Attorneys’ Fees. If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys’ fees, costs and necessary disbursements in addition to any other relief to which such party may be entitled.
Appears in 83 contracts
Samples: Mineral Property Acquisition Agreement, Mineral Property Acquisition Agreement, Subscription and Share Purchase Agreement (VectivBio Holding AG)
Attorneys’ Fees. If any action at law or in equity (including, arbitration) is necessary to enforce or interpret the terms of this Agreementany of the Transaction Agreements, the prevailing party shall be entitled to reasonable attorneys’ fees, costs and necessary disbursements in addition to any other relief to which such party may be entitled.
Appears in 64 contracts
Samples: Registration Rights Agreement (Ondas Holdings Inc.), Limited Liability Company Agreement (Learn SPAC HoldCo, Inc.), Series 2 Unit Purchase Agreement (Learn SPAC HoldCo, Inc.)
Attorneys’ Fees. If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys’ ' fees, costs and necessary disbursements disbursements, in addition to any other relief to which such party may be entitled.
Appears in 63 contracts
Samples: Voting Agreement (Par Pharmaceutical Companies, Inc.), Voting Agreement Voting Agreement (Gundle SLT Environmental Inc), Liquidity and Voting Agreement (Peoples Telephone Company Inc)
Attorneys’ Fees. If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the substantially prevailing party shall will be entitled to reasonable attorneys’ fees, costs and necessary disbursements expenses in addition to any other relief to which such prevailing party may be entitled.
Appears in 54 contracts
Samples: License and Services Agreement, Consulting Agreement (Volcon, Inc.), Consulting Agreement (Aeglea BioTherapeutics, Inc.)
Attorneys’ Fees. If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys’ fees, costs and necessary disbursements in addition to any other relief to which such party may be entitled.
Appears in 34 contracts
Samples: Investors’ Rights Agreement (Honest Company, Inc.), Note Purchase Agreement (Pulmonx Corp), Stockholders’ Agreement (Exagen Inc.)
Attorneys’ Fees. If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys’ attorney’s fees, costs and necessary disbursements in addition to any other relief to which such party may be entitled.
Appears in 34 contracts
Samples: Voting Agreement, Registration Rights Agreement (OptiNose, Inc.), Registration Rights Agreement (OptiNose, Inc.)
Attorneys’ Fees. If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys’ ' fees, costs and necessary disbursements in addition to any other relief to which such party may be entitled.
Appears in 31 contracts
Samples: Unilateral Nondisclosure Agreement, Registration Rights Agreement (PLX Technology Inc), Securities Merger Agreement (Viper Networks Inc)
Attorneys’ Fees. If any action at law or in equity is necessary brought to enforce or interpret the terms of this AgreementAgreement (including through arbitration), the prevailing party shall be entitled to reasonable attorneys’ fees, costs costs, and necessary disbursements in addition to any other relief to which such party may be entitled.
Appears in 30 contracts
Samples: Sparta Commercial Services (Sparta Commercial Services, Inc.), Sparta Commercial Services (Sparta Commercial Services, Inc.), Sparta Commercial Services (Sparta Commercial Services, Inc.)
Attorneys’ Fees. If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the substantially prevailing party shall will be entitled to reasonable attorneys’ ' fees, costs and necessary disbursements expenses in addition to any other relief to which such prevailing party may be entitled.
Appears in 26 contracts
Samples: Consulting Agreement, Consulting Agreement, Consulting Agreement (Ehave, Inc.)
Attorneys’ Fees. If In the event of any action at law law, equity or in equity is necessary under this Agreement to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys’ fees, fees and court costs and necessary disbursements in addition to any other relief to which such party may be entitled, unless the action is one in which only a prevailing plaintiff is entitled to prevailing party fees and costs (such as a Title VII action).
Appears in 24 contracts
Samples: Employment Agreement (Sera Prognostics, Inc.), Employment Agreement (Sera Prognostics, Inc.), Employment Agreement (Sera Prognostics, Inc.)
Attorneys’ Fees. If In the event any legal action at law or in equity is necessary commenced to enforce or interpret the terms of this Agreement, the prevailing party shall be is entitled to reasonable attorneys’ attorney’s fees, costs costs, and necessary disbursements in addition to any other relief to which such party may be entitledexpenses incurred.
Appears in 24 contracts
Samples: Wholesale Water Supply Agreement, Surplus Agricultural Water Service Agreement, City of American Canyon Agreement
Attorneys’ Fees. If In the event of any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys’ fees, attorney’s fees and court costs and necessary disbursements in addition to any other relief to which such party may be entitled.
Appears in 24 contracts
Samples: Employment Agreement (Jammin Java Corp.), Employment Agreement (Jammin Java Corp.), Employment Agreement (Jammin Java Corp.)
Attorneys’ Fees. If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall will be entitled to reasonable attorneys’ fees, costs and necessary disbursements in addition to any other relief to which such party may be entitled.
Appears in 23 contracts
Samples: Convertible Note Purchase Agreement (ASP Isotopes Inc.), Convertible Note Purchase Agreement (MOVING iMAGE TECHNOLOGIES INC.), Secured Convertible Note Purchase Agreement (bioAffinity Technologies, Inc.)
Attorneys’ Fees. If In the event of any action at law or in equity is necessary to enforce or interpret for the terms breach of this Agreement, the prevailing party shall be entitled to reasonable attorneys’ fees, costs and necessary disbursements expenses incurred in addition to any other relief to which connection with such party may be entitledaction.
