Costs of Proceedings. If any suit or other proceeding is brought for the enforcement or interpretation of this Agreement, or because of any alleged dispute, breach, default or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party shall be entitled to recover, from the other party, reasonable attorneys’ fees and other costs incurred in that suit or proceeding, in addition to any other relief to which such party may be entitled. The Court shall determine which party is, under all the circumstances, the “successful or prevailing party,” all in accordance with the principles and provisions of California Civil Code Section 1717. The Company shall pay prejudgment interest on any money judgment obtained by you as a result of such proceeding, calculated at the prime rate of Xxxxx Fargo Bank as in effect from time to time from the date that payment should have been made to you under this Agreement.
Appears in 8 contracts
Samples: Change in Control Agreement (Discovery Partners International Inc), Change in Control Agreement (Discovery Partners International Inc), Change in Control Agreement (Discovery Partners International Inc)