Attorneys’ Fees. If any action or proceeding relating to this Agreement or the enforcement of any provision of this Agreement is brought against any party hereto, the prevailing party shall be entitled to recover reasonable attorneys' fees, costs and disbursements (in addition to any other relief to which the prevailing party may be entitled).
Appears in 173 contracts
Samples: Asset Purchase Agreement (PureBase Corp), Asset Purchase Agreement (Eco Science Solutions, Inc.), Asset Purchase Agreement (Separation Degrees - One, Inc.)
Attorneys’ Fees. If In the event of any action or proceeding relating to this Agreement declare or enforce the enforcement of any provision terms of this Agreement is brought against any party hereto(including the documents and instruments referred to herein), the prevailing party shall be entitled to recover its reasonable attorneys' fees’ fees and other costs, costs and disbursements (in addition to any other relief to which the prevailing party that may be entitled).granted. [Signature page follows]
Appears in 115 contracts
Samples: Purchase and Sale Agreement (Otis Gallery LLC), Purchase and Sale Agreement (Otis Gallery LLC), Purchase and Sale Agreement (Otis Gallery LLC)
Attorneys’ Fees. If any action or proceeding relating is brought to this Agreement or enforce the enforcement of any provision terms of this Agreement is brought against any party heretoAgreement, the prevailing party shall will be entitled to recover its reasonable attorneys' ’ fees, costs and disbursements (expenses from the other party, in addition to any other relief to which the prevailing party may be entitled).
Appears in 95 contracts
Samples: Separation Agreement (Energous Corp), Transition and Resignation Agreement (Aeglea BioTherapeutics, Inc.), Separation Agreement (Bill.com Holdings, Inc.)
Attorneys’ Fees. If any action or proceeding relating to this Agreement or the enforcement of any provision of this Agreement is brought against any party hereto, the prevailing party shall be entitled to recover reasonable attorneys' ’ fees, costs and disbursements (in addition to any other relief to which the prevailing party may be entitled).
Appears in 59 contracts
Samples: Agreement and Plan of Merger (Oncolyze, Inc.), Asset Purchase Agreement (Moxian (BVI) Inc), Asset Acquisition Agreement
Attorneys’ Fees. If any legal action or other legal proceeding relating to this Agreement or the enforcement of any provision of this Agreement is brought against any party heretoStockholder, the prevailing party shall be entitled to recover reasonable attorneys' ’ fees, costs and disbursements (in addition to any other relief to which the prevailing party may be entitled).
Appears in 45 contracts
Samples: Voting and Support Agreement (Primoris Services Corp), Voting and Support Agreement (Primoris Services Corp), Voting and Support Agreement (Primoris Services Corp)
Attorneys’ Fees. If any action or proceeding relating to this Agreement Agreement, or the enforcement of any provision of this Agreement is brought by a party hereto against any party hereto, the prevailing party shall be entitled to recover reasonable attorneys' ’ fees, costs and disbursements (in addition to any other relief to which the prevailing party may be entitled).
Appears in 44 contracts
Samples: Share Exchange Agreement (DatChat, Inc.), Share Exchange Agreement (Collective Audience, Inc.), Merger Agreement (Synergy CHC Corp.)
Attorneys’ Fees. If any legal action or other legal proceeding (including arbitration) relating to the performance under this Agreement or the enforcement of any provision of this Agreement is brought against any party either Party hereto, the prevailing party Party shall be entitled to recover reasonable attorneys' fees, costs and disbursements (in addition to any other relief to which the prevailing party Party may be entitled).
Appears in 43 contracts
Samples: Registry Agreement (Verisign Inc/Ca), Registry Agreement, Registrar Accreditation Agreement
Attorneys’ Fees. If Should any action or other proceeding relating be necessary to enforce any of the provisions of this Agreement or the enforcement of any provision of this Agreement is brought against any party heretovarious transactions contemplated hereby, the prevailing party shall will be entitled to recover its actual reasonable attorneys' fees, costs ’ fees and disbursements (in addition to any other relief to which expenses from the non-prevailing party may be entitled)party.
Appears in 40 contracts
Samples: Management Services Agreement (Value Add Growth REIT IV, LLC), Management Services Agreement (Multi-Housing Income REIT, LLC), Management Agreement (Armour Residential REIT, Inc.)
Attorneys’ Fees. If any lawsuit or other action or proceeding relating to this Agreement or the enforcement of any provision of this Agreement is brought by a party hereto against any the other party hereto, the prevailing party shall be entitled to recover reasonable attorneys' fees, costs and disbursements (including allocated costs and disbursements of in-house counsel), in addition to any other relief to which the prevailing party may be entitled).
Appears in 40 contracts
Samples: Master Custody Agreement (Franklin ETF Trust), Custody Agreement (Franklin Valuemark Funds), Custody Agreement (Franklin Floating Rate Trust)
Attorneys’ Fees. If The prevailing party in any suit, action or other proceeding arising out of or relating to this Agreement or the enforcement of any provision of this Agreement is brought against any party heretotransactions contemplated hereby, the prevailing party shall be entitled to recover its costs and reasonable attorneys' fees, costs and disbursements (in addition to any other relief to which the prevailing party may be entitled).
Appears in 40 contracts
Samples: Underwriting Agreement (Rolling Pin Kitchen Emporium Inc), Underwriting Agreement (Esafetyworld Inc), Underwriting Agreement (Protosource Corp)
Attorneys’ Fees. If any legal action or other legal proceeding relating to this Agreement any of the Transactional Agreements or the enforcement of any provision of this Agreement any of the Transactional Agreements is brought against any party heretoto this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees, costs and disbursements (in addition to any other relief to which the prevailing party may be entitled).
Appears in 25 contracts
Samples: Asset Purchase Agreement (Electric Tractor Corp.), Asset Purchase Agreement (Electric Tractor Corp.), Asset Purchase Agreement (Actionpoint Inc)
Attorneys’ Fees. If any legal action or other legal proceeding relating to this Agreement or the enforcement of any provision of this Agreement is brought against any party heretoStockholder, the prevailing party shall be entitled to recover reasonable attorneys' fees, costs and disbursements (in addition to any other relief to which the prevailing party may be entitled).
Appears in 24 contracts
Samples: Voting Agreement (Tut Systems Inc), Voting Agreement (Meridian Data Inc), Voting Agreement (Ebay Inc)
Attorneys’ Fees. If any action or other proceeding relating to this Agreement or the enforcement of any provision of this Agreement is brought against by any party hereto, the prevailing party shall be entitled to recover reasonable attorneys' fees, costs and disbursements (in addition to any other relief to which the prevailing party may be entitled).
Appears in 23 contracts
Samples: Merger Agreement (Xfone Inc), Merger Agreement (Xfone Inc), Stock Purchase Agreement (Amazing Technologies Corp.)
