Common use of Attorneys’ Fees; Specific Performance Clause in Contracts

Attorneys’ Fees; Specific Performance. In any action brought to enforce any provision of this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees and costs from the other party to the action or proceeding. For purposes of this Agreement, the "prevailing party" shall be deemed to be that party who obtains substantially the result sought, whether by settlement, mediation, judgment or otherwise, and "attorneys' fees" shall include, without limitation, the actual attorneys' fees incurred in retaining counsel for advice, negotiations, suit, or other legal proceeding, including mediation and arbitration. It is the intention of the parties that the Company, upon exercise of any of the Repurchase Options and payment therefor, pursuant to the terms of this Agreement, shall be entitled to receive the Repurchasable Stock, in specie, in order to have such Repurchasable Stock available for future issuance without dilution of the holdings of other stockholders. Furthermore, it is expressly agreed between the parties that money damages are inadequate to compensate the Company for the Repurchasable Stock and that the Company shall, upon proper exercise of any of the Repurchase Options, be entitled to specific enforcement of its rights to purchase and receive said Repurchasable Stock.

Attorneys’ Fees; Specific Performance. In any action brought to enforce any provision of this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' ’ fees and costs from the other party to the action or proceeding. For purposes of this Agreement, the "prevailing party" shall be deemed to be that party who obtains substantially the result sought, whether by settlement, mediation, judgment or otherwise, and "attorneys' ’ fees" shall include, without limitation, the actual attorneys' ’ fees incurred in retaining counsel for advice, negotiations, suit, or other legal proceeding, including mediation and arbitration. It is the intention of the parties that the Company, upon exercise of any of the Repurchase Options and payment therefortherefore, pursuant to the terms of this Agreement, shall be entitled to receive the Repurchasable Stock, in specie, in order to have such Repurchasable Stock available for future issuance without dilution of the holdings of other stockholders. Furthermore, it is expressly agreed between the parties that money damages are inadequate to compensate the Company for the Repurchasable Stock and that the Company shall, upon proper exercise of any of the Repurchase Options, be entitled to specific enforcement of its rights to purchase and receive said Repurchasable Stock.