Common use of Costs and Attorney Fees Clause in Contracts

Costs and Attorney Fees. If a claim for amounts owed by Nonni's to MFB or its affiliates is asserted in any judicial proceeding or appeal thereof, or if MFB or Nonni's is required to enforce this Agreement in any judicial proceeding or appeal thereof, the party prevailing in such proceeding shall be entitled to reimbursement of its reasonable costs and expenses, including reasonable accounting and legal fees, whether incurred prior to, in preparation for, or in contemplation of the filing of any written demand, claim, action, hearing or proceeding to enforce the obligations of this Agreement. If MFB incurs expenses in connection with Nonni's failure to pay when due amounts owing to MFB, to submit when due any reports, information or supporting records or otherwise to comply with this Agreement, or if Nonni's incurs expenses in connection with MFB's failure to comply with this Agreement, including, but not limited to legal and accounting fees, the party incurring the expense shall be reimbursed by the other party for any such reasonable costs and expenses which it incurs.

Appears in 9 contracts

Samples: Trademark License Agreement, Trademark License Agreement (MRS Fields Financing Co Inc), Trademark License Agreement (MRS Fields Original Cookies Inc)

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Costs and Attorney Fees. If a claim for amounts owed by Nonni's to MFB MFOC or its affiliates is asserted in any judicial proceeding or appeal thereof, or if MFB MFOC or Nonni's is required to enforce this Agreement in any judicial proceeding or appeal thereof, the party prevailing in such proceeding shall be entitled to reimbursement of its reasonable costs and expenses, including reasonable accounting and legal fees, whether incurred prior to, in preparation for, or in contemplation of the filing of any written demand, claim, action, hearing or proceeding to enforce the obligations of this Agreement. If MFB MFOC incurs expenses in connection with Nonni's failure to pay when due amounts owing to MFBMFOC, to submit when due any reports, information or supporting records or otherwise to comply with this Agreement, or if Nonni's incurs expenses in connection with MFBMFOC's failure to comply with this Agreement, including, but not limited to legal and accounting fees, the party incurring the expense shall be reimbursed by the other party for any such reasonable costs and expenses which it incurs.

Appears in 1 contract

Samples: Trademark License Agreement (MRS Fields Financing Co Inc)

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