Attorneys’ Fees. If any legal proceeding or other action or proceeding relating to this Agreement or the enforcement of any provision of this Agreement is brought against any party heretoor otherwise initiated, the prevailing party Party shall be entitled to recover reasonable attorneys' attorneys fees, costs and disbursements (in addition to any other relief to which the prevailing party Party may be entitled).
Appears in 22 contracts
Samples: Share Exchange Agreement (Raybor Management Inc), Share Exchange Agreement (Raybor Management Inc), Share Exchange Agreement (Raybor Management Inc)
Attorneys’ Fees. If any legal action or other legal proceeding relating to this Voting Agreement or the enforcement of any provision of this Voting Agreement is brought against any party heretoStockholder, the prevailing party shall be entitled to recover reasonable attorneys' fees, costs and disbursements (in addition to any other relief to which the prevailing party may be entitled).
Appears in 22 contracts
Samples: Voting Agreement (Exelixis Inc), Voting Agreement (Tech Squared Inc), Merger Agreement (Softbank Holdings Inc Et Al)
Attorneys’ Fees. If any legal action or other legal proceeding (including arbitration) relating to the performance under this Agreement or the enforcement of any provision of this Agreement is brought against any party either Party hereto, the prevailing party Party shall be entitled to recover reasonable attorneys' ’ fees, costs and disbursements (in addition to any other relief to which the prevailing party Party may be entitled).
Appears in 21 contracts
Samples: Registry Registrar Agreement, Registry Registrar Agreement, Registry Registrar Agreement
Attorneys’ Fees. If any action or proceeding Legal Proceeding relating to this Agreement or the enforcement of any provision of this Agreement is brought against any party hereto, the prevailing party shall be entitled to recover reasonable attorneys' ’ fees, costs and disbursements (in addition to any other relief to which the prevailing party may be entitled).
Appears in 21 contracts
Samples: Asset Acquisition Agreement (Panacea Acquisition Corp), Asset Purchase Agreement (Biodesix Inc), Merger Agreement (Sorrento Therapeutics, Inc.)
Attorneys’ Fees. If In any action or proceeding relating brought to enforce this Agreement or because of the enforcement breach by any Party of any provision of this Agreement is brought against any party heretocovenant or condition herein contained, the prevailing party Party shall be entitled to recover reasonable attorneys' fees, costs and disbursements ’ fees (including reasonably allocated fees of in-house counsel) in addition to court costs and any and all other relief to which the prevailing party may be entitled)costs recoverable in said action.
Appears in 19 contracts
Samples: Power Purchase Agreement, Renewable Power Purchase Agreement, Renewable Power Purchase Agreement
Attorneys’ Fees. If any action or proceeding relating to this Agreement or the enforcement of any provision of this Agreement Assignment is brought by either party hereto against any party heretothe other party, the prevailing party shall be entitled to recover reasonable attorneys' attorneys fees, costs and disbursements (in addition to any other relief to which the prevailing party may be entitled)disbursements.
Appears in 19 contracts
Samples: Loan and Security Agreement (Global Defense Technology & Systems, Inc.), Loan and Security Agreement (NCI, Inc.), Loan and Security Agreement (Digirad Corp)
Attorneys’ Fees. If any legal action or other legal proceeding relating to this Agreement or the enforcement of any provision of this Agreement is brought against any other party heretoto this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees, costs and disbursements (in addition to any other relief to which the prevailing party may be entitled).
Appears in 18 contracts
Samples: Stockholder Agreement (Prima Energy Corp), Stockholder Agreement (Prima Energy Corp), Stockholder Agreement (Wiser Oil Co)
Attorneys’ Fees. If any action litigation is instituted to enforce or proceeding relating to interpret the provisions of this Agreement or the enforcement of any provision of this Agreement is brought against any party heretotransactions described herein, the prevailing party Party in such action shall be entitled to recover its reasonable attorneys' fees, costs and disbursements (in addition to any ’ fees from the other relief to which the prevailing party may be entitled)Party or Parties hereto.
Appears in 17 contracts
Samples: Executive Employment Agreement (SAExploration Holdings, Inc.), Executive Employment Agreement (SAExploration Holdings, Inc.), Executive Employment Agreement (SAExploration Holdings, Inc.)
Attorneys’ Fees. If In the event of any action controversy, claim, dispute or proceeding relating to between the parties concerning this Agreement or the enforcement of any provision of this Agreement is brought against any party heretoAgreement, the prevailing party shall be entitled to recover all of its reasonable attorneys' fees, ’ fees and other costs and disbursements (in addition to any other relief to which the prevailing party it may be entitled).
Appears in 17 contracts
Samples: Purchase and Sale Agreement (Lubys Inc), Purchase and Sale Agreement (Synalloy Corp), Purchase and Sale Agreement (ARC Group, Inc.)
Attorneys’ Fees. If any action or other proceeding relating is brought to this Agreement interpret or the enforcement of enforce any provision of this Agreement is brought against any party heretoAgreement, the prevailing party shall be entitled to recover reasonable attorneys' fees, costs ’ fees and disbursements (in addition to any other relief to which the prevailing party may be entitled)expenses.
Appears in 16 contracts
Samples: Loan Modification Agreement, Loan Modification Agreement, Revolving Line of Credit Loan Agreement
Attorneys’ Fees. If In any action or proceeding relating hereunder to this Agreement or enforce the enforcement of any provision provisions of this Agreement is brought against any party heretoAgreement, the prevailing party shall be entitled to recover its reasonable attorneys' fees, costs and disbursements (’ fees in addition to any other relief to which the prevailing party may be entitled)recovery hereunder.
Appears in 15 contracts
Samples: Intellectual Property License Agreement (Quantrx Biomedical Corp), Master Purchase Agreement (International Rectifier Corp /De/), Patent License Agreement (Vishay Precision Group, Inc.)
Attorneys’ Fees. If any action or other proceeding relating to this Agreement or the enforcement of any provision of this Agreement is brought against by any party hereto, the prevailing party shall be entitled to recover reasonable attorneys' ’ fees, costs costs, and disbursements (in addition to any other relief to which the prevailing party may be entitled).
Appears in 15 contracts
Samples: Agreement and Plan of Merger (Ikena Oncology, Inc.), Agreement and Plan of Merger (Ikena Oncology, Inc.), Agreement and Plan of Reorganization (Cullen Agricultural Holding Corp)
Attorneys’ Fees. If any action or proceeding relating to this Agreement or In the enforcement event of any provision of arbitration or other adversarial proceeding between the parties concerning this Agreement is brought against any party heretoAgreement, the prevailing party shall be entitled to recover its reasonable attorneys' fees, ’ fees and other costs and disbursements (in addition to any other relief to which the prevailing party it may be entitled).