Appears in 20 contracts
Samples: Executive Employment Agreement (MDxHealth SA), Executive Employment Agreement (MDxHealth SA), Executive Employment Agreement (MDxHealth SA)
Attorneys’ Fees. If any legal action at law or in equity (including arbitration) is necessary to enforce or interpret the terms and conditions of this Agreement, the prevailing party Party shall be entitled to reasonable attorneys’ fees, costs and necessary disbursements in addition to any other relief to which such party may be entitledreasonable attorney’s fees.
Appears in 18 contracts
Samples: Extension Agreement (Oxford Media, Inc.), Agreement and Plan of Merger (Becoming Art Inc), Agreement and Plan of Merger (Becoming Art Inc)
Attorneys’ Fees. If In any action at law or in equity is necessary to enforce or interpret any of the terms provisions of this Agreement, the prevailing party shall be entitled to reasonable attorneys’ fees, fees and costs of investigation and necessary disbursements in addition to any other relief to which such party may be entitledlitigation.
Appears in 18 contracts
Samples: Employment Agreement, Noncompete Agreement (Array Biopharma Inc), Employment Agreement (Nivalis Therapeutics, Inc.)
Attorneys’ Fees. If The prevailing party in any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party Agreement shall be entitled to receive its reasonable attorneys’ fees, court costs and necessary disbursements attorneys fees in addition to any other relief to which such party may be entitleddamages.
Appears in 17 contracts
Samples: Network Appliance, www.netapp.com, www.netapp.com
Attorneys’ Fees. If any action at law or in equity is necessary to enforce or interpret the terms of this the Agreement, the prevailing party shall Party will be entitled to reasonable attorneys’ fees, costs and necessary disbursements in addition to any other relief to which such party that Party may be entitled.
Appears in 17 contracts
Samples: License Agreement (Wikisoft Corp.), Framework Agreement (Via Optronics AG), Satte Facility Lease Agreement (Via Optronics AG)
Attorneys’ Fees. If any action at law or in equity legal proceeding is necessary to enforce or interpret the terms of this Agreement, or to recover damages for breach therefore, the prevailing party shall be entitled to reasonable attorneys’ attorney's fees, as well as costs and necessary disbursements disbursements, in addition to any other relief to which such party he or it may be entitled.
Appears in 16 contracts
Samples: Employment Agreement (Salem Media Group, Inc. /De/), Employment Agreement (Salem Media Group, Inc. /De/), Employment Agreement (Salem Media Group, Inc. /De/)
Attorneys’ Fees. If The prevailing party in any action at law or in equity is necessary proceeding brought to enforce or interpret the terms provisions of this Agreement, the prevailing party Agreement shall be entitled to an award of reasonable attorneys’ fees, ' fees and costs incurred at both the trial and necessary disbursements appellate levels incurred in addition to any other relief to which such party may be entitledenforcing its rights hereunder.
Appears in 15 contracts
Samples: Stock Acquisition Agreement (Brown & Brown Inc), Stock Purchase Agreement (Brown & Brown Inc), Stock Purchase Agreement (Brown & Brown Inc)
Attorneys’ Fees. If any action at law or in equity legal proceeding is necessary brought to enforce or interpret the terms of this Agreement, the prevailing party shall will be entitled to reasonable attorneys’ ' fees, costs costs, and necessary disbursements in addition to any other relief to which such that party may be entitled.
Appears in 15 contracts
Samples: Employment Agreement (Anchor Gaming), Employment Agreement (Anchor Gaming), Agreement (Anchor Gaming)
Attorneys’ Fees. If In the event of any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys’ fees, attorney's fees and court costs and necessary disbursements in addition to any other relief to which such party may be entitled.
Appears in 15 contracts
Samples: Employment Agreement (Cimetrix Inc), Cimetrix Incorporated Employment Agreement (Cimetrix Inc), Employment Agreement (Paradigm Medical Industries Inc)
Attorneys’ Fees. If any action at law or in equity (including arbitration) is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys’ attorney’s fees, costs and necessary disbursements in addition to any other relief to which such party may be entitled.
Appears in 14 contracts
Samples: Investor Rights Agreement, Note Purchase Agreement (Dynaresource Inc), Stock Purchase Agreement (Veriteq)
Attorneys’ Fees. If any action at law or in equity is necessary to enforce or interpret any of the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys’ ' fees, costs and necessary disbursements in addition to any other relief to which such party may be entitled.
Appears in 13 contracts
Samples: Investor Rights Agreement (8x8 Inc /De/), Registration Rights Agreement (8x8 Inc /De/), Investor Rights Agreement (8x8 Inc /De/)
Attorneys’ Fees. If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to receive from the other its reasonable attorneys’ ' fees, costs costs, and necessary disbursements in addition to any other relief to which such party may be entitled.
Appears in 13 contracts
Samples: Purchase Agreement (Homeseekers Com Inc), Agreement and Plan of Merger (Homeseekers Com Inc), Registration Rights Agreement (Homeseekers Com Inc)
Attorneys’ Fees. If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys’ fees, costs and necessary disbursements disbursements, in addition to any other relief to which such the prevailing party may be is entitled.
Appears in 13 contracts
Samples: Agreement and Plan of Merger and Reorganization (California BanCorp), Agreement and Plan of Merger and Reorganization (Southern California Bancorp \ CA), Agreement and Plan of Merger and Reorganization (Southern California Bancorp \ CA)
Attorneys’ Fees. If any an action at law or in equity is necessary brought to enforce or interpret the terms any provision of this Agreement, the prevailing party shall be entitled entitled, in addition to such other relief as may be granted to an award in the same or a subsequent proceeding, to reasonable attorneys’ fees, costs fees and necessary disbursements in addition to any other relief to which such party may be entitledcosts.
