorney fees incurred in connection with the preparation, prosecution, or defense of such arbitration, suit, action, or arbitrationaction as determined by the arbitrator or trial court, and in if any appeals. The determination of who appeal is the prevailing party and the amount of taken from such decision, reasonable attorney fees to be paid to the prevailing party will be decided by the court or courts, including any appellate courts, in which the matter is tried, heard, or decidedas determined on appeal.

Appears in 2 contracts

Samples: Consultant Agreement (Ascent Solar Technologies, Inc.), Separation Agreement (Ascent Solar Technologies, Inc.)

Attorney Fees. In the event of any suit or action or arbitration proceeding to enforce or interpret any provision of this Agreement (or that which is based on this Agreement), the prevailing party is will be entitled to recover, in addition to other costs, reasonable attorney fees in connection with the such suit, action, or arbitration, and in any appealsappeal. The determination of who is the prevailing party and the amount of reasonable attorney fees to be paid to the prevailing party will be decided by the court or courts, including any appellate courts, in which the matter is tried, heard, or decided.the

Appears in 2 contracts

Samples: Incentive Stock Option Agreement (Barrett Business Services Inc), Incentive Stock Option Agreement (Barrett Business Services Inc)

Attorney Fees. In the event of any suit or action to enforce or interpret any provision of this Agreement (or that is based on this Agreement), the prevailing party is entitled to recover, in addition to other costs, reasonable attorney fees in connection with the suit, action, or arbitration, and in any appeals. The determination of who is the prevailing party and the amount number of reasonable attorney fees to be paid to the prevailing party will be decided by the court or courts, including any appellate courts, in which the matter is tried, heard, or decided.

Appears in 2 contracts

Samples: Operating Agreement, Operating Agreement

Attorney Fees. In the event of If any suit suit, action, arbitration or action proceeding is instituted to enforce or interpret any provision of the provisions of this Agreement (or that is based on this Agreement), the prevailing party is will be entitled to recover, in addition to other costscosts and disbursements, its reasonable attorney attorneys fees in connection with the suit, action, or arbitration, and in as determined by any appeals. The determination of who is the prevailing party and the amount of reasonable attorney fees to be paid to the prevailing party will be decided by the court or courtsarbitrator in which such action or proceeding is tried, heard or decided, including any appellate courts, in which the matter is tried, heard, or decidedappeal.

Appears in 2 contracts

Samples: Independent Contractor Agreement, Independent Contractor Agreement

Attorney Fees. In the event of any suit action or action proceeding to enforce or interpret any provision the terms of this Agreement (or that is based on this Agreement), the prevailing party is shall be entitled to recoverrecover its reasonable attorney fees, in addition to other costscosts and disbursement, reasonable attorney fees in connection with the suit, action, or at arbitration, trial, and in any appeals. The determination of who is the prevailing party and the amount of reasonable attorney fees to be paid to the prevailing party will be decided by the court or courts, including any appellate courts, in which the matter is tried, heard, or decidedon appeal.

Appears in 2 contracts

Samples: Intergovernmental Agreement, Intergovernmental Agreement

Attorney Fees. In the event of If any suit or action is instituted to interpret or enforce or interpret any provision the provisions of this Agreement (or that is based on Agreement, to rescind this Agreement), or otherwise with respect to the subject matter of this Agreement, the party prevailing party is on an issue will be entitled to recoverrecover with respect to such issue, in addition to other costs, reasonable attorney fees incurred in connection with the preparation, prosecution, or defense of such arbitration, suit, actionor action as determined by the arbitrator or trial court and, or arbitrationif any appeal is taken from such decision, and in any appeals. The determination of who is the prevailing party and the amount of reasonable attorney fees to be paid to the prevailing party will be decided by the court or courts, including any appellate courts, in which the matter is tried, heard, or decidedas determined on appeal.

