Common use of Attorneys’ Fees – Prevailing Party Clause in Contracts

Attorneys’ Fees – Prevailing Party. Should any proceeding be commenced between the parties to this Agreement seeking to enforce any of its provisions the prevailing party in such proceeding shall be entitled, in addition to such other relief as may be granted, to a reasonable sum for attorneys' fees and all legal expenses and fees incurred on appeal and all interest thereon. For the purposes of this provision, "prevailing party" shall include a party which dismisses an action for recovery hereunder in exchange for payment of the sum allegedly due, performance of covenants allegedly breached, or consideration substantially equal to the relief sought in the action or proceeding.

Appears in 2 contracts

Samples: Agreement and Plan of Reorganization and Merger (Steven Myers & Associates Inc), Agreement and Plan of Reorganization and Merger (Sm&a Corp)

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Attorneys’ Fees – Prevailing Party. Should any proceeding be commenced between the parties to this Agreement seeking to enforce any of its provisions provisions, the prevailing party in such proceeding shall be entitled, in addition to such other relief as may be granted, to a reasonable sum for court costs and attorneys' fees and all legal expenses and fees incurred in such proceeding on appeal and all interest thereon. For the purposes of this provision, "prevailing party" shall include a party which dismisses an action for recovery hereunder in exchange for payment of the sum allegedly due, performance of covenants allegedly breached, or consideration substantially equal to the relief sought in the action or proceeding.

Appears in 1 contract

Samples: Asset Purchase Agreement (Ciber Inc)

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Attorneys’ Fees – Prevailing Party. Should any proceeding be commenced between the parties to this Agreement seeking to enforce any of its provisions provisions, the prevailing party in such proceeding shall be entitled, in addition to such other relief as may be granted, to a reasonable sum for attorneys' fees and all legal expenses and fees disbursements of counsel incurred on appeal and all interest thereonin connection with such proceeding as a consequence of a claim or defense asserted by the other party in bad faith. For the purposes of this provision, "prevailing party" shall include a party which dismisses an action for recovery hereunder in exchange for payment of the sum allegedly due, performance of covenants allegedly breached, or consideration substantially equal to the relief sought in the action or proceeding.

Appears in 1 contract

Samples: Asset Purchase Agreement (Ventiv Health Inc)

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