Appears in 12 contracts
Samples: Professional Services Agreement, Consultant Agreement, Consultant Agreement
Attorneys’ Fees. If any action at law or in equity is necessary to enforce or interpret the terms of this AgreementAgreement or any other agreement or document to be executed or delivered pursuant hereto, the prevailing party shall be entitled to reasonable attorneys’ ' fees, costs costs, and necessary disbursements in addition to any other relief to which such party may be entitled.
Appears in 11 contracts
Samples: Investors’ Rights Agreement (Vincera, Inc.), Investors’ Rights Agreement (Vincera, Inc.), Rights Agreement (Exploration Co of Delaware Inc)
Attorneys’ Fees. If any action at law or in equity is necessary brought to enforce or interpret the terms provisions of this Agreement, the prevailing party in such action shall be entitled to reasonable awarded its attorneys’ fees, ' fees and costs and necessary disbursements in addition to any other relief to which such party may be entitledincurred.
Appears in 11 contracts
Samples: Confidentiality Agreement, Confidentiality Agreement, Confidentiality Agreement
Attorneys’ Fees. If any action at law or in equity (including arbitration) is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall will be entitled to reasonable attorneys’ fees, costs costs, and necessary disbursements in addition to any other relief to which such the party may be entitled. Each party shall pay all costs and expenses that it incurs with respect to the negotiation, execution, delivery, and performance of the Agreement.
Appears in 11 contracts
Samples: Series Seed Preferred Stock Investment Agreement, Contribution Agreement, Series C Conversion Agreement (NowRx, Inc.)
Attorneys’ Fees. If The prevailing party in any action at law proceeding brought to interpret or in equity is necessary to enforce or interpret the terms provisions of this Agreement, the prevailing party or for damages for any alleged breach, shall be entitled to an award of reasonable attorneys’ fees' fees and costs incurred at both the trial and appellate levels incurred in enforcing its, costs and necessary disbursements in addition to any other relief to which such party may be entitledher or his rights hereunder.
Appears in 11 contracts
Samples: Mutual Agreement (Maptelligent, Inc.), Mutual Agreement (Maptelligent, Inc.), Mutual Rescission Agreement and Release (PTS Inc/Nv/)
Attorneys’ Fees. If any action at law or in equity (including mediation or ADR) is necessary to enforce or interpret the terms of this Agreement, Agreement the prevailing party Party shall be entitled to reasonable attorneys’ fees, costs and necessary disbursements in addition to any other relief to which such party Party may be entitled.
Appears in 11 contracts
Samples: Mea Engineering Agreement (Hoku Scientific Inc), Mea Engineering Agreement (Hoku Scientific Inc), Collaboration Agreement (Hoku Scientific Inc)
Attorneys’ Fees. If any action at law or in equity is necessary to enforce or interpret any of the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys’ fees, costs and necessary disbursements in addition to any other relief to which such party may be entitled.
Appears in 10 contracts
Samples: Investor Rights Agreement, Registration Rights Agreement, Rights Agreement (Axs One Inc)
Attorneys’ Fees. If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys’ attorney's fees, costs and necessary disbursements expenses in addition to any other relief to which such prevailing party may be entitled.
Appears in 9 contracts
Samples: Professional Services Agreement (CS Financing CORP), Professional Services Agreement (CS Financing CORP), Confidential Treatment (Infodata Systems Inc)
Attorneys’ Fees. If either party to this Agreement is required to initiate or defend or made a party to any action at law or proceeding in equity is necessary to enforce or interpret the terms of any way connected with this Agreement, the prevailing party shall be entitled to reasonable attorneys’ feesin such action or proceeding, costs and necessary disbursements in addition to any other relief which any be granted, whether legal or equitable, shall be entitled to which such party may be entitledreasonable attorney’s fees, whether or not the matter proceeds to judgment.
Appears in 9 contracts
Samples: City of Rancho Palos Verdes Contract Services Agreement For, City of Cypress, City of Cypress Agreement for Contract Services For
Attorneys’ Fees. If In any action at law or in equity is necessary proceeding (including any appeals) brought to enforce or interpret the terms any provision of this Agreement, the prevailing party shall will be entitled to reasonable attorneys’ fees, costs attorney’s fees and necessary disbursements in addition to any other relief to which such party may be entitledcosts.
Appears in 9 contracts
Samples: Employment Agreement (Fluent, Inc.), Employment Agreement (Fluent, Inc.), Employment Agreement
Attorneys’ Fees. If In the event of any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys’ fees, fees and court costs and necessary disbursements in addition to any other relief to which such party may be entitled.
Appears in 9 contracts
Samples: Services Agreement (Park City Group Inc), Services Agreement (Park City Group Inc), Employment Agreement (Park City Group Inc)
Attorneys’ Fees. If any action at law or in equity is necessary to enforce or interpret the terms of this AgreementSAFE, the prevailing party shall will be entitled to reasonable attorneys’ fees, costs and necessary disbursements in addition to any other relief to which such party may be entitled.
Appears in 9 contracts
Samples: Simple Agreement (Reed's, Inc.), Simple Agreement (Reed's, Inc.), Simple Agreement (Reed's, Inc.)
Attorneys’ Fees. If it becomes necessary for any party to initiate legal action at law or in equity is necessary any other proceeding to enforce enforce, defend or interpret the terms of construe such party's rights or obligations under this Agreement, the prevailing party shall will be entitled to reasonable attorneys’ fees, costs and necessary disbursements expenses, including attorneys' fees and costs, incurred and paid in addition to any other relief to which connection with such party may be entitledaction or proceeding.
Appears in 9 contracts
Samples: Registration Rights Agreement (StarTek, Inc.), Registration Rights Agreement (StarTek, Inc.), Registration Rights Agreement (Signature Group Holdings, Inc.)
