Common use of Attorneys’ Fees Clause in Contracts

Attorneys’ Fees. If any legal action, arbitration or other proceeding, is brought for the enforcement of this Agreement, or because of an alleged dispute, breach or default in connection with any of the provisions of this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees and other costs incurred in that action or proceeding, including any appeal of such action or proceeding, in addition to any other relief to which that party may be entitled.

Appears in 26 contracts

Samples: Employment Agreement (Aderis Pharmaceuticals Inc), Change in Control and Noncompetition Agreement (Amb Property Corp), Employment Agreement (Pan Pacific Retail Properties Inc)

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Attorneys’ Fees. If any legal action, arbitration action or other proceeding, proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach breach, default or default misrepresentation in connection with any of the provisions provision of this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees fees, court costs and other all expenses (including, without limitation, all such fees, costs and expenses incident to appellate, bankruptcy, post-judgment and alternative dispute resolution proceedings), incurred in that action or proceeding, including any appeal of such action or proceeding, in addition to any other relief to which that such party may be entitled.

Appears in 23 contracts

Samples: Investment Agreement (Ariel Way Inc), Investment Agreement (Torrent Energy Corp), Investment Agreement (Advanced Communications Technologies Inc)

Attorneys’ Fees. If any legal action, arbitration action or other proceeding, proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach breach, default or default misrepresentation in connection with any of the provisions of this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees and other costs incurred in that action or proceeding, including any appeal of such action or proceeding, in addition to any other relief to which that party it may be entitled.

Appears in 23 contracts

Samples: License Agreement (Opensite Technologies Inc), Registration Rights Agreement (Westbury Metals Group Inc), Registration Rights Agreement (Diametrics Medical Inc)

Attorneys’ Fees. If any legal action, action or any arbitration or other proceeding, proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach breach, default, or default misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party shall or parties will be entitled to recover reasonable attorneys' fees and other costs incurred in that action or proceeding, including any appeal of such action or proceeding, in addition to any other relief to which that party it or they may be entitled.

Appears in 21 contracts

Samples: Stock Exchange Agreement (Rennova Health, Inc.), Stock Exchange Agreement (Rennova Health, Inc.), Stock Exchange Agreement (Rennova Health, Inc.)

Attorneys’ Fees. If any legal action, suit, arbitration or other proceeding, is brought proceeding for the enforcement of this Agreement, Agreement is brought with respect to or because of an alleged dispute, breach breach, default or default misrepresentation in connection with any of the provisions of this Agreementhereof, the successful or prevailing party shall be entitled to recover reasonable attorneys' fees and other costs incurred in that action or proceeding, including any appeal of such action or proceeding, in addition to any other relief to which that party it may be entitled.

Appears in 20 contracts

Samples: Strategic Services Agreement (GigCapital5, Inc.), Strategic Services Agreement (GigInternational1, Inc.), Strategic Services Agreement (GigInternational1, Inc.)

Attorneys’ Fees. If any legal action, arbitration action or other proceeding, proceeding is brought for commenced by either party to enforce their rights under this Agreement or to collect damages as a result of the enforcement breach of this Agreement, or because of an alleged dispute, breach or default in connection with any of the provisions of this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees and other costs incurred in that such action or proceeding, including any appeal of such action bankruptcy, insolvency or proceedingappellate proceedings, shall be entitled to recover all reasonable costs and expenses, including, without limitation, reasonable attorneys’ fees and court costs, in addition to any other relief to which that party may be entitledawarded by the court.

Appears in 20 contracts

Samples: Partnership Separation Agreement, Purchase and Sale Agreement (Procaccianti Hotel Reit, Inc.), Business Partnership Separation Agreement

Attorneys’ Fees. If any legal action, arbitration or other proceeding, proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach or default in connection with any of the provisions of this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees and other costs incurred as set forth in that action or proceeding, including any appeal of such action or proceeding, in addition to any other relief to which that party may be entitledthe Employment Agreement.

Appears in 19 contracts

Samples: Securities Purchase Agreement (Red White & Bloom Brands Inc.), Employment Agreement (American International Holdings Corp.), Employment Agreement (American International Holdings Corp.)

Attorneys’ Fees. If any legal action, arbitration action or other proceeding, proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach breach, default, or default misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party shall or parties will be entitled to recover reasonable attorneys' fees and other costs incurred in that action or proceeding, including any appeal of such action or proceeding, in addition to any other relief to which that party it or they may be entitled.

Appears in 16 contracts

Samples: Management Services Agreement (White Mountain Titanium Corp), Management Services Agreement (White Mountain Titanium Corp), Management Services Agreement (White Mountain Titanium Corp)

Attorneys’ Fees. If any legal action, arbitration or other proceeding, proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach or default in connection with any of the provisions of this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees and other costs incurred in that action or proceeding, including any appeal of such action or proceeding, in addition to any other relief to which that party may be entitled.

Appears in 16 contracts

Samples: Non Disclosure Agreement (Kilroy Realty, L.P.), Employment Agreement (Kilroy Realty, L.P.), Employment Agreement (Kilroy Realty, L.P.)

Attorneys’ Fees. If any legal action, arbitration action or other proceeding, proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach or default in connection with any of the provisions of this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees and other costs incurred in that action or proceeding, including any appeal of such action or proceeding, in addition to any other relief to which that party it may be entitled.

Appears in 15 contracts

Samples: Employment Agreement (Ticketmaster), Employment Agreement (Ticketmaster), Employment Agreement (Ticketmaster)

Attorneys’ Fees. If any legal action, action or any arbitration or other proceeding, proceeding is brought for the enforcement or interpretation of this Agreement, or because of an alleged dispute, breach breach, default or default misrepresentation in connection with any of the provisions of or related to this Agreement, the successful or prevailing party shall be entitled to recover reasonable attorneys' fees and other costs incurred in connection with that action or proceeding, including any appeal of such action or proceeding, in addition to any other relief to which that party it or they may be entitled.

Appears in 15 contracts

Samples: Employment Agreement (Precious Investments, Inc.), Consulting Agreement (Arkados Group, Inc.), Consulting Agreement (American Rare Earths & Materials, Corp.)

Attorneys’ Fees. If any legal action, arbitration or other proceeding, proceeding is brought for the enforcement of this Agreement, or because of an any alleged dispute, breach breach, default or default misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party shall be entitled to recover reasonable attorneys' fees and other costs it incurred in that action or proceeding, including any appeal of such action or proceeding, in addition to any other relief to which that party it may be entitled.

Appears in 13 contracts

Samples: Employment Agreement (Fresh Healthy Vending International, Inc.), Employment Agreement (Fresh Healthy Vending International, Inc.), Confidential Settlement Agreement (Commerce Energy Group Inc)

Attorneys’ Fees. If In the event any legal claim, action, arbitration or other suit, proceeding, arbitration, complaint, charge or investigation is brought for the enforcement in respect of this Agreement, Agreement or because of an alleged dispute, breach or default in connection with any of the provisions of documents referred to in this Agreement, the prevailing party Party shall be entitled to recover reasonable attorneys' fees and other costs incurred in that action or such claim, action, suit, proceeding, including any appeal of such action arbitration, complaint, charge or proceedinginvestigation, in addition to any other relief to which that party such Party may be entitledentitled under applicable Law.

Appears in 13 contracts

Samples: Share Purchase Agreement (Fresh2 Group LTD), Interest Purchase Agreement (Fresh2 Group LTD), Share Purchase Agreement (Fresh2 Group LTD)

Attorneys’ Fees. If any claim, legal action, action or any arbitration or other proceeding, proceeding is brought for the enforcement of this Agreement, Agreement or because of an alleged a dispute, breach breach, default or default misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party shall be entitled to recover reasonable attorneys' fees and other costs incurred in that action or proceedingclaim, including any appeal of such action or proceeding, in addition to any other relief to which that such party may be entitled.