Appears in 2 contracts

Samples: Executive Employment Agreement (LTX-Credence Corp), Executive Employment Agreement (LTX-Credence Corp)

Attorney Fees. In the event of any suit dispute or action to enforce or interpret any provision of this Agreement (or that is based on breach under this Agreement), the prevailing party shall be entitled, whether or not any action or arbitration is entitled instituted, to recover, in addition to recover from the other party its reasonable costs, reasonable disbursements, and attorney fees fees, including without limitation at trial, on appeal, on denial of any petition for review, and in connection with the suit, action, or arbitration, and in enforcement of any appeals. The determination of who is the prevailing party and the amount of reasonable attorney fees to be paid to the prevailing party will be decided by the court or courts, including any appellate courts, in which the matter is tried, heard, or decidedjudgement.

Appears in 1 contract

Samples: Master Services Agreement

Attorney Fees. In the event of any suit suit, action or action arbitration to ------------- interpret or enforce or interpret any provision of this Agreement (or that is based on this Agreement), the prevailing party is shall be entitled to recoverrecover its attorney fees, in addition to other costs, reasonable attorney fees in connection with the suit, action, or arbitration, costs and in any appeals. The determination of who is the prevailing party out-of-pocket expenses at trial and the amount of reasonable attorney fees to be paid to the prevailing party will be decided by the court or courts, including any appellate courts, in which the matter is tried, heard, or decidedon appeal.

Appears in 1 contract

Samples: Change of Control Agreement (Flir Systems Inc)

Attorney Fees. In the event of any If suit or action is instituted to enforce or interpret any provision of the terms of this Agreement (or that is based on this Agreement), the prevailing party is shall be entitled to recoverrecover from the other party, in addition to other costs, such sums as the court may adjudge reasonable attorney for legal fees in connection with at the suit, action, or arbitration, trial and in any appealsappellate or bankruptcy proceeding. The determination Location agrees to pay all costs of who is the prevailing party and the amount of reasonable attorney fees collection for sums due to be paid to the prevailing party will be decided by the court or courtsCompany under this Agreement, including any appellate courtsattorney fees, in which the matter whether or not suit or action is tried, heard, or decidedcommenced.

Appears in 1 contract

Samples: Atm Site Location Agreement

Attorney Fees. In the event of any suit If an action is instituted to declare or action to enforce or interpret any provision of this Agreement (or that is based on this Agreement)Contract, the prevailing party is shall be entitled to recoverrecover reasonable attorney fees from the losing party in the trial and all appellate courts, in addition to any other recovery and costs, reasonable attorney fees in connection with the suit, action, or arbitration, and in any appeals. The determination of who is the prevailing party and the amount of reasonable attorney fees to be paid to the prevailing party will be decided by the court or courts, including any appellate courts, in which the matter is tried, heard, or decided.

Appears in 1 contract

Samples: Professional Services

Attorney Fees. In the event of that any party to this Agreement shall commence any suit or action to interpret or enforce or interpret any provision of this Agreement (or that is based on this Agreement)agreement, the prevailing party is entitled to recover, in addition to other costs, reasonable attorney fees such action shall recover that party’s costs and expenses incurred in connection with the suit, suit or action, or arbitrationincluding attorneys’ fees and costs of appeal, and in any appeals. The determination of who is the prevailing party and the amount of reasonable attorney fees to be paid to the prevailing party will be decided by the court or courts, including any appellate courts, in which the matter is tried, heard, or decidedif any.

Appears in 1 contract

Samples: Referral Agreement (Whitney Information Network Inc)

Attorney Fees. In the event of any suit or action brought to enforce or interpret any provision of this Agreement (or that is based on this Agreement), or to seek damages for breach thereof, the prevailing party is shall be entitled to recover, recover a reasonable attorney's fee (including a reasonable attorney's fee on any appeal thereof) and reasonable costs of litigation in addition to any other costs, reasonable attorney fees in connection with the suit, action, award or arbitration, and in any appeals. The determination of who is the prevailing party and the amount of reasonable attorney fees to be paid to the prevailing party will be decided decree granted or given by the court or courts, including any appellate courts, in which the matter is tried, heard, or decidedcourt.