Attorneys’ Fees. If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys’ attorney's fees, costs and necessary disbursements disbursements, in addition to any other relief to which such party may be entitled.
Appears in 9 contracts
Samples: Shareholders' Rights Agreement (Displaytech Inc), Shareholders' Rights Agreement (Displaytech Inc), Stock Purchase Agreement (Displaytech Inc)
Attorneys’ Fees. If any action at law or in equity is necessary to enforce or interpret the terms of this AgreementNote, the prevailing party shall be entitled to reasonable attorneys’ ' fees, costs and necessary disbursements in addition to any other relief to which such party may be entitled.
Appears in 9 contracts
Samples: Note and Warrant Purchase Agreement (Applied Voice Recognition Inc /De/), Agreement for Purchase and Sale of Assets (Us Electricar Inc), Convertible Promissory Note and Warrant Purchase Agreement (Digirad Corp)
Attorneys’ Fees. If any action at law or in equity is --------------- necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys’ ' fees, costs and necessary disbursements disbursements, in addition to any other relief to which such party may be entitled.
Appears in 8 contracts
Samples: Liquidity and Voting Agreement (Davel Communications Group Inc), Voting Agreement (Davel Communications Group Inc), Voting Agreement (Davel Communications Group Inc)
Attorneys’ Fees. If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys’ ' fees, costs costs, and necessary disbursements expenses in addition to any other relief to which such prevailing party may be entitled.
Appears in 8 contracts
Samples: Control and Restrictive Covenant Agreement (PRG Schultz International Inc), Control and Restrictive Covenant Agreement (PRG Schultz International Inc), Control and Restrictive Covenant Agreement (PRG Schultz International Inc)
Attorneys’ Fees. If any action at law or in equity legal proceeding is necessary to enforce or interpret the terms of this AgreementAgreement or to recover damages for breach hereof, the prevailing party shall be entitled to reasonable attorneys’ fees, attorney's fees as well as costs and necessary disbursements in addition to any other relief to which such party he or it may be entitled.
Appears in 8 contracts
Samples: Employment Agreement (McKenzie Bay International), Employment Agreement (McKenzie Bay International), Employment Agreement (McKenzie Bay International)
Attorneys’ Fees. If any action at law or in equity is necessary to enforce or interpret the terms of this AgreementNote, the prevailing party shall will be entitled to reasonable attorneys’ fees, costs and necessary disbursements in addition to any other relief to which such party may be entitled.
Appears in 8 contracts
Samples: Note Subscription Agreement (AEON Biopharma, Inc.), f.hubspotusercontent30.net, AEON Biopharma, Inc.
Attorneys’ Fees. If any party brings any suit, action at law or in equity is necessary claim to enforce or interpret the terms provisions of this Agreement, the prevailing party shall be entitled to seek reasonable attorneys’ fees, costs fees and necessary disbursements litigation expenses in addition to any other relief to which such party may be entitledcourt costs.
Appears in 8 contracts
Samples: Employment Agreement (Professional Diversity Network, Inc.), Employment Agreement (Professional Diversity Network, Inc.), Employment Agreement (Professional Diversity Network, Inc.)
Attorneys’ Fees. If any action at law or in equity (including arbitration) is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys’ fees, costs and necessary disbursements in addition to any other relief to which such party may be entitled.
Appears in 8 contracts
Samples: Exchange Agreement (Unicycive Therapeutics, Inc.), Investors’ Rights Agreement (Vividion Therapeutics, Inc.), Voting Agreement (Vintage Wine Estates, Inc.)
Attorneys’ Fees. If any action at law or in equity legal proceeding is necessary to enforce or interpret the terms of this Agreement, or to recover damages for breach therefore, the prevailing party shall be entitled to reasonable attorneys’ attorney’s fees, as well as costs and necessary disbursements disbursements, in addition to any other relief to which such party may be entitled.
Appears in 8 contracts
Samples: Executive Employment Agreement (ATC Technology CORP), Executive Employment Agreement (ATC Technology CORP), Executive Employment Agreement (ATC Technology CORP)
Attorneys’ Fees. If any legal action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys’ fees, costs and necessary disbursements ' fees in addition to any other relief to which such that party may be entitled. This provision shall be construed as applicable to the entire Agreement.
Appears in 8 contracts
Samples: Compuassistant Website Hosting Agreement, Website and Database Development Agreement (Full Circle Promotions Inc), Website and Database Development Agreement (Full Circle Promotions Inc)
Attorneys’ Fees. If any In the event that either party must institute legal action at law or in equity is necessary to enforce or interpret compel the other to comply with the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys’ fees, costs ' fees and necessary disbursements in addition to any other relief to which such party may be entitledcosts.
Appears in 8 contracts
Samples: Employment Agreement (American Technology Corp /De/), Employment Agreement (Valuestar Corp), Employment Agreement (Patriot Scientific Corp)
Attorneys’ Fees. If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys’ fees, costs and necessary disbursements in addition to any other relief to which such party may be entitledentitled as determined by such court or proceeding.
Appears in 7 contracts
Samples: Registration Rights Agreement (AutoGenomics, Inc.), Registration Rights Agreement (AutoGenomics, Inc.), Registration Rights Agreement (AutoGenomics, Inc.)
Attorneys’ Fees. If any action at law or in equity is necessary to enforce or interpret the terms of this AgreementAgreement or the other Related Documents, the prevailing party shall be entitled to reasonable attorneys’ ' fees, costs and necessary disbursements in addition to any other relief to which such party may be entitled.