Appears in 14 contracts
Samples: Alpine Remote Services Agreement, Mobile Deposit Capture Agreement, Remote Deposit Capture Agreement
Attorneys’ Fees. If any action or proceeding relating is brought to this Agreement or enforce the enforcement of any provision terms of this Agreement is brought against any party heretoagreement, the prevailing party shall will be entitled to recover its reasonable attorneys' ’ fees, costs and disbursements (expenses from the other party, in addition to any other relief to which the prevailing party may be entitled).
Appears in 13 contracts
Samples: Separation Agreement (Cineverse Corp.), Separation Agreement (Acutus Medical, Inc.), Separation Agreement (Corsair Gaming, Inc.)
Attorneys’ Fees. If any action or proceeding relating to this Agreement or the enforcement of any provision of this Agreement is brought by either party hereto against any party heretothe other party, the prevailing party shall be entitled to recover reasonable attorneys' fees, costs and disbursements (in addition to any other relief to which the prevailing party may be entitled)disbursements.
Appears in 12 contracts
Samples: Purchase and Sale Agreement (MVP Holdings Corp), Loan Agreement (Crocs, Inc.), Intellectual Property Security Agreement (Southwall Technologies Inc /De/)
Attorneys’ Fees. If any action or proceeding relating to this Agreement or the enforcement of any provision of this Agreement is brought against any party hereto, the prevailing party shall be entitled to recover reasonable attorneys' ’ fees, costs and disbursements (in addition to any other relief to which the prevailing party may be entitled).
Appears in 12 contracts
Samples: Noncompetition and Nonsolicitation Agreement (Clinical Data Inc), Noncompetition and Nonsolicitation Agreement (Transgenomic Inc), Asset Purchase Agreement (Clinical Data Inc)
Attorneys’ Fees. If any legal proceeding or other action or proceeding relating to this Agreement or the enforcement of any provision of this Agreement is brought against any party heretoor otherwise initiated, the prevailing party shall be entitled to recover reasonable attorneys' attorneys fees, costs and disbursements (in addition to any other relief to which the prevailing party may be entitled).
Appears in 12 contracts
Samples: Merger Agreement (Vignette Corp), Agreement and Plan of Reorganization (Patina Oil & Gas Corp), Merger Agreement (Pervasive Software Inc)
Attorneys’ Fees. If any action at law or proceeding relating in equity is necessary to this Agreement enforce or interpret the enforcement of any provision terms of this Agreement is brought against any party heretoAgreement, the prevailing party shall be entitled to recover reasonable attorneys' attorney's fees, costs and necessary disbursements (from the non-prevailing party in addition to any other relief to which the prevailing such party may be entitled).
Appears in 11 contracts
Samples: Employment Agreement (TOMI Environmental Solutions, Inc.), Employment Agreement (Greencore Technology Inc), Employment Agreement (Aquacell Water, Inc.)
Attorneys’ Fees. If any legal action or proceeding relating is necessary to this Agreement or enforce the enforcement of any provision terms of this Agreement is brought against any party heretoAgreement, the prevailing party shall be entitled to recover reasonable attorneys' feesrecover, costs and disbursements (in addition to any other relief amounts to which the prevailing party may be entitled), actual attorneys' fees and court costs as may be awarded by the court.
Appears in 11 contracts
Samples: Indemnification Agreement (Eplus Inc), Indemnification Agreement (North Valley Bancorp), Indemnification Agreement (Ditech Funding Corp)
Attorneys’ Fees. If any action or proceeding relating to this Agreement or In the enforcement event of any provision of judicial or other adversarial proceeding between the parties concerning this Agreement is brought against any party heretoAgreement, the prevailing party shall be entitled to recover reasonable its attorneys' fees, fees and other costs and disbursements (in addition to any other relief to which the prevailing party it may be entitled).
Appears in 11 contracts
Samples: Code Share Agreement (Frontier Airlines Inc /Co/), Code Share and Revenue Sharing Agreement (Mesa Air Group Inc), Code Share and Revenue Sharing Agreement (Mesa Air Group Inc)
Attorneys’ Fees. If any legal action or other legal proceeding relating to this Agreement any of the Transactional Agreements or the enforcement of any provision of this Agreement any of the Transactional Agreements is brought against any party heretoto this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' ’ fees, costs and disbursements (in addition to any other relief to which the prevailing party may be entitled).
Appears in 11 contracts
Samples: Asset Purchase Agreement (Biolase Technology Inc), Contribution Agreement (Jazz Semiconductor Inc), Asset Purchase Agreement (Shaman Pharmaceuticals Inc)
Attorneys’ Fees. If any action or proceeding Legal Proceeding relating to this Agreement or the enforcement of any provision of this Agreement is brought against any party hereto, the prevailing party shall be entitled to recover reasonable attorneys' fees, costs and disbursements (in addition to any other relief to which the prevailing party may be entitled).
Appears in 11 contracts
Samples: Stock Purchase Agreement (Silicon Graphics International Corp), Merger Agreement (Newlink Genetics Corp), Share Purchase Agreement (Siebel Systems Inc)
Attorneys’ Fees. If In any action or proceeding litigation relating to this Agreement Agreement, including litigation with respect to any supplement, modification or the enforcement of any provision waiver of this Agreement is brought against or any party heretoof its provisions, the prevailing party shall be entitled to recover its costs and reasonable attorneys' fees, costs and disbursements (in addition to any other relief to which the prevailing party may be entitled).
Appears in 11 contracts
Samples: Noncompetition Agreement (Newpark Resources Inc), Noncompetition Agreement (U S Liquids Inc), Noncompetition Agreement (Newpark Resources Inc)
Attorneys’ Fees. If In any action or proceeding relating brought to this Agreement or the enforcement of enforce any provision of this Agreement Agreement, or where any provision hereof is brought against any party heretovalidly asserted as a defense, the prevailing party shall be entitled to recover reasonable attorneys' fees, costs ’ fees and disbursements (expenses from the non-prevailing party in addition to any other relief to which the prevailing party may be entitled)available remedy.
Appears in 11 contracts
Samples: Limited Liability Company Agreement (Walgreens Boots Alliance, Inc.), Limited Liability Company Agreement (Walgreens Boots Alliance, Inc.), Limited Liability Company Agreement (Walgreens Boots Alliance, Inc.)
Attorneys’ Fees. If any action or proceeding relating to this Agreement or the enforcement of any provision of this Agreement is brought against any party Party hereto, the prevailing party Party shall be entitled to recover reasonable attorneys' ’ fees, costs and disbursements (in addition to any other relief to which the prevailing party may be entitled).
