Attorneys’ Fees. In the event that litigation is brought by any party in connection with this Agreement, the prevailing party shall be entitled to recover from the opposing party all costs and expenses, including reasonable attorneys’ fees, incurred by the prevailing party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions, or provisions hereof.
Appears in 64 contracts
Samples: Maintenance Services Agreement, Professional Services Agreement, Professional Services
Attorneys’ Fees. In the event that of any actual litigation is brought by any party between the parties in connection with this Agreement, the party prevailing party in such action shall be entitled to recover from the opposing other party all of its costs and expensesfees, including reasonable attorneys’ fees, incurred which shall be determined by the prevailing party in court and not by the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions, or provisions hereofjury.
Appears in 41 contracts
Samples: Development and Disposition Agreement, Development Agreement, Development Agreement
Attorneys’ Fees. In any litigation, arbitration or court proceeding between the event that litigation is brought by any party in connection parties with this respect to the Agreement, the prevailing party shall be entitled to recover from the opposing party recover, in addition to any other amounts awarded, attorneys’ fees and all costs and expenses, including reasonable attorneys’ fees, of proceedings incurred by in enforcing the prevailing party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions, or provisions hereofAgreement.
Appears in 29 contracts
Samples: Master Purchase Agreement, Master Purchase Agreement, Master Purchase Agreement
Attorneys’ Fees. In the event that of litigation is brought by any party in connection with relating to this Agreement, the prevailing party Party shall be entitled to recover from the opposing party all costs and expenses, including reasonable attorneys’ fees, incurred by the prevailing party fees and costs of litigation in the exercise of any of its rights addition to all other remedies available at law or remedies hereunder or the enforcement of any of the terms, conditions, or provisions hereofin equity.
Appears in 28 contracts
Samples: Executive Employment Agreement (Education Realty Trust, Inc.), Executive Employment Agreement (Education Realty Trust, Inc.), Executive Employment Agreement (Education Realty Trust, Inc.)
Attorneys’ Fees. In the event that litigation is brought by of any party in connection with dispute or controversy arising out of or relating to this Agreement, the prevailing party shall be entitled to recover from the opposing other party all costs and expenses, including reasonable attorneys’ ' fees and accountants' fees, incurred by the prevailing party in the exercise of any of its rights connection with such dispute or remedies hereunder or the enforcement of any of the terms, conditions, or provisions hereofcontroversy.
Appears in 27 contracts
Samples: Restricted Stock Agreement (BMJ Medical Management Inc), Restricted Stock Agreement (BMJ Medical Management Inc), Restricted Stock Agreement (BMJ Medical Management Inc)
Attorneys’ Fees. In the event that litigation is brought by any party in connection with this Agreement, the The prevailing party shall be entitled to recover from the opposing losing party all its attorneys' fees and costs and expenses, including reasonable attorneys’ fees, incurred by the prevailing party in the exercise any action brought to enforce any right arising out of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions, or provisions hereofthis Agreement.
Appears in 27 contracts
Samples: Employment Agreement (GT Biopharma, Inc.), Employment Agreement (GT Biopharma, Inc.), Employment Agreement (GT Biopharma, Inc.)
Attorneys’ Fees. In The prevailing Party in any litigation arising out of the event that litigation is brought by any party in connection with this Agreement, the prevailing party shall Agreement will be entitled to recover the recovery of its reasonable attorney’s fees, court costs, and other litigation related costs and fees from the opposing party all costs and expenses, including reasonable attorneys’ fees, incurred by the prevailing party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions, or provisions hereofother Party.
Appears in 24 contracts
Samples: Vision Plan Agreement, Storm Drain Pump Maintenance and Repair Services Agreement, Maintenance and Repair Agreement
Attorneys’ Fees. In the event that litigation is brought by any The prevailing party in connection with this Agreement, the prevailing party any suit or action hereunder shall be entitled to recover from the opposing losing party all costs and expensesincurred by it in enforcing the performance of, or protecting its rights under, any part of this Agreement, including reasonable costs of investigation and attorneys’ fees, incurred by the prevailing party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions, or provisions hereof.
Appears in 23 contracts
Samples: Stock Restriction Agreement (iLearningEngines, Inc.), Subscription Agreement (NDB Inc.), Stock Purchase Agreement (Treasure Global Inc)
Attorneys’ Fees. In the event that litigation If any action or proceeding is brought by any either party in connection with against the other pertaining to or arising out of this AgreementLease, the finally prevailing party shall be entitled to recover from the opposing party all costs and expenses, including reasonable attorneys’ ' fees, incurred by the prevailing party in the exercise on account of any of its rights such action or remedies hereunder or the enforcement of any of the terms, conditions, or provisions hereofproceeding.
Appears in 23 contracts
Samples: Lease Agreement (Air Methods Corp), Lease Agreement (Probusiness Services Inc), Office Building Lease (Proflight Medical Response Inc)
Attorneys’ Fees. In any action in connection with the event that litigation is preservation of the rights of any party hereto or the enforcement of or the breach or threatened breach of any term or covenant of this Agreement brought by any party in connection with this Agreementparty, the prevailing party hereunder shall be entitled to recover from the opposing other party all costs and expenses, including reasonable attorneys’ fees, ' fees and expenses incurred by the prevailing party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions, or provisions hereofconnection with such action.
Appears in 17 contracts
Samples: Board of Directors Agreement (Casey Container Corp), Board of Directors Agreement (Casey Container Corp), Board of Directors Agreement (Green Globe International, Inc.)
Attorneys’ Fees. In the event that litigation is brought by any The prevailing party in connection with any suit or other proceeding brought to enforce, interpret or apply any provisions of this Agreement, the prevailing party shall be entitled to recover from the opposing party all costs and expensesexpenses (not limited to court costs and including, including reasonable without limitation, all attorneys’ fees, ) it incurred by in connection with the prevailing party in proceeding and the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions, or provisions hereofunderlying dispute.
Appears in 16 contracts
Samples: Employment Agreement (Job Aire Group Inc.), Employment Agreement (Job Aire Group Inc.), Employment Agreement (Job Aire Group Inc.)
Attorneys’ Fees. In any litigation between the event that litigation is brought by any party in connection with parties hereto arising out of this Agreement, the prevailing party shall be entitled to recover from the opposing party all fees and costs and expensesincurred in such litigation, including reasonable attorneys’ attorney's fees, incurred by the prevailing party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions, or provisions hereofthrough appeals.
Appears in 16 contracts
Samples: Construction Manager Agreement, Construction Management Agreement, Construction Management Agreement
Attorneys’ Fees. In the event that litigation If any suit or action arising out of or related to this Agreement is brought by any party in connection with this AgreementParty to any such document, the prevailing party Party shall be entitled to recover from the opposing party all costs and expensesfees (including without limitation reasonable attorneys' fees and costs of experts and consultants, copying, courier and telecommunication costs, and deposition costs and all other costs of discovery) incurred by such Party in such suit or action, including reasonable attorneys’ fees, incurred by the prevailing party in the exercise of without limitation to any of its rights post-trial or remedies hereunder or the enforcement of any of the terms, conditions, or provisions hereofappellate proceeding.
Appears in 16 contracts
Samples: Limited Partnership Agreement (WNC Housing Tax Credit Fund Vi Lp Series 12), Limited Partnership Agreement (WNC Housing Tax Credit Fund VI, L.P., Series 13), Limited Partnership Agreement (WNC Housing Tax Credit Fund VI, L.P., Series 13)
Attorneys’ Fees. In the event that litigation is brought by any party in connection with any litigation or a court proceeding arising out of this Option Agreement, the prevailing party shall be entitled to recover from the opposing party all costs and expensesincurred, including reasonable attorneys’ feesfees and legal assistants’ fees and costs whether incurred prior to trial, incurred by the prevailing party in the exercise of any of its rights at trial or remedies hereunder or the enforcement of any of the terms, conditions, or provisions hereofon appeal.