Appears in 7 contracts
Samples: Common Stock Purchase Agreement (Icm Asset Management Inc/Wa), Stock and Warrant Purchase Agreement (Westcliff Capital Management LLC/Ca), Common Stock Purchase Agreement (Elite Logistics Inc)
Attorneys’ Fees. If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall will be entitled to reasonable attorneys’ fees, costs and necessary disbursements in addition to any other relief to which such party may be entitled. This provision does not override any provision in the Special Purpose Vehicle.
Appears in 7 contracts
Samples: Convertible Note Purchase Agreement, Convertible Note Purchase Agreement, Convertible Note Purchase Agreement
Attorneys’ Fees. If any party brings any action at law or in equity is necessary to enforce or interpret the terms any provisions of this Agreement, whether at law, in equity or otherwise, the prevailing party who substantially prevails in such action shall be entitled to reasonable attorneys’ feesentitled, costs and necessary disbursements in addition to any other relief rights or remedies available to which him or it, to collect from the other party or parties the reasonable costs and expenses incurred in the investigation preceding such party may be entitledaction and the prosecution of such action, including but not limited to reasonable attorney’s fees.
Appears in 7 contracts
Samples: Intellectual Property License Agreement, Intellectual Property License Agreement, Intellectual Property License Agreement
Attorneys’ Fees. If In any action at law or in equity is necessary to enforce or interpret any of the terms provisions of this Agreement, the prevailing party shall be entitled to reasonable attorneys’ fees, ' fees and costs of investigation and necessary disbursements in addition to any other relief to which such party may be entitledlitigation.
Appears in 7 contracts
Samples: Noncompete Agreement (Array Biopharma Inc), Noncompete Agreement (Array Biopharma Inc), Noncompete Agreement (Array Biopharma Inc)
Attorneys’ Fees. If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys’ fees, costs and necessary disbursements disbursements, in addition to any other relief to which such party may be entitled.
Appears in 7 contracts
Samples: Acquisition Agreement (First Community Bank Corp of America), Agreement and Plan of Merger (FCStone Group, Inc.), Support Agreement (Plains Exploration & Production Co)
Attorneys’ Fees. If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys’ fees, costs and necessary disbursements in addition to any other relief to which such party may be entitled. Each party shall pay all costs and expenses that it incurs with respect to the negotiation, execution, delivery and performance of the Agreement.
Appears in 7 contracts
Samples: Assignment Agreement (IPMD GmbH), Assignment Agreement (Sacks Bradley J.), Implementation Agreement (Sacks Bradley J.)
Attorneys’ Fees. If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the substantially prevailing party shall will be entitled to reasonable attorneys’ fees, fees and costs and necessary disbursements in addition to any other relief to which such party may be entitled.
Appears in 7 contracts
Samples: Master Service Agreement, Master Service Agreement, Provider Master Service Agreement
Attorneys’ Fees. If it becomes necessary for any party to initiate legal action at law or in equity is necessary any other proceeding to enforce enforce, defend or interpret the terms of construe such party's rights or obligations under this Agreement, the prevailing party shall will be entitled to its reasonable costs and expenses, including attorneys’ ' fees, costs and necessary disbursements incurred in addition to any other relief to which connection with such party may be entitledaction or proceeding.
Appears in 7 contracts
Samples: Executive Employment Agreement (United Road Services Inc), Executive Employment Agreement (United Road Services Inc), Executive Employment Agreement (United Road Services Inc)
Attorneys’ Fees. If any action at law or in equity is necessary to enforce or interpret the terms of this AgreementNote, the prevailing party shall will be entitled to reasonable attorneys’ ' fees, costs and necessary disbursements in addition to any other relief to which such party may be entitled.
Appears in 7 contracts
Samples: gosteward.com, First Harvest Corp., First Harvest Corp.
Attorneys’ Fees. If either party to this Agreement is required to initiate or defend or made a party to any action at law or proceeding in equity is necessary to enforce or interpret the terms of any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which may be granted, shall be entitled to reasonable attorneys’ fees, whether or not the matter proceeds to judgment, and to all other reasonable costs for investigating such action, taking depositions and discovery, including all other necessary disbursements costs the court allows which are incurred in addition to any other relief to which such party may be entitledlitigation.
Appears in 6 contracts
Samples: District Professional Services Agreement, Professional Services Agreement, Professional Services Agreement
Attorneys’ Fees. If any legal action at law or in equity is necessary in order to enforce or interpret the terms of this AgreementLease, the prevailing party shall will be entitled to reasonable attorneys’ fees, costs and necessary disbursements in addition to any other relief to which such party may be is entitled.
Appears in 6 contracts
Samples: Lease Assignment & Assumption (Fulgent Genetics, Inc.), Sublease Agreement (Fulgent Genetics, Inc.), Lease Agreement
Attorneys’ Fees. If either Party to this Agreement is required to initiate or defend or made a party to any action at law or proceeding in equity is necessary to enforce or interpret the terms of any way connected with this Agreement, the prevailing party shall be entitled to reasonable attorneys’ feesin such action or proceeding, costs and necessary disbursements in addition to any other relief which any be granted, whether legal or equitable, shall be entitled to which such party may be entitledreasonable attorney’s fees and costs of suit, whether or not the matter proceeds to judgment.
Appears in 6 contracts
Samples: Agreement for Professional Services, Agreement for Professional Services, Agreement for Professional Services
Attorneys’ Fees. If any legal action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys’ fees, costs reasonable expert witness fees, costs, and necessary disbursements in addition to any other relief to which such that party may be entitled.
Appears in 6 contracts
Samples: Consulting Services Agreement, Consulting Services Agreement, Consulting Services Agreement
Attorneys’ Fees. If any legal action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys’ attorney’s fees, costs and necessary disbursements in addition to any other relief to which such party may be entitled.
