Common use of Attorneys’ Fees Clause in Contracts

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 62 contracts

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

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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 Parcel Agreement, Development and Disposition 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), Asset Purchase Agreement (BMJ Medical Management Inc)

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 25 contracts

Samples: Master Purchase Agreement, Master Purchase Agreement, Master Purchase Agreement

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 shall be entitled to recover from the opposing other party all costs and expenses, including 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 22 contracts

Samples: License Agreement (Apollo Asset Backed Credit Co LLC), Trademark License Agreement (Middle Market Apollo Institutional Private Lending), Trademark License Agreement (Apollo Infrastructure Co LLC)

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 22 contracts

Samples: Subscription Agreement (NDB Inc.), Stock Purchase Agreement (Treasure Global Inc), Stock Purchase Agreement (Pro Music Rights, Inc)

Attorneys’ Fees. In the event that of any litigation is brought by any party in connection with arising under the terms of 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 20 contracts

Samples: Asset Purchase Agreement (Medical Staffing Solutions Inc), Share Exchange Agreement (American Racing Capital, Inc.), Asset Purchase Agreement (Medical Staffing Solutions 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 18 contracts

Samples: Employment Agreement (PROS Holdings, Inc.), Employment Agreement (PROS Holdings, Inc.), Employment Agreement (PROS Holdings, 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 (S3 Investment Company, Inc.), Board of Directors (Franchise Capital CORP), Board of Directors (International Sports & Media Group Inc)

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: Certification and Agreement (WNC Housing Tax Credit Fund VI, L.P., Series 13), Operating Budget Agreement (WNC Housing Tax Credit Fund Vi Lp Series 7), Certification and Agreement (WNC Housing Tax Credit Fund VI, L.P., Series 13)

Attorneys’ Fees. In the event that of litigation is brought by any party in connection with or other dispute resolution proceeding involving the interpretation or enforcement of this Agreement, the prevailing party shall be entitled to recover from the opposing party other all fees, costs and expensesexpenses incurred in connection therewith, 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 hereofattorney's fees through appeal.

Appears in 16 contracts

Samples: Executive Employment Agreement (Grove, Inc.), Executive Employment Agreement (Grove, Inc.), Executive Employment Agreement (GEE Group Inc.)

Attorneys’ Fees. In the event that litigation is brought by any party in connection with this Agreementof a dispute hereunder, the prevailing party shall be is entitled to recover from the opposing other party all costs and expenses, including reasonable attorneys’ fees, incurred by the prevailing party in enforcing this Agreement and prosecuting the exercise of any of its rights dispute, including reasonable attorney’s fees and expert’s fees, whether incurred through formal legal proceedings or remedies hereunder or the enforcement of any of the terms, conditions, or provisions hereofotherwise.

Appears in 16 contracts

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

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: Stock Purchase Agreement (Americhip International Inc), Acquisition Agreement (Renewable Energy Resources Inc), Acquisition Agreement (Renewable Energy Resources 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: Of Kennewick Moorage Agreement, Kennewick Moorage Agreement, Of Kennewick Moorage Agreement

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 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 litigation If any legal action is brought by concerning any party in connection with matter relating to this Agreement, or by reason of any breach of any covenant, condition or agreement referred to herein, the prevailing party shall be entitled to have and 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 11 contracts

Samples: Management Services Agreement (Fred Meyer Inc), Registration Rights Agreement (Meyer Fred Inc), Management Services Agreement (Yucaipa Companies)

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 11 contracts

Samples: Employment Agreement (Ontrak, Inc.), Employment Agreement (Ontrak, Inc.), Employment Agreement (Ontrak, 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 action or proceeding to enforce rights or obligations under this Agreement, the substantially prevailing party Party shall be entitled to recover from the opposing party in addition to any other costs or damages awarded, all costs reasonable costs, including, but not limited to expert witness’ 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 hereof.