Appears in 11 contracts
Samples: Merger Agreement (Super League Gaming, Inc.), Merger Agreement (Bluephoenix Solutions LTD), Merger Agreement (Bluephoenix Solutions LTD)
Attorneys’ Fees. If any legal action or other legal proceeding relating to this Agreement or the enforcement of any provision of this Agreement is brought against any party hereto, the prevailing party shall be entitled to recover reasonable attorneys' ’ fees, costs and disbursements (in addition to any other relief to which the prevailing party may be entitled).
Appears in 10 contracts
Samples: Voting and Support Agreement (Vector Capital V, L.P.), Voting and Support Agreement (Cornerstone OnDemand Inc), Voting and Support Agreement (SharpSpring, Inc.)
Attorneys’ Fees. If In any action or proceeding relating brought to this Agreement or the enforcement of enforce any provision of this Agreement is brought against any party heretoAgreement, the prevailing party successful Party shall be entitled to recover reasonable attorneys' fees, costs attorney’s fees and disbursements (expenses in addition to any other relief to which the prevailing party may be entitled)available remedy.
Appears in 10 contracts
Samples: Shareholders Agreement (Ortho Clinical Diagnostics Holdings PLC), Shareholders Agreement (Ortho Clinical Diagnostics Holdings PLC), Stockholders Agreement (Booz Allen Hamilton Holding Corp)
Attorneys’ Fees. If any action or proceeding relating to this Agreement Agreement, or the enforcement of any provision of this Agreement is brought by a party hereto against any party hereto, the prevailing party shall be entitled to recover reasonable attorneys' fees, costs and disbursements (in addition to any other relief to which the prevailing party may be entitled).
Appears in 9 contracts
Samples: Merger Agreement (JUVA LIFE INC./Canada), Merger Agreement (Apotheca Biosciences, Inc.), Share Exchange Agreement (Avant Diagnostics, Inc)
Attorneys’ Fees. If any action or proceeding Legal Proceeding relating to this Voting Agreement or the enforcement of any provision of this Voting Agreement is brought against any party heretoStockholder, the prevailing party shall be entitled to recover reasonable attorneys' ’ fees, costs and disbursements (in addition to any other relief to which the prevailing party may be entitled).
Appears in 9 contracts
Samples: Voting Agreement (Symyx Technologies Inc), Voting Agreement (Opnext Inc), Voting Agreement (Oclaro, Inc.)
Attorneys’ Fees. If any action or proceeding relating to this Agreement or the enforcement of any provision of this Agreement Assignment is brought by either party hereto against any party heretothe other party, the prevailing party shall be entitled to recover reasonable attorneys' fees, costs and disbursements (in addition to any other relief to which the prevailing party may be entitled)disbursements.
Appears in 9 contracts
Samples: Loan Agreement (Tut Systems Inc), Loan and Security Agreement (Graphix Zone Inc/De), Collateral Assignment, Patent Mortgage and Security Agreement (Stormedia Inc)
Attorneys’ Fees. If In any action or proceeding relating to this Agreement construe or the enforcement of enforce any provision of this the Agreement is brought against any party hereto, the prevailing party shall be entitled to recover its or his reasonable attorneys' fees, ’ fees and other costs and disbursements (of suit in addition to any other relief to which the prevailing party may be entitled)recoveries.
Appears in 9 contracts
Samples: Employment Agreement (Rxi Pharmaceuticals Corp), Employment Agreement (Rxi Pharmaceuticals Corp), Employment Agreement (Rxi Pharmaceuticals Corp)
Attorneys’ Fees. If any action or proceeding relating to this Agreement or is brought for the enforcement of this agreement, or because of a dispute in connection with any provision of this Agreement is brought against any party heretoits provisions, the prevailing party shall be is entitled to recover reasonable outside attorneys' fees’ fees and other costs incurred in the proceeding, costs and disbursements (in addition to any other relief to which the prevailing party it may be entitled).
Appears in 9 contracts
Samples: Term Purchase Agreement, Purchase Agreement, NFT Purchase Agreement
Attorneys’ Fees. If In any action or proceeding relating brought to enforce this Agreement or because of the enforcement breach by any Party of any provision of this Agreement is brought against any party heretocovenant or condition herein contained, the prevailing party Party shall be entitled to recover reasonable attorneys' fees, costs and disbursements ’ fees (including reasonably allocated fees of in-house counsel) in addition to court costs and any and all other relief to which the prevailing party may be entitled).costs recoverable in said action.
Appears in 9 contracts
Samples: Renewable Power Purchase Agreement, Power Purchase Agreement, Power Purchase Agreement
Attorneys’ Fees. If any action or proceeding relating to this Agreement or the enforcement of any provision of this Agreement is brought by either party hereto against any party heretothe other party, the prevailing party shall be entitled to recover reasonable attorneys' attorneys fees, costs and disbursements (in addition to any other relief to which the prevailing party may be entitled)disbursements.
Appears in 9 contracts
Samples: Business Loan Agreement (Monterey Gourmet Foods), Intellectual Property Security Agreement (Matrixx Initiatives Inc), Intellectual Property Security Agreement (Matrixx Initiatives Inc)
Attorneys’ Fees. If any legal action or other legal proceeding relating to this Noncompetition Agreement or the enforcement of any provision of this Noncompetition Agreement is brought against any party heretoStockholder, the prevailing party shall be entitled to recover reasonable attorneys' fees, costs and disbursements (in addition to any other relief to which the prevailing party may be entitled).
Appears in 8 contracts
Samples: Noncompetition Agreement, Noncompetition Agreement (Adobe Systems Inc), Noncompetition Agreement (Adobe Systems Inc)
Attorneys’ Fees. If any legal action or other legal proceeding relating to this Agreement or the enforcement of any provision of this Agreement is brought against any party heretoShareholder, the prevailing party shall be entitled to recover reasonable attorneys' fees, costs and disbursements (in addition to any other relief to which the prevailing party may be entitled).
Appears in 8 contracts
Samples: Voting Agreement (Nvidia Corp/Ca), Voting Agreement (Siebel Systems Inc), Voting Agreement (Scopus Technology Inc)
Attorneys’ Fees. If any either party brings an action or proceeding relating seeks to this Agreement enforce or interpret any of the enforcement of any provision terms or provisions of this Agreement is brought against any party heretoAgreement, the prevailing party shall be entitled to recover its reasonable attorneys' feesfees and costs, costs and disbursements (in addition to any other relief to which the prevailing party remedy it may be entitled)awarded.
Appears in 8 contracts
Samples: Non Plan Non Statutory Stock Option Agreement (Axonyx Inc), Incentive Stock Option Agreement (Agouron Pharmaceuticals Inc), 1990 Non Statutory Stock Option Agreement (Agouron Pharmaceuticals Inc)
Attorneys’ Fees. If any action or proceeding Legal Proceeding relating to this Agreement or the enforcement of any provision of this Agreement is brought against any party heretoto this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' ’ fees, costs and disbursements (in addition to any other relief to which the prevailing party may be entitled).
