Common use of Cost of Litigation Clause in Contracts

Cost of Litigation. In any action at law or in equity or any arbitration to enforce any of the provisions or rights under this Agreement, the unsuccessful party to such litigation, as determined by the court or arbitrator in a final judgment or decree, shall pay the successful party or parties all costs, expenses and reasonable attorneys' fees incurred by the successful party or parties (including without limitation costs, expenses and fees on any appeals), and if the successful party recovers judgment in any such action or proceeding, such costs, expenses and attorneys' fees shall be included as part of the judgment.

Appears in 12 contracts

Samples: Stock Option Agreement (American Film Technologies Inc /De/), Stock Option Agreement (American Film Technologies Inc /De/), Stock Option Agreement (American Film Technologies Inc /De/)

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Cost of Litigation. In any action at law or in equity or any arbitration to enforce any of the provisions or rights under this Agreement, the unsuccessful party to such litigation, as determined by the court or arbitrator in a final judgment or decree, shall pay the successful party or parties all costs, expenses and reasonable attorneys' fees incurred by the successful party or parties (including without limitation costs, expenses and fees on in any appealsappellate proceedings), and if the successful party recovers judgment in any such action or proceeding, such costs, expenses and attorneys' attorney’s fees shall be included as part of the judgment.

Appears in 9 contracts

Samples: Non Qualified Stock Option Agreement (Realnetworks Inc), Stock Appreciation Right Agreement (Realnetworks Inc), Performance Restricted Stock Units Agreement (Realnetworks Inc)

Cost of Litigation. In any action at law or in equity or any arbitration to enforce any of the provisions or rights under this Agreement, the unsuccessful party to such litigation, as determined by the court or arbitrator in a final judgment judgement or decree, shall pay the successful party or parties all costs, expenses and reasonable attorneys' fees incurred by the successful party or parties (including without limitation costs, expenses and fees on in any appealsappellate proceedings), and if the successful party recovers judgment in any such action or proceeding, such costs, expenses and attorneys' attorney's fees shall be included as part of the judgment.

Appears in 4 contracts

Samples: Stock Option Agreement (Realnetworks Inc), Stock Option Agreement (Realnetworks Inc), Stock Option Agreement (Realnetworks Inc)

Cost of Litigation. In any action at law or in equity or any arbitration to enforce any of the provisions or rights under this Agreement, the unsuccessful party to such litigation, as determined by the court or arbitrator in a final judgment judgement or decree, shall pay the successful party or parties all costs, expenses and reasonable attorneys' fees incurred by the successful party or parties (including without limitation costs, expenses and fees on in any appealsappellate proceedings), and if the successful party recovers judgment in any such action or proceeding, such costs, expenses and attorneys' attorney’s fees shall be included as part of the judgment.

Appears in 2 contracts

Samples: Stock Option Agreement (Realnetworks Inc), Stock Option Agreement (Realnetworks Inc)

Cost of Litigation. In any action at law or in equity or any arbitration to enforce any of the provisions or rights under this Agreement, the unsuccessful party to such litigation, as determined by the court or arbitrator in a final judgment or decree, shall pay the successful party or parties all costs, expenses and reasonable attorneys' fees incurred by the successful party or parties (including without limitation costs, expenses and fees on in any appealsappellate proceedings), and if the successful party recovers judgment in any such action or proceeding, such costs, expenses and attorneys' attorney's fees shall be included as part of the judgment.

Appears in 2 contracts

Samples: Stock Option Agreement (Volu Sol Inc), Stock Option Agreement (Volu Sol Inc)

Cost of Litigation. In any action at law or in equity or any arbitration to enforce any of the provisions or rights under this AgreementAgreement or the Plan, the unsuccessful party to such litigation, as determined by the court or arbitrator in a of final judgment or decreedecrees, shall pay the successful party or parties all costs, expenses and reasonable attorneys' fees incurred by the successful party or parties (including without limitation costs, expenses and fees on any appeals), and if the successful party recovers judgment in any such action or proceeding, such costs, expenses and attorneys' fees shall be included as part of the judgment.

Appears in 1 contract

Samples: Stock Option Agreement (Kennedy Wilson Inc)

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Cost of Litigation. In any action at law or in equity or any ------------------ arbitration to enforce any of the provisions or rights under this Agreement, the unsuccessful party to such litigation, as determined by the court or arbitrator in a final judgment or decree, shall pay the successful party or parties all costs, expenses and reasonable attorneys' fees incurred by the successful party or parties (including without limitation costs, expenses and fees on any appeals), and if the successful party recovers judgment in any such action or proceeding, such costs, expenses and attorneys' fees shall be included as part of the judgment.

Appears in 1 contract

Samples: Director Stock Option Agreement (Cherokee Inc)

Cost of Litigation. In any action at law or in equity or any arbitration to enforce any of the provisions or rights under this Agreement, the unsuccessful party to such litigation, as determined by the court or arbitrator in a final judgment or decree, shall pay the successful party or parties all costs, expenses and reasonable attorneys' fees incurred by the successful party or parties (including without limitation costs, expenses and fees on in any appealsappellate proceedings), and if the successful party recovers judgment in any such action or proceeding, such costs, expenses and attorneys' fees shall be included as part of the judgment.

Appears in 1 contract

Samples: Stock Option Agreement (Realnetworks Inc)

Cost of Litigation. In any action at law or in equity or any arbitration to enforce any of the provisions or rights under this AgreementAgreement or the Plan, the unsuccessful party to such litigation, as determined by the court or arbitrator in a final judgment or decree, shall pay the successful party or parties all costs, expenses and reasonable attorneys' fees incurred by the successful party or parties (including without limitation costs, expenses and fees on any appeals), and if the successful party recovers judgment in any such action or proceeding, such costs, expenses and attorneys' fees shall be included as part of the judgment.

Appears in 1 contract

Samples: Nonstatutory Stock Option Agreement (Apex Pc Solutions Inc)

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