Common use of Attorneys’ Fees Clause in Contracts

Attorneys’ Fees. If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorney’s fees and all other costs of such action.

Appears in 65 contracts

Samples: Maintenance Services Agreement, Maintenance Services Agreement, Traffic Signal Maintenance Services Agreement

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Attorneys’ Fees. If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorney’s attorneys’ fees and all other costs of such action.

Appears in 48 contracts

Samples: Professional Services, Professional Services, Professional Services

Attorneys’ Fees. If either party Party commences an action against the other partyParty, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party Party in such litigation shall be entitled to have and recover from the losing party Party reasonable attorney’s fees and all other costs of such action.

Appears in 45 contracts

Samples: Maintenance/General Services Agreement, Independent Contractor Services Agreement, Maintenance/General Services Agreement

Attorneys’ Fees. If either In the event any party commences an institutes any action or proceeding against the other party, either legal, administrative or otherwise, arising out of or in connection party with regard to this AgreementAssignment, the prevailing party in of such litigation action shall be entitled to have and recover from the losing nonprevailing party reasonable attorney’s (in addition to all other remedies provided by law) its attorneys’ fees and all other costs of incurred in such actionaction or proceeding.

Appears in 43 contracts

Samples: Option Agreement (KBS Growth & Income REIT, Inc.), Assignment and Assumption of Contract of Sale (KBS Strategic Opportunity REIT II, Inc.), Assignment and Assumption of Purchase Agreement (KBS Strategic Opportunity REIT, Inc.)

Attorneys’ Fees. If either party commences an is required to commence any proceeding or legal action against the other partyto enforce or interpret any term, either legal, administrative covenant or otherwise, arising out condition of or in connection with this Agreement, the prevailing party in such litigation proceeding or action shall be entitled to have and recover from the losing other party its reasonable attorney’s 's fees and all other costs of such actionlegal expenses.

Appears in 38 contracts

Samples: Consultant Services Agreement, Consultant Services Agreement, Grant Agreement

Attorneys’ Fees. If either party Party commences an action against the other partyParty, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorney’s fees and all other costs of such action.

Appears in 38 contracts

Samples: Professional Services, Professional Services, Professional Services

Attorneys’ Fees. If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorney’s 's fees and all other costs of such action.

Appears in 23 contracts

Samples: Maintenance Services Agreement, Commission Agreement, Professional Services

Attorneys’ Fees. If either any party commences brings an action against the other party, either legal, administrative or otherwise, arising out another party to enforce any provision of or in connection with this Agreement, the prevailing party in such litigation action shall be entitled to have and recover from the losing party reasonable its court costs, attorney’s fees and all other costs of expenses in the judgment rendered through such action.

Appears in 22 contracts

Samples: Hotel Management Agreement (Condor Hospitality Trust, Inc.), Hotel Management Agreement (Condor Hospitality Trust, Inc.), Hotel Management Agreement (Condor Hospitality Trust, Inc.)

Attorneys’ Fees. If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable reason- able attorney’s 's fees and all other costs of such action.

Appears in 22 contracts

Samples: Professional Services, Professional Services, Professional Services

Attorneys’ Fees. If either party commences an action against the other party, either legal, administrative or otherwise, party arising out of or in connection with this AgreementAmendment, the prevailing party in such litigation shall be entitled to have and recover from the losing party non-prevailing party, reasonable attorney’s fees and all other costs of such actionsuit.

Appears in 21 contracts

Samples: Lease Agreement (Personalis, Inc.), Building Lease (Palo Alto Networks Inc), Lease (Threshold Pharmaceuticals Inc)

Attorneys’ Fees. If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorney’s attorneys’ fees and all other costs of such action.

Appears in 20 contracts

Samples: Professional Services Agreement, Professional Services, Professional Services

Attorneys’ Fees. If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorney’s attorneys’ fees and all other costs of such action.

Appears in 19 contracts

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

Attorneys’ Fees. If either party commences an action against the other party, either legal, administrative or otherwise, party arising out of or in connection with this AgreementWork Letter, then the substantially prevailing party in such litigation shall be entitled to have and recover from the losing other party reasonable attorney’s fees attorneys’ fees, charges and all other disbursements and costs of such actionsuit.

Appears in 18 contracts

Samples: Sublease Agreement (Natera, Inc.), Lease (aTYR PHARMA INC), Sublease Agreement (Natera, Inc.)

Attorneys’ Fees. If either party commences an any legal action against the other partyor proceeding to enforce, either legal, administrative interpret or otherwise, arising out of or in connection with construe this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing other party reasonable attorney’s attorneys' fees and all other costs of such actioncourt costs, as determined by the court. "Legal action or proceeding" includes a declaratory relief action and any bankruptcy or insolvency proceedings.

Appears in 18 contracts

Samples: Consultant Agreement, Professional Services, Consultant Agreement

Attorneys’ Fees. If either party commences an action against the other party, either legal, administrative or otherwise, party arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorney’s attorneys’ fees and all other costs of such actionsuit.

Appears in 17 contracts

Samples: Reimbursement Agreement, Reimbursement Agreement, Transportation Uniform Mitigation Fee Program Agreement

Attorneys’ Fees. If either party commences an action against the other party, either legal, administrative or otherwise, party arising out of or in connection with this AgreementLease, then the substantially prevailing party in such litigation shall be entitled to have and recover from the losing other party reasonable attorney’s fees attorneys’ fees, charges and all other disbursements and costs of such actionsuit.

