Breach/Specific Performance. (a) In the event either party breaches any of the terms and conditions of this Agreement, and the other party is required to employ legal counsel, or institute legal action, in order to enforce its rights under the terms and conditions of this agreement, the successful party shall be entitled to recover from the breaching party all expenses, attorney fees, court costs and other expenses incidental to said action. (b) In the event either party fails or refuses to carry out the terms and conditions of this Agreement in any respect, or to complete the transactions contemplated hereunder, the other party shall have the right, in addition to the recovery of all damages, incidental or consequential, as a result of said breach or failure, to obtain an order of specific performance of this Agreement in any court of competent jurisdiction.
Appears in 4 contracts
Samples: Merger Agreement (NBC Capital Corp), Merger Agreement (FFBS Bancorp Inc), Merger Agreement (NBC Capital Corp)
