Common use of Dispute Costs Clause in Contracts

Dispute Costs. In the event any dispute between the parties with respect to this Assignment results in litigation or other proceeding, the prevailing party shall be reimbursed by the party not prevailing in such proceeding for all reasonable costs and expenses, including, without limitation, reasonable attorneys’ and experts’ fees and costs incurred by the prevailing party in connection with such litigation or other proceeding and any appeal thereof. Such costs, expenses and fees shall be included in and made a part of the judgment recovered by the prevailing party, if any.

Appears in 3 contracts

Samples: Assignment of Purchase and Sale Agreement (Dividend Capital Total Realty Trust Inc.), Assignment of Purchase (Dividend Capital Total Realty Trust Inc.), Assignment of Purchase, Sale and Leaseback Agreement (Dividend Capital Total Realty Trust Inc.)

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Dispute Costs. In the event any dispute between of a Dispute which is ultimately resolved by a court of competent jurisdiction, the parties with respect to this Assignment results in litigation or other proceeding, non-prevailing party will reimburse the prevailing party shall be reimbursed by the party not prevailing in such proceeding for all its reasonable costs and expenses, expenses (including, without limitation, reasonable attorneys’ and experts’ legal fees and costs expenses) incurred by the prevailing party in connection with such litigation or other proceeding and any appeal thereof. Such costs, expenses and fees shall be included in and made a part of the judgment recovered by the prevailing party, if anyaction.

Appears in 3 contracts

Samples: Acquisition Agreement (Packaging Dynamics Corp), Acquisition Agreement (Packaging Dynamics Corp), Non Competition Agreement (Packaging Dynamics Corp)

Dispute Costs. In the event any dispute between the parties with respect to this Assignment Agreement results in litigation or other proceedingproceedings, the prevailing party shall be reimbursed by the party not prevailing in such proceeding for all reasonable costs and expenses, including, without limitation, reasonable attorneys' and experts' fees and costs incurred by the prevailing party in connection with such litigation or other proceeding and any appeal thereof. Such costs, expenses and fees shall be included in and made a part of the judgment recovered by the prevailing party, if any.

Appears in 2 contracts

Samples: Purchase and Sale Agreement (Nobel Learning Communities Inc), Purchase and Sale Agreement (Phase Metrics Inc)

Dispute Costs. In the event any dispute between of a Dispute which is ultimately resolved by a court of competent jurisdiction, the non-prevailing parties with respect to this Assignment results in litigation or other proceeding, will reimburse the prevailing party shall be reimbursed by the party not prevailing in such proceeding for all its reasonable costs and expenses, expenses (including, without limitation, reasonable attorneys’ and experts’ legal fees and costs expenses) incurred by the prevailing party in connection with such litigation or other proceeding and any appeal thereof. Such costs, expenses and fees shall be included in and made a part of the judgment recovered by the prevailing party, if anyaction.

Appears in 2 contracts

Samples: Registration Rights Agreement (Packaging Dynamics Corp), Registration Rights Agreement (Packaging Dynamics Corp)

Dispute Costs. In the event any dispute between the parties with ------------- respect to this Assignment Agreement results in litigation or other proceedingproceedings, the prevailing party shall be reimbursed by the party not prevailing in such proceeding for all reasonable costs and expenses, including, without limitation, reasonable attorneys' and experts' fees and costs incurred by the prevailing party in connection with such litigation or other proceeding and any appeal thereof. Such costs, expenses and fees shall be included in and made a part of the judgment recovered by the prevailing party, if any.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Integrated Packaging Assembly Corp)

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Dispute Costs. In the event of any dispute between the parties with respect dispute, controversy, action, proceeding or claim arising out of or relating to this Assignment results in litigation Agreement, or other proceedingthe breach hereof, which is ultimately resolved by a court of competent jurisdiction, the non-prevailing party shall be reimbursed by will reimburse the substantially prevailing party not prevailing in such proceeding for all its reasonable costs and expenses, including, without limitation, reasonable attorneys’ and experts’ expenses (including legal fees and costs expenses) actually incurred by the prevailing party in connection with such litigation dispute, controversy, action, proceeding or other proceeding and any appeal thereof. Such costs, expenses and fees shall be included in and made a part of the judgment recovered by the prevailing party, if anyclaim.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Westwood One Inc /De/)

Dispute Costs. In the event any dispute between the parties with respect to this Assignment results in litigation or other proceeding, the prevailing party shall be reimbursed by the party not prevailing in such proceeding for all reasonable costs and expenses, including, without limitation, reasonable attorneys’ and experts’ fees and costs incurred by the prevailing party in connection with such litigation or other proceeding and any appeal thereof. Such costs, expenses expenses, and fees shall be included in and made a part of the judgment recovered by the prevailing party, if any.

Appears in 1 contract

Samples: Real Estate Sale Agreement (Dividend Capital Total Realty Trust Inc.)

Dispute Costs. In the event any dispute between the parties with respect to this Assignment Agreement results in litigation or other proceeding, the prevailing party shall be reimbursed by the party not prevailing in such proceeding for all reasonable costs and expenses, including, without limitation, reasonable attorneys' and experts' fees and costs incurred by the prevailing party in connection with such litigation or other proceeding and any appeal thereof. Such costs, expenses and fees shall be included in and made a part of the judgment recovered by the prevailing party, if any.

Appears in 1 contract

Samples: Lease Agreement (Jabil Circuit Inc)

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