Appears in 8 contracts
Samples: Stock Purchase Agreement, Share Purchase Agreement (Sorrento Therapeutics, Inc.), Stock Purchase Agreement (Sorrento Therapeutics, Inc.)
Attorneys’ Fees. If Should any action or other proceeding relating be necessary to enforce any of the provisions of this Agreement or the enforcement of any provision of this Agreement is brought against any party heretovarious transactions contemplated hereby, the prevailing party shall will be entitled to recover its actual reasonable attorneys' fees, costs ’ fees and disbursements (in addition to any other relief to which expenses from the non- prevailing party may be entitled)party.
Appears in 8 contracts
Samples: Management Services Agreement (Nv Reit LLC), Management Services Agreement, Management Agreement (New York Mortgage Trust Inc)
Attorneys’ Fees. If any action or proceeding Proceeding relating to this Agreement or the enforcement of any provision of this Agreement is brought against any party hereto, the prevailing party shall be entitled to recover reasonable attorneys' fees, costs and disbursements (in addition to any other relief to which the prevailing party may be entitled).
Appears in 7 contracts
Samples: Stock Purchase Agreement (Turcotte William Ii), Agreement and Plan of Merger (Medinex Systems Inc), Merger Agreement (Netivation Com Inc)
Attorneys’ Fees. If any action or proceeding relating to this Agreement or In the enforcement event of any provision dispute between the parties arising out of this Agreement is brought against any party heretoAgreement, the prevailing party Party shall be entitled to recover reasonable attorneys' feesentitled, costs and disbursements (in addition to any other relief rights and remedies it may have, to which the prevailing party may be entitled)recover its reasonable attorneys’ fees and costs.
Appears in 7 contracts
Samples: Intellectual Property License Agreement (Lexaria Bioscience Corp.), Intellectual Property License Agreement (Lexaria Bioscience Corp.), Intellectual Property License Agreement (Lexaria Bioscience Corp.)
Attorneys’ Fees. If Should any action or other proceeding relating be necessary to enforce any of the provisions of this Agreement or the enforcement of any provision of this Agreement is brought against any party heretovarious transactions contemplated hereby, the prevailing party shall will be entitled to recover its actual reasonable attorneys' fees, costs fees and disbursements (in addition to any other relief to which expenses from the non-prevailing party may be entitled)party.
Appears in 7 contracts
Samples: Management Agreement (Hanover Capital Mortgage Holdings Inc), Management Agreement (Amresco Capital Trust), Advisory Agreement (Bull Street Real Estate Investment Trust Inc)
Attorneys’ Fees. If any party shall commence any action or proceeding relating against the other in order to enforce the provisions of this Agreement Agreement, or to recover damages as the enforcement result of the alleged breach of any provision of the provisions of this Agreement is brought against any party heretoAgreement, the prevailing party therein shall be entitled to recover all reasonable costs incurred in connection therewith against the party commencing such action or the party who has breached this Agreement, as the case may be, including reasonable attorneys' ’ fees, costs and disbursements (in addition to any other relief to which the prevailing party may be entitled).
Appears in 7 contracts
Samples: Mutual Confidential Disclosure Agreement, Executive Employment Agreement (Sun Energy Solar Inc), Executive Employment Agreement (Sun Energy Solar Inc)
Attorneys’ Fees. If any party to this Agreement brings an action or proceeding relating to directly or indirectly based upon this Agreement or the enforcement of any provision of this Agreement is brought matters contemplated hereby against any party heretoanother party, the prevailing party shall be entitled to recover reasonable attorneys' feesrecover, costs and disbursements (in addition to any other relief to which the prevailing party may be entitled)appropriate amounts, its reasonable costs and expenses in connection with such action or proceeding, including, but not limited to, reasonable attorneys’ fees and court costs.
Appears in 7 contracts
Samples: Consulting Agreement (SilverSun Technologies, Inc.), Consulting Agreement (SilverSun Technologies, Inc.), Consulting Agreement (Winwin Gaming Inc)
Attorneys’ Fees. If any action or proceeding relating to this Agreement or the enforcement of any provision of this Agreement is brought against any party Party hereto, the prevailing party Party shall be entitled to recover reasonable attorneys' ’ fees, costs and disbursements (in addition to any other relief to which the prevailing party Party may be entitled).
Appears in 7 contracts
Samples: Asset Purchase Agreement, Merger Agreement, Merger Agreement (theMaven, Inc.)
Attorneys’ Fees. If any legal action or other legal proceeding --------------- relating to this Agreement or the enforcement of any provision of this Agreement is brought against any party heretoStockholder, the prevailing party shall be entitled to recover reasonable attorneys' fees, costs and disbursements (in addition to any other relief to which the prevailing party may be entitled).
Appears in 7 contracts
Samples: Tender Agreement (Guest Supply Inc), Tender Agreement (Guest Supply Inc), Tender Agreement (Guest Supply Inc)
Attorneys’ Fees. If any legal proceeding or other action or proceeding relating to this Agreement or the enforcement of any provision of this Agreement is brought against any party heretoor otherwise initiated, the prevailing party Party shall be entitled to recover reasonable attorneys' attorney’s fees, costs and disbursements (in addition to any other relief to which the prevailing party Party may be entitled).
Appears in 7 contracts
Samples: Asset Purchase Agreement (Zogenix, Inc.), Asset Purchase Agreement (Zogenix, Inc.), Asset Purchase Agreement (Trestle Holdings Inc)
Attorneys’ Fees. If any legal action or other legal proceeding relating to this Voting Agreement or the enforcement of any provision of this Voting Agreement is brought against any party heretoShareholder, the prevailing party shall be entitled to recover reasonable attorneys' fees, costs and disbursements (in addition to any other relief to which the prevailing party may be entitled).
Appears in 7 contracts
Samples: Voting Agreement (Titan Corp), Asset Purchase Agreement (Aptimus Inc), Voting Agreement (Interlinq Software Corp)
Attorneys’ Fees. If In the event of any action judicial or other adversarial proceeding relating to between the parties concerning this Agreement or the enforcement of any provision of this Agreement is brought against any party heretoother Loan Documents, the prevailing party shall be entitled to recover its reasonable attorneys' fees, ’ fees and other costs and disbursements (in addition to any other relief to which the prevailing party it may be entitled).
Appears in 7 contracts
Samples: Loan Agreement (Summit Hotel OP, LP), Loan Agreement (Summit Hotel OP, LP), Loan Agreement (Summit Hotel OP, LP)
Attorneys’ Fees. If any action action, claim, suit or proceeding relating to this Agreement or any of the Related Agreements or the enforcement of any provision of this Agreement thereof is brought against any party heretoparty, the prevailing party shall be entitled to recover reasonable attorneys' ’ fees, costs and disbursements (disbursements, in addition to any other relief to which the prevailing party may be entitled).