Appears in 6 contracts
Samples: Investors’ Rights Agreement (Glu Mobile Inc), Rights Agreement (PortalPlayer, Inc.), Preferred Stock Purchase Agreement (Glu Mobile Inc)
Attorneys’ Fees. If any action at law or in equity (including, arbitration) is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys’ fees, costs and necessary disbursements in addition to any other relief to which such party may be entitled.
Appears in 6 contracts
Samples: Asset Purchase Agreement (Acelrx Pharmaceuticals Inc), Investors’ Rights Agreement (Urgent.ly Inc.), Investors’ Rights Agreement (Urgent.ly Inc.)
Attorneys’ Fees. If any action at law or To the extent authorized by law, in equity is necessary to enforce or interpret the terms event that either party brings suit for enforcement of this Agreement, the prevailing party shall be entitled to reasonable attorneys’ fees, attorney's fees and court costs and necessary disbursements in addition to any other relief to which such party may be entitledremedy afforded by law.
Appears in 6 contracts
Samples: Agreement, Agreement for Finance and Human Resources, Agreement
Attorneys’ Fees. If any In the event an action at law or in equity proceeding is necessary instituted to enforce or interpret the terms provisions of this Agreement, the prevailing party shall be entitled to such reasonable attorneys’ fees, costs and necessary disbursements in addition to any other relief to which such party fees as the court may be entitledaward.
Appears in 6 contracts
Samples: Employment and Non Competition Agreement, Employment and Non Competition Agreement (CPI Card Group Inc.), Employment and Non Competition Agreement (CPI Card Group Inc.)
Attorneys’ Fees. If any action at law or in equity is necessary taken to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys’ fees, costs and necessary disbursements in addition to any other relief to which such party may be entitled, including fees and expenses on appeal. In any dispute resolved through arbitration under Section 5.5, the arbitrator shall have sole discretion to determine whether or not fees, costs or disbursements shall be awarded to a party.
Appears in 6 contracts
Samples: Executive Severance Agreement (Planar Systems Inc), Key Employee Severance Agreement (Planar Systems Inc), Key Employee Severance Agreement (Planar Systems Inc)
Attorneys’ Fees. If In the event of any action to enforce, interpret or construe this Agreement, in addition to any other relief to which it may be entitled at law or in equity is necessary to enforce or interpret the terms of this Agreementequity, the prevailing party shall be entitled to its reasonable costs incurred, including attorneys’ feesfees and the costs of appeal, costs and necessary disbursements in addition to any other relief to which such party may be entitledif any.
Appears in 6 contracts
Samples: Stock Purchase Agreement (Scott's Liquid Gold - Inc.), Asset Purchase Agreement (Scott's Liquid Gold - Inc.), Asset Purchase Agreement (Scott's Liquid Gold - Inc.)
Attorneys’ Fees. If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys’ attorney's fees, costs costs, and necessary disbursements disbursements, in addition to any other relief to which such party he or it may be entitled.
Appears in 6 contracts
Samples: Agreement of Employment (Eco Soil Systems Inc), Agreement of Employment (Eco Soil Systems Inc), Agreement of Employment (Eco Soil Systems Inc)
Attorneys’ Fees. If any action at law or in equity is necessary to enforce or interpret the terms of this Subscription Agreement, the prevailing party shall will be entitled to reasonable attorneys’ fees, costs and necessary disbursements in addition to any other relief to which such party may be entitled.
Appears in 6 contracts
Samples: Subscription Agreement (Epien Medical, Inc.), Subscription Agreement (BranchOut Food Inc.), Subscription Agreement (SOS Hydration Inc.)
Attorneys’ Fees. If any action at law or in equity is necessary brought to enforce or interpret the terms of this Agreementagreement, including collection of delinquent payment, the prevailing party shall be entitled to reasonable attorneys’ attorney’s fees, costs and necessary disbursements in addition to any other relief to which such party it may be entitled.
Appears in 6 contracts
Samples: University Services Agreement, Uc Davis Agreement, Ucd Agreement
Attorneys’ Fees. If In the event of any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys’ fees, ' fees and court costs and necessary disbursements in addition to any other relief to which such party may be entitled.
Appears in 5 contracts
Samples: Employment Agreement (Park City Group Inc), Employment Agreement (Park City Group Inc), Services Agreement (Park City Group Inc)
Attorneys’ Fees. If In the event of any action at law or in equity is necessary to enforce or interpret for the terms breach of this Agreement, the prevailing party shall be entitled to reasonable attorneys’ fees, costs costs, and necessary disbursements expenses incurred in addition to any other relief to which connection with such party may be entitledaction.
Appears in 5 contracts
Samples: Executive Employee Agreement (Energy Recovery, Inc.), Executive Employee Agreement (Energy Recovery, Inc.), Executive Employee Agreement (Energy Recovery, Inc.)
Attorneys’ Fees. If any legal action at law or in equity is necessary brought to enforce or interpret the terms this Agreement or any of this Agreementits provisions, the prevailing party shall be entitled to reasonable attorneys’ fees, costs and necessary disbursements fees in addition to any other relief recovery to which such party may be entitled. 14.
Appears in 5 contracts
Samples: Finders Fee Contract Agreement, Finders Fee Agreement, S Fee Agreement
Attorneys’ Fees. If In any action at law or in equity is necessary to enforce or interpret the terms or provisions of this Agreement, the prevailing party shall in such action will be entitled to its reasonable attorneys’ fees and costs, arbitration fees, costs paralegal fees, expert witness fees, court filing fees, copying charges, and necessary disbursements in addition to any other relief to which such party may be entitleddeposition transcription fees.