Appears in 1 contract

Samples: Stock Purchase Agreement (Growtex Inc)

Attorney Fees. In the event of If any suit or action to enforce or interpret any provision of this Agreement (or that is based on this Agreement), the prevailing party is entitled to recover, in addition to other costs, reasonable attorney fees in connection with the suit, action, or arbitrationproceeding shall be instituted to enforce or interpret this Agreement, and in any appeals. The determination of who is the prevailing party and shall be entitled to recover from the amount of losing party, in addition to costs, such sums as the court may adjudge reasonable for the prevailing parties' attorney fees to be paid to the prevailing party will be decided by the court in such suit, action, proceeding or courts, including any appellate courts, in which the matter is tried, heard, or decidedappeal thereof.

Appears in 1 contract

Samples: Property Management Agreement (Country Maid Financial Inc)

Attorney Fees. In the event of any suit dispute or action to enforce or interpret any provision of this Agreement (or that is based on breach under this Agreement), the prevailing party shall be entitled, whether or not any action or arbitration is entitled instituted, to recover, in addition to recover from the other party its reasonable costs, reasonable disbursements and attorney fees fees, including without limitation at trial, on appeal, on denial of any petition for review, and in connection with the suit, action, or arbitration, and in enforcement of any appeals. The determination of who is the prevailing party and the amount of reasonable attorney fees to be paid to the prevailing party will be decided by the court or courts, including any appellate courts, in which the matter is tried, heard, or decidedjudgment.

Appears in 1 contract

Samples: Consulting Agreement (Ascent Solar Technologies, Inc.)

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Attorney Fees. In the event of any If suit or action is instituted to enforce or interpret any provision of the terms of this Agreement (or that is based on this Agreement), the prevailing party is shall be entitled to recoverrecover from the other party, in addition to other costs, such sums as the court may adjudge reasonable attorney for legal fees in connection with the suit, action, or arbitration, at trial and in any appealsappellate or bankruptcy proceeding. The determination Location agrees to pay all costs of who is the prevailing party and the amount of reasonable attorney fees collection for sums due to be paid to the prevailing party will be decided by the court or courtsOwner under this Agreement, including any appellate courtsattorney fees, in which the matter whether or not suit or action is tried, heard, or decidedcommenced.

Appears in 1 contract

Samples: Atm Location Agreement

Attorney Fees. In the event of any suit or action to enforce or interpret any provision of this Agreement agreement (or that is based on this Agreementagreement), the prevailing party is entitled to recover, in addition to other costs, reasonable attorney fees in connection with the suit, action, action or arbitration, and in any appeals. The determination of who is the prevailing party and the amount of reasonable attorney fees to be paid to the prevailing party will be decided by the court or courts, including any appellate courts, in which the matter is tried, heard, or decided.

Appears in 1 contract

Samples: Operating Agreement

Attorney Fees. In connection with any litigation or court proceeding arising out of the event of any suit or action to enforce or interpret any provision enforcement of this Agreement (or that is based on this Agreement), the prevailing party is shall be entitled to recoverrecover from the other, in addition all cost incurred, including reasonable attorneys fees incurred for services rendered before suit is brought, prior to other coststrial, reasonable attorney fees in connection with the suit, actionat trial, or arbitration, and in any appeals. The determination of who is the prevailing party and the amount of reasonable attorney fees to be paid to the prevailing party will be decided by the court or courts, including any appellate courts, in which the matter is tried, heardappeal, or decidedin federal bankruptcy proceedings.

