Common use of Enforcement Costs Clause in Contracts

Enforcement Costs. If any legal action or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default or misrepresentation in connection with any provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys' fees, court costs and all expenses even if not taxable as court costs (including, without limitation, all such fees, costs and expenses incident to appeals), incurred in that action or proceeding, in addition to any other relief to which such party or parties may be entitled.

Appears in 66 contracts

Samples: Pledge and Escrow Agreement (Textmunication Holdings, Inc.), Pledge and Escrow Agreement (Pop N Go Inc), Pledge and Escrow Agreement (Americana Publishing Inc)

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Enforcement Costs. If any legal action or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default or misrepresentation in connection with any provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys' fees, court costs and all expenses even if not taxable as court costs (including, without limitation, all such fees, costs and expenses incident to appeals), incurred in that action or proceeding, in addition to any other relief to which such party or parties may be entitled.

Appears in 42 contracts

Samples: Securities Purchase Agreement (MobiVentures Inc.), Pledge and Escrow Agreement (Carbonics Capital Corp), Pledge and Escrow Agreement (Carbonics Capital Corp)

Enforcement Costs. If any legal action or other proceeding pro-ceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default or misrepresentation misrepresenta-tion in connection with any provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys' fees, court costs and all expenses even if not taxable as court costs (including, without limitationlimita-tion, all such fees, costs and expenses incident to appeals), incurred in that action or proceeding, in addition to any other relief to which such party or parties may be entitled.

Appears in 18 contracts

Samples: Pledge and Escrow Agreement (Aerotelesis Inc), Pledge and Escrow Agreement (Xsunx Inc), Pledge and Escrow Agreement (Barnabus Energy, Inc.)

Enforcement Costs. If any legal action or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default or misrepresentation in connection with any provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys' attorney’s fees, court costs costs, and all expenses (including taxes) even if not taxable as court costs (including, without limitation, all such fees, costs costs, and expenses incident to appeals), incurred in that action or proceeding, in addition to any other relief to which such party or parties may be entitled.

Appears in 12 contracts

Samples: Contractor Agreement, Contractor Agreement, Contractor Agreement

Enforcement Costs. If any legal action or other proceeding proceedings, including arbitration, is brought for the enforcement of this Agreement, Agreement or because of an alleged dispute, breach, default default, or misrepresentation in connection with any provisions provision of this Agreement, the successful or prevailing party Party or parties Parties shall be entitled to recover reasonable attorneys' fees, court costs and all expenses even expenses, if not taxable as court costs (including, without limitation, all such fees, costs and expenses incident to appeals)costs, incurred in that action or proceeding, including all appeals, in addition to any other relief to which such party Party or parties Parties may be entitled. Such enforcement costs shall not be dischargeable in bankruptcy.

Appears in 11 contracts

Samples: Business Associate Agreement (Baa), Business Associate Agreement (Baa), Service Agreement

Enforcement Costs. If any legal action or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default or misrepresentation in connection with any provisions provision of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys' fees, court costs and all expenses even if not taxable as court costs (including, without limitation, all such fees, costs and expenses incident to appealsarbitration, appellate, bankruptcy and post-judgment proceedings), incurred in that action or proceeding, in addition to any other relief to which such party or parties may be entitled.

Appears in 11 contracts

Samples: Employment Agreement (Zoned Properties, Inc.), Employment Agreement (OncBioMune Pharmaceuticals, Inc), Consulting Agreement (Trunity Holdings, Inc.)

Enforcement Costs. If any legal action or other proceeding proceeding, including arbitration, is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default or misrepresentation in connection with any provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys' fees, court costs and all expenses even if not taxable as court costs (including, without limitation, all such fees, costs and expenses incident to appeals)costs, incurred in that action or proceeding, in addition to any other relief to which such party or parties may be entitled.

Appears in 10 contracts

Samples: Professional Business Management Agreement, Professional Business Management Agreement (Eyemasters Inc), Professional Business Management Agreement (Eye Care Centers of America Inc)

Enforcement Costs. If any legal action or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default or misrepresentation in connection with any provisions of this Agreement, the successful or prevailing party Party or parties Parties shall be entitled to recover reasonable attorneys' feesfees and expenses, court costs and all expenses even if not taxable as court costs (including, without limitationbut not limited to, all such fees, costs attorneys' fees and expenses incident to any appeals), incurred in that action or proceeding, in addition to any other relief to which such party Party or parties Parties may be entitled.