Appears in 5 contracts
Samples: Separation Agreement and General Release (Purple Innovation, Inc.), Second Consultancy Agreement (Purple Innovation, Inc.), Separation Agreement and General Release (Purple Innovation, Inc.)
Attorneys’ Fees. If any action at law or in equity (including arbitration) is necessary to enforce or interpret the terms of this Agreement, the prevailing party Party shall be entitled to reasonable attorneys’ attorney’s fees, costs and necessary disbursements in addition to any other relief to which such party Party may be entitled.
Appears in 5 contracts
Samples: Share Subscription Cum Shareholders Agreement (Yatra Online, Inc.), License Agreement (Veriteq), License Agreement (POSITIVEID Corp)
Attorneys’ Fees. If any action at law or in equity legal proceeding is necessary to enforce or interpret the terms of this Agreement, or to recover damages for breach thereof, the prevailing party shall be entitled to reasonable attorneys’ fees, as well as costs and necessary disbursements disbursements, in addition to any other relief to which such party may be he or she is entitled.
Appears in 5 contracts
Samples: Joint Management Services Agreement (Douglas Dynamics, Inc), Joint Management Services Agreement (Douglas Dynamics, Inc), Joint Management Services Agreement (Douglas Dynamics, Inc)
Attorneys’ Fees. If any action at law or in equity is necessary to enforce or interpret the terms of this Agreementany of the Transaction Agreements, the prevailing party shall be entitled to reasonable attorneys’ ' fees, costs and necessary disbursements in addition to any other relief to which such party may be entitled.
Appears in 5 contracts
Samples: Securities Purchase Agreement (Salon Media Group Inc), Securities Purchase Agreement (Salon Media Group Inc), Securities Purchase Agreement (Salon Media Group Inc)
Attorneys’ Fees. If any action at law or in equity is necessary to enforce or interpret the terms of this AgreementNote, the prevailing party shall be entitled to reasonable attorneys’ fees, costs and necessary disbursements in addition to any other relief to which such party may be entitled.
Appears in 5 contracts
Samples: Note and Warrant Purchase Agreement (HTG Molecular Diagnostics, Inc), Lease (aTYR PHARMA INC), Lease (ZP Holdings Inc)
Attorneys’ Fees. If any action at law or in equity is necessary brought to enforce or interpret the terms provisions of this Agreement, the prevailing party shall in such action will be entitled to its reasonable attorneys’ feesfees and costs incurred, costs and necessary disbursements in addition to any other relief to which such party may be entitled.
Appears in 5 contracts
Samples: Conversion and Settlement Agreement (Dyntek Inc), Separation and General Release Agreement (Dyntek Inc), Replacement Director Compensation Agreement and Mutual Release (Deckers Outdoor Corp)
Attorneys’ Fees. If it becomes necessary for any party to initiate --------------- legal action at law or in equity is necessary any other proceeding to enforce enforce, defend or interpret the terms of construe such party's rights or obligations under this Agreement, the prevailing party shall will be entitled to its reasonable costs and expenses, including attorneys’ ' fees, costs and necessary disbursements incurred in addition to any other relief to which connection with such party may be entitledaction or proceeding.
Appears in 5 contracts
Samples: Employment Agreement (United Road Service Inc), Employment Agreement (United Road Service Inc), Executive Employment Agreement (United Road Services Inc)
Attorneys’ Fees. If any action at law or in equity legal proceeding is necessary to enforce or interpret the terms of this Agreement, or to recover damages for breach therefore, the prevailing party shall be entitled to reasonable attorneys’ attorney’s fees, as well as costs and necessary disbursements disbursements, in addition to any other relief to which such party he or it may be entitled.
Appears in 5 contracts
Samples: Executive Employment Agreement (Aftermarket Technology Corp), Executive Employment Agreement (Aftermarket Technology Corp), Executive Employment Agreement (Aftermarket Technology Corp)
Attorneys’ Fees. If any action at law or in equity is necessary brought to enforce or interpret the terms of this Agreement, the prevailing party shall Party in such action will be entitled to an award of reasonable attorneys’ feesattorney’s fees and costs incurred in such action, costs and necessary disbursements in addition to any other relief available to which such party may be entitledit at law or in equity.
Appears in 5 contracts
Samples: Commercial Lighting Incentive Agreement, Commercial Lighting Incentive Agreement, Commercial Lighting Incentive Agreement
Attorneys’ Fees. If any action at law or in equity is necessary brought to enforce or interpret the terms provisions of this Agreement, the prevailing party in such action shall be entitled to awarded its reasonable attorneys’ fees, ' fees and costs and necessary disbursements in addition to any other relief to which such party may be entitledincurred.
Appears in 5 contracts
Samples: Non Disclosure Agreement, Mutual Non Disclosure Agreement, Non Disclosure Agreement
Attorneys’ Fees. If any action at law or in equity is necessary to enforce or interpret the terms of this AgreementAgreement or any other document or instrument to be executed or delivered pursuant hereto, the prevailing party shall be entitled to reasonable attorneys’ ' fees, costs and necessary disbursements in addition to any other relief to which such party may be entitled.
Appears in 5 contracts
Samples: Agreement and Plan of Merger (Quantum Fuel Systems Technologies Worldwide Inc), Agreement and Plan of Merger (Critical Home Care Inc), Agreement and Plan of Merger (Starcraft Corp /In/)
Attorneys’ Fees. If any action at law or in equity legal proceeding is necessary to enforce or interpret the terms of this Agreement, or to recover damages for breach therefore, the prevailing party shall be entitled to reasonable attorneys’ attorney’s fees, as well as costs and necessary disbursements disbursements, in addition to any other relief to which such party he or it may be entitled.