Appears in 1 contract

Samples: Origination and Sales Agreement (Westmark Group Holdings Inc)

Attorney Fees. In any action between the event of any suit or action Parties to enforce or interpret any provision of the terms of this Agreement (or that is based on any other matter arising from this Agreement), . the prevailing party is Party shall be entitled to recover, in addition to other costs, reasonable attorney fees in connection with the suit, action, or arbitration, recover its costs and in any appeals. The determination of who is the prevailing party and the amount of reasonable attorney fees to be paid to the prevailing party will be decided by the court or courtsexpenses, including any appellate courtsreasonable attorneys' fees up to and including all negotiations, in which the matter trials and appeals, whether or not litigation is tried, heard, or decidedinitiated.

Appears in 1 contract

Samples: Financial and Corporate Development Consulting Agreement (Medifirst Solutions, Inc.)

Attorney Fees. A. In the event of any suit or action to enforce or interpret any provision litigation between the parties hereto regarding the interpretation of this Agreement (Agreement, or that the obligations, duties or rights of the parties hereunder, or if suit otherwise is based on brought to recover damages for breach of this Agreement), or an action be brought for injunction or specific performance, then and in such events, the prevailing party is entitled shall recover all reasonable costs incurred with regard to recover, in addition to other costs, reasonable attorney fees in connection with the suit, action, or arbitration, and in any appeals. The determination of who is the prevailing party and the amount of reasonable attorney fees to be paid to the prevailing party will be decided by the court or courtssuch litigation, including any appellate courts, in which the matter is tried, heard, or decidedreasonable attorney’s fees.

Appears in 1 contract

Samples: Construction Contract

Attorney Fees. In the event of any suit action or action proceeding is brought to interpret or enforce or interpret any provision of this Agreement (or that is based on this Agreement), the prevailing party is Party in such action or proceeding shall be entitled to recoverrecover attorney’s fees (including costs and expenses), in addition to any other costs, reasonable attorney fees in connection with the suit, action, or arbitration, and in any appeals. The determination of who is the prevailing party and the amount of reasonable attorney fees relief to which it may be paid to the prevailing party will be decided by the court or courts, including any appellate courts, in which the matter is tried, heard, or decidedentitled.

Appears in 1 contract

Samples: Remediation Consulting Services Agreement

Attorney Fees. In the event of any suit or action to enforce or interpret any provision of this Agreement (or that is based on this Agreement), the prevailing party is entitled to recover, in addition to other costs, reasonable attorney fees in connection with the suit, action, or arbitration, and in any appeals. The determination of who is the prevailing party and the amount of reasonable attorney fees to be paid to the prevailing party will be decided by the arbitrator, court or courts, including any appellate courts, in which the matter is tried, heard, or decided.

Appears in 1 contract

Samples: Operating Agreement

Attorney Fees. In the event of any suit action or action proceeding to enforce or interpret any provision the terms of this Agreement (or that is based on this Agreement), the prevailing party is shall be entitled to recoverrecover its reasonable attorney fees, in addition to other costscosts and disbursements, reasonable attorney fees in connection with the suit, action, or at arbitration, trial, and in any appeals. The determination of who is the prevailing party and the amount of reasonable attorney fees to be paid to the prevailing party will be decided by the court or courts, including any appellate courts, in which the matter is tried, heard, or decidedon appeal.

Appears in 1 contract

Samples: Agreement for Use of Park

Attorney Fees. In the event of If any suit or action is filed by any party to enforce this Agreement or interpret any provision otherwise with respect to the subject matter of this Agreement (or that is based on this Agreement), the prevailing party is shall be entitled to recoverrecover reasonable attorney fees incurred in preparation or in prosecution or defense of such suit or action as fixed by the trial court and, in addition to other costsif any appeal is taken from the decision of the trial court, reasonable attorney fees in connection with the suit, action, or arbitration, and in any appeals. The determination of who is the prevailing party and the amount of reasonable attorney fees to be paid to the prevailing party will be decided as fixed by the court or courts, including any appellate courts, in which the matter is tried, heard, or decidedappellatecourt.

