Common use of Attorneys’ Fees and Cost of Collection Clause in Contracts

Attorneys’ Fees and Cost of Collection. In the event of any action at law or in equity to enforce or interpret the terms of this Agreement or any of the other Transaction Documents, the parties agree that the party who is awarded the most money shall be deemed the prevailing party for all purposes and shall therefore be entitled to an additional award of the full amount of the attorneys’ fees and expenses paid by such prevailing party in connection with the litigation and/or dispute without reduction or apportionment based upon the individual claims or defenses giving rise to the fees and expenses. Nothing herein shall restrict or impair a court’s power to award fees and expenses for frivolous or bad faith pleading. SUBSCRIPTION AMOUNT: Original Principal Amount of Note: $ 330,000.00 Purchase Price $ 300,000.00 IN WITNESS WHEREOF, the undersigned Buyer and the Company have caused this Agreement to be duly executed as of the date first above written. THE COMPANY: Home Bistro, Inc. By: /s/ Xxxxx Xxxxxxx Xxxxx Xxxxxxx Chief Executive Officer THE BUYER: VISTA CAPITAL INVESTMENTS, LLC By: /s/ Xxxxx X. Xxxxx Xxxxx X. Xxxxx Managing Member EXHIBIT A NOTE EXHIBIT B TRUE-UP NOTICE VISTA CAPITAL INVESTORS, LLC Date: __________________________ [Company] [Address] TRUE-UP NOTICE The above-captioned Holder hereby gives notice to [Company], a Nevada corporation (the “Company”), pursuant to that certain Securities Purchase Agreement dated by and between the Company and the Holder (the “Purchase Agreement”), that the Holder elects to receive fully paid and non- assessable True-Up Shares pursuant to Section 1.3 of the Purchase Agreement. Such True-Up Shares shall be calculated as set forth below. In the event of a conflict between this True-Up Notice and the Purchase Agreement, the Purchase Agreement shall govern, or, in the alternative, at the election of the Holder in its sole discretion, the Holder may provide a new form of True-Up Notice to conform to the Purchase Agreement.

Attorneys’ Fees and Cost of Collection. In the event of any action at law or in equity to enforce or interpret the terms of this Agreement or any of the other Transaction Documents, the parties agree that the party who is awarded the most money shall be deemed the prevailing party for all purposes and shall therefore be entitled to an additional award of the full amount of the attorneys’ fees and expenses paid by such prevailing party in connection with the litigation and/or dispute without reduction or apportionment based upon the individual claims or defenses giving rise to the fees and expenses. Nothing herein shall restrict or impair a court’s power to award fees and expenses for frivolous or bad faith pleading. SUBSCRIPTION AMOUNT: Original Principal Amount of Note: $ 330,000.00 50,000.00 Purchase Price Price: $ 300,000.00 45,000.00 IN WITNESS WHEREOF, the undersigned Buyer and the Company have caused this Agreement to be duly executed as of the date first above written. THE COMPANY: Home BistroCool Technologies, Inc. By: /s/ Xxxxx Xxx Xxxxxxx Xxxxx Xxxxxxx Xx. Xxx Xxxxxx Chief Executive Officer THE BUYER: VISTA CAPITAL INVESTMENTSLGH Investments, LLC By: /s/ Xxxxx X. Xxxxxx Xxxxx Xxxxx X. Xxxxx Xxxxxx Managing Member EXHIBIT A NOTE EXHIBIT B TRUE-UP NOTICE VISTA CAPITAL INVESTORSNEITHER THIS NOTE NOR THE SECURITIES INTO WHICH THIS NOTE IS CONVERTIBLE HAVE BEEN REGISTERED WITH THE SECURITIES AND EXCHANGE COMMISSION OR THE SECURITIES COMMISSION OF ANY STATE. THESE SECURITIES HAVE BEEN SOLD IN RELIANCE UPON AN EXEMPTION FROM REGISTRATION UNDER THE SECURITIES ACT OF 1933, LLC AS AMENDED (THE “SECURITIES ACT”), AND, ACCORDINGLY, MAY NOT BE OFFERED OR SOLD EXCEPT PURSUANT TO AN EFFECTIVE REGISTRATION STATEMENT UNDER THE SECURITIES ACT OR PURSUANT TO AN AVAILABLE EXEMPTION FROM, OR IN A TRANSACTION NOT SUBJECT TO, THE REGISTRATION REQUIREMENTS OF THE SECURITIES ACT AND IN ACCORDANCE WITH APPLICABLE STATE SECURITIES LAWS. COOL TECHNOLOGIES, INC. PROMISSORY NOTE Issuance Date: __________________________ [Company] [Address] TRUE-UP NOTICE The above-captioned Holder