Default; Enforcement. Either Party shall be deemed in default under this Agreement if such Party shall have failed to perform any of its obligations under the Agreement and, in the case of such a failure to perform any of its obligations, such Party shall have failed to cure any such failure within thirty (30) days after notice to such Party by the other Party specifying and detailing the particulars of wherein and whereby the Party receiving such notice has failed to perform any such obligations. In the event of any default under this Agreement, the Parties agree that the sole and exclusive remedies available to the non-defaulting Party shall be to recover damages arising from the default and to enforce the defaulting Party’s obligations through injunctive relief; provided, however, in no event shall the non-defaulting Party have the right to terminate this Agreement. In connection with any dispute arising under, from or as a result of this Agreement, the Parties agree that the prevailing Party in any litigation (including any bankruptcy, appellate and post judgment proceedings) regarding such dispute shall be entitled to recover all reasonable attorney's fees, legal assistant's fees, expert fees and costs incurred prior to initiating litigation, in connection with litigation, prior to trial, at trial, or on appeal as well as those incurred prior to and in arbitration, mediation, administrative, bankruptcy or creditor’s reorganization proceedings. For the purposes of this Agreement, attorney’s fees shall also include reasonable attorney's fees, legal assistant's fees, expert fees and costs incurred in connection with the determination of what attorney's and legal assistant's fees and costs are reasonable.
Appears in 2 contracts
Samples: Voluntary Annexation Agreement, Voluntary Annexation Agreement