Appears in 10 contracts

Samples: Agent and Registrar Agreement (Landa App LLC), Agent and Registrar Agreement (Landa App 2 LLC), Agent and Registrar Agreement (Landa App 3 LLC)

Attorneys’ Fees. In case of any action or proceeding to compel compliance with, or for a breach of, any of the event that litigation is brought by any party in connection with terms and conditions of this Agreement, the prevailing party shall be entitled to recover from the opposing losing 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 9 contracts

Samples: Understanding and Agreement (Neurmedix, Inc.), Consulting Agreement (Adomani, Inc.), Consulting Agreement (Adomani, Inc.)

Attorneys’ Fees. In the event that litigation is brought by any party in connection with hereunder brings a Proceeding to enforce this Agreement, the prevailing party that prevails in such Proceeding shall be entitled to recover from the opposing party recover, in addition to all other amounts and relief that may be granted, its reasonable 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 with such Proceeding.

Appears in 9 contracts

Samples: Membership Interest Purchase Agreement (Good Hemp, Inc.), Securities Purchase Agreement (Freedom Leaf Inc.), Amended and Restated Stock Purchase Agreement (Bravatek Solutions, Inc.)

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 8 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 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: gameround.co, gameround.co, playfangs.com

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 any action, suit, arbitration, or other proceeding is brought by any party in connection with instituted concerning or arising out of this Agreement, the prevailing party shall be entitled to recover from the opposing party all costs and expensesof such party's costs, 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 termseach and every such action, conditionssuit, arbitration, or provisions hereofother proceeding, including any and all appeals or petitions therefrom.

Appears in 8 contracts

Samples: Employment Agreement (Larson Davis Inc), Executive Employment Agreement (Eurogas Inc), Executive Employment Agreement (Larson Davis Inc)

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, Consulting 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 7 contracts

Samples: Share Exchange Agreement (Global Technologies LTD), Share Exchange Agreement (Charge Enterprises, Inc.), Share Exchange Agreement (GoIP GLOBAL, 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 (Southern California Microwave Inc), Asset Purchase Agreement (L 3 Communications Holdings Inc), Asset Purchase Agreement (California Microwave Inc)

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: Agreement and Plan of Merger (Humbl, Inc.), Membership Interest Purchase Agreement (Humbl, Inc.), Stock Purchase Agreement (Humbl, Inc.)

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), Confidential Resignation Agreement and General (Quicklogic Corporation)

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 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: Lease (ConforMIS Inc), Lease (ConforMIS Inc), Loan and Security Agreement (Hudson Pacific Properties, Inc.)

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 6 contracts

Samples: Non Voting Common Stock Purchase Agreement (Longboard Pharmaceuticals, Inc.), Common Stock Purchase Agreement (Complete Solaria, Inc.), Common Stock Purchase Agreement (Complete Solaria, Inc.)

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 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 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), Sales Representative Agreement (Intervisual Books Inc /Ca), Employment Agreement (Intervisual Books Inc /Ca)

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: Pledge and Security Agreement (Wellsford Residential Property Trust), Pledge and Security Agreement (Equity Residential Properties Trust), Pledge and Security Agreement (Wellsford Real Properties 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: Cleantech Acquisition Corp., Ener-Core Inc., Mela Sciences, Inc. /Ny

Attorneys’ Fees. In the event that litigation is brought by of any party in connection arbitration or litigation, including appeals, with regard to this Agreement, the prevailing party shall be entitled to recover from the opposing non-prevailing party all costs and expenses, including reasonable attorneys’ 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 termscounsel (at pre-trial, conditions, or provisions hereoftrial and appellate levels).

Appears in 6 contracts

Samples: Merger and Reorganization Agreement (Rubenstein J Mark), Merger and Reorganization Agreement (Global Telecommunication Solutions Inc), Merger and Reorganization Agreement (Global Telecommunication Solutions 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 5 contracts

Samples: Asset Purchase Agreement (American Picture House Corp), Share Contribution and Purchase Agreement (HQ Global Education Inc.), Stock Exchange Agreement (Solar Thin Films, Inc.)