Appears in 13 contracts

Samples: Lease (NanoString Technologies Inc), Lease (NanoString Technologies Inc), Lease (Receptos, Inc.)

Attorneys’ Fees. If either any party commences shall bring an action in law or equity against another to enforce or interpret any of the other partyterms, either legal, administrative or otherwise, arising out covenants and provisions of or in connection with this Agreement, the prevailing party in such litigation action shall be entitled to have and recover from the losing other party reasonable attorney’s attorneys’ fees and all other costs of such actioncosts.

Appears in 11 contracts

Samples: Stock Option Agreement (Intralase Corp), Restricted Stock Unit Award Agreement (Newport Corp), Restricted Stock Purchase Agreement (Cardiogenesis Corp /Ca)

Attorneys’ Fees. If either party Party commences an action against the other partyto enforce any obligation contained herein, either legal, administrative or otherwise, arising out of or in connection with this Agreementto interpret any provision hereof, the prevailing party in such litigation shall be entitled to have and recover from the losing party other Party reasonable attorney’s fees counsel fees, costs and all other costs of such necessary disbursements, as determined by the court having jurisdiction over the action.

Appears in 10 contracts

Samples: Real Estate Purchase and Sale Agreement, Lease Agreement, Sublease Agreement

Attorneys’ Fees. If either party Party commences an action against the other partyParty, either legal, administrative administrative, or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorney’s fees and all other costs of such action.

Appears in 10 contracts

Samples: Professional Services Agreement, Professional Services, Professional Services

Attorneys’ Fees. If either party commences an action Party institutes litigation against the other party, either legal, administrative Party to enforce any provision of this Agreement or otherwise, arising out of or in connection with this Agreementto redress any breach thereof, the prevailing party in such litigation Party shall be entitled to have recover its costs and recover from the losing party reasonable attorney’s fees and all other costs of incurred in such actionlitigation.

Appears in 10 contracts

Samples: Pre Annexation Development Agreement, Development Agreement, Development Agreement

Attorneys’ Fees. If either party commences an action against the other party, either legal, administrative or otherwise, party arising out of or in connection with this AgreementLease, then the prevailing party in such litigation shall be entitled to have and recover from the losing non-prevailing party reasonable attorney’s fees attorneys’ fees, charges and all other disbursements and costs of such actionsuit.

Appears in 10 contracts

Samples: Lease (Zosano Pharma Corp), Sublease Agreement (Atara Biotherapeutics, Inc.), Lease (CareDx, Inc.)

Attorneys’ Fees. If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorney’s 's fees and all other costs of such actionactions.

Appears in 10 contracts

Samples: Consulting Services Agreement, Consulting Agreement, Consulting Services Agreement

Attorneys’ Fees. If either party Party commences an action against the other partyParty, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorney’s attorneys’ fees and all other costs of such action.

Appears in 8 contracts

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

Attorneys’ Fees. If either party commences an action against the Party initiates any litigation or other party, either legal, administrative legal proceeding to interpret or otherwise, arising out enforce any provision of or in connection with this Agreement, then the prevailing party Party in such litigation or proceeding shall be entitled to have recover its reasonable attorneys’ fees and recover other legal expenses from the losing party reasonable attorney’s fees and all non-prevailing Party, in addition to any other costs of such actiondamages or remedies to which the prevailing Party is entitled.

Appears in 7 contracts

Samples: Disposition and Development Agreement, Owner Participation Agreement, Owner Participation Agreement

Attorneys’ Fees. If either party commences an any Party hereto initiates any legal or equitable action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation action shall be entitled to have and recover from the losing other party all reasonable attorney’s attorneys’ fees, expert witness fees and all other costs of such actionexpenses incurred by the prevailing party in connection therewith.

Appears in 6 contracts

Samples: Share Purchase Agreement (Pinecrest Investment Group Inc), Share Purchase Agreement (Pinecrest Investment Group Inc), Securities Purchase Agreement (Strata Capital Corp)

Attorneys’ Fees. If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this AgreementContract, the prevailing party in such litigation action shall be entitled to have and recover from the losing party reasonable attorney’s attorneys' fees and all other costs of such action.

Appears in 6 contracts

Samples: Construction Contract, Construction Contract, Construction Contract

Attorneys’ Fees. If either party commences an action at law or in equity, arbitration or other proceeding against the other party, either legal, administrative party to enforce or otherwise, arising out of or in connection with interpret this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorney’s attorneys’ fees and all other costs of such actionproceeding, in addition to any other amounts which may be awarded.

Appears in 6 contracts

Samples: Purchase and Sale Agreement, Purchase and Sale Agreement, Agreement for the Delivery and Use of Recycled Water

Attorneys’ Fees. If either party commences an In the event of the bringing of any action or suit by a Party hereto against another Party hereunder by reason of any breach of any of the covenants, conditions, agreements or provisions on the part of the other party, either legal, administrative or otherwise, Party arising out of or this Assignment, then in connection with this Agreement, that event the prevailing party in such litigation Party shall be entitled to have and recover of and from the losing party other Party all costs and expenses of the action or suit, including reasonable attorney’s fees and all other costs of such actionattorneys’ fees.