hereby gives notice to [Company]October 30, 2020 Original Principal Amount: $50,000 Note No. WARM-18 Consideration Paid at Close: $45,000 FOR VALUE RECEIVED, Cool Technologies, Inc., a Nevada corporation with a par value of $0.001 per common share (“Par Value”) (the “Company”), pursuant hereby promises to that certain Securities Purchase Agreement dated by and between pay to the Company and the Holder order of LGH Investments, LLC, a Wyoming limited liability company or registered assigns (the “Purchase AgreementHolder”) the amount set out above as the Original Principal Amount (as reduced pursuant to the terms hereof pursuant to redemption, conversion or otherwise, the “Principal”) when due, whether upon the Maturity Date (as defined below), acceleration, redemption or otherwise (in each case in accordance with the terms hereof) and to pay interest (“Interest”) on any outstanding Principal at the applicable Interest Rate from the date set out above as the Issuance Date (the “Issuance Date”) until the same becomes due and payable, upon the Maturity Date or acceleration, conversion, redemption or otherwise (in each case in accordance with the terms hereof). The Original Principal Amount is $50,000 (fifty thousand) plus accrued and unpaid interest and any other fees. The Consideration is $45,000 (forty-five thousand) payable by wire transfer (there exists a $5,000 original issue discount (the “OID”), that the ). The Holder elects to receive fully paid and non- assessable True-Up Shares pursuant to Section 1.3 shall pay $45,000 of the Purchase Agreement. Such True-Up Shares shall be calculated as set forth below. In the event Consideration upon closing of a conflict between this True-Up Notice and the Purchase Agreement, the Purchase Agreement shall govern, or, in the alternative, at the election of the Holder in its sole discretion, the Holder may provide a new form of True-Up Notice to conform to the Purchase AgreementNote.

Attorneys’ Fees and Cost of Collection. In the event of any action at law or in equity to enforce or interpret the terms of this Agreement or any of the other Transaction Documents, the parties agree that the party who is awarded the most money shall be deemed the prevailing party for all purposes and shall therefore be entitled to an additional award of the full amount of the attorneys’ fees and expenses paid by such prevailing party in connection with the litigation and/or dispute without reduction or apportionment based upon the individual claims or defenses giving rise to the fees and expenses. Nothing herein shall restrict or impair a court’s power to award fees and expenses for frivolous or bad faith pleading. SUBSCRIPTION AMOUNT: Original Principal Amount of Note: $ 330,000.00 165,000.00 Purchase Price Price: $ 300,000.00 150,000.00 IN WITNESS WHEREOF, the undersigned Buyer and the Company have caused this Agreement to be duly executed as of the date first above written. THE COMPANY: Home Bistro, Inc. By: /s/ Xxxxx Xxxxxxx Xxxxx Xxxxxxx Chief Executive Officer THE BUYER: VISTA CAPITAL INVESTMENTSXxxxxx Xxxx Remark Holdings, LLC Inc. By: /s/ Xxxxx X. Xxxxx Xxxxx X. Xxxxx Managing Member Xxxx Xxxxxx Xxxx Xxxxxx President EXHIBIT A NOTE EXHIBIT B TRUE-UP NOTICE VISTA CAPITAL INVESTORSXxxxxx Xxxx Remark Holdings, LLC Inc. Date: __________________________ [Company] [Address] Home Bistro, Inc., Inc. 0000 Xxxxx Xxxxxx, #000 Xxxxx Xxxxx, XX 00000 TRUE-UP NOTICE The above-captioned Holder hereby gives notice to [Company], a Nevada corporation (the “Company”), pursuant to that certain Securities Purchase Agreement dated datedMarch 30, 2021 by and between the Company and the Holder (the “Purchase Agreement”), that the Holder elects to receive fully paid and non- assessable True-Up Shares pursuant to Section 1.3 of the Purchase Agreement. Such True-Up Shares shall be calculated as set forth below. In the event of a conflict between this True-Up Notice and the Purchase Agreement, the Purchase Agreement shall govern, or, in the alternative, at the election of the Holder in its sole discretion, the Holder may provide a new form of True-Up Notice to conform to the Purchase Agreement.