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: Development and Construction Agreement (Aladdin Gaming Enterprises Inc), Development and Construction Agreement (Aladdin Gaming Enterprises Inc), Common Parking Area Use Agreement (Bh Re LLC)

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: Equity Option Agreement (Clean Energy Fuels Corp.), Equity Option Agreement (Clean Energy Fuels Corp.), Stock Purchase Agreement (Innovative Micro Technology Inc)

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 without limitation 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: Separation Agreement and Release (SP Plus Corp), Separation Agreement and Release (SP Plus Corp), Employment Agreement (SP Plus Corp)

Attorneys’ Fees. In the event that litigation is brought by any party dispute among the Parties to this Agreement 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 expenses, including reasonable attorneys’ fees, incurred by the expenses of enforcing any right of such prevailing party in the exercise of any of its rights under or remedies hereunder or the enforcement of any of the terms, conditions, or provisions hereofwith respect to this Agreement.

Appears in 5 contracts

Samples: Irrevocable Voting Agreement and Proxy (CombiMatrix Corp), Irrevocable Voting Proxy (Isonics Corp), Irrevocable Voting Proxy (Sakys John V)

Attorneys’ Fees. In the event that litigation is brought by either party hereto initiates any party 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 herewith.

Appears in 5 contracts

Samples: Asset Purchase Agreement (California Microwave Inc), Asset Purchase Agreement (Comtech Telecommunications Corp /De/), Asset Purchase Agreement (Adaptive Broadband Corp)

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: Agreement (TMP Inland Empire Iv LTD), Agreement (Rancon Realty Fund V), Agreement (Rancon Income Fund I)

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: Lease Agreement (Skechers Usa Inc), Development Management Agreement (Skechers Usa Inc), Development Management Agreement (Skechers Usa Inc)

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: Support Agreement, Support Agreement (Jacqueline Badger Mars Trust), Debenture Purchase Agreement (Ameralia Inc)

Attorneys’ Fees. In the event that of any litigation is brought by any party in connection with arising out of this Agreement, the prevailing party shall be entitled to recover from the opposing other party all costs and expenses, including reasonable attorneys’ feesand paralegals’ fees and costs actually incurred, whether incurred by the prevailing party out of court, at trial, on appeal or in the exercise of any of its rights bankruptcy, arbitration or remedies hereunder or the enforcement of any of the terms, conditions, or provisions hereofadministrative proceedings.

Appears in 4 contracts

Samples: Purchase and Sale and Escrow Agreement (Consolidated Tomoka Land Co), Purchase and Sale and Escrow Agreement, Purchase and Sale and Escrow Agreement (Hartman Short Term Income Properties XX, 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 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 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 on Consignment Agreement (Ivi Publishing Inc), License and Distribution Agreement (Star E Media Corp), Marketing Alliance Agreement (Instant Video Technologies 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: 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 and Joint Escrow Instructions (Pacific Office Properties Trust, Inc.), Purchase and Contribution Agreement and Joint Escrow Instructions (Pacific Office Properties Trust, 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, Development Agreement, Streetcar Development Agreement

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 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

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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 costs and expenses, including reasonable its attorneys’ fees, fees and 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 hereofthat action.

Appears in 4 contracts

Samples: Confidential Termination Agreement (Velti PLC), Confidential Separation Agreement and General (Shutterfly Inc), Separation Agreement (Shutterfly Inc)

Attorneys’ Fees. In the event that litigation If any lawsuit is brought by any party to enforce this Agreement or in connection with this Agreementany breach or violation hereof, the prevailing party shall be entitled to recover from the opposing non-prevailing party all of its costs and expenses, including including, without limitation, all 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 hereoffee and expenses.

