Common use of Costs of Enforcement, Litigation Clause in Contracts

Costs of Enforcement, Litigation. In the event of any suit or proceeding seeking to enforce the terms, covenants, or conditions of this Agreement, the prevailing party shall, in addition to all other remedies and relief that may be available under this Agreement or applicable law, recover his or its reasonable attorneys' fees and costs as shall be determined and awarded by the court. Notwithstanding anything to the contrary contained in Section 20 above or elsewhere herein any controversy or dispute with respect to the terms of Section 16, 17, 18 or 19 of this Agreement will survive termination of this Agreement and shall be litigated in the state of federal courts of competent jurisdiction situated in Milwaukee, Wisconsin, to which jurisdiction and venue all parties consent.

Appears in 2 contracts

Samples: Employment Agreement (Merge Technologies Inc), Employment Agreement (Merge Technologies Inc)

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Costs of Enforcement, Litigation. In the event of any suit or proceeding seeking to enforce the terms, covenants, or conditions of this Agreement, the prevailing party shall, in addition to all other remedies and relief that may be available under this Agreement or applicable law, recover his or its reasonable attorneys' fees and costs as shall be determined and awarded by the court. Notwithstanding anything to the contrary contained in Section 20 above or elsewhere herein any Any controversy or dispute with respect to the terms of Section 14, 15, 16, 17, 17 or 18 or 19 of this Agreement will survive termination of this Agreement and shall be litigated in the state of or federal courts of competent jurisdiction situated in Milwaukee, WisconsinWisconsin or Atlanta, Georgia, to which jurisdiction and venue all parties consent.

Appears in 2 contracts

Samples: Employment Agreement (Merge Technologies Inc), Employment Agreement (Merge Technologies Inc)

Costs of Enforcement, Litigation. In the event of any suit or proceeding seeking to enforce the terms, covenants, or conditions of this Agreement, the prevailing party shall, in addition to all other remedies and relief that may be available under this Agreement or applicable law, recover his or its reasonable attorneys' fees and costs as shall be determined and awarded by the court. Notwithstanding anything to the contrary contained in Section 20 above or elsewhere herein any Any controversy or dispute with respect to the terms of Section 15, 16, 17, 18 or 19 of this Agreement will survive termination of this Agreement and shall be litigated in the state of federal courts of competent jurisdiction situated in Milwaukee, Wisconsin, to which jurisdiction and venue all parties consent.

Appears in 1 contract

Samples: Employment Agreement (Merge Technologies Inc)

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Costs of Enforcement, Litigation. In the event of any suit or proceeding seeking to enforce the terms, covenants, or conditions of this Agreement, the prevailing party shall, in addition to all other remedies and relief that may be available under this Agreement or applicable law, recover his his/her or its reasonable attorneys' fees and costs as shall be determined and awarded by the court. Notwithstanding anything to the contrary contained in Section 20 above or elsewhere herein any Any controversy or dispute with respect to the terms of Section 165, 176, 18 7 or 19 8 of this Agreement will survive termination of this Agreement and shall be litigated in the state of federal courts of competent jurisdiction situated in Milwaukee, Wisconsin, to which jurisdiction and venue all parties consent.

Appears in 1 contract

Samples: Key Officer Agreement (Merge Technologies Inc)

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