Attorneys’ Fees and Cost of Collection. In the event of any action at law or in equity to enforce or interpret the terms of this Agreement or any of the other Transaction Documents, the parties agree that the party who is awarded the most money shall be deemed the prevailing party for all purposes and shall therefore be entitled to an additional award of the full amount of the attorneys’ fees and expenses paid by such prevailing party in connection with the litigation and/or dispute without reduction or apportionment based upon the individual claims or defenses giving rise to the fees and expenses. Nothing herein shall restrict or impair a court’s power to award fees and expenses for frivolous or bad faith pleading. SUBSCRIPTION AMOUNT: Original Principal Amount of Note: $ 330,000.00 $66,000.00 Purchase Price $ 300,000.00 Price: $60,000.00 IN WITNESS WHEREOF, the undersigned Buyer and the Company have caused this Agreement to be duly executed as of the date first above written. THE COMPANY: Home BistroCool Technologies, Inc. By: /s/ Xxxxx Xxx Xxxxxxx Xxxxx Xx. Xxx Xxxxxxx Chief Executive Officer THE BUYER: VISTA CAPITAL INVESTMENTSLGH Investments, LLC By: /s/ Xxxxx X. Xxxxxx Xxxxx Xxxxx X. Xxxxx Xxxxxx Managing Member EXHIBIT A NOTE EXHIBIT B TRUE-UP NOTICE VISTA CAPITAL INVESTORSNEITHER THIS NOTE NOR THE SECURITIES INTO WHICH THIS NOTE IS CONVERTIBLE HAVE BEEN REGISTERED WITH THE SECURITIES AND EXCHANGE COMMISSION OR THE SECURITIES COMMISSION OF ANY STATE. THESE SECURITIES HAVE BEEN SOLD IN RELIANCE UPON AN EXEMPTION FROM REGISTRATION UNDER THE SECURITIES ACT OF 1933, LLC AS AMENDED (THE “SECURITIES ACT”), AND, ACCORDINGLY, MAY NOT BE OFFERED OR SOLD EXCEPT PURSUANT TO AN EFFECTIVE REGISTRATION STATEMENT UNDER THE SECURITIES ACT OR PURSUANT TO AN AVAILABLE EXEMPTION FROM, OR IN A TRANSACTION NOT SUBJECT TO, THE REGISTRATION REQUIREMENTS OF THE SECURITIES ACT AND IN ACCORDANCE WITH APPLICABLE STATE SECURITIES LAWS. COOL TECHNOLOGIES, INC. PROMISSORY NOTE Issuance Date: __________________________ [Company] [Address] TRUE-UP NOTICE The above-captioned Holder hereby gives notice to [Company]September 15, 2020 Original Principal Amount: $66,000 Note No. WARM-17 Consideration Paid at Close: $60,000 FOR VALUE RECEIVED, Cool Technologies, Inc., a Nevada corporation with a par value of $0.001 per common share (“Par Value”) (the "Company"), hereby promises to pay to the order of LGH Investments, LLC, a Wyoming limited liability company or registered assigns (the "Holder") the amount set out above as the Original Principal Amount (as reduced pursuant to the terms hereof pursuant to redemption, conversion or otherwise, the "Principal") when due, whether upon the Maturity Date (as defined below), acceleration, redemption or otherwise (in each case in accordance with the terms hereof) and to pay interest ("Interest") on any outstanding Principal at the applicable Interest Rate from the date set out above as the Issuance Date (the "Issuance Date") until the same becomes due and payable, upon the Maturity Date or acceleration, conversion, redemption or otherwise (in each case in accordance with the terms hereof). The Original Principal Amount is $66,000 (sixty-six thousand) plus accrued and unpaid interest and any other fees. The Consideration is $60,000 (sixty thousand) payable by wire transfer (there exists a $6,000 original issue discount (the “CompanyOID”), pursuant to that certain Securities Purchase Agreement dated by and between the Company and the ). The Holder (the “Purchase Agreement”), that the Holder elects to receive fully paid and non- assessable True-Up Shares pursuant to Section 1.3 shall pay $60,000 of the Purchase Agreement. Such True-Up Shares shall be calculated as set forth below. In the event Consideration upon closing of a conflict between this True-Up Notice and the Purchase Agreement, the Purchase Agreement shall govern, or, in the alternative, at the election of the Holder in its sole discretion, the Holder may provide a new form of True-Up Notice to conform to the Purchase AgreementNote.