Appears in 15 contracts
Samples: Option Agreement (Ashford Hospitality Trust Inc), Option Agreement (Ashford Hospitality Prime, Inc.), Option Agreement (Ashford Hospitality Prime, Inc.)
Attorneys’ Fees. In the event that of any litigation is brought by any party or other proceeding arising out of or in connection with this Agreement, the prevailing party or parties shall be entitled to recover its or their reasonable attorneys' fees and court costs from the opposing other party all costs and expenses, including reasonable attorneys’ fees, incurred by the prevailing party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions, or provisions hereofparties.
Appears in 15 contracts
Samples: Stock Purchase Agreement (August Project I Corp), Stock Purchase Agreement (Millennium Capital Venture Holdings Inc), Stock Purchase Agreement (Bio One Corp)
Attorneys’ Fees. In the event that of litigation is brought by for enforcement of the terms of this Agreement or to enforce any party in connection with this Agreementremedy hereunder, the prevailing party shall be entitled to recover from the opposing other party any and all costs and expenses, including reasonable attorneys’ attorney's fees, incurred by the prevailing party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions, or provisions hereofas may be incurred.
Appears in 14 contracts
Samples: Acquisition Agreement (Renewable Energy Resources Inc), Acquisition Agreement (Renewable Energy Resources Inc), Stock Purchase Agreement (Americhip International Inc)
Attorneys’ Fees. In the event that litigation is brought by any either party files a lawsuit in connection with this AgreementAgreement or any provisions contained herein, then the prevailing party that prevails in such action shall be entitled to recover from the opposing party non-prevailing party, in addition to all costs and expensesother remedies or damages as limited herein, including reasonable attorneys’ fees, ' fees and court costs incurred by the prevailing party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions, or provisions hereofsuch lawsuit.
Appears in 13 contracts
Samples: Real Estate Purchase Agreement, Real Estate Purchase Agreement, Real Estate Purchase Agreement
Attorneys’ Fees. In the event that of any litigation is brought by any party in connection with relation to this Agreement, the prevailing party Party, in addition to all other sums to which such Party may be entitled, shall be further entitled to recover from the opposing party recovery of all costs and expensesof such litigation, including reasonable attorneys’ fees, incurred by the prevailing party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions, or provisions hereof.
Appears in 13 contracts
Samples: Employment Agreement (Dawson Geophysical Co), Employment Agreement (TGC Industries Inc), Employment Agreement (TGC Industries Inc)
Attorneys’ Fees. In the event that litigation is brought by If any party hereto initiates any legal action arising out of or in connection with this Agreement, the prevailing party shall be entitled to recover from the opposing other party all costs and expenses, including reasonable attorneys’ fees, expert witness fees and expenses incurred by the prevailing party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions, or provisions hereofconnection therewith.
Appears in 13 contracts
Samples: Stock Purchase Agreement (Innovative Micro Technology Inc), Preferred Stock Purchase Agreement (Innovative Micro Technology Inc), Warrant Agreement (Innovative Micro Technology Inc)
Attorneys’ Fees. In the event that litigation If any action or proceeding is brought by any either party in connection with against the other pertaining to or arising out of this AgreementLease, the finally prevailing party shall be entitled to recover from the opposing party all costs and expenses, including reasonable attorneys’ fees, incurred by the prevailing party in the exercise on account of any of its rights such action or remedies hereunder or the enforcement of any of the terms, conditions, or provisions hereofproceeding.
Appears in 13 contracts
Samples: Office Building Lease, Office Lease (Arcadia Biosciences, Inc.), Office Building Lease (Avalara Inc)
Attorneys’ Fees. In the event that litigation any action or other legal proceeding is brought by to enforce any party in connection with provision of this Agreement, the prevailing party shall be entitled to recover from the opposing party all costs and expenses, including plus reasonable attorneys’ fees, incurred by fees from the non-prevailing party (including proceedings on appeal or in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions, or provisions hereofarbitration).
Appears in 13 contracts
Samples: Moorage License Agreement, Moorage License Agreement, Moorage License Agreement
Attorneys’ Fees. In the event that of any actual litigation is brought by any party between the parties in connection with this Agreement, the party prevailing party in such action shall be entitled to recover from the opposing other party all of its costs and expensesfees, including reasonable attorneys’ ' fees, incurred which shall be determined by the prevailing party in court and not by the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions, or provisions hereofjury.
Appears in 12 contracts
Samples: Development Agreement, Development Agreement, Development Agreement
Attorneys’ Fees. In the event that of any litigation is or other proceeding brought by any either party in connection with this Agreementhereunder, the prevailing party shall be entitled to recover from the opposing party all costs and expenses, including reasonable its attorneys’ fees, incurred by the prevailing party in the exercise fees and costs of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions, or provisions hereofsuit.
Appears in 11 contracts
Samples: Purchase and Sale Agreement (MedEquities Realty Trust, Inc.), Purchase and Sale Agreement (MedEquities Realty Trust, Inc.), Purchase Agreement (Carter Validus Mission Critical REIT II, Inc.)
Attorneys’ Fees. In the event that litigation is brought by any The prevailing party in connection with any suit or other proceeding brought to enforce, interpret or apply any provisions of this Agreement, the prevailing party shall be entitled to recover from the opposing party all costs and expensesexpenses of the proceeding and investigation (not limited to court costs), including reasonable all attorneys’ fees, incurred by the prevailing party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions, or provisions hereof.
Appears in 11 contracts
Samples: Employment Agreement (Catasys, Inc.), Employment Agreement (Catasys, Inc.), Employment Agreement (Hythiam Inc)
Attorneys’ Fees. In the event that litigation a lawsuit is brought instituted by any either party in connection with concerning a dispute under this Agreement, the prevailing party in such lawsuit shall be entitled to recover from the opposing losing party all costs and expenses, including reasonable attorneys’ fees, incurred by costs of suit and expenses (including the prevailing reasonable fees, costs and expenses of appeals), in addition to whatever damages or other relief the injured party is otherwise entitled to under law or equity in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions, or provisions hereofconnection with such dispute.
Appears in 10 contracts
Samples: Employment Separation Agreement (Ixia), Employment Separation Agreement, Employment Separation Agreement (Ixia)
Attorneys’ Fees. In the event that litigation is brought by any party in connection with any litigation or a court proceeding arising out of this Agreement, the prevailing party shall be entitled to recover from the opposing party all costs and expensesincurred, including reasonable attorneys’ feesfees and legal assistants’ fees and costs whether incurred prior to trial, incurred by the prevailing party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditionsat trial, or provisions hereofon appeal.
Appears in 10 contracts
Samples: Purchase Obligation Agreement (IPC Alternative Real Estate Income Trust, Inc.), Contribution Agreement (U-Store-It Trust), Contribution Agreement (Gc Net Lease Reit, Inc.)
Attorneys’ Fees. In the event that of any litigation is brought by any party in connection with between the Parties relative to this Agreement, the prevailing party Party shall be entitled to recover from the opposing party all costs and expenses, including its reasonable attorneys’ fees, incurred by the prevailing party fees and expenses in the exercise of any of its rights or addition to all legal and equitable remedies hereunder or the enforcement of any of the terms, conditions, or provisions hereofand damages.
