Common use of Costs of Proceedings Clause in Contracts

Costs of Proceedings. The Company shall pay all costs and expenses of the Company and, at least monthly, Executive in connection with any arbitration relating to the interpretation or enforcement of any provision of this Agreement; provided that if Executive instituted the proceeding and the arbitrator or other individual presiding over the proceeding affirmatively finds that Executive instituted the proceeding in bad faith, Executive shall reimburse the Company for all costs and expenses of Executive previously paid by the Company pursuant to this Section 10.

Appears in 14 contracts

Samples: Termination Protection Agreement (Harcourt General Inc), Termination Protection Agreement (Harcourt General Inc), Termination Protection Agreement (Harcourt General Inc)

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Costs of Proceedings. The Company shall pay all costs and expenses of the Company andexpenses, including attorneys’ fees and disbursements, at least monthly, of the Executive in connection with any arbitration legal proceeding (including arbitration), whether or not instituted by the Company or the Executive, relating to the interpretation or enforcement of any provision of this Agreement; provided , except that if the Executive instituted the proceeding and the judge, arbitrator or other individual presiding over the proceeding affirmatively finds that the Executive instituted the proceeding in bad faith, the Executive shall reimburse the Company for pay all costs and expenses expenses, including attorney’s fees and disbursements, of Executive previously paid by the Company pursuant to this Section 10Executive.

Appears in 9 contracts

Samples: Severance Agreement (Affiliated Computer Services Inc), Change of Control Agreement (Affiliated Computer Services Inc), Senior Executive Agreement (Affiliated Computer Services Inc)

Costs of Proceedings. The Company shall pay all costs and expenses of the Company andexpenses, including attorneys' fees and disbursements, at least monthly, of Executive in connection with any arbitration legal proceeding (including arbitration), whether or not instituted by the Company or Executive, relating to the interpretation or enforcement of any provision of this Agreement; provided , except that if Executive instituted the proceeding and the judge, arbitrator or other individual presiding over the proceeding affirmatively finds that Executive instituted the proceeding in bad faith, Executive shall reimburse the Company for pay all costs and expenses expenses, including attorney's fees and disbursements, of Executive previously paid by the Company pursuant to this Section 10Executive.

Appears in 3 contracts

Samples: Executive Retention Agreement (Terra Industries Inc), Executive Retention Agreement (Terra Industries Inc), Executive Retention Agreement (Terra Industries Inc)

Costs of Proceedings. The Company shall pay all costs and expenses of the Company andexpenses, including attorneys' fees and disbursements, at least monthly, of the Executive in connection with any arbitration legal proceeding (including arbitration), whether or not instituted by the Company or the Executive, relating to the interpretation or enforcement of any provision of this Agreement; provided , except that if the Executive instituted the proceeding and the judge, arbitrator or other individual presiding over the proceeding affirmatively finds that the Executive instituted the proceeding in bad faith, the Executive shall reimburse the Company for pay all costs and expenses expenses, including attorney's fees and disbursements, of Executive previously paid by the Company pursuant to this Section 10Executive.

Appears in 3 contracts

Samples: Severance Agreement (Affiliated Computer Services Inc), Supplemental Executive Retirement Agreement (Affiliated Computer Services Inc), Severance Agreement (Affiliated Computer Services Inc)

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Costs of Proceedings. The Company shall pay all costs and expenses of the Company and, at least monthly, Executive in connection with any arbitration relating to the interpretation or enforcement of any provision of this Agreement; provided that if Executive instituted the proceeding and the arbitrator or other individual presiding over the proceeding affirmatively finds that Executive instituted the proceeding in bad faith, Executive shall reimburse the Company for all costs and expenses of Executive previously paid by the Company pursuant to this Section 109.

Appears in 2 contracts

Samples: Change of Control Termination Protection Agreement (Neiman Marcus Group Inc), Change of Control Termination Protection Agreement (Neiman Marcus Group Inc)

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