Appears in 1 contract

Samples: Registry Terms of Use

Attorney Fees. In the event of If any suit or action is filed by any party to enforce this Agreement or interpret any provision otherwise with respect to the subject matter of this Agreement (or that is based on this Agreementincluding any arbitral award in accordance with paragraph 22), the prevailing party is shall be entitled to recoverrecover reasonable attorney fees incurred in preparation or in prosecution or defense of such suit or action as fixed by the trial court, in addition to other costsand if any appeal is taken from the decision of the trial court, reasonable attorney fees in connection with the suit, action, or arbitration, and in any appeals. The determination of who is the prevailing party and the amount of reasonable attorney fees to be paid to the prevailing party will be decided as fixed by the court or courts, including any appellate courts, in which the matter is tried, heard, or decidedcourt.

Appears in 1 contract

Samples: Employment Agreement (Hollywood Entertainment Corp)

Attorney Fees. In the event of any that suit or action is instituted by any party to this Agreement to enforce or interpret any provision the terms of this Agreement (or agreement, it is understood that is based on this Agreement), the prevailing party is in such suit or action shall be entitled to recover, in addition to other coststhe relief provided by the court, such further sums as the trial or appellate court may award as reasonable attorney fees in connection with the suit, action, or arbitration, and in any appeals. The determination of who is the prevailing party and the amount of reasonable attorney fees to be paid to the prevailing party will be decided by the court or courtsfees, including any appellate courts, in which fees assessed as the matter is tried, heard, or decidedreasonable estimated costs to enforce collection of any judgment entered.

Appears in 1 contract

Samples: Commercial Lease Agreement (Monterey Pasta Co)

Attorney Fees. In the event of any that suit or action is instituted to enforce or interpret any provision the terms of this Agreement (or that is based on this Agreement), the prevailing party is shall be entitled to recoverrecover its attorney fees, in addition to other costs, reasonable attorney fees in connection with the suit, action, or arbitration, including those incurred on appeal and in any appeals. The determination of who is the prevailing party and the amount of reasonable attorney fees to be paid to the prevailing party will be decided bankruptcy court proceedings, as determined by the court or courts, including any appellate courts, in which the matter is tried, heard, or decidedcourt.

Appears in 1 contract

Samples: Consulting Services Agreement (Upstream Biosciences Inc.)

Attorney Fees. In the event of If any suit or action is filed by any party to enforce this Agreement or interpret any provision otherwise with respect to the subject matter of this Agreement (or that is based on this Agreement), the prevailing party is shall be entitled to recoverrecover reasonable attorney fees incurred in preparation or in prosecution or defense of such suit or action as fixed by the trial court and, in addition to other costsif any appeal is taken from the decision of the trial court, reasonable attorney fees in connection with the suit, action, or arbitration, and in any appeals. The determination of who is the prevailing party and the amount of reasonable attorney fees to be paid to the prevailing party will be decided as fixed by the court or courts, including any appellate courts, in which the matter is tried, heard, or decidedcourt.

Appears in 1 contract

Samples: Terms of Use

Attorney Fees. In the event of any suit or action to enforce or interpret this Agreement, or for any provision reason on account of any breach of this Agreement (or that is based on this Agreement), the prevailing party is in such action shall be entitled to recover, in addition to recover from the other party its costs, disbursements and reasonable attorney fees as determined to any the court in connection with the suit, action, or arbitration, such action and in any appeals. The determination of who is the prevailing party and the amount of reasonable attorney fees to be paid to the prevailing party will be decided by the court or courts, including any appellate courts, in which the matter is tried, heard, or decidedappeal therefrom.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Flir Systems Inc)

Attorney Fees. In the event of If any suit proceeding, suit, action, or action claim is instituted to enforce or interpret any provision of the terms or conditions of this Agreement (or that is based on this Agreement), the prevailing party is entitled to recovershall recover from the party not prevailing, in addition to any other rights and remedies it may have, such sums as any arbitration panel or court finds reasonable as attorney fees and costs in arbitration, at trial, or on appeal. In the event of a settlement of a dispute concerning any of the terms or conditions of this Agreement, the parties shall pay attorney fees, costs, reasonable attorney fees and disbursements in connection accordance with the suit, action, or arbitration, and in any appeals. The determination provisions of who is the prevailing party and the amount of reasonable attorney fees to be paid to the prevailing party will be decided by the court or courts, including any appellate courts, in which the matter is tried, heard, or decidedsettlement agreement.