Appears in 5 contracts

Samples: Master Option Sale Agreement (GlassBridge Enterprises, Inc.), Master Loan Purchase and Sale Agreement (ILS Fixed Horizon LLC), Master Loan Purchase and Sale Agreement (ILS Fixed Horizon LLC)

Attorneys’ Fees. If either In the event that a party commences an action against the other party, either legal, administrative brings suit or otherwise, arising out of otherwise attempts to collect damages or enforce this Agreement in connection with a breach of any of the terms and conditions of this Agreement, the prevailing party in such litigation shall be entitled to have and recover reimbursement from the losing party (severally in proportion to their fault in the case of a suit against more than person) of the prevailing party's reasonable attorney’s 's fees and all other costs of such actioncosts.

Appears in 5 contracts

Samples: Stock Purchase and Sale Agreement (Mvii LLC), Stock Purchase and Sale Agreement (Dsi Toys Inc), Shareholders' Agreement (Dsi Toys Inc)

Attorneys’ Fees. If either party commences an action against the other partyto interpret or enforce any of the terms of this Agreement or because of the breach by the other party of any of the terms hereof, either legalthe losing party shall pay to the prevailing party reasonable attorneys’ fees, administrative or otherwise, arising out of or costs and expenses incurred in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorney’s fees and all other costs prosecution or defense of such action, whether or not the action is prosecuted to a final judgment.

Appears in 5 contracts

Samples: Purchase and Sale Agreement, Purchase and Sale Agreement (Global Healthcare Reit, Inc.), Master Lease Agreement (Kindred Healthcare, Inc)

Attorneys’ Fees. If either party commences an any action or proceeding against the other party, either legal, administrative or otherwise, arising out of or in connection with party to enforce this Agreement, the prevailing party in such litigation action or proceeding shall be entitled to have and recover from the losing other party reasonable attorney’s fees the actual attorneys' fees, costs and all other costs of expenses incurred by such actionprevailing party in connection with such action or proceeding and in connection with enforcing any judgment or order thereby obtained.

Appears in 5 contracts

Samples: Severance Agreement (That Marketing Solution, Inc.), Executive Employment Agreement (APT Systems Inc), Executive Employment Agreement (North Springs Resources Corp.)

Attorneys’ Fees. If either party Party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorney’s attorneys’ fees and all other costs of such action.

Appears in 5 contracts

Samples: Construction Contract, Tree Care Maintenance Services Agreement, Maintenance Services Agreement

Attorneys’ Fees. If either party commences an action against the other party, either legal, administrative or otherwise, party arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorney’s attorneys’ fees and all other costs of such actionsuit.

Appears in 5 contracts

Samples: Lease Termination Agreement (Enumeral Biomedical Holdings, Inc.), Asset Purchase Agreement (Morton Industrial Group Inc), Lease Termination Agreement (Emisphere Technologies Inc)

Attorneys’ Fees. If either party commences an action against the other party, either legal, administrative administrative, or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable reason- able attorney’s 's fees and all other costs of such action.

Appears in 4 contracts

Samples: Services Agreement, Services Agreement, Services Agreement

Attorneys’ Fees. If either party commences an action any Proceeding is brought by one Party against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreementanother Party, the party succeeding or prevailing party in such litigation whole shall be entitled to have and recover from the losing party its reasonable attorney’s attorneys fees and other costs incurred in that action or Proceeding, in addition to any other relief to which it may be entitled. In all other costs of such actionProceedings each Party shall pay its own fees and expenses.

Appears in 4 contracts

Samples: Purchase Agreement, Purchase Agreement (Dana Holding Corp), Purchase Agreement (Dana Holding Corp)

Attorneys’ Fees. If In the event that either party commences an action hereto shall commence litigation against the other party, either legal, administrative or otherwise, arising out of or in connection with this AgreementAgreement and/or the enforcement thereof, the losing party in such action shall reimburse the attorneys’ fees and disbursements of the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorney’s fees and all other costs of such action.

Appears in 4 contracts

Samples: Purchase and Sale Agreement, Purchase and Sale Agreement (Sotherly Hotels Lp), General Partnership Interest Sale and Purchase Agreement (Sotherly Hotels Lp)

Attorneys’ Fees. If either party Party commences an action against the other partyParty, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party Party in such litigation shall be entitled to have and recover from the losing party Party reasonable attorney’s attorneys’ fees and all other costs of such action.

Appears in 4 contracts

Samples: Professional Services, Professional Services Agreement, Professional Services

Attorneys’ Fees. If either party commences an action against the other party, either legal, administrative or otherwise, party arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have recover reasonable attorneys’ fees and recover costs of suit from the losing party reasonable attorney’s fees and all other costs of such actionparty.

Appears in 4 contracts

Samples: Master Outside Legal Counsel Services Agreement, Consultant Agreement, Consultant Agreement

Attorneys’ Fees. If either party commences an action against the other party, either legal, administrative or otherwise, party arising out of or in connection with this AgreementAmendment, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorney’s attorneys’ fees and all other costs of such actionsuit.