Appears in 10 contracts
Samples: Purchase and Sale Agreement, Purchase and Sale Agreement, Purchase and Sale Agreement
Attorneys’ Fees. In the event that of litigation is brought by any party in connection between the parties with respect to this AgreementAgreement or the transaction contemplated hereby, the prevailing party therein shall be entitled to recover from the opposing losing party all of its costs of enforcement and expenseslitigation, including including, but not limited to, its reasonable attorneys’ and paralegal fees, incurred by the prevailing party in the exercise witness fees, court reporters’ fees and other costs of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions, or provisions hereofsuit.
Appears in 9 contracts
Samples: Real Estate Sale Agreement, Sale Agreement (Equity Commonwealth), Real Estate Sale Agreement (Equity Commonwealth)
Attorneys’ Fees. In the event that litigation is brought by of any party in connection with disputes arising hereunder --------------- concerning the interpretation or enforcement of this Agreement, the prevailing a party shall be entitled to recover from the opposing party all determined to be in breach its attorneys' fees, costs and expenses, including reasonable attorneys’ fees, incurred by the prevailing party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions, or provisions hereof.
Appears in 9 contracts
Samples: Warrant Agreement (Talton Invision Inc), Warrant Agreement (Talton Invision Inc), Warrant Agreement (Talton Invision Inc)
Attorneys’ Fees. In the event that litigation is case of a formal dispute hereunder brought by in any party in connection with this Agreementforum of competent jurisdiction, the prevailing party shall be entitled to recover from the opposing party non-prevailing party, all reasonable legal fees, and expense and costs and expensesincurred in connection with such dispute, including reasonable attorneys’ fees, incurred by the prevailing party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions, or provisions hereofappeal therefrom.
Appears in 8 contracts
Samples: Separation and Release Agreement (Osiris Therapeutics, Inc.), Employment Agreement (Osiris Therapeutics, Inc.), Employment Agreement (Osiris Therapeutics, Inc.)
Attorneys’ Fees. In the event that litigation is brought by any party suit, arbitration, legal action, proceeding, or dispute between the Parties arises in connection with this Agreement, the prevailing party Party shall be entitled to recover from the opposing party all costs expenses, costs, and expensesfees, including reasonable attorneys’ attorney’s fees, actually incurred by the prevailing party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions, or provisions hereofassociation with such action.
Appears in 8 contracts
Samples: Asset Purchase Agreement (Sydys Corp), Asset Purchase Agreement (Tristar Wellness Solutions, Inc.), Asset Purchase Agreement (InterCore Energy, Inc.)
Attorneys’ Fees. In the event that any litigation is brought by any either party in connection with this Agreement, the prevailing party shall in such litigation will be entitled to recover from the opposing other party all costs and expensesthe reasonable costs, including reasonable attorneys’ fees, fees and other expenses incurred by the such prevailing party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions, or provisions hereoflitigation.
Appears in 8 contracts
Samples: Terms of Use, Terms of Use, Terms of Use
Attorneys’ Fees. In the event that litigation is brought by either party hereunder institutes any party legal proceedings in connection with its rights or obligations under this Agreement, the prevailing party in such proceeding shall be entitled to recover from the opposing party other party, all costs and expensesincurred in connection with such proceeding, including reasonable attorneys’ fees, incurred by the prevailing party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions, or provisions hereoffees and costs.
Appears in 8 contracts
Samples: Medical Advisor Agreement, Medical Advisor Agreement (Nu-Med Plus, Inc.), Consulting Agreement (Nu-Med Plus, Inc.)
Attorneys’ Fees. In the event that litigation any suit or other legal proceeding is brought by for the enforcement of any party in connection with of the provisions of this Agreement, the Parties hereto agree that the prevailing party Party or Parties shall be entitled to recover from the opposing party all costs and expenses, including other Party or Parties upon final judgment on the merits reasonable attorneys’ fees, including attorneys’ fees for any appeal, and costs incurred by the prevailing party in the exercise of any of its rights bringing such suit or remedies hereunder or the enforcement of any of the terms, conditions, or provisions hereofproceeding.
Appears in 8 contracts
Samples: Share Exchange Agreement (Global Technologies LTD), Share Exchange Agreement (Bio Lab Naturals, Inc.), Share Exchange Agreement (Charge Enterprises, Inc.)
Attorneys’ Fees. In the event that litigation is brought by of any party in connection with proceeding arising out of or related to this Agreement, the prevailing party shall be entitled to recover from the opposing losing party all of its costs and expensesexpenses incurred in connection with such proceeding, including court costs and reasonable attorneys’ ' fees, incurred by the prevailing party in the exercise of any of its rights whether or remedies hereunder or the enforcement of any of the terms, conditions, or provisions hereofnot such proceeding is prosecuted to judgment.
Appears in 7 contracts
Samples: Stock Purchase Agreement (Bexil Corp), Stock Purchase Agreement (Bexil Corp), Stock Purchase Agreement (Bexil Corp)
Attorneys’ Fees. In the event that litigation is brought by of any party in connection with legal action relating to or arising out of this Agreement, the prevailing party shall be entitled to recover from the opposing losing party all its attorneys' fees and costs and expenses, including reasonable attorneys’ fees, incurred by the prevailing party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions, or provisions hereofthat action.
Appears in 7 contracts
Samples: Separation Agreement (Neophotonics Corp), Separation Agreement (Neophotonics Corp), Resignation Agreement (Quicklogic Corporation)
Attorneys’ Fees. In the event that litigation If any action or proceeding is brought by any either party in connection with against the other pertaining to or arising out of this AgreementLease, the finally prevailing party (i.e., the party that recovers the greater relief as a result of the action or proceeding) shall be entitled to recover from the opposing party all costs and expenses, including reasonable attorneys’ fees, incurred by the prevailing party in the exercise on account of any of its rights such action or remedies hereunder or the enforcement of any of the terms, conditions, or provisions hereofproceeding.
Appears in 7 contracts
Samples: Sublease (ConforMIS Inc), Sublease (ConforMIS Inc), Loan and Security Agreement (Hudson Pacific Properties, Inc.)
Attorneys’ Fees. In the event that litigation is brought by any party in connection with any litigation or a court --------------- proceeding arising out of this Contribution Agreement, the prevailing party shall be entitled to recover from the opposing party all costs and expensesincurred, including reasonable attorneys’ fees' fees and legal assistants' fees and costs whether incurred prior to trial, incurred by the prevailing party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditionsat trial, or provisions hereofon appeal.
Appears in 7 contracts
Samples: Contribution Agreement (Lasalle Hotel Properties), Omnibus Contribution Agreement (Lasalle Hotel Properties), Contribution Agreement (Lasalle Hotel Properties)
Attorneys’ Fees. In the event that litigation is brought of any conflict pertaining to the subject matter of this Agreement in addition to any remedies provided in this Agreement or by any party in connection with this Agreementapplicable law, the prevailing party shall will be entitled to recover from the opposing party all costs and expenses, including reasonable attorneys’ fees, expenses incurred by the prevailing party in the exercise defending itself or in enforcing its rights, including but not limited to, court costs, fees of any of its rights or remedies hereunder or the enforcement of any of the termsconsultants, conditions, or provisions hereofand reasonable attorneys’ fees.
Appears in 7 contracts
Samples: Treasury Management Services Agreement, Treasury Management Services Agreement, Treasury Management Services Agreement
Attorneys’ Fees. In the event that litigation is brought by any party dispute among the Parties should result in connection with this Agreementlitigation, the prevailing party in such dispute shall be entitled to recover from the opposing losing party all fees, costs and expensesexpenses of enforcing any right of such prevailing party under or with respect to this Agreement, including without limitation, such reasonable fees and expenses of attorneys’ , which shall include, without limitation, all fees, incurred by the prevailing party in the exercise costs and expenses of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions, or provisions hereofappeals.