Appears in 1 contract

Samples: Services Agreement

Attorney Fees. In the event of any suit or action is brought to enforce or interpret any provision the terms of this Agreement (or that is based on this Agreement), the prevailing party is Party shall be entitled to recoverrecover as part of its cost, in addition to other costs, its reasonable attorney fees and costs incurred in connection with the suit, action, such suit or arbitration, and action in any appeals. The determination trial court of who is the prevailing party and the amount of reasonable attorney fees to be paid to the prevailing party will be decided by the court competent jurisdiction or courts, including any appellate courts, in which the matter is tried, heard, or decidedcourt upon appeal.

Appears in 1 contract

Samples: Road Use Agreement

Attorney Fees. In the event that litigation is commenced to interpret or enforce any of any suit the rights or action to enforce or interpret any provision of this Agreement (or that is based on obligations under this Agreement), the prevailing party is shall be entitled to recoverrecover its reasonable attorney's fees and litigation expenses incurred as a result of the litigation, in addition to other costs, reasonable attorney fees in connection with the suit, action, or arbitration, through both trial and in any appeals. The determination of who is the prevailing party and the amount of reasonable attorney fees to be paid to the prevailing party will be decided by the court or courts, including any appellate courts, in which the matter is tried, heard, or decidedlevels.

Appears in 1 contract

Samples: Distribution Agreement (American Enterprise Development Corp)

Attorney Fees. In the event of If any suit arbitration, action, or action other proceeding (“Proceeding”) is brought to enforce or interpret any provision the provisions of this Agreement (or that is based on this Agreement), the prevailing party is shall be entitled to recoverrecover all costs and expenses incurred in such Proceeding or on appeal, in addition to other costs, including reasonable attorney fees as fixed by the arbitrator or court, and including a reasonable amount for costs and attorney fees to be incurred in connection with collecting any money judgment or award or otherwise enforcing each order, judgment, or decree entered in the suitclaim for relief, action, or arbitration, and in any appeals. The determination of who is the prevailing party and the amount of reasonable attorney fees to be paid to the prevailing party will be decided by the court or courts, including any appellate courts, in which the matter is tried, heard, or decidedother proceeding.

Appears in 1 contract

Samples: Registration Rights Agreement (Quality Systems Inc)

Attorney Fees. In the event of an action or suit is brought by any suit or action Party under this Agreement to enforce any of its terms, or interpret in any provision of this Agreement (or appeal therefrom, it is agreed that is based on this Agreement), the prevailing party is Party shall be entitled to recover, in addition to other recover it legal costs, reasonable attorney fees in connection with the suit, action, or arbitration, and in any appeals. The determination of who is the prevailing party and the amount of reasonable attorney fees to be paid to the prevailing party will be decided by the court or courts, including any appellate courts, in which the matter is tried, heard, or decided.including

Appears in 1 contract

Samples: Master Services Agreement

Attorney Fees. In the event of that any party to this Agreement shall commence any suit or action to interpret or enforce or interpret any provision of this Agreement (or that is based on this Agreement), the prevailing party is entitled to recover, in addition to other costs, reasonable attorney fees such action shall recover that party’s costs and expenses incurred in connection with the suit, suit or action, or arbitration, and in any appeals. The determination of who is the prevailing party and the amount of reasonable including attorney fees to be paid to the prevailing party will be decided by the court or courtsand costs of appeal, including any appellate courts, in which the matter is tried, heard, or decidedif any.