Appears in 3 contracts

Samples: Securities Purchase Agreement (Midas Medici Group Holdings, Inc.), Subordination and Standstill Agreement (Midas Medici Group Holdings, Inc.), Security Agreement (Midas Medici Group 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 any The prevailing party in connection with any proceeding brought to enforce the terms of this Agreement, the prevailing party Agreement shall be entitled to recover from the opposing other party all damages, costs and expenses, including reasonable with limitations, attorneys’ and arbitrator’s fees, incurred by the prevailing party in the exercise as a result of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions, or provisions hereofsaid action.

Appears in 3 contracts

Samples: Waiver and Release Agreement (True Religion Apparel Inc), Release and Amended Employment Agreement (Bell Industries Inc /New/), Waiver and Release Agreement (True Religion Apparel 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 pursuant to Section 5.2, the party prevailing party in such action shall be entitled to recover from the opposing other party all costs of its costs, expenses 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: Development Agreement, Development Agreement, Development Agreement

Attorneys’ Fees. In the event that litigation If suit, action or arbitration is brought by to enforce or interpret any party in connection with provision of this Agreement, or the rights or obligations of any Party hereto as they relate to the subject matter of this Agreement, the prevailing party Party shall be entitled to recover from the opposing party recover, as an element of such Party's costs of suit, and not as damages, all reasonable costs and expensesexpenses incurred or sustained by 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' fees and expenses and court costs.

Appears in 3 contracts

Samples: Referral Fee Agreement (Solutionsamerica Inc), Referral Fee Agreement (Solutionsamerica Inc), Referral Fee Agreement (Solutionsamerica Inc)

Attorneys’ Fees. In the event that litigation is brought by of any party claim, action, suit, or proceeding arising out of or in connection with any way relating to this AgreementAgreement or the transactions contemplated hereby, the prevailing party Party or Parties shall be entitled to recover from the opposing party non-prevailing Party or Parties all costs and fees, expenses, and disbursements, including without limitation reasonable attorneys’ feesfees and court costs, reasonably incurred by the such prevailing party Party or Parties in the exercise of any of its rights or remedies hereunder or the enforcement of any of the termsconnection with such claim, conditionsaction, suit, or provisions hereofproceeding, in addition to any other relief to which such prevailing Party or Parties may be entitled.

Appears in 3 contracts

Samples: Agreement and Plan of Merger (Smartfinancial Inc.), Agreement and Plan of Merger (Smartfinancial Inc.), Agreement and Plan of Merger (Smartfinancial Inc.)

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 3 contracts

Samples: Purchase and Sale Agreement (Excel Trust, L.P.), Purchase and Sale Agreement (Excel Trust, Inc.), Purchase and Sale Agreement (Excel Trust, Inc.)

Attorneys’ Fees. In the event that litigation is brought by of any party in connection with arbitration or 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 arbitration or 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 not such arbitration or the enforcement of any of the terms, conditions, or provisions hereofproceeding is prosecuted to judgment.

Appears in 3 contracts

Samples: Stock Purchase Agreement, Stock Purchase Agreement, Asset Purchase Agreement

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 connection therewith (including fees and expenses incurred to prosecute any of its rights appeal or remedies hereunder or the enforcement of to enforce any of the terms, conditions, or provisions hereofjudgment). This Section 10.4 shall not be deemed merged into any judgment rendered on this Agreement.

Appears in 3 contracts

Samples: Asset Purchase Agreement (Fidelity National Financial Inc /De/), Asset Purchase Agreement (Fidelity National Information Solutions Inc), Asset Purchase Agreement (Fidelity National Information Solutions 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 will, except as otherwise provided in the Dispute Resolution 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 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: Agreement (Vycor Medical Inc), Agreement (Vycor Medical Inc), Employment Agreement (Innovate Oncology, Inc.)

Attorneys’ Fees. In the event that of any litigation is brought by any party arising in connection with this Agreement, the prevailing party shall will be entitled to recover from the opposing party losing party, all costs and expenses, incurred in connection with such litigation including reasonable attorney’s fees and costs 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 hereoffees on appeal.