Appears in 4 contracts

Samples: Office Lease (Commerce One Inc / De/), Office Lease (Commerce One Inc / De/), Office Lease (Commerce One Inc / De/)

Attorneys’ Fees. If either party commences or engages in an action or other proceeding by or against the other party, either legal, administrative or otherwise, party arising out of or in connection with related to this Agreement, the prevailing party in such litigation shall will be entitled to have and recover from the losing party reasonable attorney’s attorneys' fees and all other costs of incurred in connection with the action, preparation for such actionaction or proceeding, any related appeals, and enforcing any associated judgments.

Appears in 4 contracts

Samples: Season Suite License Agreement, Single/Multi Event Penthouse Lounge Seat License Agreement, Single/Multi Event Penthouse Lounge Seat License Agreement

Attorneys’ Fees. If either party commences an action In the event any Party hereto shall commence legal proceedings against the other partyto interpret, either legal, administrative enforce or otherwise, otherwise arising out of or in connection with from this Agreement, the prevailing party Party in any such litigation proceeding shall be entitled to have and recover from the losing party non-prevailing Party its costs of suit, including reasonable attorney’s attorneys’ fees and all other costs of such actioncosts, at both the trial and appellate levels.

Appears in 4 contracts

Samples: Securities Purchase Agreement (Powerdyne International, Inc.), Stock Purchase Agreement (Hillel of Colorado), Common Stock Purchase Agreement (Original Source Music, Inc.)

Attorneys’ Fees. If either party commences an action against the other partyto enforce any of the terms of this Agreement or because of the breach by the other party of any of the terms hereof, either legalthe losing or defaulting party shall pay to the prevailing party reasonably attorneys’ fees, administrative or otherwisecosts, arising out of or and expenses incurred in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from prosecution or defense of the losing party reasonable attorney’s fees and all other costs of such action.

Appears in 4 contracts

Samples: Real Estate Purchase Agreement, Real Estate Purchase Agreement, Real Estate Purchase Agreement

Attorneys’ Fees. If either party Party commences an action against the other partyParty, either legal, administrative or otherwise, arising out of or in connection with this AgreementContract, the prevailing party Party in such litigation action shall be entitled to have and recover from the losing party Party reasonable attorney’s attorneys’ fees and all other costs of such action.

Appears in 4 contracts

Samples: Maintenance Agreement, Fleet Maintenance Services Agreement, Short Form Construction Contract

Attorneys’ Fees. If either In the event of any action of suit by a party commences an action against the other partyParty for reason of any breach of any of the covenants, either legalconditions, administrative agreements or otherwise, provisions on the part of the other Party arising out of or in connection with this Agreement, the prevailing party Party in such litigation action or suit shall be entitled to have and recover from the losing other party all costs and expenses incurred therein, including reasonable attorney’s fees and all other costs of such actionfees.

Appears in 4 contracts

Samples: Net Metering and Interconnection Agreement, Commercial Generation Agreement, Net Metering and Interconnection Agreement

Attorneys’ Fees. If either party commences an action against the other party, either legal, administrative or otherwise, party arising out of or in connection with this Agreement, the party prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorney’s 's fees and all other costs of such actionsuit.

Appears in 3 contracts

Samples: Lease Agreement, Facility Use Agreement, Facility Use Agreement

Attorneys’ Fees. 26.1 If either party commences an action or proceeding against the other party, either legal, administrative or otherwise, party arising out of or in connection with this AgreementLease, including any arbitration proceeding, the prevailing party in such litigation shall be entitled to have and recover from the losing other party reasonable attorney’s attorneys’ fees, expert witness fees and all other costs of such actionsuit.

Appears in 3 contracts

Samples: Lease (Genelux Corp), Lease (Genelux Corp), Lease Agreement (Salmedix Inc)

Attorneys’ Fees. If In the event either party commences an Party initiates legal proceedings to: (i) interpret or to enforce performance of any term or condition of the Agreement; (ii) enjoin any action against the prohibited hereunder; or (iii) gain any other party, either legal, administrative or otherwise, arising out form of or in connection with this Agreementrelief whatsoever, the prevailing party in such litigation Party shall be entitled to have recover reasonable attorneys’ fees and recover court costs from the losing party reasonable attorney’s fees and all other costs of such actionParty.

Appears in 3 contracts

Samples: Marketing Agreement, Marketing Agreement, Marketing Agreement

Attorneys’ Fees. If either any party commences an action against any of the other party, either legal, administrative or otherwise, parties arising out of or in connection with this AgreementConsent, the prevailing party in such litigation or parties shall be entitled to have and recover from the losing party or parties reasonable attorney’s attorneys' fees and all other costs of such actionsuit.

Appears in 3 contracts

Samples: Consent to Sublease (Virage Logic Corp), Sublease Agreement (SCM Microsystems Inc), Sublease Agreement (Atroad Inc)

Attorneys’ Fees. If In the event either party commences an action shall become a party to any litigation against the other partyto enforce or protect any rights or interest under this Contract and shall prevail, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the losing party shall reimburse the prevailing party in such litigation shall be entitled to have for all investigative and recover from the losing party reasonable court costs and attorney’s fees and all other costs of incurred in such actionlitigation.