Appears in 7 contracts
Samples: Agreement and Plan of Merger (AVG Technologies N.V.), Merger Agreement (Matinas BioPharma Holdings, Inc.), Merger Agreement (Amicus Therapeutics Inc)
Attorneys’ Fees. If In any action or proceeding relating brought to this Agreement --------------- enforce or the enforcement of interpret any provision of this Agreement is brought against any party heretoAgreement, the prevailing party shall will be entitled to recover reasonable attorneys' fees, costs and disbursements (fees in addition to any other relief to which the prevailing party may be entitled)available remedy.
Appears in 6 contracts
Samples: Employment Agreement (Daou Systems Inc), Employment Agreement (Daou Systems Inc), Restricted Stock Purchase Agreement (Daou Systems Inc)
Attorneys’ Fees. If In the event of any action judicial or other adversarial proceeding relating to between the parties concerning this Agreement or the enforcement of any provision of this Agreement is brought against any party heretoother Loan Documents, the prevailing party shall be entitled to recover its reasonable attorneys' fees, fees and other costs and disbursements (in addition to any other relief to which the prevailing party it may be entitled).
Appears in 6 contracts
Samples: Loan Agreement (Good Times Restaurants Inc), Loan Agreement (Alon USA Energy, Inc.), Equipment Loan and Security Agreement (Alon USA Energy, Inc.)
Attorneys’ Fees. If any action or other proceeding relating to this Agreement or the enforcement of any provision of this Agreement is brought against by any party hereto, the prevailing party shall be entitled to recover reasonable attorneys' attorney’s fees, costs and disbursements (in addition to any other relief to which the prevailing party may be entitled).
Appears in 6 contracts
Samples: Merger Agreement (Biosphere Medical Inc), Merger Agreement (Merit Medical Systems Inc), Merger Agreement (Vitalstream Holdings Inc)
Attorneys’ Fees. If any lawsuit or other action or proceeding relating to this Agreement or the enforcement of any provision of this Agreement is brought by either party hereto against any the other party hereto, the prevailing party shall be entitled to recover reasonable attorneys' ’ fees, costs and disbursements (in addition to any other relief to which the prevailing party may be entitled).
Appears in 6 contracts
Samples: Employment Agreement (Ants Software Inc), Employment Agreement (Ants Software Inc), Employment Agreement (Ants Software Inc)
Attorneys’ Fees. If any legal action or other legal proceeding relating to this Agreement or the enforcement of any provision of this Agreement is brought against any party heretoto this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' ’ fees, costs and disbursements (in addition to any other relief to which the prevailing party may be entitled).
Appears in 6 contracts
Samples: Escrow Agreement (Apricus Biosciences, Inc.), Stock Purchase Agreement (Heat Biologics, Inc.), Share Purchase Agreement (Procera Networks Inc)
Attorneys’ Fees. If In any action or proceeding relating to this Agreement construe or the enforcement of enforce any provision of this Agreement is brought against any party hereto, the prevailing party shall be entitled to recover its or his reasonable attorneys' fees, ’ fees and other costs and disbursements (of suit in addition to any other relief to which the prevailing party may be entitled)recoveries.
Appears in 6 contracts
Samples: Employment Agreement (Galena Biopharma, Inc.), Employment Agreement (Oxis International Inc), Employment Agreement (Oxis International Inc)
Attorneys’ Fees. If any action or proceeding relating is brought to this Agreement or enforce the enforcement of any provision terms of this Agreement is brought against any party heretoAgreement, the prevailing party shall Party will be entitled to recover its reasonable attorneys' ’ fees, costs and disbursements (expenses from the other party, in addition to any other relief to which the prevailing party Party may be entitled).
Appears in 6 contracts
Samples: Transition Agreement, Separation Agreement, Executive Transition Agreement (Cloudera, Inc.)
Attorneys’ Fees. If any legal action or other legal proceeding relating to this Agreement or the enforcement of any provision of this Agreement is brought against any party heretoShareholder, the prevailing party shall be entitled to recover reasonable attorneys' ’ fees, costs and disbursements (in addition to any other relief to which the prevailing party may be entitled).
Appears in 6 contracts
Samples: Voting Agreement (Website Pros Inc), Voting Agreement (Kratos Defense & Security Solutions, Inc.), Voting Agreement (Sys)
Attorneys’ Fees. If The Parties agree that the prevailing Party in any action for enforcement, interpretation, or proceeding relating to this Agreement breach of or the enforcement of default under any provision of this Agreement is brought against any party hereto, the prevailing party shall be entitled to recover its reasonable attorneys' fees, costs ’ fees and disbursements (in addition to any other relief to which the prevailing party may be entitled)costs.
Appears in 6 contracts
Samples: Poe Certification Mark License Agreement, Poe Certification Mark License Agreement, Poe Certification Mark License Agreement
Attorneys’ Fees. If any legal action or other legal proceeding relating to this Noncompetition Agreement or the enforcement of any provision of this Noncompetition Agreement is brought against any party heretoExecutive, the prevailing party shall be entitled to recover reasonable attorneys' ’ fees, costs and disbursements (in addition to any other relief to which the prevailing party may be entitled).
Appears in 6 contracts
Samples: Executive Employment Agreement (KL Energy Corp), Consulting Agreement (KL Energy Corp), Executive Employment Agreement (KL Energy Corp)
Attorneys’ Fees. If any legal action or proceeding relating is necessary to this Agreement or enforce the enforcement of any provision terms of this Agreement is brought against any party heretoAgreement, the prevailing party shall be entitled to recover reasonable attorneys' feesrecover, costs and disbursements (in addition to any other relief amounts to which the prevailing party may be entitled), actual attorneys' fees, expert fees and court costs as may be awarded by the court.
Appears in 6 contracts
Samples: Consulting Agreement (Osicom Technologies Inc), Employment Agreement (Osicom Technologies Inc), Employment Agreement (Osicom Technologies Inc)
Attorneys’ Fees. If any action or proceeding relating is brought to this Agreement enforce or the enforcement of interpret any provision of this Agreement is brought against any party heretoAgreement, the prevailing party shall be entitled to recover as an element of its costs, and not its damages, reasonable attorneys' fees, costs and disbursements (in addition ’ fees to any other relief to which be fixed by the prevailing party may be entitled)court.
Appears in 6 contracts
Samples: Engagement Agreement (Trig Acquisition 1, Inc), Stock Issuance Agreement (Liberator, Inc.), Letter of Engagement (Tibet Pharmaceuticals, Inc.)
Attorneys’ Fees. If any a civil action or other proceeding relating to this Agreement or the enforcement of any provision of this Agreement is brought against any party heretoto enforce this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' attorney’s fees, costs costs, and disbursements (expenses incurred, in addition to any other relief to which the prevailing such party may be entitled).