Appears in 7 contracts
Samples: Merger Agreement (Humbl, Inc.), Membership Interest Purchase Agreement (Humbl, Inc.), Stock Purchase Agreement (Humbl, Inc.)
Attorneys’ Fees. In the event that litigation any suit or other legal proceeding is brought by for the enforcement of any party in connection with of the provisions of this Agreement, the Parties hereto agree that the prevailing party Party or Parties shall be entitled to recover from the opposing party all costs and expenses, including other Party or Parties upon final judgment on the merits reasonable attorneys’ feesfees (and sales taxes thereon, if any), including attorneys’ fees for any appeal, and costs incurred by the prevailing party in the exercise of any of its rights bringing such suit or remedies hereunder or the enforcement of any of the terms, conditions, or provisions hereofproceeding.
Appears in 7 contracts
Samples: Asset Purchase Agreement (American Picture House Corp), Asset Purchase Agreement (American Picture House Corp), Asset Purchase Agreement (American Picture House Corp)
Attorneys’ Fees. In the event that litigation is brought by any The prevailing party in connection with this Agreement, the prevailing party shall any suit or action hereunder will be entitled to recover from the opposing losing party all costs and expensesincurred by it in enforcing the performance of, or protecting its rights under, any part of this Agreement, including reasonable costs of investigation and attorneys’ fees, incurred by the prevailing party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions, or provisions hereof.
Appears in 7 contracts
Samples: Common Stock Purchase Agreement (Complete Solaria, Inc.), Common Stock Purchase Agreement (Complete Solaria, Inc.), Non Voting Common Stock Purchase Agreement (Longboard Pharmaceuticals, Inc.)
Attorneys’ Fees. In the event that litigation is brought by any party hereto initiates any legal action arising out of or in connection with this Agreement, the prevailing party shall be entitled to recover from the opposing other party all costs and expenses, including reasonable attorneys’ ' fees, expert witness fees and expenses incurred by the prevailing party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions, or provisions hereofconnection therewith.
Appears in 7 contracts
Samples: Asset Purchase Agreement (L 3 Communications Holdings Inc), Asset Purchase Agreement (L 3 Communications Holdings Inc), Asset Purchase Agreement (L 3 Communications Corp)
Attorneys’ Fees. In the event that litigation is brought by of any party in connection with dispute arising out of the subject matter of this Agreement, the prevailing party shall be entitled to recover from the opposing nonprevailing party all its costs and expenses, expenses (including reasonable attorneys’ ' fees, ) incurred by the prevailing party in the exercise of any of its rights arbitrating or remedies hereunder or the enforcement of any of the terms, conditions, or provisions hereofotherwise resolving such dispute.
Appears in 6 contracts
Samples: Employment Agreement (Intervisual Books Inc /Ca), Employment Agreement (Intervisual Books Inc /Ca), Employment Agreement (Intervisual Books Inc /Ca)
Attorneys’ Fees. In the event that litigation is brought by any party in connection with this Agreement, the The prevailing party shall be entitled to recover from the opposing losing party all is attorneys' fees and costs and expenses, including reasonable attorneys’ fees, incurred by the prevailing party in the exercise any action brought to enforce any right arising out of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions, or provisions hereofthis Agreement.
Appears in 6 contracts
Samples: Employment Agreement (Firstamerica Automotive Inc /De/), Employment Agreement (Firstamerica Automotive Inc /De/), Employment Agreement (Firstamerica Automotive Inc /De/)
Attorneys’ Fees. In the event that The prevailing party in any claim or litigation is brought by any party in connection with this Agreement, the prevailing party Agreement shall be entitled to recover from the opposing non-prevailing party all costs and expenses, including including, without limitation, the prevailing party’s reasonable attorneys’ fees, incurred by the prevailing party and paralegals’ fees and costs in the exercise of connection with any of its rights such claim or remedies hereunder or the enforcement of any of the terms, conditions, or provisions hereoflitigation.
Appears in 6 contracts
Samples: Advisory Board Agreement (BioLife4D Corp), Advisory Board Agreement (BioLife4D Corp), Advisory Board Agreement (BioLife4D Corp)
Attorneys’ Fees. In the event that litigation is brought by If any party initiates any legal action arising out of or in connection with this AgreementAgreement or any of the Other Agreements, the prevailing party in such legal action shall be entitled to recover from the opposing other party all costs and expenses, including reasonable attorneys’ ' fees, expert witness fees and expenses incurred by the prevailing party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions, or provisions hereofconnection therewith.
Appears in 6 contracts
Samples: Investment Agreement (Teltronics Inc), Purchase Agreement (Ifx Corp), Purchase Agreement (Ubs Capital Americas Iii Lp)
Attorneys’ Fees. In the event that litigation is brought by any party in connection with this Agreement, the The prevailing party shall will be entitled to recover from the opposing losing party all its attorneys' fees and costs and expenses(including expert witness fees) incurred in any arbitration, including reasonable attorneys’ fees, incurred by the prevailing party in the exercise lawsuit or other proceeding brought to enforce any right arising out of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions, or provisions hereofthis Agreement.
Appears in 6 contracts
Samples: Severance Agreement (Cepheid), Confidentiality Agreement (Intuit Inc), Confidentiality Agreement (Lexar Media Inc)
Attorneys’ Fees. In the event that any dispute between the Company and the Members or among the Members should result in litigation is brought by any party in connection with this Agreementor arbitration, the prevailing party shall in such dispute will be entitled to recover from the opposing other party all reasonable fees, costs and expensesexpenses of enforcing any right of the prevailing party, including including, without limitation, reasonable attorneys’ fees, incurred by the prevailing party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions, or provisions hereoffees and expenses.
Appears in 6 contracts
Samples: Operating Agreement (Savage Sports Holdings, Inc.), Operating Agreement (Savage Sports Holdings, Inc.), Limited Liability Company Agreement (Nevada Property 1 LLC)
Attorneys’ Fees. In the event that litigation is brought by any If either party files a lawsuit in connection with this Agreement, the prevailing party in such action shall be entitled to recover from the opposing party non-prevailing party, in addition to all costs and expensesother remedies or damages as limited herein, including reasonable attorneys’ fees, fees and costs of court incurred by the prevailing party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions, or provisions hereofsuch lawsuit.
Appears in 6 contracts
Samples: Purchase and Sale Agreement (Maple X, Inc.), Purchase and Sale Agreement (Maple X, Inc.), Purchase and Sale Agreement (Maple X, Inc.)
Attorneys’ Fees. In the event that any litigation is or other legal proceedings or alternative dispute resolution proceedings are brought by any party in connection with for the enforcement of or arise out of this Agreement, the prevailing party shall be entitled to recover from the opposing non-prevailing party all reasonable attorneys' fees and costs and all other reasonable expenses, including reasonable attorneys’ fees, incurred by the prevailing party in the exercise of addition to any of its rights other relief or remedies hereunder or the enforcement of any of the terms, conditions, or provisions hereofdamages obtained.
Appears in 6 contracts
Samples: Operating Agreement (Wellsford Residential Property Trust), Operating Agreement (Wellsford Residential Property Trust), Operating Agreement (Wellsford Real Properties Inc)
Attorneys’ Fees. In the event that either party hereto commences litigation is brought by any party in connection with this Agreementagainst the other to enforce such party's rights hereunder, the prevailing party shall be entitled to recover from the opposing party all costs costs, expenses and expensesfees, including reasonable attorneys’ ' fees, incurred by the prevailing party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions, or provisions hereof.