Appears in 3 contracts

Samples: Water Supply Contract, Water Supply Contract, Water Supply Contract

Attorneys’ Fees. If either party commences an action a judicial proceeding against the other party, either legal, administrative or otherwise, party arising out of or in connection with this AgreementLease, the prevailing party in such litigation shall be entitled to have and recover from the losing party full reasonable attorney’s 's fees and all other costs of such actionsuit.

Appears in 3 contracts

Samples: Millsite Lease Agreement, Millsite Lease Agreement, Millsite Lease

Attorneys’ Fees. If either party commences an action against the other party, either legal, administrative or otherwise, party arising out of or in connection with this AgreementLease, or institutes any proceeding in a bankruptcy or similar court which has jurisdiction over the other party or any or all of its property or assets, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorney’s attorneys’ fees and all court costs, including fees incurred on appeal and any other costs of such actionpost-judgment proceeding.

Appears in 3 contracts

Samples: Lease Agreement (Dolby Laboratories, Inc.), Lease Agreement (Dolby Laboratories, Inc.), Lease Agreement (Dolby Laboratories, Inc.)

Attorneys’ Fees. If either party commences an The prevailing Party in any action to enforce this Agreement against the any other party, either legal, administrative Party or otherwise, arising out to recover damages or obtain other remedies for a breach of or in connection with this Agreement, the prevailing party in such litigation Agreement by any other Party shall be entitled to have and recover receive from the losing party Party any and all costs (including reasonable attorney’s attorneys’ fees and all other costs of related expenses) incurred in connection with such action.

Appears in 3 contracts

Samples: Assignment and Purchase Agreement (South Carolina Electric & Gas Co), Settlement Agreement (South Carolina Electric & Gas Co), Settlement Agreement (Georgia Power Co)

Attorneys’ Fees. If either party commences an hereto initiates legal action against to resolve a dispute under the other partyterms of this Lease, either legal, administrative or otherwise, arising out of or in connection with this Agreement, then the substantially prevailing party in such litigation shall be entitled to have and recover reimbursement from the losing other party of the prevailing party’s reasonable attorney’s attorneys’ fees and all other costs of such actioncourt costs.

Appears in 3 contracts

Samples: Lease Agreement (First Mariner Bancorp), Lease Agreement (First Mariner Bancorp), Lease Agreement (First Mariner Bancorp)

Attorneys’ Fees. If either party Party commences an action against the other partyParty, either legal, administrative administrative, or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorney’s attorneys’ fees and all other costs of such action.

Appears in 3 contracts

Samples: Agreement for Services, Agreement for Services, Agreement for Services

Attorneys’ Fees. If either In the event of the bringing of any action or suit by a party commences an action hereto against another party hereunder by reason of any breach of any of the covenants, agreements or provisions on the part of the other party, either legal, administrative or otherwise, party arising out of or in connection with this Agreement, then in that event the prevailing party in such litigation shall be entitled to have and recover from the losing other party reasonable attorney’s all costs and expenses of the action or suit, including attorneys' fees and all other costs of such actioncosts.

Appears in 3 contracts

Samples: Management Agreement (Premium Cigars International LTD), Supplier Agreement (Premium Cigars International LTD), Supplier Agreement (Premium Cigars International LTD)

Attorneys’ Fees. If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party a percentage of reasonable attorney’s 's fees and all other reasonable costs of such action, including expert witness fees and expenses, equal to the percentage of the total judgment lost.

Appears in 3 contracts

Samples: Architectural Services Agreement, Architectural Services Agreement, Architectural Services Agreement

Attorneys’ Fees. If either party commences an In any action against the other party, either legal, administrative or otherwise, arising out alleging breach of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover receive from the losing other party reasonable the actual costs, expenses, and attorney’s 's fees and all other costs of such that the prevailing party incurred in either prosecuting or defending the action.

Appears in 2 contracts

Samples: Employment Agreement (Citizens Community Bancorp Inc.), Employment Agreement (Citizens Community Bancorp Inc.)

Attorneys’ Fees. If In the event either party commences an action initiates a legal proceeding against the other party, either legal, administrative party to interpret or otherwise, arising out of or in connection with enforce this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing non-prevailing party its reasonable attorney’s attorneys fees and all other litigation costs of and expenses incurred in prosecuting or defending the claims made in such actionproceeding, whether at trial or on appeal.

Appears in 2 contracts

Samples: Third Party Access, Confidentiality and Nondisclosure Agreement, Confidentiality Agreement

Attorneys’ Fees. If either party commences an action against the other party, either legal, administrative or otherwise, party arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have recover reasonable attorneys' fees and recover costs of suit from the losing party reasonable attorney’s fees and all other costs of such actionparty.

Appears in 2 contracts

Samples: Contract Services Agreement, Professional Services

Attorneys’ Fees. If either party commences an action against the other party, either legal, administrative or otherwise, party arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorney’s attorneys’ fees and all other costs of such actionsuit, provided that the prevailing party complies with all notice requirements under applicable state law.

Appears in 2 contracts

Samples: Lease Termination Agreement (Lineage Cell Therapeutics, Inc.), Lease Termination Agreement (Nara Bancorp Inc)

Attorneys’ Fees. If either party commences an action In the event any Party hereto institutes a Proceeding against the any other party, either legal, administrative or otherwise, Party hereto for a claim arising out of or in connection with to enforce this Agreement, the Parties agree that the prevailing party in such litigation shall be entitled to have and recover from the losing party recovery of its reasonable attorney’s fees and all other costs of litigation expenses in connection with such actionProceeding.

