Consequences of Violation of this Agreement. If it is finally determined by a court or arbitrator that a party has violated any of its promises contained in this Agreement, then such party shall reimburse the other party for all reasonable costs incurred by the other party, including reasonable attorneys’ fees, in enforcing or defending its rights under this Agreement. If a court or arbitrator does not specifically find that a party has violated any of its promises contained in this Agreement, then such court or arbitrator may not award such costs or fees against such party.
Appears in 6 contracts
Samples: Employment Agreement (SunEdison Semiconductor LTD), Employment Agreement (SunEdison Semiconductor Pte. Ltd.), Separation Agreement (Memc Electronic Materials Inc)
Consequences of Violation of this Agreement. If it is finally determined by a court or arbitrator that a either party has violated any of its the promises contained in this Agreement, then such party shall reimburse the other party for all reasonable costs incurred by the other party, including reasonable attorneys’ ' fees, in enforcing or defending its rights under this Agreement. If a court or arbitrator does not specifically find that a party has violated any of its promises contained in this Agreement, then such court or arbitrator may not award such costs or fees against such party.
Appears in 3 contracts
Samples: Retirement Agreement (Memc Electronic Materials Inc), Separation Agreement and General Release (Memc Electronic Materials Inc), Separation Agreement and General Release (Memc Electronic Materials Inc)
Consequences of Violation of this Agreement. If it is finally determined by a court or arbitrator that a party has violated any of its promises contained in this Agreement, then such party shall reimburse the other party for all reasonable costs incurred by the other party, including reasonable attorneys’ ' fees, in enforcing or defending its rights under this Agreement. If a court or arbitrator does not specifically find that a party has violated any of its promises contained in this Agreement, then such court or arbitrator may not award such costs or fees against such party.
Appears in 2 contracts
Samples: Separation Agreement (Memc Electronic Materials Inc), Separation Agreement (Memc Electronic Materials Inc)
Consequences of Violation of this Agreement. If it is finally determined by a court or arbitrator that a either party has violated any of its the promises contained in this Agreement, then such party shall reimburse the other party for all reasonable costs incurred by the other party, including reasonable attorneys’ fees, in enforcing or defending its rights under this Agreement. If a court or arbitrator does not specifically find that a party has violated any of its promises contained in this Agreement, then such court or arbitrator may not award such costs or fees against such party.
Appears in 1 contract
Samples: Retirement Agreement (Memc Electronic Materials Inc)