Appears in 9 contracts

Samples: Employment Agreement (Trade Street Residential, Inc.), Employment Agreement (Trade Street Residential, Inc.), Employment Agreement (Trade Street Residential, Inc.)

Enforcement Costs. If any legal action or other proceeding pro­ceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default or misrepresentation misrepresenta­tion in connection with any provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys' fees, court costs and all expenses even if not taxable as court costs (including, without limitationlimita­tion, all such fees, costs and expenses incident to appeals), incurred in that action or proceeding, in addition to any other relief to which such party or parties may be entitled.

Appears in 9 contracts

Samples: Securities Purchase Agreement (DigitalPost Interactive, Inc.), Pledge and Escrow Agreement (Pacer Health Corp), Pledge and Escrow Agreement (Wentworth Energy, Inc.)

Enforcement Costs. If any legal action or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default or misrepresentation in connection with any provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys' attorney’s fees, court costs and all reasonable expenses even if not taxable as court costs (including, without limitation, all such fees, costs and expenses incident to appeals), incurred in that action or proceeding, in addition to any other relief to which such party or parties may be entitled.

Appears in 8 contracts

Samples: Executive Employment Agreement (Xstream Systems Inc), Executive Employment Agreement (Xstream Systems Inc), Executive Employment Agreement (Xstream Systems Inc)

Enforcement Costs. If any legal action or other proceeding proceeding, ------------------ including arbitration, is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default or misrepresentation in connection with any provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys' fees, court costs and all expenses even if not taxable as court costs (including, without limitation, all such fees, costs and expenses incident to appeals)costs, incurred in that action or proceeding, in addition to any other relief to which such party or parties may be entitled.

Appears in 8 contracts

Samples: Professional Business Management Agreement (Eye Care Centers of America Inc), Professional Services (Eye Care Centers of America Inc), Employment Agreement (Eye Care Centers of America Inc)

Enforcement Costs. If any legal action or other proceeding proceeding, including arbitration, is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default or misrepresentation in connection with any provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys' fees, court costs and all expenses even if not taxable as court costs (including, without limitation, all such fees, costs and expenses incident to appeals)costs, incurred in that action or proceeding, in addition to any other relief to which such party or parties may be entitled.

Appears in 7 contracts

Samples: Employment Agreement (Eye Care Centers of America Inc), Employment Agreement (Eye Care Centers of America Inc), Professional Business Management Agreement (Eye Care Centers of America Inc)

Enforcement Costs. If any legal action or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default or misrepresentation in connection with any provisions of this Agreement, the successful or prevailing party or parties Party shall be entitled to recover reasonable attorneys' attorney’s fees, court costs and all expenses even if not taxable as court costs (including, without limitation, all such fees, costs and expenses incident to appeals), incurred in that action or proceeding, in addition to any other relief to which such party or parties may be entitled.costs

Appears in 6 contracts

Samples: Property Terms & Conditions Agreement, Property Terms & Conditions Agreement, Property Terms & Conditions Agreement

Enforcement Costs. If any legal action or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default or misrepresentation in connection with any provisions provision of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys' fees, court costs and all expenses even if not taxable as court costs (including, without limitation, all such fees, costs and expenses incident to appealsarbitration, appellate, bankruptcy and post-judgment proceedings), incurred in that action or proceeding, in addition to any other relief to which such party or parties may be entitled.

Appears in 6 contracts

Samples: Employment Agreement (Cardinal Energy Group, Inc.), Consulting Agreement (Image Protect, Inc.), Employment Agreement (OncBioMune Pharmaceuticals, Inc)

Enforcement Costs. If any legal action or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default or misrepresentation in connection with any provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys' fees, court costs and all expenses even if not taxable as court costs (including, without limitation, all such fees, costs and expenses incident to appeals), incurred in that action or proceeding, in addition to any other relief to which such party or parties may be entitled.