Appears in 12 contracts

Samples: Mortgage Loan Servicing Rights Purchase and Servicing Agreement (Deutsche Alt-a Securities Mortgage Loan Trust, Series 2007-Ar2), Mortgage Loan Purchase Agreement (E Loan Inc), Assignment, Assumption and Recognition Agreement (HSI Asset Securitization CORP Trust 2006-He2)

Attorneys’ Fees. If any legal action, arbitration suit or other proceeding, proceeding is brought for filed by any party to enforce or rescind this Agreement or otherwise with respect to the enforcement of this Agreement, or because of an alleged dispute, breach or default in connection with any of the provisions subject matter of this Agreement, the party prevailing party on an issue shall be entitled to recover reasonable attorneys' fees and other costs incurred in that action or proceeding, including any appeal of with respect to such action or proceedingissue, in addition to costs, reasonable attorneys’ fees incurred in preparation or in prosecution or defense of such action, suit or proceeding as fixed by the arbitrator or trial court, and if any other relief to which that party may be entitledappeal is taken from the decision of the trial court, reasonable attorneys’ fees as fixed on appeal.

Appears in 12 contracts

Samples: Employment Agreement (Airbee Wireless, Inc.), Employment Agreement (Airbee Wireless, Inc.), Employment Agreement (Airbee Wireless, Inc.)

Attorneys’ Fees. If any legal action, arbitration suit or other proceeding, proceeding is brought for filed by any party to enforce or rescind this Agreement or otherwise with respect to the enforcement of this Agreement, or because of an alleged dispute, breach or default in connection with any of the provisions subject matter of this Agreement, the party prevailing party on an issue shall be entitled to recover with respect to such issue, in addition to costs, reasonable attorneys' fees and other costs incurred in that action preparation or proceedingin prosecution or defense of such action, including suit or proceeding as fixed by the arbitrator or trial court, and if any appeal is taken from the decision of such action or proceedingthe trial court, in addition to any other relief to which that party may be entitledreasonable attorneys' fees as fixed on appeal.

Appears in 12 contracts

Samples: Employment Agreement (Nact Telecommunications Inc), Employment Agreement (Nact Telecommunications Inc), Employment Agreement (GST Telecommunications Inc)

Attorneys’ Fees. If any legal action, arbitration action or other proceeding, proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach breach, default, or default misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party shall or parties will be entitled to recover reasonable attorneys' fees and other costs incurred in that action or proceeding, including any appeal of such action or proceeding, in addition to any other relief to which that party it or he may be entitled.

Appears in 12 contracts

Samples: Consulting Agreement (IIOT-OXYS, Inc.), Consulting Agreement (IIOT-OXYS, Inc.), Settlement Agreement (IIOT-OXYS, Inc.)

Attorneys’ Fees. If any legal action, arbitration or other proceeding, proceeding is brought for the enforcement of this Agreement, or because of an any alleged dispute, breach breach, default or default misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party shall be entitled to recover reasonable attorneys' fees and other costs it incurred in that action or proceeding, including any appeal of such action or proceeding, in addition to any other relief to which that party it may be entitled.

Appears in 12 contracts

Samples: Executive Employment Agreement (Second Sight Medical Products Inc), Executive Employment Agreement, Executive Employment Agreement (Second Sight Medical Products Inc)

Attorneys’ Fees. If any legal action, arbitration action or other proceeding, proceeding (including but not limited to binding arbitration) is brought for the enforcement of or to declare any right or obligation under this AgreementAgreement or as a result of a breach, default or because of an alleged dispute, breach or default misrepresentation in connection with any of the provisions of this Agreement, or otherwise because of a dispute among the parties hereto, the prevailing party shall will be entitled to recover reasonable attorneys' actual attorney’s fees (including for appeals and collection and including the actual cost of in-house counsel, if any) and other costs expenses incurred in that action or proceeding, including any appeal of such action or proceeding, in addition to any other relief to which that such party may be entitled.

Appears in 11 contracts

Samples: Subscription Agreement (Keung Luk Ngai), Offshore Subscription Agreement (China Fruits Corportion), Subscription Agreement (China Runji Cement Inc)

Attorneys’ Fees. If any legal action, arbitration or other proceeding, is brought for In the enforcement of event this Agreement, or because any provision therein, is enforced through or is the subject of an alleged dispute, breach a dispute resulting in litigation or default in connection with any of the provisions of this Agreementarbitration, the prevailing party shall be entitled to recover reasonable attorneys' fees and other costs incurred in that action or proceedingits actual attorney’s fees, including any appeal of such action or proceeding, in addition to any other relief to which that party may be entitledreasonably incurred.

Appears in 11 contracts

Samples: Exclusive Buyer Brokerage Engagement Agreement, Exclusive Buyer Brokerage Engagement Agreement, Non Exclusive Buyer Brokerage Engagement Agreement

Attorneys’ Fees. If any legal action, action or any arbitration or other proceeding, proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach breach, default or default misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover such reasonable attorneys' fees and other costs incurred in that action or proceeding, including any appeal of such action or proceeding, in addition to any other relief to which that party it or they may be entitled, as may be ordered in connection with such proceeding.

Appears in 10 contracts

Samples: Stockholders Agreement (Nortek Inc), Registration Rights Agreement (Greentree Software Inc), Stockholder Agreement (Aerosol Services Co Inc)

Attorneys’ Fees. If any legal action, action or any arbitration or other proceeding, upon mutual agreement is brought for the enforcement of this Agreement, Agreement or because of an alleged dispute, breach or default in connection with any of the provisions of this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees and other costs and expenses incurred in that action or proceeding, including any appeal of such action or proceeding, in addition to any other relief to which that party it may be entitled.

Appears in 10 contracts

Samples: Merger Agreement (Placer Sierra Bancshares), Merger Agreement (Central Valley Community Bancorp), Merger Agreement (Western Sierra Bancorp)

Attorneys’ Fees. If any legal action, arbitration action or other proceeding, proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach breach, default, or default misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party shall or parties will be entitled to recover reasonable attorneys' fees and other costs incurred in that action or proceeding, including any appeal of such action or proceeding, in addition to any other relief to which that party it or they may be entitled.

Appears in 10 contracts

Samples: Registration Rights Agreement (Paystar Corp), Consulting Agreement (Ultimate Sports Entertainment Inc), Promissory Notes Restructuring Agreement (Ultimate Sports Entertainment Inc)

Attorneys’ Fees. If In the event that it should become necessary for any legal party to bring an action, arbitration including arbitration, either at law or other proceedingin equity, is brought for to enforce or interpret the enforcement of this Agreement, or because of an alleged dispute, breach or default in connection with any of the provisions terms of this Agreement, the prevailing party in such action shall be entitled to recover its reasonable attorneys' fees and other costs incurred in that action or proceeding, including as a part of any appeal of such action or proceedingjudgment therein, in addition to any other relief to award which that party may be entitledgranted.

Appears in 10 contracts

Samples: Employment Agreement (Stater Bros Holdings Inc), Employment Agreement (Stater Bros Holdings Inc), Employment Agreement (Stater Bros Holdings Inc)

Attorneys’ Fees. If any legal action, arbitration action or other proceeding, proceeding (non-exclusively including arbitration) is brought for the enforcement of or to declare any right or obligation under this AgreementAgreement or as a result of a breach, default or because of an alleged dispute, breach or default misrepresentation in connection with any of the provisions of this Agreement, or otherwise because of a dispute among the parties hereto, any successful or prevailing party shall will be entitled to recover reasonable attorneys' attorney's fees (including fees for appeals and collection) and other costs expenses incurred in that action or proceeding, including any appeal of such action or proceeding, in addition to any other relief to which that such party may be entitled.