Appears in 6 contracts
Samples: Employment Agreement (Fittipaldi Logistics, Inc.), Employment Agreement (Power2ship Inc), Employment Agreement (NuSTATE ENERGY HOLDINGS, INC.)
Attorneys’ Fees. In the event that of any dispute or litigation is brought by or other proceeding between the parties with respect to any party in connection with provision of this Agreement or arising from the engagement contemplated under this Agreement, the prevailing party shall be entitled to recover from the opposing non-prevailing party any and all costs of the reasonable fees and expenses, including reasonable attorneys’ fees, incurred by disbursements of the prevailing party in party’s attorney to the exercise of any of its rights or remedies hereunder or the enforcement of any of the termsextent that they relate to such dispute, conditionslitigation, or provisions hereofother proceeding.
Appears in 6 contracts
Samples: Capital Markets Advisory Agreement (Cleantech Acquisition Corp.), Equity Offering Agreement (Ener-Core Inc.), Placement Agent Agreement (Mela Sciences, Inc. /Ny)
Attorneys’ Fees. In the event that of litigation is brought by any party in connection with relating to this Agreement, the prevailing party shall will be entitled to recover from the opposing party all costs and expenses, including reasonable attorneys’ feesfees and costs of litigation in addition to all other remedies available at law or in equity. For purposes of this Agreement, incurred by the prevailing party is the party in whose favor a judgment (or the arbitration equivalent), decree, final order or any kind of dismissal in rendered based on the most substantial claim or claims asserted in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions, or provisions hereofproceeding.
Appears in 6 contracts
Samples: Executive Employment Agreement (KORE Group Holdings, Inc.), Executive Employment Agreement (KORE Group Holdings, Inc.), Executive Employment Agreement (KORE Group Holdings, Inc.)
Attorneys’ Fees. In the event that litigation is brought by any party in connection with any litigation or a court proceeding arising out of this Agreement, the prevailing party shall be entitled to recover from the opposing party all costs and expensesincurred, including reasonable attorneys’ feesfees and legal assistants’ fees and costs whether incurred prior to trial, incurred by the prevailing party in the exercise of any of its rights at trial or remedies hereunder or the enforcement of any of the terms, conditions, or provisions hereofon appeal.
Appears in 6 contracts
Samples: Contribution Agreement (CaliberCos Inc.), Asset Purchase Agreement (Ashford Hospitality Prime, Inc.), Purchase and Sale Agreement (Ashford Hospitality Trust Inc)
Attorneys’ Fees. In the event that litigation is brought by any party shall bring an action or proceeding in connection with the performance, breach or interpretation of this Agreement, then the prevailing party in any such action or proceeding, as determined by the court, arbitrator or other body having jurisdiction, shall be entitled to recover from the opposing losing party all reasonable costs and expensesexpenses of such action or proceeding, including reasonable attorneys’ fees, incurred by the prevailing party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions, or provisions hereof' fees and court costs.
Appears in 6 contracts
Samples: Executive Employment Agreement (AVITA Medical, Inc.), Executive Employment Agreement (AVITA Medical, Inc.), Executive Employment Agreement (AVITA Medical, Inc.)
Attorneys’ Fees. In If any legal proceeding is instituted by either party to enforce the event that litigation is brought by any party in connection with terms of this AgreementAgreement or to determine the rights of the parties thereunder, the prevailing party shall be entitled to recover from the opposing party all costs and expenses, including reasonable attorneys’ fees, incurred by the prevailing party in the exercise of any of its rights proceeding shall recover, in addition to all court costs, reasonable attorneys' fees (including, without limitation, post-judgment attorneys’ fees incurred in collecting a judgment or remedies hereunder or otherwise enforcing the enforcement of any of the terms, conditions, or provisions hereofterms thereof).
Appears in 6 contracts
Samples: Grant Agreement, Grant Agreement, Grant Agreement
Attorneys’ Fees. In To the maximum extent permitted by law, in the event that of litigation is brought by any party in connection with relating to this Agreement, the prevailing party Party, shall be entitled to recover from the opposing party all costs and expenses, including reasonable attorneys’ fees, incurred by the prevailing party fees and costs of litigation in the exercise of any of its rights addition to all other remedies available at law or remedies hereunder or the enforcement of any of the terms, conditions, or provisions hereofin equity.
Appears in 5 contracts
Samples: Executive Employment Agreement (T Stamp Inc), Executive Employment Agreement (T Stamp Inc), Executive Employment Agreement (T Stamp Inc)
Attorneys’ Fees. In the event that litigation is brought by If any party shall institute any legal action or proceeding in connection with any Default or claim of Default under this Agreement, the prevailing party shall be entitled to recover from the opposing non-prevailing party all costs its reasonable fees and costs, including attorneys' fees and other reasonable expenses, including reasonable attorneys’ fees, incurred as fixed by the prevailing party court in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions, or provisions hereofdiscretion.
Appears in 5 contracts
Samples: Site Work, Development and Construction Agreement (Aladdin Gaming Enterprises Inc), Common Parking Area Use Agreement (Aladdin Capital Corp), Common Parking Area Use Agreement (Bh Re LLC)
Attorneys’ Fees. In the event that litigation is brought by of any party in connection with claim or dispute arising out of this Agreement, the prevailing party Party shall be entitled to recover from the opposing party all costs and expenses, including non-prevailing Party its reasonable attorneys’ feesfees and court costs, incurred by the prevailing party at all levels, including at trial, in the exercise of any of its rights or remedies hereunder or the enforcement of any of the termsarbitration, conditionson appeal, or provisions hereofin bankruptcy and in post-judgment proceedings.
Appears in 5 contracts
Samples: Professional Services, Continuing Professional Services Agreement, Professional Services
Attorneys’ Fees. In the event that of litigation is brought by any party in connection with or concerning the subject matter of this Agreement, the prevailing party shall be entitled to recover from the opposing party all costs and expensesexpenses of litigation incurred by it, including reasonable attorneys’ fees' fees and, incurred by the prevailing party in the exercise case of any the Company, reasonable compensation for the services of its rights or remedies hereunder or the enforcement of any of the terms, conditions, or provisions hereofinternal personnel.
Appears in 5 contracts
Samples: Executive Employment Agreement (Ap Holdings Inc), Executive Employment Agreement (Standard Parking Corp), Executive Employment Agreement (Apcoa Standard Parking Inc /De/)
Attorneys’ Fees. In the event that litigation is brought by any party in connection with any litigation arising out of this Agreement or to enforce any indemnification claim pursuant to this Agreement, the prevailing party shall be entitled to recover from the opposing nonprevailing party all costs and expenses, including its reasonable attorneys’ fees' fees and costs, incurred by the prevailing party in the exercise of any of its rights on appeal or remedies hereunder or the enforcement of any of the terms, conditions, or provisions hereofotherwise.
Appears in 5 contracts
Samples: Asset Purchase Agreement (Giant Industries Inc), Asset Purchase Agreement (Tesoro Petroleum Corp /New/), Asset Purchase Agreement (Kaneb Pipe Line Operating Partnership Lp)
Attorneys’ Fees. In the event that litigation is brought of the bringing of any action or suit by any party in connection with Party against any other Party arising out of this Agreement, the prevailing party Party in whose favor final judgment shall be entered shall be entitled to recover from the opposing party losing Party all costs and expensesexpenses of suit, including reasonable attorneys’ fees, incurred by the prevailing party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions, or provisions hereof.
