Common use of Attorneys’ Fees and Expenses for Enforcement Action Clause in Contracts

Attorneys’ Fees and Expenses for Enforcement Action. In the event Indemnitee is required to bring an Enforcement Action, the Company shall indemnify and hold harmless Indemnitee against all of Indemnitee's fees and expenses in bringing and pursuing the Enforcement Action (including attorneys' fees at any stage, including on appeal); provided, however, that the Company shall not be required to provide such indemnity for such attorneys' fees or expenses if a court of competent jurisdiction determines that each of the material assertions made by Indemnitee in such Enforcement Action was not made in good faith or was frivolous.

Appears in 9 contracts

Samples: Indemnification Agreement (Itron, Inc.), Indemnification Agreement (Greatfood Com Inc), Indemnification Agreement (Targeted Genetics Corp /Wa/)

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Attorneys’ Fees and Expenses for Enforcement Action. In the event Indemnitee is required to bring an Enforcement Action, the Company shall indemnify and hold harmless Indemnitee against all of Indemnitee's ’s fees and expenses in bringing and pursuing the Enforcement Action (including attorneys' fees at any stage, including on appeal); provided, however, that the Company shall not be required to provide such indemnity for such attorneys' fees or expenses if a court of competent jurisdiction determines that each of the material assertions made by Indemnitee in such Enforcement Action was not made in good faith or was frivolous.

Appears in 5 contracts

Samples: Indemnification Agreement (Cascade Bancorp), Form of Indemnification Agreement (Digi Outdoor Media Inc.), Indemnification Agreement (Cascade Bancorp)

Attorneys’ Fees and Expenses for Enforcement Action. In the event If Indemnitee is required to bring an Enforcement Action, the Company shall indemnify and hold harmless and indemnify Indemnitee against all of Indemnitee's ’s attorneys’ fees and expenses in bringing and pursuing the Enforcement Action (including but not limited to attorneys' fees at any stage, including and on appeal); provided, however, that the Company shall not be required to provide such indemnity indemnification for such attorneys' fees or and expenses if a court of competent jurisdiction determines that each any of the material assertions made by Indemnitee in such Enforcement Action was were not made in good faith or was were frivolous.

Appears in 3 contracts

Samples: Indemnification Agreement (Nordstrom Inc), Indemnification Agreement (Nordstrom Inc), Indemnification Agreement (Nordstrom Inc)

Attorneys’ Fees and Expenses for Enforcement Action. In the event Indemnitee is required to bring an Enforcement Action, the Company Bank shall indemnify and hold harmless Indemnitee against all of Indemnitee's ’s fees and expenses in bringing and pursuing the Enforcement Action (including attorneys' fees at any stage, including on appeal); provided, however, that the Company Bank shall not be required to provide such indemnity for such attorneys' fees or expenses if a court of competent jurisdiction determines that each of the material assertions made by Indemnitee in such Enforcement Action was not made in good faith or was frivolous.

Appears in 2 contracts

Samples: Indemnification Agreement (Cascade Bancorp), Indemnification Agreement (Cascade Bancorp)

Attorneys’ Fees and Expenses for Enforcement Action. In the event Indemnitee is required to bring an Enforcement Action, the Company shall indemnify and hold harmless Indemnitee against all of Indemnitee's fees and expenses in bringing and pursuing the Enforcement Action (including reasonable attorneys' fees at any stage, including on appeal); provided, however, that the Company shall not be required to provide such indemnity for such attorneys' fees or expenses if a court of competent jurisdiction determines that each of the material assertions made by Indemnitee in such Enforcement Action was not made in good faith or was frivolous.

Appears in 2 contracts

Samples: Stock Purchase and Shareholders Agreement (Bsquare Corp /Wa), Indemnification Agreement (Bsquare Corp /Wa)

Attorneys’ Fees and Expenses for Enforcement Action. In the event Indemnitee is required to bring an Enforcement Action, the Company shall indemnify and hold harmless Indemnitee against all of Indemnitee's fees and expenses in bringing and pursuing the Enforcement Action (including attorneys' fees at any stage, including on appeal); provided, however, that the Company shall not be required to provide such indemnity indemnification for such attorneys' fees or expenses if a court of competent jurisdiction determines it is finally adjudicated that each of the material assertions made by Indemnitee in such Enforcement Action was not made in good faith or was frivolousfrivolous or that the Company prevails in an enforcement action. 6.

Appears in 1 contract

Samples: Indemnification Agreement (TrueBlue, Inc.)

Attorneys’ Fees and Expenses for Enforcement Action. In the event If Indemnitee is required to bring an Enforcement Action, the Company shall indemnify and hold harmless and indemnify Indemnitee against all of Indemnitee's ’s attorneys’ fees and expenses in bringing and pursuing the Enforcement Action (including but not limited to attorneys' fees at any stage, including and on appeal); provided, however, that the Company shall not be required to provide such indemnity indemnification for such attorneys' fees or and expenses if a court of competent jurisdiction determines that each any of the material assertions made by Indemnitee in such Enforcement Action was were not made in good faith or was were frivolous. 5 4.

Appears in 1 contract

Samples: Indemnification Agreement (Zones Inc)

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Attorneys’ Fees and Expenses for Enforcement Action. In the event Indemnitee is required to bring successful in whole or in part in an Enforcement Action, the Company shall indemnify and hold harmless Indemnitee against all of Indemnitee's fees and expenses in bringing and pursuing the such Enforcement Action (including attorneys' fees at any stage, including on appeal); provided, however, that the Company shall not be required to provide such indemnity for such attorneys' fees or expenses if a court of competent jurisdiction determines that each of the material assertions made by Indemnitee in such Enforcement Action was not made in good faith or was frivolous.

Appears in 1 contract

Samples: Indemnification Agreement (Immunex Corp /De/)

Attorneys’ Fees and Expenses for Enforcement Action. In the event Indemnitee is required to bring an Enforcement Action, the Company shall indemnify and hold harmless Indemnitee against all of Indemnitee's fees and expenses in bringing and pursuing the Enforcement Action (including attorneys' fees at any stage, including on appeal); provided, however, that the Company shall not be required to provide such indemnity indemnification for such attorneys' fees or expenses if a court of competent jurisdiction determines that each of the material assertions made by Indemnitee in such Enforcement Action was not made in good faith or was frivolous.

Appears in 1 contract

Samples: Indemnity Agreement (Zumiez Inc)

Attorneys’ Fees and Expenses for Enforcement Action. In the event Indemnitee is required to bring an Enforcement Action, the Company shall indemnify and hold harmless Indemnitee against all of Indemnitee's ’s fees and expenses in bringing and pursuing the Enforcement Action (including attorneys' fees at any stage, including on appeal); provided, however, that the Company shall not be required to provide such indemnity indemnification for such attorneys' fees or expenses if a court of competent jurisdiction determines it is finally adjudicated that each of the material assertions made by Indemnitee in such Enforcement Action was not made in good faith or was frivolous.

Appears in 1 contract

Samples: Indemnification Agreement (Labor Ready Inc)

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