Appears in 9 contracts

Samples: Asset Purchase Agreement (Santeon Group, Inc.), Share Exchange Agreement (SunSi Energies Inc.), Asset Purchase Agreement (China Energy Ventures Corp)

Attorneys’ Fees. If any legal action, arbitration or other proceeding, a proceeding is brought for the enforcement of this Agreement, Agreement or because of an any alleged or actual dispute, breach breach, default or default misrepresentation in connection with any of the provisions of this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees and other costs and expenses incurred in that action or proceeding, including any appeal of such action or proceeding, proceeding in addition to any other relief to which that such party may be entitled.

Appears in 9 contracts

Samples: Limited Use Software License Agreement, Limited Use Software License Agreement, Limited Use Software License Agreement

Attorneys’ Fees. If any legal action, action or any arbitration or other proceeding, upon --------------- mutual agreement is brought for the enforcement of this Agreement, Agreement or because of an alleged dispute, breach controversy, breach, or default in connection with any of the provisions of this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees and other costs and expenses incurred in that action or proceeding, including any appeal of such action or proceeding, in addition to any other relief to which that party it may be entitled.

Appears in 9 contracts

Samples: Merger Agreement (Greater Bay Bancorp), Merger Agreement (Greater Bay Bancorp), Stock Purchase Agreement (Greater Bay Bancorp)

Attorneys’ Fees. If any legal action, action or any arbitration or other proceeding, proceeding is brought for the enforcement or interpretation of this Agreement, or because of an alleged dispute, breach breach, default or default misrepresentation in connection with any of the provisions of or related to this Agreement, the successful or prevailing party shall be entitled to recover reasonable attorneys' fees and other costs incurred in connection with that action or proceeding, including any appeal of such action or proceeding, in addition to any other relief to which that party it or they may be entitled.

Appears in 9 contracts

Samples: Consulting Agreement (Ecoark Holdings, Inc.), Consulting Agreement (Blue Star Foods Corp.), Independent Consulting Agreement (Arete Industries Inc)

Attorneys’ Fees. If any a legal action, arbitration action or other proceeding, proceeding is brought for the enforcement of this Agreement, or agreement because of an alleged dispute, breach breach, default, or default misrepresentation in connection with any of the provisions of this Agreementagreement, the successful or prevailing party shall be entitled to recover reasonable attorneys' fees and other costs incurred in that action or proceedingincurred, including any appeal of such action or proceedingboth before and after judgment, in addition to any other relief to which that party they may be entitled.

Appears in 8 contracts

Samples: Employment Agreement (Intuit Inc), Separation Agreement (Intuit Inc), Employment Agreement (Intuit Inc)

Attorneys’ Fees. If In the event either party shall bring any action or legal action, arbitration or other proceeding, is brought proceeding for the enforcement an alleged breach of any provision of this AgreementAgreement or to enforce, protect or because establish any term or covenant of an alleged dispute, breach this Agreement or default in connection with any right of the provisions of either party under this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees and other costs incurred in that action or proceeding, including any appeal as part of such action or proceeding, or in addition to any other relief to which a separate action brought for that party purpose, reasonable attorneys' fees and court costs as may be entitledfixed by the court.

Appears in 8 contracts

Samples: Employment Agreement (Granite Construction Inc), Employment Agreement (Granite Construction Inc), Employment Agreement (Granite Construction Inc)

Attorneys’ Fees. If any a legal action, arbitration action or other proceeding, proceeding is brought for the enforcement of this Agreement, or Employment Agreement because of an alleged dispute, breach breach, default, or default misrepresentation in connection with any of the provisions of this Employment Agreement, the successful or prevailing party shall be entitled to recover reasonable attorneys' fees and other costs incurred in that action or proceedingincurred, including any appeal of such action or proceedingboth before and after judgment, in addition to any other relief to which that party they may be entitled.

Appears in 8 contracts

Samples: Employment Agreement, Employment Agreement (Cepheid), Employment Agreement (Intersil Corp/De)

Attorneys’ Fees. If In the event that any legal action, arbitration suit, arbitration, or other proceeding, proceeding is brought for the enforcement of this Agreement, instituted concerning or because of an alleged dispute, breach or default in connection with any of the provisions arising out of this Agreement, the prevailing party shall be entitled to recover all of such party's costs, including reasonable attorneys' fees and other costs fees, incurred in that action each and every such action, suit, arbitration, or other proceeding, including any appeal of such action and all appeals or proceeding, in addition to any other relief to which that party may be entitledpetitions therefrom.

Appears in 8 contracts

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

Attorneys’ Fees. If any legal action, action or any arbitration or other proceeding, is brought for the enforcement of this Agreement, Agreement or because of an alleged dispute, breach or default in connection with any of the provisions of this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees and other costs and expenses incurred in that action or proceeding, including any appeal of such action or proceeding, in addition to any other relief to which that party it may be entitled.

Appears in 8 contracts

Samples: Shareholder Agreement (Central Valley Community Bancorp), Nonsolicitation Agreement (Central Valley Community Bancorp), Shareholder Agreement (Central Valley Community Bancorp)

Attorneys’ Fees. If any legal action, arbitration action or other proceeding, proceeding is brought for the enforcement or interpretation of this Agreement, or because of an alleged dispute, dispute or breach or default in connection with any of the provisions of this Agreement, the successful or prevailing party shall be entitled to recover reasonable attorneys' fees and other costs incurred in connection with that action or proceeding, including and in any petition for appeal of such action or proceedingreview therefrom, in addition to any other relief to which that party it may be entitled.

Appears in 7 contracts

Samples: Employment Agreement (Crown Pacific Partners L P), Employment Agreement (Crown Pacific Partners L P), Employment Agreement (Crown Pacific Partners L P)

Attorneys’ Fees. If any legal action, arbitration action or other proceeding, proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach breach, default, or default misrepresentation in connection with any of the provisions of this Agreement, the prevailing party or parties shall be entitled to recover reasonable attorneys' attorney’s fees and all other costs incurred in that action or proceeding, including any appeal of such action or proceeding, in addition to any other relief to which that party it may be entitled.

Appears in 7 contracts

Samples: Solar Garden Subscription Agreement, Solar Garden Subscription Agreement, Solar Garden Subscription Agreement

Attorneys’ Fees. If any legal actionsuit, action or arbitration proceeding arising out of or other proceeding, related to this Agreement is brought for the enforcement of this Agreement, or because of an alleged dispute, breach or default in connection with by any of the provisions of this Agreementparty, the prevailing party shall or Parties will be entitled to recover reasonable attorneys' fees and other costs incurred by such party or Parties in that such suit, action or proceeding, including without limitation any appeal post-trial or appellate proceeding, or in the collection or enforcement of any judgment or award entered or made in such suit, action or proceeding, in addition to any other relief to which that party may be entitled.

Appears in 7 contracts

Samples: Conformity Assessment Body Product Registration and Maintenance Agreement, License and Participating Manufacturer Agreement, License and Participating Manufacturer Agreement

Attorneys’ Fees. If any legal action, arbitration or other proceeding, proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach or default in connection with any of the provisions of this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees and other costs incurred in that action or proceeding, including any appeal of such action or proceeding, in addition to any other relief to which that party may be entitled.

Appears in 7 contracts

Samples: Noncompetition Agreement (Kilroy Realty, L.P.), Noncompetition Agreement (Kilroy Realty, L.P.), Stock Option Agreement (Price Reit Inc)

Attorneys’ Fees. If any legal action, action or any arbitration or other proceeding, upon mutual agreement is brought for the enforcement of this Agreement, Agreement or because of an alleged dispute, breach controversy, breach, or default in connection with any of the provisions of this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees and all other reasonable costs and expenses incurred in that action or proceeding, including any appeal of such action or proceeding, in addition to any other relief to which that party it may be entitled.

Appears in 7 contracts

Samples: Merger Agreement (Sl Industries Inc), Agreement and Plan of Reorganization (Pelican Financial Inc), Merger Agreement (Greater Bay Bancorp)

Attorneys’ Fees. If any legal action, action or any arbitration or other proceeding, proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach breach, default, or default misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys' fees and other costs incurred in that action or proceeding, including any appeal of such action or proceeding, in addition to any other relief to which that party it may be entitled.