Appears in 4 contracts

Samples: Note Purchase Agreement (U.S. Helicopter CORP), Note Purchase Agreement (U.S. Helicopter CORP), Pledge and Escrow Agreement (U.S. Helicopter CORP)

Enforcement Costs. If any legal action or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default default, or misrepresentation in connection with any provisions of this Agreement, the successful prevailing Party or prevailing party or parties Parties shall be entitled to recover any reasonable attorneys' attorney's fees, court costs and all expenses expenses, even if not taxable as court costs (including, without limitation, all such fees, costs and expenses incident to appeals), incurred in that action or proceeding, in addition to any other relief to which such party Party or parties Parties may be entitled.

Appears in 4 contracts

Samples: Consulting Agreement (Celadon Group Inc), Resignation and Consulting Agreement (Celadon Group Inc), Severance Agreement (Celadon Group Inc)

Enforcement Costs. If any legal action or other proceeding proceedings is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default or misrepresentation in connection with any provisions provision of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys' fees, court costs and all expenses even if not taxable as court costs (including, without limitation, all such fees, costs and expenses incident to appeals), incurred in that action or proceeding, in addition to any other relief to which such party or parties may be entitled.

Appears in 4 contracts

Samples: Escrow Agreement (Paradigm Holdings, Inc), Redemption Agreement (Brightstar Corp.), Purchase Agreement (Brightstar Corp.)

Enforcement Costs. If any legal action or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default or misrepresentation in connection with any provisions of this Agreement, the successful or prevailing party or parties Party shall be entitled to recover reasonable attorneys' attorney’s fees, court costs and all expenses from the non-prevailing Party even if not taxable as court costs (including, without limitation, all such fees, costs and expenses incident to appeals), incurred in that action or proceeding, in addition to any other relief to which such party or parties Party may be entitled.

Appears in 4 contracts

Samples: Chain Contractor Agreement, Chain Contractor Agreement, Chain Contractor Agreement

Enforcement Costs. If any legal action or other proceeding pro­ceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default or misrepresentation misrepresenta­tion in connection with any provisions provision of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys' fees, court costs and all expenses even if not taxable as court costs (including, without limitationlimita­tion, all such fees, costs and expenses incident to appealsarbitration, appellate, bankruptcy and post-judgment proceedings), incurred in that action or proceeding, in addition to any other relief to which such party or parties may be entitled.

Appears in 4 contracts

Samples: Asset Purchase Agreement (Infe Human Resources Inc), Asset Purchase Agreement (Infe Human Resources Inc), Asset Purchase Agreement (Infe Human Resources Inc)

Enforcement Costs. If any legal action or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default or misrepresentation in connection with any provisions of this Agreement, the successful or prevailing party or parties Party shall be entitled to recover reasonable attorneys' attorney’s fees, court costs and all expenses from the non- prevailing Party even if not taxable as court costs (including, without limitation, all such fees, costs and expenses incident to appeals), incurred in that action or proceeding, in addition to any other relief to which such party or parties Party may be entitled.

Appears in 3 contracts

Samples: Marketing Program Space Agreement, Marketing Programs Space Agreement, Marketing Programs Space Agreement

Enforcement Costs. If any legal action action, arbitration or other proceeding permitted by the provisions of this Agreement to be brought is actually brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default or misrepresentation in connection with any provisions dispute arising out of this Agreement, the ultimately successful or prevailing party or parties shall be entitled to recover reasonable attorneys' fees, court costs and all expenses other expenses, even if not taxable as court costs (including, without limitation, all such fees, costs and expenses incident to appeals), incurred in that action action, arbitration or other proceeding, in addition to any other relief to which such party or parties may be entitled.

Appears in 3 contracts

Samples: Executive Employment Agreement (Railamerica Inc /De), Executive Employment Agreement (Railamerica Inc /De), Executive Employment Agreement (Railamerica Inc /De)

Enforcement Costs. If any legal action or other proceeding pro-ceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default or misrepresentation misrepresenta-tion in connection with any provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys' fees, court costs and all expenses even if not taxable as court costs (including, without limitationlimita-tion, all such fees, costs and expenses incident to appeals), incurred in that action or proceeding, in addition to any other relief to which such party or parties may be entitled.