Appears in 5 contracts
Samples: Joint Community Facilities Agreement, Joint Community Facilities Agreement, Joint Community Facilities Agreement
Attorneys’ Fees. In the event that litigation is brought by If any party in connection with hereto brings any judicial action or proceeding to enforce its rights under this Agreement, the prevailing party shall be entitled entitled, in addition to any other remedy, to recover from the opposing party others, regardless of whether such action or proceeding is prosecuted to judgment, all costs and expenses, including without limitation reasonable attorneys’ ' fees, incurred therein by the prevailing party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions, or provisions hereofparty.
Appears in 5 contracts
Samples: Construction Lien Indemnity Obligation Agreement (JCC Holding Co), Completion Loan Agreement (JCC Holding Co), Subordinated Loan Agreement (Windsor Woodmont Black Hawk Resort Corp)
Attorneys’ Fees. In any Legal Proceeding arising out of or relating to the event that litigation is brought by any party in connection with this AgreementTransaction Agreements, the prevailing party Party shall be entitled to recover from the opposing party all costs and expenses, including its reasonable attorneys’ fees, incurred by costs and necessary disbursements from the prevailing party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions, or provisions hereoflosing Party(ies).
Appears in 5 contracts
Samples: Plan of Merger and Securities Purchase Agreement (Valens Company, Inc.), Merger Agreement (Trulieve Cannabis Corp.), Merger Agreement (Trulieve Cannabis Corp.)
Attorneys’ Fees. In the event that litigation is brought by If any party hereto initiates any legal action arising out of or in connection with this Agreement, the prevailing party shall be entitled to recover from the opposing other party all costs and expenses, including reasonable attorneys’ ' fees, expert witness fees and expenses incurred by the prevailing party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions, or provisions hereofconnection therewith.
Appears in 5 contracts
Samples: Option Agreement (Clean Energy Fuels Corp.), Option Agreement (Clean Energy Fuels Corp.), Stock Purchase Agreement (L 3 Communications Corp)
Attorneys’ Fees. In the event that litigation is brought by of any party in connection with disputes arising --------------- hereunder concerning the interpretation or enforcement of this Agreement, the prevailing a party shall be entitled to recover from the opposing party all determined to be in breach its attorneys' fees, costs and expenses, including reasonable attorneys’ fees, incurred by the prevailing party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions, or provisions hereof.
Appears in 5 contracts
Samples: Warrant Agreement (Talton Invision Inc), Warrant Agreement (Talton Invision Inc), Warrant Agreement (Talton Invision Inc)
Attorneys’ Fees. In the event that litigation is brought by any The prevailing party in connection with any action or proceeding relating to this Agreement, the prevailing party Agreement shall be entitled to recover from the opposing party all costs and expensesnon-prevailing parties, including reasonable attorneys’ fees' fees and other costs incurred with or without trial, incurred by the in bankruptcy or on appeal, in addition to any other relief to which such prevailing party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions, or provisions hereofmay be entitled.
Appears in 5 contracts
Samples: Master Business Lease Financing Agreement (Eroom System Technologies Inc), Master Business Lease Financing Agreement (Eroom System Technologies Inc), Master Business Lease Financing Agreement (Eroom System Technologies Inc)
Attorneys’ Fees. In the event that litigation is brought by any party in connection with this Agreement, the The prevailing party shall be is entitled to recover from the opposing losing party all costs and expenses, including reasonable the prevailing party’s attorneys’ fees, fees and costs incurred by the prevailing party in the exercise of any of its rights arbitration or remedies hereunder other action with respect to any claim arising out or the enforcement of any of the terms, conditions, or provisions hereofrelating to this Agreement.
Appears in 5 contracts
Samples: Manufacturing Services Agreement, Manufacturing Services Agreement (Entropic Communications Inc), Manufacturing Services Agreement (Entropic Communications Inc)
Attorneys’ Fees. In the event that litigation is brought by any The prevailing party in connection with any litigation brought to interpret or enforce the terms and provisions of this Agreement, the prevailing party Agreement shall be entitled to recover recovery from the opposing non-prevailing party all its costs and expensesof litigation; including without limitation, including reasonable attorneys’ ' fees, incurred by the prevailing party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions, or provisions hereof.
Appears in 5 contracts
Samples: Redemption Agreement (Glowpoint, Inc.), Note Exchange Agreement (Glowpoint, Inc.), Stock Redemption Agreement (Concierge Technologies Inc)
Attorneys’ Fees. In the event that litigation is of any action or proceeding brought by any party in connection with either Member against the other under this Agreement, the prevailing party shall be entitled to recover from the opposing party all costs and expenses, including reasonable attorneys’ fees, incurred in such action and proceeding in such amount as the court may adjudge reasonable. The prevailing party shall be determined by the prevailing party court based upon an assessment of which party’s major arguments made or positions taken in the exercise of any of its rights proceedings could fairly be said to have prevailed over the other party’s major arguments or remedies hereunder or the enforcement of any of the terms, conditions, or provisions hereofpositions on major disputed issues.
Appears in 4 contracts
Samples: Limited Liability Company Agreement (DCT Chino LLC), Limited Liability Company Agreement (DCT Chino LLC), Limited Liability Company Agreement (DCT Chino LLC)
Attorneys’ Fees. In the event that litigation a lawsuit is brought instituted by any either party in connection with concerning a dispute under this Agreement, the prevailing party in such lawsuit shall be entitled to recover from the opposing losing party all reasonable attorneys' fees, costs of suit and expenses (including the reasonable fees, costs and expensesexpenses of appeals), including reasonable attorneys’ fees, incurred by in addition to whatever damages or other relief the prevailing injured party in the exercise of any of its rights is otherwise entitled to under law or remedies hereunder or the enforcement of any of the terms, conditions, or provisions hereofequity.
Appears in 4 contracts
Samples: Consulting Agreement (Day Runner Inc), Consulting Agreement (Tekelec), Consulting Agreement (Day Runner Inc)
Attorneys’ Fees. In the event that If any litigation is brought by concerning this letter agreement or the rights or duties of any party person in connection with this Agreementrelation thereto, the prevailing party in such litigation shall be entitled to recover from the opposing other party all costs and expenses, including reasonable attorneys’ fees, incurred by the ' fees and costs in such litigation in addition to any other relief to which such prevailing party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions, or provisions hereofmay be entitled.
Appears in 4 contracts
Samples: Acquisition Agreement (General Automation Inc), Debt Settlement Agreement (General Automation Inc), Acquisition Agreement (Boundless Corp)
Attorneys’ Fees. In the event that litigation is brought by any party in connection with this Agreement, the prevailing party shall be entitled to recover from the opposing party all costs and expenses, including reasonable attorneys’ ' fees, incurred by the prevailing party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions, or provisions hereof.
Appears in 4 contracts
Samples: Professional Services Agreement, Professional Services, Professional Services Agreement
Attorneys’ Fees. In the event that litigation If any lawsuit, judicial reference or arbitration is brought by any party in connection with commenced which arises out of or relates to this Agreement, the prevailing party shall be entitled to recover from each other party such sums as the opposing party all costs and expensescourt, including referee or arbitrator may adjudge to be reasonable attorneys’ fees, incurred including the costs for any legal services by the prevailing party in-house counsel, in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions, or provisions hereofaddition to costs and expenses otherwise allowed by law.
Appears in 4 contracts
Samples: Lease (Molecular Templates, Inc.), Lease (Threshold Pharmaceuticals Inc), Commercial Ground Lease (Palace Entertainment Holdings, Inc.)
