Cost of Enforcement; Interest. (i) If the Indemnified party engages the services of an attorney or any other third party or in any way initiates legal action to enforce his rights under this Agreement, including but not limited to the collection of monies due from the Corporation to the Indemnified Party, the prevailing party shall be entitled to recover all reasonable costs and expenses (including reasonable attorneys’ fees before and at trial and in appellate proceedings). Should the Indemnified Party prevail, such costs and expenses shall be in addition to monies otherwise due him under this Agreement.
(ii) If any monies shall be due the Indemnified Party from the Corporation under this Agreement and shall not be paid within 30 days from the date of written request for payment, interest shall accrue on such unpaid amount at the rate of 2% per annum in excess of the prime rate announced from time to time by Bank of America, or such lower rate as may be required to comply with applicable law from the date when due until it is paid in full.
Cost of Enforcement; Interest. In the event that Executive collects any part or all of the payments or benefits due hereunder or otherwise enforces the terms of this Agreement following a dispute with Employer regarding the terms of this Agreement by or through a lawyer or lawyers, Employer will pay all costs of such collection or enforcement, including reasonable attorneys' and accountants' fees and other out-of-pocket expenses incurred by the Executive, up to that point when Employer offers to settle the dispute for an amount equal to the amount which the Executive actually recovers; provided, however, that if the Executive violates any provision of Section 4, this Section 7 shall be void and of no further force and effect.
Cost of Enforcement; Interest. 1. If either party to this Agreement engages the services of an attorney or any other third party or in any way initiates legal action to enforce the party's rights under this Agreement, including but not limited to the collection of monies due, the prevailing party in such action shall be entitled to recover all Expenses incurred in connection therewith. Should the Indemnitee prevail, such Expenses shall be in addition to monies otherwise due the Indemnitee under this Agreement.
2. If any amount shall be due or payable under this Agreement (including under an Expense Advance Request) and shall not be paid within 30 days from the date as of which the obligation to make such payment arises, interest shall accrue on such unpaid amount from the date when due until it is paid in full at the rate of 2% per annum in excess of the prime rate published from time to time in THE WALL STREET JOURNAL in its "Money Rates" column or any similar or successor column or feature, or such lower rate as may be required to comply with applicable law.
Cost of Enforcement; Interest. If the Executive collects any part of the Severance Amount or other benefits hereunder or otherwise enforces the terms of this Agreement through a lawyer or lawyers, the Corporation shall pay all cost of such collection or enforcement, including reasonable legal fees incurred by the Executive. In addition the Corporation shall pay the Executive interest on all or any part of the Severance Amount or other benefits hereunder that is not paid when due at a rate equal to the Prime Rate as announced by the Wall Street Journal in its Money Rates column from time to time.
Cost of Enforcement; Interest. (i) If the Indemnified Party engages the services of an attorney or any other third party or in any way initiates legal action to enforce his rights under this Agreement, including but not limited to the collection of monies due from the Corporation to the Indemnified Party, the prevailing party shall be entitled to recover all reasonable costs and expenses (including reasonable attorneys' fees before and at trial, in appellate proceedings and otherwise). Should the Indemnified Party prevail, such costs and expenses shall be in addition to monies otherwise due the Indemnified Party under this Agreement.
(ii) If any monies shall be due the Indemnified Party from the Corporation under this Agreement (including under an Expense Advance Request) and shall not be paid within 30 days from the date of written request for payment, interest shall accrue on such unpaid amount at the rate of 2% per annum in excess of the prime rate announced from time to time by Citibank, New York, New York, or such lower rate as may be required to comply with applicable law from the date when due until it is paid in full.
Cost of Enforcement; Interest. If, within thirty (30) days after demand to comply with the obligations of one of the parties to this Agreement served in writing on the other, compliance or reasonable assurance of compliance is not forthcoming, and the other party engages the services of an attorney to enforce rights under this Agreement, the prevailing party in any action shall be entitled to recover all reasonable costs and expenses (including reasonable fees of attorneys and legal assistants, whenever incurred, whether before trial or appellate proceeding, at trial, on appeal or otherwise).
Cost of Enforcement; Interest. The prevailing party in any action brought under this Agreement shall be entitled to recover all reasonable costs and expenses (including reasonable attorneys’ fees before and at trial and in appellate proceedings). If any monies shall be due either of the Parties to this Agreement hereunder and shall not be paid within ten (10) days from the date of written request for payment, interest shall accrue on such unpaid amount at the rate of ten (10%) percent per annum, or any lower rate as may be required to comply with applicable law.
Cost of Enforcement; Interest. If, within ten (10) days after a demand to comply with the obligations of this Agreement is served in writing on a party, compliance or reasonable assurance of compliance is not forthcoming, and the requesting party engaged the services of an attorney to enforce his or its rights under this Agreement, the prevailing party in any action shall be entitled to recover from the other party or parties all reasonable costs and expenses incurred by the prevailing party (including reasonable legal fees and expenses, whenever incurred, whether before trial or appellate proceeding, at trial, on appeal or otherwise).
Cost of Enforcement; Interest i. If either party to this Agreement engages the services of an attorney or any other third party or in any way initiates legal action to enforce the party's rights under this Agreement, including but not limited to the collection of monies due, the prevailing party in such action shall be entitled to recover all Expenses incurred in connection therewith. Should the Indemnitee prevail, such Expenses shall be in addition to monies otherwise due the Indemnitee under this Agreement. INDEMNIFICATION AGREEMENT PAGE 12 --------------------------------------------------------------------------------
ii. If any amount shall be due or payable under this Agreement (including under an Expense Advance Request) and shall not be paid within 30 days from the date as of which the obligation to make such payment arises, interest shall accrue on such unpaid amount from the date when due until it is paid in full at the rate of 2% per annum in excess of the prime rate published from time to time in The Wall Street Journal in its "Money Rates" column or any similar or successor column or feature, or such lower rate as may be required to comply with applicable law.
Cost of Enforcement; Interest. (i) If the Indemnified Party engages the services of an attorney or any other third party or in any way initiates legal action to enforce his rights under this Agreement, including but not limited to the collection of monies due from the Corporation to the Indemnified Party, the prevailing party shall be entitled to recover all reasonable costs and expenses (including reasonable attorneys' fees before and at trial, in appellate proceedings and otherwise). Should the Indemnified Party prevail, such costs and expenses shall be in addition to monies otherwise due him under this Agreement.