Appears in 3 contracts

Samples: Pledge and Escrow Agreement (Global Realty Development Corp), Pledge and Escrow Agreement (Americana Publishing Inc), Pledge and Escrow Agreement (Global Realty Development Corp)

Enforcement Costs. If any legal action or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default default, or misrepresentation in connection with any provisions of this Agreement, the successful or prevailing party or parties Party shall be entitled to recover reasonable attorneys' attorney’s fees, court costs and all expenses from the non-prevailing Party even if not taxable as court costs (including, without limitation, all such fees, costs costs, and expenses incident to appeals), incurred in that action or proceeding, in addition to any other relief to which such party or parties Party may be entitled.

Appears in 2 contracts

Samples: Property Terms & Conditions Agreement, Property Terms & Conditions Agreement

Enforcement Costs. If any legal action or other proceeding proceding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default or misrepresentation in connection with any provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys' fees, court costs and all expenses even if not taxable as court costs (including, without limitation, all such fees, costs and expenses incident to appeals), incurred in that action or proceeding, in addition to any other relief to which such party or parties may be entitled.

Appears in 2 contracts

Samples: Pledge and Escrow Agreement (Headliners Entertainment Group, Inc.), Pledge and Escrow Agreement (Headliners Entertainment Group, Inc.)

Enforcement Costs. If any legal action or other proceeding is ------------------ brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default or misrepresentation in connection with any provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys' fees, court costs and all expenses even if not taxable as court costs (including, without limitation, all such fees, costs and expenses incident to appeals), incurred in that action or proceeding, in addition to any other relief to which such party or parties may be entitled.

Appears in 2 contracts

Samples: Securities Purchase Agreement (Charys Holding Co Inc), Securities Purchase Agreement (Charys Holding Co Inc)

Enforcement Costs. If any legal action or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default or misrepresentation in connection with any provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys' attorney's fees, court costs and all reasonable expenses even if not taxable as court costs (including, without limitation, all such reasonable fees, costs and expenses incident to appeals), incurred in that action or proceedingproceedings, in addition to any other relief to which such party or parties may be entitled, and if awarded by a court of competent jurisdiction.

Appears in 2 contracts

Samples: Enterprise License Agreement, Annual Maintenance Agreement

Enforcement Costs. If any legal action or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default or misrepresentation in connection with any provisions provision of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys' attorney’s fees, court costs and all expenses even if not taxable as court costs (including, without limitation, all such fees, costs and expenses incident to appeals), incurred in that action or proceeding, in addition to any other relief to which such party or parties may be entitled.

Appears in 2 contracts

Samples: Amendment No. 7 to the Amended and Restated Agreement of Limited Partnership (Merry Maids Limited Partnership), Agreement of Limited Partnership (ServiceMaster Consumer Services Limited Partnership)

Enforcement Costs. If any legal action or other proceeding is brought for the enforcement of this AgreementAgreement or any other Transaction Document, or because of an alleged dispute, breach, default or misrepresentation in connection with any provisions of this AgreementAgreement or any other Transaction Document, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys' fees, court costs and all expenses even if not taxable as court costs (including, without limitation, all such reasonable fees, costs and expenses incident to appeals), incurred in that action or proceeding, in addition to any other relief to which such party or parties may be entitled.

Appears in 2 contracts

Samples: Pledge Agreement (Intellicell Biosciences, Inc.), Pledge Agreement (Intellicell Biosciences, Inc.)

Enforcement Costs. If any legal action or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default or misrepresentation in connection with any provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys' attorney's fees, court costs costs, and all expenses (including taxes) even if not taxable as court costs (including, without limitation, all such fees, costs costs, and expenses incident to appeals), incurred in that action or proceeding, in addition to any other relief to which such party or parties may be entitled.