Attorneys’ Fees. In the event that litigation is brought by any party in connection with any disputes or actions arising out of the transactions contemplated by this Agreement, or the breach, enforcement or interpretation of this Agreement, the prevailing party shall be entitled to recover recover, from the opposing party not prevailing, all reasonable out of pocket costs and expensesattorney, including reasonable attorneys’ fees, paralegal and expert fees incurred by the prevailing party before trial, at trial, at retrial, on appeal, at all hearings and rehearings, and in the exercise of any of its rights or remedies hereunder or the enforcement of any of the termsall administrative, conditions, or provisions hereofbankruptcy and reorganization proceedings.
Appears in 4 contracts
Samples: Assignment and Assumption of Agreement of Sale and Purchase (Physicians Realty Trust), Agreement of Sale and Purchase (Graymark Healthcare, Inc.), Agreement of Sale and Purchase (Physicians Realty Trust)
Attorneys’ Fees. In the event that any litigation is brought by any party in connection with instituted between the Parties arising out of or relating to this Agreement, the prevailing party Party in whose favor judgment shall be entered shall be entitled to have and recover from the opposing party non-prevailing Party all costs and expenses, expenses (including reasonable attorneys’ fees, fees and court costs) incurred by the prevailing party in the exercise of such action and any of its rights or remedies hereunder or the enforcement of any of the terms, conditions, or provisions hereofappeal therefrom.
Appears in 4 contracts
Samples: Purchase and Sale Agreement (Excel Trust, Inc.), Purchase and Sale Agreement (Pacific Office Properties Trust, Inc.), Purchase and Sale Agreement (Pacific Office Properties Trust, Inc.)
Attorneys’ Fees. In the event that of any litigation is brought by any party between the parties in connection with this Agreement, excluding the mediation process described above, the party prevailing party in such action shall be entitled to recover from the opposing other party all of its costs and expensesfees, including reasonable attorneys’ fees, incurred which shall be determined by the prevailing party in court and not by the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions, or provisions hereofjury.
Appears in 4 contracts
Samples: Intergovernmental Agreement, Service Agreement, Rehabilitation Agreement and License
Attorneys’ Fees. In any dispute between or among the event that litigation is brought by any party in connection with Parties relating to or arising out of the interpretation or breach of this Agreement, the prevailing party or parties shall be entitled to recover from the opposing other party or parties all costs reasonable expenses including without limitation attorneys' fees and expenses, including reasonable attorneys’ fees, incurred by the prevailing party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions, or provisions hereofcourt costs.
Appears in 4 contracts
Samples: Partnership Agreement (TMP Inland Empire Iv LTD), Partnership Agreement (Rancon Realty Fund Iv), Partnership Agreement (Rancon Realty Fund V)
Attorneys’ Fees. In the event that any litigation is brought by any party in connection with instituted between the Parties arising out of or relating to this Agreement, the prevailing party Party in whose favor judgment shall be entered shall be entitled to have and recover from the opposing party all costs and expenses, including non-prevailing Party its reasonable attorneys’ fees, fees and court costs incurred by the prevailing party in the exercise of such action and any of its rights or remedies hereunder or the enforcement of any of the terms, conditions, or provisions hereofappeal therefrom.
Appears in 4 contracts
Samples: Purchase and Sale Agreement (Excel Trust, Inc.), Purchase and Sale Agreement (Excel Trust, Inc.), Purchase and Sale Agreement (Excel Trust, Inc.)
Attorneys’ Fees. In the event that of any litigation is brought by any party in connection with between the Partners arising out of this AgreementAgreement or relating to the Partnership, the prevailing party shall be entitled to recover from the opposing nonprevailing party its reasonable attorney's fees and costs at the trial and all costs and expenses, including reasonable attorneys’ fees, incurred by the prevailing party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions, or provisions hereofappellate levels.
Appears in 4 contracts
Samples: Limited Partnership Agreement (Valor Telecommunications Southwest LLC), Limited Partnership Agreement (Ocwen Asset Investment Corp), Limited Partnership Agreement (Ocwen Asset Investment Corp)
Attorneys’ Fees. In the event that any litigation is brought by any either party in connection with this Agreement, the prevailing party in such litigation shall be entitled to recover from the opposing other party all costs the costs, attorneys' fees and expenses, including reasonable attorneys’ fees, other expenses incurred by the such prevailing party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions, or provisions hereoflitigation.
Appears in 4 contracts
Samples: Distribution Agreement (Ivi Publishing Inc), International License and Distribution Agreement (Star E Media Corp), Marketing Alliance Agreement (Instant Video Technologies Inc)
Attorneys’ Fees. In the event that litigation If any action or proceeding is brought by any either party in connection with against the other party to or arising out of this AgreementLease, the finally prevailing party shall be entitled to recover from the opposing party all costs and expenses, including reasonable attorneys’ fees, attorney's fees incurred by the prevailing party in the exercise on account of any of its rights such action or remedies hereunder or the enforcement of any of the terms, conditions, or provisions hereofproceeding.
Appears in 4 contracts
Samples: Office Lease, Office Lease, Office Lease
Attorneys’ Fees. In the event that litigation If either party is brought by required to engage in any party in connection with proceedings, legal or otherwise, to enforce its rights under this Agreement, the prevailing party shall be entitled to recover from the opposing party all other, in addition to any other sums due, the attorneys' fees, costs and expenses, including reasonable attorneys’ fees, incurred by the prevailing party disbursements involved in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions, or provisions hereofsaid proceedings.
Appears in 4 contracts
Samples: Purchase Agreement, Purchase Agreement (Jacqueline Badger Mars Trust), Debenture Purchase Agreement (Ameralia Inc)
Attorneys’ Fees. In the event that of any actual litigation is brought by any party between the Parties in connection with this Agreement, the Party prevailing party in such action shall be entitled to recover from the opposing party other Party all of its costs and expensesfees, including reasonable attorneys’ fees, incurred which shall be determined by the prevailing party court and not by the jury and be included in the exercise of any of its rights decision, order or remedies hereunder or judgment, as applicable. If both Parties are awarded relief, then the enforcement of any award for attorneys’ fees shall be apportioned in the discretion of the terms, conditions, or provisions hereofcourt.
Appears in 4 contracts
Samples: Development Agreement, Streetcar Development Agreement, Development Agreement
Attorneys’ Fees. In the event that If any litigation is brought instituted by any party in connection with against another party relating to this AgreementAgreement or the subject matter thereof, the party prevailing party in such litigation shall be entitled to recover from the opposing party recover, in addition to all damages allowed by law and other relief, all court costs and expenses, including reasonable attorneys’ fees, fees incurred by the prevailing party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions, or provisions hereofconnection therewith.
Appears in 4 contracts
Samples: Limited Liability Company Agreement (Skechers Usa Inc), Limited Liability Company Agreement (Skechers Usa Inc), Limited Liability Company Agreement (Skechers Usa Inc)
Attorneys’ Fees. In any legal proceeding between the event that litigation is brought by any party in connection with parties hereto which arises out of or relates to this Agreement, the prevailing party shall be entitled to recover all reasonable costs and expenses incurred by it therein from the opposing other party all costs and expensesincluding, including without limitation, reasonable attorneys’ fees, incurred by fees and court costs. These expenses shall be in addition to any other relief to which the prevailing party may be entitled and shall be included in the exercise of any of its rights or remedies hereunder or the enforcement of any and as part of the terms, conditions, judgment or provisions hereofdecision rendered in such proceeding.
Appears in 4 contracts
Samples: Investment Advisory Agreement (Excelsior Lasalle Property Fund Inc), Management Agreement (Excelsior Lasalle Property Fund Inc), Management Agreement (Excelsior Lasalle Property Fund Inc)
Attorneys’ Fees. In any action, proceeding or arbitration arising out of, brought under, or relating to the event that litigation is brought by any party in connection with terms or enforceability of this Agreement, the prevailing party shall be entitled to recover from the opposing losing party all costs and expenses, including reasonable attorneys’ fees, costs and expenses incurred by the prevailing party in the exercise of any of its rights such action, proceeding or remedies hereunder or the enforcement of any of the terms, conditions, or provisions hereofarbitration.