Appears in 7 contracts

Samples: Subscription Agreement (T-Bamm), Subscription Agreement (T-Bamm), Subscription Agreement (Vendingdata Corp)

Attorneys’ Fees. If any a legal action, arbitration action or other proceeding, proceeding is brought for the enforcement of this Agreement, or Agreement because of an alleged dispute, breach breach, default, or default misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party shall be entitled to recover reasonable attorneys' attorney's fees and other costs incurred in that action or proceeding, including any appeal of such action or proceedingcost incurred, in addition to any other relief to which that party they may be entitled.

Appears in 6 contracts

Samples: Employment Agreement (Asta Funding Inc), Employment Agreement (Asta Funding Inc), Employment Agreement (Asta Funding Inc)

Attorneys’ Fees. If any legal action, arbitration Action or other proceeding, is brought Proceeding for the enforcement of this Agreement, Agreement is brought with respect to or because of an alleged dispute, breach breach, default or default misrepresentation in connection with any of the provisions of this Agreementhereof, the successful or prevailing party Party shall be entitled to recover reasonable attorneys' fees and other costs incurred in that action Action or proceeding, including any appeal of such action or proceedingProceeding, in addition to any other relief to which that party it may be entitled.

Appears in 6 contracts

Samples: Stock Purchase Agreement, Stock Purchase Agreement (Lightpath Technologies Inc), Purchase Agreement (General Cable Corp /De/)

Attorneys’ Fees. If any legal action, action or any arbitration or other proceeding, upon mutual agreement is brought for the enforcement of this Agreement, Agreement or because of an alleged dispute, breach or default in connection with any of the provisions of this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees and other costs and expenses incurred in that action or proceeding, including any appeal of such action or proceeding, in addition to any other relief to which that party it may be entitled.

Appears in 6 contracts

Samples: Merger Agreement (Humboldt Bancorp), Merger Agreement (Tehama Bancorp), Shareholder Agreement (Western Sierra Bancorp)

Attorneys’ Fees. If any legal action, action or any arbitration or other proceeding, proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach breach, default or default misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover such reasonable attorneys' attorneys fees and other costs incurred in that action or proceeding, including any appeal of such action or proceeding, in addition to any other relief to which that party it or they may be entitled., as may be ordered in connection with such proceeding. * * * * *

Appears in 6 contracts

Samples: Registration Rights Agreement (Opus360 Corp), Registration Rights Agreement (Opus360 Corp), Registration Rights Agreement (Opus360 Corp)

Attorneys’ Fees. If any legal action, arbitration action or other proceeding, proceeding (including arbitration pursuant to this Agreement) is brought for the enforcement of this Agreement, or because of an any alleged dispute, breach breach, default or default misrepresentation in connection with any of the provisions of this Agreement, the prevailing party shall will be entitled to recover reasonable attorneys' fees attorneys fees, court costs and other all reasonable expenses, even if not taxable or assessable as court costs (including, without limitation, all such fees, costs and expenses incident to appeal) incurred in that action or proceeding, including any appeal of such action or proceeding, proceeding in addition to any other relief to which that such party may be entitled.

Appears in 6 contracts

Samples: Advisory Agreement (Kronos Advanced Technologies Inc), Advisory Agreement (Kronos Advanced Technologies Inc), Advisory Agreement (Kronos Advanced Technologies Inc)

Attorneys’ Fees. If any legal action, arbitration action or other proceeding, proceeding is brought for the enforcement of this Agreement, Agreement or because of an alleged any dispute, breach breach, default or default in connection with any of the provisions of this Agreementclaim hereunder, the successful or prevailing party shall be entitled to recover reasonable attorneys' fees and other costs it incurred in that action or proceeding, including any appeal of such action or proceeding, in addition to any other relief to which that party it may be entitled.

Appears in 6 contracts

Samples: Asset Purchase Agreement (Waterpur International Inc), Stock Purchase Agreement (Mercury Capital Corp), Merger Agreement (Czikmantori Josef)

Attorneys’ Fees. If any legal action, arbitration or other proceeding, action is brought for the enforcement of this Agreement, or because of an alleged dispute, breach or default in connection with or arising out of any of the provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys' fees and other costs incurred in that action or proceeding, including any appeal the prevailing party’s share of such action or proceedingthe arbitrator’s expenses and administrative fees of arbitration, in addition to any other relief to which that such party or parties may be entitled.

Appears in 6 contracts

Samples: Executive Employment Agreement (Talon International, Inc.), Executive Employment Agreement (Talon International, Inc.), Executive Employment Agreement (Talon International, Inc.)

Attorneys’ Fees. If Except as otherwise specifically provided herein, in any legal actionsuit, arbitration action or other proceeding, is brought for the enforcement appeal (including arbitration) to enforce this Agreement or any term or provision of this Agreement, or because of an alleged dispute, breach or default in connection with any of the provisions of to interpret this Agreement, the prevailing party shall be entitled to recover its costs incurred, including reasonable attorneys' fees and other costs incurred in that action at trial or proceeding, including any appeal of such action or proceeding, in addition to any other relief to which that party may be entitledon appeal.

Appears in 6 contracts

Samples: Asset Purchase Agreement (Mystic Holdings Inc./Nv), Asset Purchase Agreement (Mystic Holdings Inc./Nv), Asset Purchase Agreement (Terra Tech Corp.)

Attorneys’ Fees. If any legal action, action or any arbitration or --------------- other proceeding, proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach breach, default or default misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover such reasonable attorneys' fees and other costs incurred in that action or proceeding, including any appeal of such action or proceeding, in addition to any other relief to which that party it or they may be entitled, as may be ordered in connection with such proceeding.

Appears in 6 contracts

Samples: Stockholders Agreement (Unilab Corp /De/), Stockholders Agreement (Endo Pharmaceuticals Holdings Inc), Employee Stockholders Agreement (Endo Pharmaceuticals Holdings Inc)

Attorneys’ Fees. If any legal action, arbitration action or other proceeding, proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach breach, default or default misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party shall be entitled to recover such reasonable attorneys' fees and other costs incurred in that action or proceeding, including any appeal of such action or proceeding, in addition to any other relief to which that party it may be entitled, as may be awarded by the court or arbitrator.

Appears in 5 contracts

Samples: Employment Agreement (Medicor LTD), Employment Agreement (Medicor LTD), Employment Agreement (Medicor LTD)

Attorneys’ Fees. If any legal action, arbitration or other proceeding, In the event that suit is brought for the enforcement of this AgreementAgreement or as the result of any alleged breach thereof, or because of an alleged dispute, breach or default in connection with any of the provisions other court action occurs arising out of this Agreement, the prevailing party or parties in such suit shall be entitled to recover their reasonable attorneys' fees ’ fees, costs, and other costs incurred expenses from the losing party or parties, and any judgment or decree rendered in that action or proceeding, including any appeal of such action or proceeding, in addition to any other relief to which that party may be entitledproceedings shall include an award thereof.

Appears in 5 contracts

Samples: Right of Entry and Access Agreement, Right of Entry and Access Agreement, Right of Entry and Access Agreement

Attorneys’ Fees. If In the event of any legal actiondispute or controversy arising out of this Agreement or in connection with the interpretation of any term or condition of this Agreement, arbitration or other proceeding, is brought for the enforcement of this Agreement, damages for breach of any provision hereof, or because of an alleged dispute, breach or default in connection with the situation where any of the provisions provision of this AgreementAgreement is validly asserted as a defense, the prevailing party shall be entitled to recover costs of suit, including reasonable attorneys' fees and actually incurred, from the other costs incurred in that action or proceeding, including any appeal of such action or proceeding, party in addition to any other relief to which that party may be entitledavailable remedy.