Appears in 2 contracts

Samples: Consulting Services Agreement, Consultant Services Agreement

Enforcement Costs. If any legal action or other proceeding is brought for the challenge or enforcement of this Agreement, or because of an alleged dispute, breach, default default, or misrepresentation in connection with any provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys' attorney's fees, court costs costs, and all expenses even if not taxable as court costs (including, including without limitation, all such fees, costs and expenses incident to appeals), incurred in that action or proceeding, in addition to any other relief to which such party or parties may be entitled.

Appears in 2 contracts

Samples: Asset Purchase Agreement (TLC Vision Corp), Asset Purchase Agreement (TLC Vision Corp)

Enforcement Costs. If any legal action or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default or misrepresentation in connection with any provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys' attorney's fees, court costs and all reasonable expenses even if not taxable as court costs (including, without limitation, all such reasonable fees, costs and expenses incident to bankruptcy and/or appeals), incurred in that action or proceedingproceedings, in addition to any other relief to which such party or parties may be entitled.

Appears in 2 contracts

Samples: Concurrency Developer’s Agreement, Planning Advisory Services Agreement

Enforcement Costs. If any legal action or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default or misrepresentation in connection with any provisions provision of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys' fees, court costs and all expenses even if not taxable as court costs (including, without limitation, all such fees, costs and expenses incident to appealsarbitration, appellate, bankruptcy and post-judgment proceedings), incurred in that action or proceeding, in addition to any other relief to which such party or parties may be entitled.

Appears in 2 contracts

Samples: Consulting Agreement (Fortune Rise Acquisition Corp), Consulting Agreement (Fortune Rise Acquisition Corp)

Enforcement Costs. If any legal action or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default default, or misrepresentation in connection with any provisions provision of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys' fees, court costs costs, and all expenses even if not taxable as court costs (including, without limitation, all such fees, costs costs, and expenses incident to appeals), incurred in that action or proceeding, in addition to any other relief to which such party or parties may be entitled.

Appears in 1 contract

Samples: Agreement of Limited Partnership (ARAMARK FHC Kansas, Inc.)

Enforcement Costs. If any legal action or other proceeding is brought for the enforcement of this Agreementagreement, or because of an alleged dispute, breach, default or misrepresentation in connection with any provisions provision of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys' attorney's fees, court costs and all expenses even if not taxable as court costs (including, including without limitation, limitation all such fees, costs and expenses incident to appeals), incurred in that action or proceeding, in addition to any other relief to which such party or parties may be entitled.

Appears in 1 contract

Samples: License Agreement (Bernstein Leibstone Associates Inc /Ny/)

Enforcement Costs. If any legal action or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default or misrepresentation in connection with any provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys' attorney's fees, court costs and all reasonable expenses even if not taxable as court costs (including, without limitation, all such fees, costs and expenses incident to appeals), incurred in that action ____GLW ____KC 13 or proceeding, in addition to any other relief to which such party or parties may be entitled.

Appears in 1 contract

Samples: Executive Employment Agreement (Genesis Technology Group Inc)

Enforcement Costs. If any legal action or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default or misrepresentation in connection with any provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys' attorney's fees, court costs and all reasonable expenses even if not taxable as court costs (including, without limitation, all such fees, costs and expenses incident to appeals), incurred in that action ____GLW ____JW 13 or proceeding, in addition to any other relief to which such party or parties may be entitled.

Appears in 1 contract

Samples: Executive Employment Agreement (Genesis Technology Group Inc)

Enforcement Costs. If In any legal action or other proceeding is brought for relating to this Agreement and the transaction contemplated hereby or if the enforcement of this Agreement, or because of an alleged dispute, breach, default or misrepresentation in connection with any provisions provision of this AgreementAgreement is brought by any party against the other party, the successful or prevailing party in such action or parties proceeding shall be entitled to recover all reasonable expenses relating thereto (including reasonable attorneys' fees’ fees and expenses, court costs and all expenses even if not taxable as court costs (including, without limitation, all such fees, costs and expenses incident to appeals)arbitration, incurred in that appellate and post-judgment proceedings) from the party against whom such action or proceedingproceeding is brought, in addition to any other relief to which such prevailing party or parties may be entitled.

Appears in 1 contract

Samples: Voting Agreement (Community First Bancshares, Inc.)