Appears in 2 contracts

Samples: Asset Purchase Agreement (Renegy Holdings, Inc.), Asset Purchase Agreement (Catalytica Energy Systems Inc)

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Attorneys’ Fees. If either party Party commences an action against the other party, either legal, administrative or otherwise, Party arising out of of, or in connection with this Agreement, the prevailing party in such litigation Party shall be entitled to have and recover from the losing party Party reasonable attorney’s attorneys’ fees and all other costs of such actionat the pre-trial, trial and appellate levels.

Appears in 2 contracts

Samples: Secured Promissory Note and Security Agreement Cancellation Agreement (Bitech Technologies Corp), Management Services Termination Agreement (Bitech Technologies Corp)

Attorneys’ Fees. If any action, suit, or other legal or administrative proceeding is instituted or commenced by either party commences an action hereto against the other party, either legal, administrative or otherwise, party arising out of or in connection with this related to the Agreement, the prevailing party in such litigation shall be entitled to have recover its reasonable attorneys' fees and recover court costs from the losing party reasonable attorney’s fees and all other costs of such actionnon-prevailing party.

Appears in 2 contracts

Samples: Project Services Agreement, Project Services Agreement

Attorneys’ Fees. If either party Party commences an action against the other party, either legal, administrative or otherwise, Party arising out of or in connection with this Agreement, the prevailing party in such litigation Party shall be entitled to have and recover from the losing party Party reasonable attorney’s attorneys’ fees and all other costs of such actioncosts.

Appears in 2 contracts

Samples: Reimbursement Agreement, Reimbursement Agreement

Attorneys’ Fees. If either party commences an action against the other partyParty, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party Party in such litigation shall be entitled to have and recover from the losing party Party reasonable attorney’s attorneys’ fees and all other costs of such action.

Appears in 2 contracts

Samples: Consultant Services Agreement, Consulting Agreement

Attorneys’ Fees. If either party Party commences an action against the other partyParty, either whether legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party Party in such litigation shall be entitled to have and recover from the losing party Party reasonable attorney’s attorneys’ fees and all other costs of such action.

Appears in 2 contracts

Samples: Request for Proposals (Rfp) Addendum, Professional Services

Attorneys’ Fees. If either party commences an a legal action against the other party, either legal, administrative or otherwise, party arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorney’s fees and all other costs of such actionsuits.

Appears in 2 contracts

Samples: Services Agreements, Audit and Financial Reporting Services Agreement

Attorneys’ Fees. If either party commences an any Party files any action or brings any proceedings against the other party, either legal, administrative or otherwise, other(s) arising out of this Agreement, or is made a party to any action or proceeding brought by a third party in connection with this Agreement, then, as between the Parties, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorney’s fees and all other recover, in addition to its costs of such actionsuit and damages, reasonable attorneys' fees to be fixed by the court. The “prevailing party” shall be the Party who is entitled to recover its costs of suit, whether or not suit proceeds to final judgment.

Appears in 2 contracts

Samples: Exchange Agreement, Exchange Agreement

Attorneys’ Fees. If either party commences an action against the other party, either legal, administrative or otherwise, party arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorney’s 's fees and all other costs cost of such actionsuit.

Appears in 2 contracts

Samples: Cancellation of Leasehold Interest (Sagemark Companies LTD), Lease Termination Agreement (Voyager Learning CO)

Attorneys’ Fees. If either party commences an action against In the other partyevent any action, either legal, administrative suit or otherwise, arising out of or in connection proceeding is commenced with respect to any matter relating to this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing other party reasonable attorney’s fees and all other its costs of such actionsuit, including reasonable attorneys' fees.

Appears in 2 contracts

Samples: Credit Agreement (Access Integrated Technologies Inc), Digital Cinema Service Agreement (Carmike Cinemas Inc)

Attorneys’ Fees. If either party commences an action against the other party, either legal, administrative administrative, or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorney’s fees and all other costs of such action.

Appears in 2 contracts

Samples: Professional Services Agreement, Professional Services

Attorneys’ Fees. If either party commences an any action against the other party, either legal, administrative or otherwise, party arising out of or in connection with this AgreementLease, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorney’s 's fees and all other costs of such actionsuit, including fees and costs incurred in the event of an appeal.

Appears in 2 contracts

Samples: Lease Agreement (Prime Companies Inc), Lease Agreement (Prime Companies Inc)

Attorneys’ Fees. If either In the event any action or suit is brought by a party commences an action hereto against the other party, either legal, administrative or otherwise, arising out another party hereunder by reason of or in connection with any breach of this Agreement, the prevailing party in such litigation shall be entitled to have and recover from other party all costs and expenses of the losing party action or suit, including reasonable attorney’s attorneys’ fees and all other costs of such actionrelated costs.

Appears in 2 contracts

Samples: Grant Agreement, Grant Agreement

Attorneys’ Fees. If either party commences an action against the other party, either legal, administrative or otherwise, party arising out of or in connection with this AgreementLease, the prevailing party in such litigation shall be entitled to have and recover from the losing other party their reasonable attorney’s attorneys' fees and all other costs of such actioncosts.