Appears in 5 contracts

Samples: Settlement Agreement (Blockbuster Inc), Exchange and Standstill Agreement (Gamco Investors, Inc. Et Al), Exchange and Standstill Agreement (Gamco Investors, Inc. Et Al)

Attorneys’ Fees. If any legal action, arbitration or other proceeding, action is brought for the enforcement of this Agreement, or because of an alleged dispute, breach breach, default or default misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys' fees and other costs incurred in that action or proceeding, including any appeal of such action or proceeding, in addition to any other relief to which that party it or they may be entitled.

Appears in 5 contracts

Samples: Advisory Agreement (Universal Health Services Inc), Advisory Agreement (Universal Health Realty Income Trust), Advisory Agreement (Senior Housing Properties Trust)

Attorneys’ Fees. If any claim, legal action, action or any arbitration or other proceeding, proceeding is brought for the enforcement of this Agreement, the Agreement or because of an alleged a dispute, breach breach, default or default misrepresentation in connection with any of the provisions of this the Agreement, the successful or prevailing party shall be entitled to recover reasonable attorneys' fees and other costs incurred in that action or proceedingclaim, including any appeal of such action or proceeding, in addition to any other relief to which that such party may be entitled.

Appears in 5 contracts

Samples: Commercial Mortgage Servicing Oversight Agreement (Pennymac Financial Services, Inc.), Commercial Mortgage Servicing Oversight Agreement (PennyMac Mortgage Investment Trust), Commercial Mortgage Servicing Oversight Agreement (Pennymac Financial Services, Inc.)

Attorneys’ Fees. If any legal In the event an action, arbitration or other proceedingincluding arbitration, if any, is brought for the enforcement of this Agreementto enforce any provision of, or because of an alleged disputeto declare a breach of, breach or default in connection with any of the provisions of this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees and other costs incurred in that action or proceeding, including any appeal of such action or proceedingrecover, in addition to any other relief to which that party may be entitledamounts awarded, reasonable legal costs, including the attorneys’ fees incurred by the prevailing party.

Appears in 5 contracts

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

Attorneys’ Fees. If any legal action, arbitration action or other proceeding, proceeding is brought for the enforcement of this Agreement, Agreement or because of an alleged dispute, breach breach, default or default misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party shall be entitled to recover reasonable attorneys' fees, and other fees and other costs costs, incurred in that action or proceeding, including any appeal of such action or proceeding, in addition to any other relief to which that party it may be entitled.

Appears in 5 contracts

Samples: Unit Purchase (Buy Sell) Agreement (Voyager Entertainment International Inc), Unit Purchase Agreement (Voyager Entertainment International Inc), Unit Purchase Agreement (Voyager Entertainment International Inc)

Attorneys’ Fees. If any legal action, arbitration or other proceeding, Action is brought for the enforcement of this Agreement, or because of an alleged dispute, breach breach, default or default misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party shall be entitled to recover reasonable attorneys' fees and other costs incurred in that action or proceeding, including any appeal of such action or proceedingAction, in addition to any other relief to which that party it may be entitled.

Appears in 5 contracts

Samples: Asset and Equity Purchase Agreement (Cytori Therapeutics, Inc.), Asset and Equity Purchase Agreement (Cytori Therapeutics, Inc.), Asset Purchase Agreement (Tree.com, Inc.)

Attorneys’ Fees. If any legal action, arbitration or other --------------- proceeding, is brought for the enforcement of this Agreement, or because of an alleged dispute, breach or default in connection with any of the provisions of this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees and other costs incurred in that action or proceeding, including any appeal of such action or proceeding, in addition to any other relief to which that party may be entitled.

Appears in 5 contracts

Samples: Employment Agreement (Kilroy Realty Corp), Employment Agreement (Kilroy Realty Corp), Employment Agreement (Kilroy Realty Corp)

Attorneys’ Fees. If any legal action, arbitration a civil action or other proceeding, proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach or default in connection with any of the provisions of to enforce this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees attorney's fees, costs, and other costs incurred in that action or proceeding, including any appeal of such action or proceedingexpenses incurred, in addition to any other relief to which that such party may be entitled, whether incurred before or after the filing of a civil action or the entry of judgment.

Appears in 5 contracts

Samples: Separation Agreement (Merit Medical Systems Inc), Separation Agreement (Merit Medical Systems Inc), Separation Agreement (Merit Medical Systems Inc)

Attorneys’ Fees. If any legal action, action or any arbitration or other proceeding, proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach breach, default or default misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover such reasonable attorneys' fees and other costs incurred in that action or proceeding, including any appeal of such action or proceeding, in addition to any other relief to which that party it or they may be entitled, as may be ordered in connection with such proceeding.

Appears in 5 contracts

Samples: Employee Stockholders Agreement, Asset Purchase Agreement (Network 1 Security Solutions Inc), Piggyback Registration Rights Agreement (Manitex International, Inc.)

Attorneys’ Fees. If any a legal action, arbitration action or other proceeding, proceeding is brought for the enforcement of this Agreement, or agreement because of an alleged dispute, breach breach, default, or default misrepresentation in connection with any of the provisions of this Agreementagreement, the successful or prevailing party shall be entitled to recover reasonable attorneys' fees and other costs incurred in that action or proceedingincurred, including any appeal of such action or proceedingboth before and after judgment, in addition to any other relief to which that party they may be entitled.

Appears in 5 contracts

Samples: Employment Agreement (Vicinity Corp), Employment Agreement (Silicon Image Inc), Employment Agreement (Symantec Corp)

Attorneys’ Fees. If any legal action, arbitration or other proceeding, proceeding is brought for involving a dispute between the enforcement parties or arising out of the execution of this Agreement, Agreement or because of an alleged dispute, breach or default in connection with any sale of the provisions of this AgreementProperty, the prevailing party shall be entitled to recover its costs and reasonable attorneys' attorney's fees and other costs incurred in that action or proceeding, including any appeal of such action or proceeding, in addition to any other relief to which that such party may be entitled.

Appears in 5 contracts

Samples: Purchase and Sale Agreement, Purchase and Sale Agreement, Purchase and Sale Agreement

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Attorneys’ Fees. If any legal action, action(s) or any arbitration or other proceeding, proceeding(s) is brought for the enforcement or interruption of this the Agreement, or because of an alleged dispute, breach breach, default or default misrepresentation in connection with any of the provisions of or related to this Agreement, the successful or prevailing party shall be entitled to recover reasonable attorneysattorney's' fees and other costs incurred in connection with that action action(s) or proceeding, including any appeal of such action or proceedingproceeding(s), in addition to any other relief to which that party they may be entitled.

Appears in 5 contracts

Samples: Consulting Agreement (BMX Development Corp.), Consulting Agreement (Tactical Air Defense Services, Inc.), Consulting Services Agreement (Information Systems Associates, Inc.)

Attorneys’ Fees. If any legal action, arbitration action or other proceeding, proceeding is --------------- brought for the enforcement of this Agreement, or because of an alleged dispute, breach breach, default or default misrepresentation in connection with any of the provisions of this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees and other costs incurred in that action or proceeding, including any appeal of such action or proceeding, in addition to any other relief to which that party it may be entitled.

Appears in 5 contracts

Samples: Strategic Alliance Agreement (Interactive Flight Technologies Inc), Asset Purchase Agreement (Argosy Education Group Inc), Registration Rights Agreement (Amarfour LLC)

Attorneys’ Fees. If any a legal action, arbitration action or other proceeding, proceeding is brought for the enforcement of this Agreement, or agreement because of an alleged dispute, breach breach, default, or default misrepresentation in connection with any of the provisions of this Agreementagreement, the prevailing party shall be entitled to recover reasonable attorneys' fees and other costs incurred in that action or proceedingincurred, including any appeal of such action or proceedingboth before and after judgment, in addition to any other relief to which that party they may be entitled.