Appears in 3 contracts

Samples: Purchase and Assumption Agreement (Middlefield Banc Corp), Purchase and Assumption Agreement (Commercial Bancshares Inc \Oh\), Purchase and Assumption Agreement (Middlefield Banc Corp)

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.)

Attorneys’ Fees. In the event that litigation is brought of the brining of any action by any either party in connection with hereto against the other party arising out of this Agreement, the party who is determined to be the prevailing party shall be entitled to recover from the opposing other 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 3 contracts

Samples: Royalty Agreement (Auriga Laboratories, Inc.), Supply Agreement (Unified Western Grocers Inc), Supply Agreement (Smart & Final Inc/De)

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 without limitation attorneys’ feesfees 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 3 contracts

Samples: Employment Agreement (Standard Parking Corp), Employment Agreement (Standard Parking Corp), Employment Agreement (Standard Parking Corp)

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 hereof.proceeding. * * * *

Appears in 3 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 of litigation is brought by any party in connection with relating to this Agreement, the prevailing party shall be entitled to recover from the opposing party all costs and expenses, including reasonable attorneys’ feesfees and costs of litigation, incurred by the prevailing party 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 3 contracts

Samples: Separation and Release Agreement (Exicure, Inc.), Separation and Release Agreement (Exicure, Inc.), Separation and Release Agreement (Exicure, Inc.)

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 is brought by If any party in connection brings an action or arbitration against another party, with respect to the subject matter of this Agreement, the prevailing party party, if any, shall be entitled to recover from the opposing adverse party all costs and expensesof the reasonable expenses of the prevailing party, 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 hereof.

Appears in 3 contracts

Samples: Area Development Agreement (NOODLES & Co), Company Area Development Agreement (NOODLES & Co), Company Area Development Agreement (NOODLES & Co)

Attorneys’ Fees. In the event that litigation is brought of the bringing of any action by any either party in connection with hereto against the other arising out of this Agreement, the party who is determined to be the prevailing party shall be entitled to recover from the opposing other 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 3 contracts

Samples: Indemnity Agreement (Ricex Co), Consulting Agreement (Ricex Co), Contract for Services (Ricex Co)

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 3 contracts

Samples: Agreement Between Owner and Professional, Agreement Between Owner and Professional, Agreement for Continuing Professional Services

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 (Pathmark Stores Inc), Securities Purchase Agreement (Norsk Hydro a S A), Securities Purchase Agreement (Ascent Solar Technologies, 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 of litigation is brought by any party in connection between the parties with respect to this AgreementAssignment, 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 3 contracts

Samples: Real Estate Sale Agreement, Real Estate Sale Agreement (Mack Cali Realty L P), Real Estate Sale Agreement (Equity Commonwealth)

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 3 contracts

Samples: Joint Community Facilities Agreement, Joint Community Facilities Agreement, Joint Community Facilities Agreement

Attorneys’ Fees. In the event The parties agree that litigation is brought by any party in connection with this Agreement, the prevailing party in any action brought with respect to or to enforce any right or remedy under this Agreement shall be entitled to recover from the opposing other party or parties all reasonable costs and expenses, including reasonable attorneys’ fees, expenses of any nature whatsoever incurred by the prevailing party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the termsconnection with such action, conditionsincluding without limitation attorneys’ fees, or provisions hereofexpenses and prejudgment interest.

Appears in 3 contracts

Samples: Asset Purchase Agreement (Averion International Corp.), Asset Purchase Agreement (It&e International Group), Asset Purchase Agreement (It&e International Group)

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 3 contracts

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

Attorneys’ Fees. In the event that any litigation is brought by any party in connection with arises out of the rights and obligations of the parties under this Agreement, the prevailing party shall be entitled to recover from the opposing party all non-prevailing party, its costs and expensesreasonable attorneys' fees incurred in connection with such litigation, including reasonable attorneys’ feesfees incurred at all trial and appellate levels, incurred by the prevailing party and in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions, or provisions hereofbankruptcy proceedings.