Appears in 1 contract

Samples: Consulting Agreement (Ignis Petroleum Group, Inc.)

Attorney Fees. In the event of any suit litigation concerning any controversy, claim, or action dispute between the parties to enforce or interpret any provision of this Agreement (which arises out of or that is based on relates to this Agreement)Agreement or the breach or interpretation hereof, the prevailing party is shall be entitled to recoverrecover from the losing party reasonable expenses, in addition to other costs, reasonable attorney fees in connection with the suit, action, or arbitrationattorneys’ fees, and costs incurred in the litigation or in the enforcement or collection of any appealsjudgment or award rendered therein. The determination of who is the prevailing party and the amount of reasonable attorney fees to be paid to the prevailing party will be decided by the court or courts, including any appellate courts, in which the matter is tried, heard, or decided.term “

Appears in 1 contract

Samples: Employment Agreement (Elandia, Inc.)

Attorney Fees. In the event of that any party to this Agreement shall commence any suit or action to interpret or enforce or interpret any provision of this Agreement (or that is based on this Agreement), the prevailing party is entitled to recover, in addition to other costs, reasonable attorney fees such action shall recover that party's costs and expenses incurred in connection with the suit, suit or action, or arbitration, and in any appeals. The determination of who is the prevailing party and the amount of reasonable including attorney fees to be paid to the prevailing party will be decided by the court or courtsand costs of appeal, including any appellate courts, in which the matter is tried, heard, or decided.if any. Limitation of Liability

Appears in 1 contract

Samples: Consulting Agreement (Ignis Petroleum Group, Inc.)

Attorney Fees. In the event of any that suit or action is instituted to enforce or -------------- interpret any provision the terms of this Agreement (or that is based on this Agreement), the prevailing party is shall be entitled to recoverrecover its attorney fees, in addition to other costs, reasonable attorney fees in connection with the suit, action, or arbitration, including those incurred on appeal and in any appeals. The determination of who is the prevailing party and the amount of reasonable attorney fees to be paid to the prevailing party will be decided bankruptcy court proceedings, as determined by the court or courts, including any appellate courts, in which the matter is tried, heard, or decidedcourt.

Appears in 1 contract

Samples: Consulting Agreement (Wickes Inc)

Attorney Fees. In the event of any an arbitration, suit or action is brought ------------- by any party under this Agreement to enforce any of its terms, or interpret in any provision of this Agreement (or appeal therefrom, it is agreed that is based on this Agreement), the prevailing party is shall be entitled to recoverrecover reasonable attorneys fees from the other party, in addition to other costs, reasonable attorney fees in connection with the suit, action, or arbitration, and in any appeals. The determination of who is the prevailing party and the amount of reasonable attorney fees to be paid to the prevailing party will be decided fixed by the court or courtsarbitrator, including any trial court, and/or appellate courts, in which the matter is tried, heard, or decidedcourt.

Appears in 1 contract

Samples: Asset Purchase Agreement (Blue Rhino Corp)

Attorney Fees. In the event of any suit legal action or action proceeding, including ------------- an arbitration, is commenced to enforce or interpret any provision of this Agreement (or that is based on this Agreement), the prevailing party is shall be entitled to recover, in addition to other recover its attorney's fees and costs, reasonable attorney fees in connection with the suit, action, or arbitration, and in any appeals. The determination of who is the prevailing party and the amount of reasonable attorney fees to be paid to the prevailing party will be decided by the court or courts, including any appellate courts, in which the matter is tried, heard, or decided.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Image Entertainment Inc)

Attorney Fees. In the event of any suit action or action proceeding to interpret or enforce or interpret any provision the terms of this Agreement (or that is based on this Agreement), the prevailing party is entitled to recoverparty, in addition to other costs, reasonable attorney fees in connection with the suit, action, or arbitration, and in any appeals. The determination of who is the prevailing party and the amount of reasonable attorney fees to be paid to the prevailing party will be decided as determined by the court or courtsmediator, including any appellate courts, shall be entitled to recover its reasonable attorneys’ fees and costs incurred in which the matter is tried, heard, connection with such actions or decidedproceeding.