Appears in 4 contracts

Samples: Employment Agreement (Veritas Software Corp /De/), Employment Agreement (Celerity Group Inc), Employment Agreement (Celerity Group Inc)

Attorneys’ Fees. If In any legal action, arbitration or other proceeding, is brought for the enforcement of this Agreement, or because of an alleged dispute, breach or default in connection with any of litigation to enforce the provisions of this Agreement, the prevailing party Party in such action shall be entitled to recover the recovery of its reasonable legal fees and expenses (including reasonable attorneys' fees and other legal costs), fees of the arbitrator, costs incurred in that action and expenses such as expert witness fees, as fixed by the arbitrator or proceeding, including any appeal court without necessity of such action or proceeding, in addition to any other relief to which that party may be entitlednoticed motion.

Appears in 4 contracts

Samples: Wind Turbine Supply Agreement, Warranty Agreement (Madison Gas & Electric Co), Wind Turbine Supply Agreement (Madison Gas & Electric Co)

Attorneys’ Fees. If In the event any legal actionaction in law or equity, --------------- arbitration or other proceeding, proceeding is brought for the enforcement of this Agreement, Agreement or because of an alleged dispute, breach or default in connection with any of the provisions of this Agreement, the prevailing party or parties shall be entitled to recover reasonable its attorneys' fees and other costs reasonably incurred in that action or proceeding, including any appeal of such action or proceeding, in addition to any other relief to which that party may be entitled.

Appears in 4 contracts

Samples: Note and Warrant Purchase Agreement (Marketfirst Software Inc), Note and Warrant Purchase Agreement (Prosoft I Net Solutions Inc), Registration Rights Agreement (Prosofttraining Com)

Attorneys’ Fees. If any legal action, arbitration party to this Agreement shall institute or other proceeding, is brought for the enforcement of ---------------- any action or proceeding to interpret or enforce this Agreement, or because to obtain damages by reason of an any alleged dispute, breach or default in connection with any of the provisions of this Agreement, the prevailing party shall be entitled to recover costs of suit or arbitration and a reasonable attorneys' fees and other costs incurred in that action or proceedingsum for attorneys fees, including any appeal all of which shall be deemed to have accrued upon the commencement of such action or proceeding, in addition to any other relief to which that party may be entitledaction.

Appears in 4 contracts

Samples: Independent Contractor/Consulting Agreement (Single Source Financial Services Corp), Independent Contractor/Consulting Agreement (Single Source Financial Services Corp), Independent Contractor/Consulting Agreement (Single Source Financial Services Corp)

Attorneys’ Fees. If any legal action, action or any arbitration or other proceeding, proceeding is brought for the enforcement or interpretation of this Agreement, or because of an alleged dispute, breach breach, default or default misrepresentation in connection with any of the provisions of or related to this Agreement, the successful or prevailing party shall be entitled to recover reasonable attorneys' fees and other reasonable costs incurred in that action or proceeding, including any appeal of connection with such action or proceeding, in addition to any other relief to which that party it may be entitled.

Appears in 4 contracts

Samples: Consulting Agreement (Alzamend Neuro, Inc.), Consulting Agreement (Alzamend Neuro, Inc.), Consulting Agreement (DPW Holdings, Inc.)

Attorneys’ Fees. If any legal action, arbitration action or other proceeding, proceeding is brought for the enforcement of this Agreement, or because of an any alleged dispute, breach breach, default or default misrepresentation in connection with any of the provisions of this AgreementAgreement and such action is successful, the prevailing party parties shall be entitled to recover reasonable attorneys' fees attorney’s fees, court costs and other all reasonable expenses, even if not taxable or assessable as court costs (including, without limitation, all such fees, costs and expenses incident to appeal) incurred in that action or proceeding, including any appeal of such action or proceeding, proceeding in addition to any other relief to which that such party may be entitled.

Appears in 4 contracts

Samples: Purchase and Sale Agreement (Supernus Pharmaceuticals, Inc.), Purchase and Sale Agreement, Property Management Agreement

Attorneys’ Fees. If any legal action, action or any mutually agreed upon arbitration or other proceeding, proceeding is brought for the enforcement of this Agreement, Agreement or because of an alleged dispute, breach breach, default or default misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party shall be entitled to recover reasonable attorneys' fees and other costs incurred in that action or proceeding, including any appeal of such action or proceeding, in addition to any other relief to which that party it may be entitled.

Appears in 4 contracts

Samples: Share Exchange Agreement (Advanced Mineral Technologies, Inc), Asset Purchase Agreement (Action Fashions, Ltd.), Asset Purchase Agreement (Action Fashions, Ltd.)

Attorneys’ Fees. If any legal action, arbitration action or other proceeding, proceeding of any kind is brought for the enforcement of this Agreement, or because of an any alleged disputebreach, breach default, or default any other dispute in connection with any of the provisions provision of this Agreement, the successful or prevailing party shall be entitled to recover all reasonable attorneys' attorney’s fees and other costs incurred in that action or proceeding, including any appeal of such action or proceedingproceedings, in addition to any other relief to which that party it may be entitled.

Appears in 4 contracts

Samples: Confidentiality Agreement, Business Associate Agreement, Business Associate Agreement

Attorneys’ Fees. If any legal action, arbitration action or other proceeding, proceeding is brought for with respect to the enforcement subject matter of this Agreement, its enforcement or because as a result of an alleged disputea breach, breach default or default misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party shall be entitled to recover reasonable attorneys' fees and other costs incurred in that action or proceeding, including any appeal of such action or proceeding, in addition to any other relief to which that such party may be entitled.

Appears in 4 contracts

Samples: Interactive Services Agreement (College Television Network Inc), Co Branding and Marketing Agreement (Sandbox Entertainment Corp), Co Branding and Marketing Agreement (Sandbox Entertainment Corp)

Attorneys’ Fees. If any legal action, arbitration or other proceeding, is brought for the enforcement of this Agreement, or because of an alleged dispute, breach or default in connection with any of the provisions of this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees and other costs incurred in that action or proceeding, including any appeal of such action or proceeding, in addition to any other relief to which that party may be entitled.

Appears in 4 contracts

Samples: Employment Agreement (Alseres Pharmaceuticals Inc /De), Employment Agreement (Alseres Pharmaceuticals Inc /De), Change in Control and Noncompetition Agreement (Amb Property Corp)

Attorneys’ Fees. If any legal action, arbitration or other proceeding, proceedings is brought for the enforcement of this AgreementContract, or because of an alleged dispute, breach or default in connection with any of the provisions of this AgreementContract, the prevailing party shall be entitled to recover reasonable attorneys' fees and other costs incurred in that action or proceeding, including any appeal of such action or proceeding, in addition to any other relief to which that party may would be entitled.

Appears in 4 contracts

Samples: Employment Contract (Oasis Residential Inc), Employment Contract (Oasis Residential Inc), Employment Contract (Oasis Residential Inc)

Attorneys’ Fees. If any legal party files a suit or an action, arbitration or other proceedingcommences any proceeding (whether in arbitration, is brought for mediation or otherwise), to enforce the enforcement provisions of this Agreement, Agreement or because of an alleged dispute, breach or default in connection otherwise with any of respect to the provisions subject matter of this Agreement, the prevailing party shall be entitled to recover its reasonable attorneys' fees and other costs incurred in that action as fixed by the court or proceeding, including any appeal of such action or proceeding, in addition to any other relief to which that party may be entitledarbitrator.

Appears in 4 contracts

Samples: Asset Purchase Agreement, Asset Purchase Agreement (IPC the Hospitalist Company, Inc.), Asset Purchase Agreement (IPC the Hospitalist Company, Inc.)