Appears in 3 contracts

Samples: Master Services Agreement, Master Services Agreement, Master Services Agreement

Attorneys’ Fees. In the event that litigation is brought by any party dispute between the parties to this Agreement should result in connection with this Agreementlitigation, the prevailing party shall be entitled to recover from the opposing party losing party, all fees, costs and expensesexpenses of enforcing such rights of the prevailing party, 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 costs.

Appears in 3 contracts

Samples: Employment Agreement (Tradeqwest Inc), Employment Agreement (Tradeqwest Inc), Employment Agreement (Tradeqwest 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 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 2 contracts

Samples: Agreement and Plan of Merger (Spectrum Sciences & Software Holdings Corp), Contribution and Merger Agreement (Catalytica Energy Systems 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 hereoffees and court costs.

Appears in 2 contracts

Samples: Executive Employment Agreement (AVITA Medical, Inc.), Executive Employment Agreement (AVITA Medical, Inc.)

Attorneys’ Fees. In the event that litigation is brought of a lawsuit by any either party in connection with to enforce the provisions of this Agreement, the prevailing party shall be entitled to recover from the opposing party all of its costs and expenses, including reasonable attorneys’ fees' fees (if paid to outside counsel), 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 hereofparty.

Appears in 2 contracts

Samples: Employment Agreement (Nuveen John Company), Employment Agreement (Nuveen John Company)

Attorneys’ Fees. In the event that litigation If any legal action is brought by concerning any party in connection with matter relating to this Agreement, or by reason of any breach of any covenant, condition or agreement referred to herein, the prevailing party Party shall be entitled to have and recover from the opposing party 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 2 contracts

Samples: Transition Services Agreement (Houlihan Lokey, Inc.), Transition Services Agreement (Houlihan Lokey, Inc.)

Attorneys’ Fees. In the event that of any litigation is brought by any party in connection with arising from, or to enforce, this Agreement, including any costs incurred by Employer to secure an injunction (or other equitable remedy) and/or damages, under Sections 7 or 8 hereof, the substantially prevailing party shall be entitled to recover from the opposing party recovery of all costs and expenses, including reasonable attorneys’ fees, attorney’s fees incurred and paid 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 party.

Appears in 2 contracts

Samples: Employment Agreement (Florida Choice Bankshares, Inc.), Employment Agreement (Florida Choice Bankshares, Inc.)

Attorneys’ Fees. In the event that litigation is brought by If any party brings an action in connection with the performance, breach or interpretation of this Agreement, or in any action related to the transactions contemplated hereby, the prevailing party in such action shall be entitled to recover from the opposing losing party in such action all reasonable costs and expensesexpenses of such litigation, including reasonable attorneys’ fees, court costs, costs of investigation, accounting and other costs reasonably 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.related to such litigation

Appears in 2 contracts

Samples: Operating Agreement (Coach Industries Group Inc), Operating Agreement (Coach Industries Group Inc)

Attorneys’ Fees. In the event that litigation is brought by any The prevailing party in connection with any proceeding brought to enforce this AgreementContract, or brought relating to the prevailing party shall transaction contemplated by this Contract, will be entitled to recover recover, from the opposing party all costs and expensesnon-prevailing party, including court costs, 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 all other reasonable related expenses.

Appears in 2 contracts

Samples: Encore Wire Corp, Dynacq Healthcare 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 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 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 2 contracts

Samples: Employment Separation Agreement (Tekelec), Employment Separation Agreement (Tekelec)

Attorneys’ Fees. In the event that litigation is brought by any The prevailing party in connection with any legal proceeding brought in relation to this Agreement, the prevailing party shall Contract or transaction will be entitled to recover from the opposing party non-prevailing parties court costs, reasonable attorneys fees and all costs and other reasonable litigation 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 2 contracts

Samples: Indemnification Agreement (Kent International Holdings Inc), Astec Industries Inc

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