Common use of Costs of Proceedings Clause in Contracts

Costs of Proceedings. The Company shall pay all costs and expenses, including attorneys' fees and disbursements, at least monthly, of Executive in connection with any legal proceeding (including arbitration), whether instituted by the Company or Executive, relating to the interpretation or enforcement of any provision of this Agreement, 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 pay all costs and expenses, including attorneys' fees and disbursements, of Executive. The Company shall pay prejudgment interest on any money judgment obtained by Executive as a result of such a proceeding, calculated at the prime rate of The Chase Manhattan Bank, as in effect from time to time, from the date that payment should have been made to Executive under this Agreement.

Appears in 4 contracts

Samples: Termination Protection Agreement (Imperial Credit Industries Inc), Termination Protection Agreement (Imperial Credit Industries Inc), Termination Protection Agreement (Imperial Credit Industries Inc)

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Costs of Proceedings. The Company shall pay all costs and expenses, including attorneys' fees and disbursements, at least monthly, of Executive in connection with any legal proceeding (including arbitration), whether instituted by the Company or Executive, relating to the interpretation or enforcement of any provision of this Agreement, 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 pay all costs and expenses, including attorneys' attorney's fees and disbursements, of Executive. The Company shall pay prejudgment interest on any money judgment obtained by Executive as a result of such a proceeding, calculated at the prime rate of The Chase Manhattan Bank, as in effect from time to time, from the date that payment should have been made to Executive under this Agreement.

Appears in 3 contracts

Samples: Termination Protection Agreement (Imperial Credit Industries Inc), Termination Protection Agreement (Imperial Credit Industries Inc), Termination Protection Agreement (Imperial Credit Industries Inc)

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Costs of Proceedings. The Company shall pay all costs and expenses, including all attorneys' fees and disbursements, of the Company and, at least monthly, of Executive in connection with any legal proceeding (including arbitration)proceedings, whether or not instituted by the Company or Executive, relating to the interpretation or enforcement of any provision of this Agreement, except ; provided that if Executive instituted the proceeding and the judge, arbitrator or other individual presiding over the proceeding affirmatively finds a finding (no longer subject to appeal) is entered that Executive instituted the proceeding in bad faith, Executive shall pay all of Executive's costs and expenses, including attorneys' fees and disbursements, of Executive. The Company shall pay prejudgment interest on any money judgment obtained by Executive as a result of such a proceeding, calculated at the prime rate of The Chase Manhattan Bank, Bank as in effect from time to time, time from the date that payment should have been made to Executive under this Agreement.

Appears in 2 contracts

Samples: Employment Agreement (Synavant Inc), Employment Agreement (Synavant Inc)

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