Appears in 4 contracts
Samples: Auction and Retail Contract, Auction and Retail Contract, Winning Bidder Confirmation
Attorneys’ Fees. In the event that litigation is brought of any alleged dispute, breach or default under the terms of this Agreement by any party in connection with this Agreementeither party, the prevailing party shall be entitled to recover from the opposing party all costs and expenses, including reasonable attorneys’ fees, incurred by in such litigation, and such right shall be in addition to any and all other remedies or damages to which the prevailing party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions, or provisions hereofmay be entitled.
Appears in 4 contracts
Samples: Employment Agreement (Smart Sand, Inc.), Employment Agreement (Smart Sand, Inc.), Employment Agreement (Smart Sand Partners LP)
Attorneys’ Fees. In the event that litigation is brought by any party in connection with any disputes or actions arising out of the transactions contemplated by this Agreement, or the breach, enforcement or interpretation of this Agreement, the substantially prevailing party shall be entitled to recover recover, from the opposing party not substantially prevailing, all reasonable costs and expensesattorney, including reasonable attorneys’ fees, paralegal and expert fees incurred by the substantially prevailing party before trial, at trial, at retrial, on appeal, at all hearings and rehearings, and in the exercise of any of its rights or remedies hereunder or the enforcement of any of the termsall administrative, conditions, or provisions hereofbankruptcy and reorganization proceedings.
Appears in 4 contracts
Samples: Asset Purchase Agreement (CNL Healthcare Properties II, Inc.), Asset Purchase Agreement (CNL Healthcare Trust, Inc.), Purchase and Sale Agreement (CNL Income Properties Inc)
Attorneys’ Fees. In If any arbitration, litigation, or other legal proceeding occur between the event that litigation is brought by any party in connection with Parties relating to this Agreement, the prevailing party Party shall be entitled to recover from the opposing party all (in addition to any other relief awarded or granted) its reasonable costs and expenses, including reasonable attorneys’ ' fees, incurred by the prevailing party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions, or provisions hereofproceeding.
Appears in 3 contracts
Samples: Sales Agreement (Digex Inc), Authorized Lci Agreement (Digex Inc), Sales Agreement (Digex Inc)
Attorneys’ Fees. In the event that of any litigation is brought by any party in connection with arising out of or relating to this Agreement, the prevailing party shall be entitled to recover from the opposing party all costs and expenses, including reasonable attorneys’ fees' fees incurred, including, but not limited to, costs and fees incurred by the prevailing party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the termsinvestigations, conditionstrials, or provisions hereofbankruptcies and appeals.
Appears in 3 contracts
Samples: Settlement Agreement (Vision Twenty One Inc), Agreement (Vision Twenty One Inc), Asset Purchase Agreement (Elinear Inc)
Attorneys’ Fees. In the event that litigation is brought by The prevailing Party in any party in connection with dispute or claim relating to or arising out of this Agreement, the prevailing party Agreement shall be entitled to recover from the opposing party losing Party all costs fees and expenses of any nature or kind (including, without limitation, attorney's fees and expenses, including reasonable attorneys’ fees, ) incurred by the prevailing party in the exercise of any of its rights such dispute or remedies hereunder or the enforcement of any of the terms, conditions, or provisions hereofclaim.
Appears in 3 contracts
Samples: Employment Agreement (PROS Holdings, Inc.), Employment Agreement (PROS Holdings, Inc.), Employment Agreement (PROS Holdings, Inc.)
Attorneys’ Fees. In the event that litigation If any action or proceeding is brought in any court by any party in connection with to enforce any provision of this Agreement, the prevailing party shall be entitled to recover from the opposing non-prevailing party all of its reasonable costs and expensesexpenses incurred in connection with such action, including reasonable attorneys’ fees, incurred by the prevailing party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions, or provisions hereof' fees and disbursements.
Appears in 3 contracts
Samples: Employment Agreement (Silver State Vending Corp), Employment Agreement (Silver State Vending Corp), Employment Agreement (Silver State Vending Corp)
Attorneys’ Fees. In the event that litigation is brought by of any party in connection with this Agreementdispute hereunder, the prevailing party shall be entitled to recover from recover, in addition to any and all other remedies, which shall be cumulative, the opposing party all costs and expenses, including reasonable attorneys’ fees, incurred by the prevailing party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the termsexpenses, conditions, or provisions hereofand costs which it incurs as a result thereof.
Appears in 3 contracts
Samples: Master Services Agreement (Imprivata Inc), Master Services Agreement (Imprivata Inc), Master Services Agreement (SolarWinds, Inc.)
Attorneys’ Fees. In the event that litigation If any legal action is brought by reason of any party breach of any covenant, condition or agreement of the parties in connection with this AgreementAgreement or the Ancillary Agreements, the prevailing party shall be entitled to recover from the opposing other party to the action all costs and expensesexpenses of suit, including reasonable attorneys’ fees, incurred by the prevailing party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions, or provisions hereof.
Appears in 3 contracts
Samples: Securities Purchase Agreement (Norsk Hydro a S A), Securities Purchase Agreement (Ascent Solar Technologies, Inc.), Securities Purchase Agreement (Pathmark Stores Inc)
Attorneys’ Fees. In the event that litigation is brought by any party in connection hereto, or any of them, shall bring any action or proceeding against another party hereto, or any of them, with respect to a Released Claim(s) covered by this Agreement, then the prevailing party or parties in such action shall be entitled to recover from the opposing party all reasonable costs and expensesof litigation, including reasonable attorneys’ fees' fees and costs, incurred in such amount as may be determined by the prevailing party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the termscourt having jurisdiction, conditions, or provisions hereofincluding matters on appeal.
Appears in 3 contracts
Samples: Mutual Release Agreement (Byl Bancorp), Severance Agreement (Heritage Commerce Corp), Separation Agreement (Pacific Coast National Bancorp)
Attorneys’ Fees. In the event that of any litigation is brought by any party between the parties in connection with this Agreement, the party prevailing party in such action shall be entitled to recover from the opposing other party all of its costs and expensesfees, including reasonable attorneys’ fees, incurred which shall be determined by the prevailing party in court and not by the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions, or provisions hereofjury.
Appears in 3 contracts
Samples: License Agreement, License Agreement, License Agreement
Attorneys’ Fees. In case of any action or proceeding to compel compliance with, or for a breach of, the event that litigation is brought by any party in connection with provisions of this Agreement, the prevailing party shall be entitled to recover from the opposing other party all costs and expensesof such action or proceeding including, including but not limited to, reasonable attorneys’ fees, incurred by the prevailing party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions, or provisions hereof.
Appears in 3 contracts
Samples: License Agreement (Ticketmaster), License Agreement (Ticketmaster), License Agreement (Ticketmaster)
Attorneys’ Fees. In the event that litigation If either party is brought by required to engage in any party in connection with proceedings, legal or otherwise, to enforce its rights under this Agreement, the prevailing party shall be entitled to recover from the opposing party all costs and expensesother, including reasonable in addition to any other sums due, the attorneys’ fees, incurred by the prevailing party costs and disbursements involved in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions, or provisions hereofsaid proceedings.
Appears in 3 contracts
Samples: Debenture Purchase Agreement (Sentient Global Resources Fund I, L.P.), Purchase Agreement (Sentient Global Resources Fund I, L.P.), Interest Purchase Agreement (Sentient Global Resources Fund I, L.P.)