Appears in 2 contracts

Samples: Rescission, Restructuring and Assignment Agreement (Integrated Healthcare Holdings), Triple Net Lease (Integrated Healthcare Holdings)

Attorneys’ Fees. If either any party hereto commences an action against the other party, either legal, administrative or otherwise, party(ies) arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party party(ies) reasonable attorney’s attorneys’ fees and all other costs of such actionsuit.

Appears in 2 contracts

Samples: Assignment and Assumption and Modification of Lease Documents (Omeros Corp), Assignment and Assumption and Modification of Lease Documents (Omeros Corp)

Attorneys’ Fees. If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorney’s attorneys' fees and all other costs of such action.

Appears in 2 contracts

Samples: Professional Services, Consulting Services Agreement

Attorneys’ Fees. If either party Party commences an action against the other party, either legal, administrative or otherwise, Party arising out of or in connection with related to this Agreement, the prevailing party Party in such litigation shall be entitled to have and recover from the losing party reasonable attorney’s attorneys' fees and all costs in addition to such other costs of such actionrelief as may be awarded.

Appears in 2 contracts

Samples: Capacity Lease Agreement (Gt Group Telecom Inc), Iru Agreement (Gt Group Telecom Inc)

Attorneys’ Fees. If either party commences an action against the other party, either legal, administrative or otherwise, party arising out of or in connection with this AgreementTenant Work Letter, then the substantially prevailing party in such litigation shall be entitled to have and recover from the losing other party reasonable attorney’s fees attorneys’ fees, charges and all other disbursements and costs of such actionsuit.

Appears in 2 contracts

Samples: Lease (Halozyme Therapeutics Inc), Lease (Halozyme Therapeutics Inc)

Attorneys’ Fees. If either party commences an action against the other party, either legal, administrative or otherwise, party arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorney’s attorneys’ fees and all other costs of such actionsuit, including the costs and fees of experts.

Appears in 2 contracts

Samples: Construction Management Services Agreement, Construction Management Services Agreement

Attorneys’ Fees. If either party commences an action any Proceeding is brought by one Party against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreementanother Party, the Party succeeding or prevailing party in such litigation whole shall be entitled to have and recover from the losing party its reasonable attorney’s attorneys’ fees and other costs incurred in that action or Proceeding, in addition to any other relief to which it may be entitled. In all other costs of such actionProceedings, each Party shall pay its own fees and expenses.

Appears in 2 contracts

Samples: Asset Purchase Agreement (Cbeyond, Inc.), Asset Purchase Agreement (Nash Finch Co)

Attorneys’ Fees. If either party any commences an action against any of the other party, either legal, administrative or otherwise, parties arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorney’s 's fees and all other costs of such actionsuit.

Appears in 2 contracts

Samples: Lease Agreement (Ticketmaster Online Citysearch Inc), Lease Agreement (Citysearch Inc)

Attorneys’ Fees. If either party commences an action against the other party, either legal, administrative or otherwise, party arising out of or in connection with this AgreementAgreement or its subject matter, the prevailing party in such litigation shall be entitled to have recover reasonable attorneys’ fees and recover costs of suit from the losing party reasonable attorney’s fees and all other costs of such actionparty.

Appears in 2 contracts

Samples: Professional Services, Professional Services

Attorneys’ Fees. If either party Party commences an action against the other partyParty, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party Party in such litigation shall will be entitled to have and recover from the losing party Party reasonable attorney’s attorneys’ fees and all other costs of such action.

Appears in 2 contracts

Samples: Professional Services, Professional Services

Attorneys’ Fees. If either party commences an action against the other party, either legal, administrative or otherwise, party arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorney’s attorneys' fees and all other costs of such actionsuit.

Appears in 2 contracts

Samples: Lease Termination Agreement and Ninth Amendment to Office Lease (Paula Financial), Lease Termination Agreement (Lion Inc/Wa)

Attorneys’ Fees. (Check if applicable, strike out if not) ☐ If either party commences an brings legal action against the other party, either legal, administrative or otherwise, arising out of or in connection with to enforce its rights under this AgreementModification, the prevailing party in such litigation shall will be entitled to have and recover from the losing other party its expenses (including reasonable attorney’s fees attorneys’ fees) incurred in connection with the action and all other costs of such actionany appeal.

Appears in 2 contracts

Samples: Child Support Modification, Child Support Modification

Attorneys’ Fees. If either party Party commences an action Action against the other party, either legal, administrative or otherwise, Party arising out of or in connection with this AgreementAgreement or the transactions contemplated hereby, the prevailing party in such litigation Party shall be entitled to have and recover from the losing party Party reasonable attorney’s attorneys’ fees and all other costs of such actionsuit.

Appears in 2 contracts

Samples: Securities Purchase Agreement (Cohen Daniel G), Securities Purchase Agreement (Cohen & Co Inc.)

Attorneys’ Fees. If In the event that any action, suit, or other legal or administrative proceeding is instituted or commenced by either party commences an action Party hereto against the other party, either legal, administrative or otherwise, Party arising out of or in connection with related to this Agreement, the prevailing party in such litigation shall Party will be entitled to have recover its reasonable attorneys' fees, expert witness fees and recover out-of-pocket and court costs from the losing party reasonable attorney’s fees and all other costs of such actionnon-prevailing Party.