Attorneys’ Fees. If In any legal action, arbitration suit brought to enforce the provisions of this Agreement or other proceeding, is brought for the enforcement of this Agreement, or because of an alleged dispute, breach or default in connection with to restrain the breach of any of the provisions terms of this Agreement, the prevailing party shall be entitled to receive from the other parties hereto named in such suit or arbitration a reasonable attorney's fee, whether incurred before, during or after trial or before, during or after appeal, or in collection, as determined by the Court in such suit or in a separate proceeding to recover reasonable attorneys' fees and other costs incurred in that action or proceeding, including any appeal of such action or proceeding, in addition to any other relief to which that party may be entitledsame.

Appears in 4 contracts

Samples: Buy Sell Agreement, Buy Sell Agreement, Buy Sell Agreement

Attorneys’ Fees. If any legal actionaction (including, without limitation, an action for arbitration or other proceeding, injunctive relief) is brought for relating to this Agreement or the enforcement of this Agreement, or because of an alleged dispute, breach or default in connection with any of the provisions of this Agreementalleged breach hereof, the prevailing party in any final judgment or arbitration award in any such action shall be entitled to recover receive from the other party the reasonable attorneys' fees (and all related costs and expenses), and all other costs and expenses paid or incurred by such prevailing party in that action or proceeding, including any appeal of connection with such action or proceeding, proceeding and in addition connection with enforcing any judgment or order with respect to any other relief to which that party may be entitledsuch matter.

Appears in 4 contracts

Samples: Independent Contractor Services Agreement (Adicet Bio, Inc.), Independent Contractor Services Agreement (resTORbio, Inc.), Independent Contractor Services Agreement (Emerald Bioscience, Inc.)

Attorneys’ Fees. If any a legal action, arbitration action or other proceeding, proceeding is brought for the enforcement of this Agreement, or Agreement because of an alleged dispute, breach breach, default, or default misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party shall be entitled to recover reasonable attorneys' fees and other costs incurred in that action or proceedingincurred, including any appeal of such action or proceedingboth before and after judgment, in addition to any other relief to which that party they may be entitled.

Appears in 4 contracts

Samples: Employment Agreement (Aquantia Corp), Employment Agreement (Aquantia Corp), Employment Agreement (Aquantia Corp)

Attorneys’ Fees. If any legal action, arbitration action or other proceeding, proceeding is brought for --------------- the enforcement of this Agreement, or because of an alleged dispute, breach breach, default or default misrepresentation in connection with any of the provisions of this Agreement, the prevailing party or parties shall be entitled to recover reasonable attorneys' fees and other costs incurred in connection with that action or proceeding, including any appeal before the filing of such action or proceedingsuit, in addition to any other relief to which that party it or they may be entitled.

Appears in 4 contracts

Samples: Partnership Interest Pledge and Security Agreement (American Leisure Holdings, Inc.), Partnership Interest Pledge and Security Agreement (American Leisure Holdings, Inc.), Partnership Interest Pledge and Security Agreement (American Leisure Holdings, Inc.)

Attorneys’ Fees. If any legal action, action or any arbitration or other proceeding, is brought for the enforcement of this Agreement, Agreement or because of an alleged dispute, breach controversy, breach, or default in connection with any of the provisions of this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees and all other reasonable costs and expenses incurred in that action or proceeding, including any appeal of such action or proceeding, in addition to any other relief to which that party it may be entitled.

Appears in 4 contracts

Samples: Merger Agreement (Whitehall Jewellers Inc), Merger Agreement (Whitehall Jewellers Inc), Agreement and Plan of Merger (Fox Acquisition Co)

Attorneys’ Fees. If In the event litigation is commenced to enforce any legal actionof the provisions of this Agreement, arbitration or other proceeding, is brought to recover damages for breach of any of the enforcement provisions of this Agreement, or because of an alleged dispute, breach or default to obtain declaratory relief in connection with any of the provisions of this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees and other costs incurred in that action costs, whether or proceeding, including any appeal of not such action or proceeding, in addition proceeds to any other relief to which that party may be entitledjudgment.

Appears in 4 contracts

Samples: Pledge and Security Agreement (Carlyle Real Estate LTD Partnership Ix), Security and Pledge Agreement (On Stage Entertainment Inc), Security and Pledge Agreement (On Stage Entertainment Inc)

Attorneys’ Fees. If any legal action, action or any arbitration or other proceeding, proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach breach, default or default misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover such reasonable attorneys' attorneys fees and other costs incurred in that action or proceeding, including any appeal of such action or proceeding, in addition to any other relief to which that party it or they may be entitled, as may be ordered in connection with such proceeding.

Appears in 4 contracts

Samples: Registration Rights Agreement (Ness Technologies Inc), Registration Rights Agreement (Ness Technologies Inc), Registration Rights Agreement (Tci Solutions Inc)

Attorneys’ Fees. If any claim, legal action, action or any arbitration or other proceeding, proceeding is brought for the enforcement of this Agreement, Agreement or because of an alleged a dispute, breach breach, default or default misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party shall be entitled to recover reasonable attorneys' fees and other costs incurred in that action or proceedingclaim, including any appeal of such action or proceeding, in addition to any other relief to which that such party may be entitled.

Appears in 4 contracts

Samples: Valuation Services Agreement (J.P. Morgan Real Estate Income Trust, Inc.), Broker Agreement, Master Repurchase Agreement (Taberna Realty Finance Trust)

Attorneys’ Fees. If any legal action, arbitration action or other proceeding, including arbitration or action for declaratory relief, is brought for the enforcement of this Agreement, Agreement or because of an alleged dispute, breach breach, default, or default misrepresentation in connection with any of the provisions of this Agreement, the prevailing party Prevailing Party (as defined below) shall be entitled to recover reasonable attorneys' fees and other costs incurred in that action or proceeding, including any appeal of such action or proceedingcosts, in addition to any other relief to which that the party may be entitled.

Appears in 4 contracts

Samples: Management Agreement (American Tonerserv Corp.), Asset Purchase Agreement (American Tonerserv Corp.), Asset Purchase Agreement (American Tonerserv Corp.)

Attorneys’ Fees. If any legal action, arbitration or other proceeding, proceeding is brought for to interpret or enforce the enforcement of this Agreement, or because of an alleged dispute, breach or default in connection with any of the provisions terms of this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees and any other costs incurred in that action or proceeding, including any appeal of such action or proceeding, in addition to any other relief to which that party may be it is entitled.

Appears in 4 contracts

Samples: Change of Control Agreement (Pericom Semiconductor Corp), Change of Control Agreement (Pericom Semiconductor Corp), Change of Control Agreement (Electroglas Inc)

Attorneys’ Fees. If any legal action, action or any arbitration or other proceeding, proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach breach, default, or default misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable actual attorneys' fees and other costs incurred in that action or proceeding, including any appeal of such action or proceeding, in addition to any other relief to which that party it may be entitled.

Appears in 3 contracts

Samples: Stock Purchase Agreement (Canbiola, Inc.), Stock Purchase Agreement (Immune Therapeutics, Inc.), Stock Purchase Agreement (Wrapmail, Inc.)

Attorneys’ Fees. If any legal action, action or arbitration or other proceeding, proceeding is brought for to enforce or construe the enforcement term of this Agreement, Agreement or because of an alleged dispute, breach or default in connection with any of the provisions provision of this Agreement, the successful or prevailing party shall be entitled to recover reasonable attorneys' attorneys fees and other costs incurred in that action action, arbitration or proceeding, including any appeal of such action or proceeding, proceeding in addition to any other relief to which that party it may be entitled.

Appears in 3 contracts

Samples: Test Rental and Use Agreement, Test Rental and Use Agreement, Test Rental and Use Agreement

Attorneys’ Fees. If In the event of any legal action, arbitration suit or other proceeding, is brought for the enforcement action to enforce or interpret any provision of this Agreement, Agreement (or because of an alleged dispute, breach or default in connection with any of the provisions of that is based on this Agreement), the prevailing party shall be is entitled to recover reasonable attorneys' fees and other costs incurred in that action or proceeding, including any appeal of such action or proceedingrecover, in addition to other costs, reasonable attorney fees in connection with the suit, action, or arbitration, and in any other relief appeals. The determination of who is the prevailing party and the amount of reasonable attorney fees to be paid to the prevailing party will be decided by the court or courts, including any appellate courts, in which that party may be entitledthe matter is tried, heard, or decided.