Appears in 6 contracts
Samples: Severance Agreement (Merit Medical Systems Inc), Separation Agreement (Merit Medical Systems Inc), Separation Agreement (Home Diagnostics Inc)
Attorneys’ Fees. If any action at law or proceeding relating in equity is necessary to this Agreement or enforce the enforcement of any provision terms of this Agreement is brought against any party heretoAgreement, the prevailing party shall be entitled to recover its reasonable attorneys' ’ fees, costs and necessary disbursements (in addition to any other relief to which the prevailing that party may be entitled).
Appears in 6 contracts
Samples: Retention Bonus Recovery and Authorization for Payroll Deduction Agreement (Stewart Information Services Corp), Retention Bonus Recovery and Authorization for Payroll Deduction Agreement (Stewart Information Services Corp), Retention Bonus Recovery and Authorization for Payroll Deduction Agreement (Stewart Information Services Corp)
Attorneys’ Fees. If In any action to interpret or proceeding relating to this Agreement or enforce the enforcement of any provision terms of this Agreement is brought against any party heretoAgreement, the prevailing party Party shall be entitled to recover its costs, including reasonable attorneys' attorney's fees, costs and disbursements (in addition to any other relief to which the prevailing party such Party may be entitled).
Appears in 6 contracts
Samples: Separation Agreement (Lifevantage Corp), Separation Agreement (Lifevantage Corp), Separation Agreement (Lifevantage Corp)
Attorneys’ Fees. If any action at law or proceeding relating in equity is necessary to this Agreement enforce or interpret the enforcement of any provision terms of this Agreement is brought against any party heretoAgreement, the prevailing party shall be entitled to recover reasonable attorneys' attorney’s fees, costs and necessary disbursements (from the non-prevailing party in addition to any other relief to which the prevailing such party may be entitled).
Appears in 6 contracts
Samples: Employment Agreement (TOMI Environmental Solutions, Inc.), Employment Agreement (TOMI Environmental Solutions, Inc.), Employment Agreement (TOMI Environmental Solutions, Inc.)
Attorneys’ Fees. If In the event of any legal action or proceeding relating to this Agreement or the enforcement of any provision of this Agreement is brought against any party heretoAgreement, the prevailing party shall be entitled to recover reasonable its attorneys' fees, costs and disbursements (’ fees in addition to any other relief to which the prevailing party may be entitled)granted.
Appears in 6 contracts
Samples: Software License Agreement, Software License Agreement, Software License Agreement
Attorneys’ Fees. If any legal action or proceeding other Legal Proceeding relating to this Noncompetition Agreement or the enforcement of any provision of this Noncompetition Agreement is brought against any party hereto, the prevailing party shall be entitled to recover reasonable attorneys' ’ fees, costs and disbursements (in addition to any other relief to which the prevailing party may be entitled).
Appears in 6 contracts
Samples: Non Competition and Non Solicitation Agreement (Integrated Device Technology Inc), Non Competition and Non Solicitation Agreement (GigPeak, Inc.), Non Competition and Non Solicitation Agreement (Adobe Systems Inc)
Attorneys’ Fees. If any legal action or other legal proceeding (including arbitration) relating to the performance under this Agreement or the enforcement of any provision of this Agreement is brought against any party hereto, the substantially prevailing party shall be entitled to recover reasonable attorneys' fees, costs and disbursements (in addition to any other relief to which the prevailing party may be entitled).
Appears in 5 contracts
Samples: Authorized Reseller Agreement, Authorized Reseller Agreement, RSP Agreement
Attorneys’ Fees. If any action litigation is instituted to enforce or proceeding relating to interpret the provisions of this Agreement or the enforcement of any provision of this Agreement is brought against any party heretotransactions described herein, the prevailing party in such action shall be entitled to recover such party's reasonable attorneys' fees, fees and other costs and disbursements (in addition to any from the other relief to which the prevailing party may be entitled)hereto.
Appears in 5 contracts
Samples: Employment Agreement (Comfort Systems Usa Inc), Employment Agreement (Comfort Systems Usa Inc), Employment Agreement (Comfort Systems Usa Inc)
Attorneys’ Fees. If any action or proceeding relating to this Agreement or the enforcement of any provision of this Agreement is brought by either party hereto against any party heretothe other party, the prevailing party shall be entitled to recover reasonable attorneys' ’ fees, costs and disbursements (in addition to any other relief to which the prevailing party may be entitled)disbursements.
Appears in 5 contracts
Samples: Revolving Credit Agreement (Digirad Corp), Intellectual Property Security Agreement (Verenium Corp), All Assets Security Agreement (Sterling Mining CO)
Attorneys’ Fees. If any legal action or other legal proceeding relating to this Agreement or the enforcement of any provision of this Agreement is brought against any party heretoStockholder, the prevailing party shall be entitled to recover reasonable attorneys' ’ fees, costs and disbursements (in addition to any other relief to which the prevailing party may be entitled).
Appears in 5 contracts
Samples: Company Voting Agreement (Inhibitex, Inc.), Voting Agreement (Fermavir Pharmaceuticals, Inc.), Parent Voting Agreement (Inhibitex, Inc.)
Attorneys’ Fees. If any action or proceeding relating to this Agreement or In the enforcement event of any provision of judicial or other adversarial proceeding between the parties concerning this Agreement is brought against any party heretoAgreement, the prevailing party shall be entitled to recover its reasonable attorneys' fees, fees and other costs and disbursements (in addition to any other relief to which the prevailing party it may be entitled). References in this Agreement to the attorneys' fees and/or costs of a party shall mean both the reasonable fees and costs of independent outside counsel retained by such party with respect to this transaction and the reasonable fees and costs of the party's in-house counsel incurred in connection with this transaction.
Appears in 5 contracts
Samples: Revolving Line of Credit Loan Agreement (P F Changs China Bistro Inc), Revolving Line of Credit Loan Agreement (Lightfirst Inc), Revolving Line of Credit Loan Agreement (Lightfirst Inc)
Attorneys’ Fees. If The prevailing party in any action action, including arbitration, to enforce or proceeding relating to interpret this Agreement or the enforcement of any provision of this Agreement is brought against any party hereto, the prevailing party shall be entitled to recover reasonable attorneys' fees, costs and disbursements (fees in connection therewith, including reasonable attorneys’ fees in addition to any other relief to which the prevailing party may be entitled)remedies available at law or in equity.
Appears in 5 contracts
Samples: Master License and Support Agreement (Local Matters Inc.), Isx Master License and Support Agreement (Local Matters Inc.), Master License and Support Agreement (Local Matters Inc.)
Attorneys’ Fees. If any action or proceeding Legal Proceeding relating to this Agreement or the enforcement of any provision of this Agreement is brought against any party heretoto this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' ’ fees, costs and disbursements (in addition to any other relief to which the prevailing party may be entitled).