Appears in 2 contracts

Samples: Master Services Agreement, Master Services Agreement

Attorneys’ Fees. If Should either party commences an action against Party pursue any dispute covered by this Agreement by any method, the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation Party shall be entitled to have and recover from the losing party reasonable attorney’s non-complying Party all damages, costs, expenses and attorneys’ fees and all other costs incurred as a result of such action.

Appears in 2 contracts

Samples: Executive Employment Agreement (Aria International Holdings, Inc.), Executive Employment Agreement (Aria International Holdings, Inc.)

Attorneys’ Fees. If either party commences an action against the other party, either legal, administrative or otherwise, party arising out of or in connection with this AgreementLease, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorney’s fees all expenses of litigation, including, without limitation, travel expenses, attorneys’ fees, expert witness fees, trial and all other costs of such actionappellate court costs, and deposition and transcript expenses.

Appears in 2 contracts

Samples: Purchase and Sale Agreement (Integrated Device Technology Inc), Purchase and Sale Agreement (Integrated Device Technology Inc)

Attorneys’ Fees. If In the event either party commences an action shall become a party to any litigation against the other partyparty to enforce or protect any rights or interests under this Lease and shall prevail, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the losing party shall reimburse the prevailing party for all investigative and court costs and attorneys' fees incurred in such litigation shall be entitled to have and recover from the losing party reasonable attorney’s fees and all other costs of such actionlitigation.

Appears in 2 contracts

Samples: Standard Office Lease (Argyle Security Acquisition CORP), Standard Office Lease (Payment Data Systems Inc)

Attorneys’ Fees. If either party commences an action against the other party, either legal, administrative or otherwise, party arising out of or in connection with this AgreementLandlord Work Letter, then the substantially prevailing party in such litigation shall be entitled to have and recover from the losing other party reasonable attorney’s fees attorneys’ fees, charges and all other disbursements and costs of such actionsuit.

Appears in 2 contracts

Samples: Lease (Halozyme Therapeutics Inc), Lease (Halozyme Therapeutics Inc)

Attorneys’ Fees. If either party commences an action against the other party, either legal, administrative or otherwise, party arising out of or in connection with this AgreementLease, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorney’s attorneys fees and all other costs cost of such actionsuit.

Appears in 1 contract

Samples: Lease (Valley Commerce Bancorp)

Attorneys’ Fees. If either party commences an action against the other party, either legal, administrative or otherwise, party arising out of or in connection with this AgreementLease, the prevailing party in such litigation shall be entitled to have and recover from the losing party party, reasonable attorney’s fees and all other attorneys’ fees, costs of such actionsuit, investigation costs and discovery costs, including costs of appeal and of enforcing any judgment.

Appears in 1 contract

Samples: Lease Agreement (Cinemark Holdings, Inc.)

Attorneys’ Fees. If either party commences an action against the other party, either legal, administrative or otherwise, party arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have recover reasonable attorneys' fees and recover costs of suit from the losing party reasonable attorney’s fees and all other costs of such actionparty, whether or not the matter proceeds to judgment.

Appears in 1 contract

Samples: Operating and Reimbursement Agreement

Attorneys’ Fees. If either party commences an action hereto institutes legal proceedings against the other party, either legal, administrative or otherwise, arising out party hereto alleging a breach of or in connection with this Agreement, the prevailing losing party in such litigation shall be entitled to have responsible for and recover from shall pay the losing party reasonable attorney’s 's fees and all other costs of such actionthe prevailing party.

Appears in 1 contract

Samples: Master Purchase Agreement (Zhone Technologies Inc)

Attorneys’ Fees. If either In the event that any action or proceeding is commenced by one party commences an action to this Modification Agreement against the other party, for the purpose of determining or enforcing the rights of either legal, administrative or otherwise, arising out of or in connection with this Agreementparty hereunder, the prevailing party in such litigation shall be entitled to have and recover from against the losing other party the reasonable attorney’s attorneys' fees and all other costs of the prevailing party incurred in connection with such actionaction or proceeding.

Appears in 1 contract

Samples: Modification Agreement (THQ Inc)

Attorneys’ Fees. If either party commences an action against the other party, either legal, administrative or otherwise, party arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party its expert witness fees (if any), its reasonable attorney’s fees costs and all other costs of such actionexpenses including, without limitation, litigation costs, and its reasonable attorneys’ fees.

Appears in 1 contract

Samples: Development Agreement

Attorneys’ Fees. If either party Party commences an action against the other partyParty, either legal, administrative or otherwise, arising out of or in connection with this AgreementLicense, the prevailing party Party in such litigation shall be entitled to have and recover from the losing party Party its reasonable attorney’s attorneys’ fees and all other costs of incurred in connection with such action.

Appears in 1 contract

Samples: License Agreement

Attorneys’ Fees. If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorney’s 's fees and all other reasonable costs of such action, including expert witness fees and expenses.

Appears in 1 contract

Samples: Architectural Services Agreement

Attorneys’ Fees. If either party commences an action against the other party, either legal, administrative or otherwise, party arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing other party reasonable attorney’s attorneys' fees and all other costs of such actionsuit.

Appears in 1 contract

Samples: Annual Report

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