Appears in 3 contracts

Samples: Terms of Service, Operating Agreement, Operating Agreement

Attorneys’ Fees. If any legal action, arbitration action or other proceeding, proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach breach, default, or default misrepresentation in connection with any of the provisions of this Agreement, the prevailing party shall or parties .shall be entitled to recover reasonable attorneys' attorney's fees and all other costs incurred in that action or proceeding, including any appeal of such action or proceeding, in addition to any other relief to which that party it may be entitled.

Appears in 3 contracts

Samples: Trailer Rental Agreement, Trailer Rental Agreement, Trailer Rental Agreement

Attorneys’ Fees. If any legal action, action or arbitration or other proceeding, is brought for the enforcement of arises under this Agreement, arises by reason of any asserted breach of it, or because of an alleged dispute, breach or default arises between the parties and is related in connection with any way to the subject matter of the provisions of this Agreement, the prevailing party shall be entitled to recover all costs and expenses, including reasonable attorneys' ’ fees, arbitration costs, investigative costs, reasonable accounting fees and other costs incurred in that action or proceeding, including any appeal of such action or proceeding, in addition to any other relief to which that party may be entitledcharges for experts.

Appears in 3 contracts

Samples: Advisory Agreement (Lixte Biotechnology Holdings, Inc.), Advisory Agreement (Lixte Biotechnology Holdings, Inc.), Consulting Agreement (Lixte Biotechnology Holdings, Inc.)

Attorneys’ Fees. If any legal action, arbitration action or other proceeding, proceeding is brought for the enforcement of this Agreement, or because of an its alleged dispute, breach breach, default, or default misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party shall be entitled to recover reasonable attorneys' fees and other costs incurred in that action or proceeding, including any appeal of such action or proceeding, in addition to any other relief to which that party it may be entitled.

Appears in 3 contracts

Samples: Debenture and Note Purchase Agreement (Anderson Jack R), Debenture and Note Purchase Agreement (Safeguard Health Enterprises Inc), Agreement Among Stockholders (Anderson Jack R)

Attorneys’ Fees. If In the event of any legal action, arbitration or other proceeding, is brought for the enforcement of this Agreement, or because of an alleged dispute, breach or default in connection with any of the provisions of legal proceeding relating to this Agreement, the prevailing party in such proceeding shall be entitled to recover reasonable attorneys' fees and other costs incurred in that action or such proceeding, including or any appeal thereof, to be set by the arbitrators or the court without the necessity of such action hearing testimony or proceedingreceiving evidence, in addition to any other relief to which that party may be entitledthe costs and disbursements allowed by law.

Appears in 3 contracts

Samples: Executive Employment Agreement (Umpqua Holdings Corp), Executive Employment Agreement (Umpqua Holdings Corp), Executive Employment Agreement (Umpqua Holdings Corp)

Attorneys’ Fees. If any legal action, arbitration proceeding is initiated by any party to enforce this Agreement or other proceeding, is brought for otherwise with respect to the enforcement of this Agreement, or because of an alleged dispute, breach or default in connection with any of the provisions subject matter of this Agreement, the prevailing party or parties shall be entitled to recover reasonable attorneys' attorney's fees and other costs incurred in that action or proceeding, including any appeal of connection with such action or proceeding, in addition to any other relief to which that party may be entitledproceedings.

Appears in 3 contracts

Samples: Merger Agreement (Specialty Acquisition Corp), Agreement and Plan of Recapitalization and Merger (Specialty Catalog Corp), Agreement and Plan of Recapitalization and Merger (Specialty Catalog Corp)

Attorneys’ Fees. If In the event that either party is forced to bring any legal action, action or arbitration or other proceeding, is brought for the enforcement of this Agreement, or proceeding because of an alleged dispute, breach breach, default or default misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party shall be entitled to recover reasonable attorneys' fees and other court costs incurred in that action or proceeding, including any appeal pursuit of such action or proceedingthe legal action, in addition to any other relief to which that party they may be entitled.

Appears in 3 contracts

Samples: Reseller Agreement, Wholesaler Agreement, Affiliate Agreement

Attorneys’ Fees. If any legal action, arbitration or other proceeding, In the event a lawsuit is brought for the enforcement to enforce or interpret any part of this Agreement, Agreement or because the rights or obligations of an alleged dispute, breach or default in connection with any of the provisions of party to this Agreement, the prevailing party shall be entitled to recover such party’s costs of suit and reasonable attorneys' fees and other costs incurred in that action or proceeding’ fees, including any appeal of such action or proceeding, in addition to any other relief to which that party may be entitledthrough all appeals.

Appears in 3 contracts

Samples: Stock Purchase Agreement (Big Sky Industries Iii Inc), Stock Purchase Agreement (Big Sky Industries Ii Inc), Stock Purchase Agreement (Big Sky Industries Iv Inc)

Attorneys’ Fees. If any legal action, arbitration action or other proceeding, proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach breach, default or default misrepresentation in connection with any of the provisions of this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees and other costs incurred in that action or proceeding, including any appeal of such action or proceeding, in addition to any other relief to which that party it may be entitled.

Appears in 3 contracts

Samples: Asset Purchase Agreement (Printonthenet Com Inc), Stock Purchase Agreement (Printonthenet Com Inc), Asset Purchase Agreement (Printonthenet Com Inc)

Attorneys’ Fees. If any legal action, arbitration arbitration, or other proceeding, proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach breach, default, or default misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party shall or parties will be entitled to recover reasonable attorneys' attorney fees and other costs incurred in that action or proceeding, including any appeal of such action or proceeding, in addition to any other relief to which that party they may be entitled.

Appears in 3 contracts

Samples: Employment and Non Compete Agreement (Skullcandy, Inc.), Purchase and Sale Agreement (Infosonics Corp), Asset Purchase Agreement (Peabodys Coffee Inc/Nv)

Attorneys’ Fees. If In the event that either party to this Agreement commences any legal action, arbitration action or other proceeding, is brought for proceeding (including but not limited to arbitration) to interpret the enforcement of this Agreement, or because of an alleged dispute, breach or default in connection with any of the provisions terms of this Agreement, the prevailing party in such a proceeding shall be entitled to recover its reasonable attorneys' attorney’s fees and other costs incurred in associated with that legal action or proceeding, including any appeal of such action or proceeding, in addition to any other relief to which that party may be entitled.

Appears in 3 contracts

Samples: Purchase and Sale Agreement, Purchase and Sale Agreement, Purchase and Sale Agreement

Attorneys’ Fees. If any legal action, arbitration or other proceeding, action is brought for the enforcement of this Agreement, Settlement Agreement or because of an alleged dispute, breach or default in connection with any dispute arising out of it or the provisions claims which are the subject of this Settlement Agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees and any other costs incurred in that action or proceeding, including any appeal of such action or proceeding, litigation in addition to any other relief to which that the prevailing party may be entitled.

Appears in 3 contracts

Samples: Settlement Agreement (Lucas Energy, Inc.), Settlement Agreement (Victory Energy Corp), Settlement Agreement (Victory Energy Corp)

Attorneys’ Fees. If In the event any legal action, arbitration action or other proceeding, proceeding is brought for the enforcement of this Agreement, Agreement or because of an in connection with any alleged dispute, breach breach, default or default misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys' fees and or any other costs incurred in that action or proceeding, including connection with any appeal of such action or proceeding, in addition to any other relief to which that any such party may be entitled.

Appears in 3 contracts

Samples: Consulting Agreement (Smart-Tek Solutions Inc), Consulting Agreement (Smart-Tek Solutions Inc), Consulting Agreement (Smart-Tek Solutions Inc)

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