Appears in 5 contracts
Samples: Share Exchange Agreement (PV Nano Cell, Ltd.), Share Exchange Agreement (Motus GI Holdings, Inc.), Share Exchange Agreement (PV Nano Cell, Ltd.)
Attorneys’ Fees. If The prevailing party in any action litigation or other proceeding relating concerning or related to this Agreement Agreement, or the enforcement of any provision of this Agreement is brought against any party heretothereof, the prevailing party shall be entitled to recover its costs and reasonable attorneys' ’ fees, costs and disbursements (in addition to any other relief to which the prevailing party may be entitled).
Appears in 5 contracts
Samples: Infrastructure Coordination, Finance and Option Agreement (Global Water Resources, Inc.), Infrastructure Coordination and Finance Agreement (Global Water Resources, Inc.), Infrastructure Coordination and Finance Agreement (Global Water Resources, Inc.)
Attorneys’ Fees. If any action or proceeding relating to this Agreement or In the enforcement event of any provision of judicial or other adversarial proceeding between the parties concerning this Agreement is brought against any party heretoAgreement, the prevailing party shall be entitled to recover its reasonable attorneys' fees, ’ fees and other costs and disbursements (in addition to any other relief to which the prevailing party it may be entitled).
Appears in 5 contracts
Samples: Remote Deposit Capture Agreement, Remote Deposit Capture Agreement, Remote Deposit Capture Agreement
Attorneys’ Fees. If any action or proceeding Proceeding relating to this Agreement any of the Transactional Agreements or the enforcement of any provision of this Agreement any of the Transactional Agreements is brought against any party heretoto this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' ’ fees, costs and disbursements (in addition to any other relief to which the prevailing party may be entitled).
Appears in 5 contracts
Samples: Asset Purchase Agreement (Flir Systems Inc), Asset Contribution Agreement (Geron Corp), Asset Contribution Agreement (Biotime Inc)
Attorneys’ Fees. If any action or proceeding relating to this Agreement or is brought for the enforcement of this Settlement Agreement or in connection with any provision dispute arising out of it or the claims which are the subject of this Agreement is brought against any party heretoSettlement Agreement, the prevailing party Party shall be entitled to recover reasonable attorneys' fees, fees and any other costs and disbursements (incurred in such litigation in addition to any other relief to which the prevailing party Party may be entitled).
Appears in 5 contracts
Samples: Settlement Agreement (Victory Energy Corp), Settlement Agreement (Victory Energy Corp), Settlement Agreement (Victory Energy Corp)
Attorneys’ Fees. If any action or proceeding relating to this Agreement or the enforcement of any provision of this Agreement is brought against any party hereto, the prevailing party shall be entitled to recover reasonable attorneys' attorney's fees, costs and disbursements (in addition to any other relief to which the prevailing party may be entitled).
Appears in 5 contracts
Samples: Reorganization Agreement (Murdock Communications Corp), Merger Agreement (Bea Systems Inc), Management Agreement (Everlert Inc)
Attorneys’ Fees. If any action or proceeding relating is instituted to this Agreement enforce or the enforcement of interpret any provision of this Agreement is brought against any party heretoAgreement, the prevailing party Party therein shall be entitled to recover reasonable its attorneys' fees, ’ fees and costs and disbursements (in addition to any other relief to which from the prevailing party may be entitled)losing Party.
Appears in 5 contracts
Samples: Purchase and Sale Agreement, Purchase and Sale Agreement, Purchase and Sale Agreement
Attorneys’ Fees. If any action or proceeding relating party hereto commences proceedings to this Agreement or enforce the enforcement of any provision terms of this Agreement is brought against any Agreement, then the party hereto, the prevailing party that prevails in such proceedings shall be entitled to recover its reasonable costs, including actual attorneys' ’ fees, costs and disbursements (in addition to any other relief to which from the prevailing party may be entitled)other.
Appears in 5 contracts
Samples: Plan and Agreement of Reorganization, Plan and Agreement of Reorganization (Port of Call Online Inc.), Plan and Agreement of Reorganization (Port of Call Online Inc.)
Attorneys’ Fees. If any action or legal proceeding relating to this Voting Agreement or the enforcement of any provision of this Voting Agreement is brought against any party heretoStockholder, the prevailing party shall be entitled to recover reasonable attorneys' ’ fees, costs and disbursements (in addition to any other relief to which the prevailing party may be entitled).
Appears in 5 contracts
Samples: Voting Agreement (Azur Pharma LTD), Voting Agreement (Azur Pharma LTD), Voting Agreement (Azur Pharma LTD)
Attorneys’ Fees. If any action suit, action, or proceeding relating is brought to this Agreement enforce any term or the enforcement of any provision of this Agreement is brought against any party heretoAgreement, the prevailing party shall be entitled to recover reasonable attorneys' ’ fees, costs costs, and disbursements (expenses incurred, in addition to any other relief to which the prevailing such party may be legally entitled).
Appears in 5 contracts
Samples: Separation and Release Agreement (Edgar Filingnet Inc), Stock Purchase Agreement (Tarantella Inc), Separation and Release Agreement (Edgar Filingnet Inc)
Attorneys’ Fees. If any legal action or other legal proceeding relating to this Agreement any of the Transactional Agreements or the enforcement of any provision of this Agreement any of the Transactional Agreements is brought against any party hereto, the prevailing party shall be entitled to recover reasonable attorneys' ’ fees, costs and disbursements (in addition to any other relief to which the prevailing party may be entitled).
Appears in 5 contracts
Samples: Stock Purchase Agreement (Aclaris Therapeutics, Inc.), Merger Agreement (Netscout Systems Inc), Merger Agreement (Edgewater Technology Inc/De/)
Attorneys’ Fees. If any legal action or other legal proceeding relating to this Agreement or the enforcement of any provision of this Agreement is brought against any party hereto, the prevailing party shall be entitled to recover reasonable attorneys' fees, costs and disbursements (in addition to any other relief to which the prevailing party may be entitled).
Appears in 4 contracts
Samples: Asset Purchase Agreement (San Holdings Inc), Lock Up Agreement (Embarcadero Technologies Inc), Stock Purchase Agreement (Quantum Corp /De/)
Attorneys’ Fees. If any action or proceeding Legal Proceeding relating to this Agreement or the enforcement of any provision of this Agreement is brought against any party heretoStockholder, the prevailing party shall be entitled to recover reasonable attorneys' ’ fees, costs and disbursements (in addition to any other relief to which the prevailing party may be entitled).
Appears in 4 contracts
Samples: Voting Agreement (TorreyPines Therapeutics, Inc.), Voting Agreement (Raptor Pharmaceuticals Corp.), Voting Agreement (Raptor Pharmaceuticals Corp.)