Appears in 5 contracts
Samples: Employment Agreement (Salem Media Group, Inc. /De/), Employment Agreement (Salem Media Group, Inc. /De/), Employment Agreement (Salem Communications Corp /De/)
Attorneys’ Fees. If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall will be entitled to reasonable attorneys’ ' fees, costs and necessary disbursements in addition to any other relief to which such party may be entitled.
Appears in 5 contracts
Samples: Convertible Note Purchase Agreement (Guerrilla RF, Inc.), Convertible Note Purchase Agreement (Guerrilla RF, Inc.), Convertible Note Purchase Agreement (Daybreak Oil & Gas, Inc.)
Attorneys’ Fees. If In the event of any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys’ ' fees, court costs and necessary disbursements in addition to any other relief to which such party may otherwise be entitled.
Appears in 5 contracts
Samples: Employment Agreement (Dynatec International Inc), Employment Agreement (Dynatec International Inc), Employment Agreement (Dynatec International Inc)
Attorneys’ Fees. If any action civil action, whether at law or in equity equity, is necessary to enforce or interpret any of the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys’ ' fees, court costs and necessary disbursements other reasonable expenses of litigation, in addition to any other relief to which such party may be entitled.
Appears in 5 contracts
Samples: Separation Agreement (Sport Supply Group Inc), Confidentiality and Severance Agreement (Sport Supply Group Inc), Non Competition, Confidentiality and Severance Agreement (Sport Supply Group Inc)
Attorneys’ Fees. If any action at law or in equity is necessary --------------- to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys’ ' fees, costs and necessary disbursements in addition to any other relief to which such party may be entitled.
Appears in 4 contracts
Samples: Rights Agreement (Commerx Inc), Stockholders' Agreement (Inflow Inc), Stockholders' Agreement (Inflow Inc)
Attorneys’ Fees. If In the event it becomes necessary for any party to initiate legal action at law or in equity is necessary any other proceeding to enforce enforce, defend or interpret the terms of construe such party's rights or obligations under this Agreement, the prevailing party shall will be entitled to its reasonable costs and expenses, including attorneys’ ' fees, costs and necessary disbursements incurred in addition to any other relief to which connection with such party may be entitledaction or proceeding.
Appears in 4 contracts
Samples: Employment Agreement (Nevada Geothermal Power Inc), Executive Employment Agreement (Alibris Inc), Employment Agreement (Nevada Geothermal Power Inc)
Attorneys’ Fees. If any action at law or in equity legal proceeding is necessary to enforce or interpret the terms of this Agreement, or to recover damages for breach hereof, the prevailing party shall be entitled to reasonable attorneys’ ' fees, as well as costs and necessary disbursements disbursements, in addition to any other relief to which such party he or it may be entitled.
Appears in 4 contracts
Samples: Employment Agreement (Buckeye Ventures, Inc.), Merger Agreement (Northwestern Public Service Co), Employment Agreement (Cornerstone Propane Partners Lp)
Attorneys’ Fees. If any legal action at law is brought to construe or in equity is necessary to enforce or interpret the terms any provision of this Agreement, the prevailing party shall be entitled to receive its reasonable attorneys’ fees, ' fees and court costs and necessary disbursements in addition to any other relief to which such party it may be entitledreceive.
Appears in 4 contracts
Samples: Website Services Agreement (Ivillage Inc), License and Hosting Agreement (Women Com Networks Inc), License and Hosting Agreement (Women Com Networks Inc)
Attorneys’ Fees. If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the substantially prevailing party shall Party will be entitled to reasonable attorneys’ fees, costs and necessary disbursements expenses in addition to any other relief to which such party prevailing Party may be entitled.
Appears in 4 contracts
Samples: Stratton Master Services Agreement, Master Services Agreement (Cerberus Telecom Acquisition Corp. II), Master Services Agreement (Cerberus Telecom Acquisition Corp.)
Attorneys’ Fees. If any action at law or in equity is necessary brought to enforce or interpret the terms provisions of this Agreement, the prevailing party shall will be entitled to reasonable attorneys’ fees, costs and necessary disbursements ' fees in addition to any other relief to which such that party may be entitled.
Appears in 4 contracts
Samples: Novo Adjusted Agreement (Recruiter.com Group, Inc.), Elite Printer Package Full Service Agreement, Manufacturing Contract (BeesFree, Inc.)
Attorneys’ Fees. If In the event of any action at law for breach of, or in equity is necessary to enforce or interpret the terms provisions of this Agreement, the prevailing party in such action shall be entitled to reasonable attorneys’ fees, costs costs, and necessary disbursements in addition to any expenses and reasonable attorneys’ fees on appeal or other relief to which such party may be entitledjudicial proceedings.
Appears in 4 contracts
Samples: Industrial Lease (Appfolio Inc), Industrial Lease (Appfolio Inc), Umbrella Termination Agreement (Appfolio Inc)
Attorneys’ Fees. If The parties agree that if any legal action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys’ fees, costs and necessary disbursements ' fees in addition to any other relief to which such that party may be entitled.
Appears in 4 contracts
Samples: Acquisition Agreement (Ziasun Technologies Inc), Registration Rights Agreement (Gk Intelligent Systems Inc), Registration Rights Agreement (Ziasun Technologies Inc)
Attorneys’ Fees. If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys’ fees, costs costs, and necessary disbursements in addition to any other relief to which such party may be entitled, including fees, costs, and disbursements at trial and on appeal.
Appears in 4 contracts
Samples: Sale and Purchase Agreement, Sale and Purchase Agreement, Sale and Purchase Agreement