Appears in 1 contract

Samples: Animal Demonstration Education Program Services Agreement

Attorney Fees. In If any legal action or proceeding which is brought for the event of any suit or action to enforce or interpret any provision enforcement of this Agreement (or that is based on because of an alleged dispute, breach, default, or misrepresentation in connection with any provisions of this Agreement), the prevailing party is shall be entitled to recover, in addition to other costs, recover its reasonable attorney fees in connection with the suit, action, or arbitration, and in any appeals. The determination of who is the prevailing party and the amount of reasonable attorney fees to be paid to the prevailing party will be decided by the court or courts, including any appellate courts, in which the matter is tried, heard, or decidedcosts.

Appears in 1 contract

Samples: Aircraft Purchase Agreement (Beauticontrol Cosmetics Inc)

Attorney Fees. In the event of any If suit or action is instituted to enforce or interpret any provision of the terms of this Agreement (or that is based on this Agreement), the prevailing party is shall be entitled to recoverrecover from the other party, in addition to other costs, such sums as the court may adjudge reasonable attorney for legal fees in connection with the suit, action, or arbitration, at trial and in any appealsappellate or bankruptcy proceeding. The determination Location agrees to pay all costs of who is the prevailing party and the amount of reasonable attorney fees to be paid collection for sums due to the prevailing party will be decided by the court or courtsOwner under this Agreement, including any appellate courtsattorney fees, in which the matter whether or not a suit or action is tried, heard, or decidedcommenced.

Appears in 1 contract

Samples: Coinmover Digital Currency Machine on Site Installation Agreement

Attorney Fees. In the event of If any suit or action is filed by any party to enforce this Agreement or interpret any provision otherwise with respect to the subject matter of this Agreement (or that is based on this Agreement), the prevailing party is shall be entitled to recoverrecover reasonable attorney fees incurred in preparation or in prosecution or defense of such suit or action as fixed by the trial court and, in addition to other costsif an appeal is taken from the decision of the trial court, reasonable attorney fees in connection with the suit, action, or arbitration, and in any appeals. The determination of who is the prevailing party and the amount of reasonable attorney fees to be paid to the prevailing party will be decided as fixed by the court or courts, including any appellate courts, in which the matter is tried, heard, or decidedcourt.

Appears in 1 contract

Samples: Terms of Use

Attorney Fees. In the event of any suit or action to enforce or interpret any provision of this Agreement (or that is based on this Agreement), the prevailing party is shall be entitled to recover, in addition to other costsrecover from the losing party, reasonable attorney fees incurred in connection with the suitproceeding, action, or arbitration, and in any appeals. The determination of who is the prevailing party and the amount of reasonable attorney fees to be paid to the prevailing party will be decided as set by the court court, at trial, on appeal or courts, including any appellate courts, in which the matter is tried, heard, or decidedupon review.

Appears in 1 contract

Samples: Personal Services Agreement

Attorney Fees. In the event of any suit If legal proceedings are brought to enforce, interpret or action for damages for failure to enforce or interpret any provision of this Agreement (or that is based on abide by this Agreement), the prevailing party is shall be entitled to recover, in addition to other costs, recover reasonable attorney fees fees, including appellate attorney fees, to be charged as part of the court costs in connection with the suit, action, or arbitrationsuch proceedings, and in any appeals. The determination of who is the prevailing party and the amount of reasonable attorney fees to be paid to the prevailing party will be decided by the court or courts, including any appellate courts, in which the matter is tried, heard, or decidedlosing party. Section 12.

Appears in 1 contract

Samples: Employment Agreement (West Bancorporation Inc)

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