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Enforcement Costs. If any legal action or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default or misrepresentation in connection with any provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys' attorney's fees, court costs and all expenses even if not taxable as court costs (including, without limitation, all such fees, costs and expenses incident to appeals), incurred in that action or proceeding, in addition to any other relief to which such party or parties may be entitled.

Appears in 1 contract

Samples: Assignment Agreement (Standish Care Co)

Enforcement Costs. If any legal action or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default default, or misrepresentation in connection with any provisions of this Agreement, the successful or prevailing non-breaching party or parties shall be entitled to recover from the breaching party any reasonable attorneys' attorney fees, court costs and all expenses expenses, even if not taxable as court costs (including, without limitation, all such fees, costs and expenses incident to appeals), ) incurred in that action or proceeding, in addition to any other relief to which such party or parties may be entitled.

Appears in 1 contract

Samples: Severance Agreement (Coachmen Industries Inc)

Enforcement Costs. If any legal action or other proceeding is brought brought, for the enforcement of any of the terms or conditions of this Agreement, or because of an alleged dispute, breach, default or misrepresentation default, in connection with any of the provisions of this Agreement, Agreement the successful or prevailing party or parties in such action shall be entitled to recover from the non-prevailing party the costs it incurred in such action including, but not limited to, reasonable attorneys' fees, court ’ fees (including costs and all expenses even if not taxable as court costs (including, without limitation, all such fees, costs and expenses incident to appealsfees incurred on appeal), incurred in that action or proceeding, in addition to any other relief to which such party or parties may be entitled.

Appears in 1 contract

Samples: Employment Agreement (Team Health Holdings Inc.)

Enforcement Costs. If any legal action or other proceeding proceedings is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default or misrepresentation in connection with any provisions provision of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys' fees, court costs and all expenses even if not taxable as court costs (including, without limitation, all such fees, costs and expenses incident to appealsappellate, bankruptcy, post-judgment and alternative dispute resolution proceedings), incurred in that action or proceeding, in addition to any other relief to which such party or parties may be entitled.

Appears in 1 contract

Samples: Asset Purchase Agreement (San Diego Soccer Development Corp)

Enforcement Costs. If any legal action action, arbitration or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default or misrepresentation in connection with any provisions of this Agreement, the ultimately successful or prevailing party or parties shall be entitled to recover reasonable attorneys' fees, court costs and all expenses other expenses, even if not taxable as court costs (including, without limitation, all such fees, costs and expenses incident to appeals), incurred in that action action, arbitration or other proceeding, in addition to any other relief to which such party or parties may be entitled.

Appears in 1 contract

Samples: Separation Agreement (Railamerica Inc /De)

Enforcement Costs. If any legal action or other proceeding is brought for the enforcement of this Agreement, Agreement or because of an any alleged dispute, breach, default or misrepresentation in connection with any provisions provision of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys' fees, court costs and all expenses even if not taxable as court costs (including, without limitation, all such fees, costs and expenses incident to appeals), ) incurred in that action or proceeding, in addition to any other relief to which such party or parties may be entitled.

Appears in 1 contract

Samples: Agreement and Plan of Reorganization (Nstor Technologies Inc)

Enforcement Costs. If any legal action or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default or misrepresentation in connection with any provisions of this Agreement, the successful or prevailing party or parties Party shall be entitled to recover reasonable attorneys' attorney’s fees, court costs and all expenses from the nonprevailing Party even if not taxable as court costs (including, without limitation, all such fees, costs and expenses incident to appeals), incurred in that action or proceeding, in addition to any other relief to which such party or parties Party may be entitled.

Appears in 1 contract

Samples: Advertising Agreement

Enforcement Costs. If Except as otherwise specifically provided herein, if any legal civil action or other legal proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default or misrepresentation in connection with any provisions provision of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys' fees, court costs and all expenses even if not taxable as court costs (includingexpenses, without limitation, all such fees, costs including attorneys’ fees and expenses incident to appeals)reasonable expenses, incurred in that action civil action, arbitration or legal proceeding, in addition to any other relief to which such party or parties may be entitled.

Appears in 1 contract

Samples: Contribution Agreement (Scripps Networks Interactive, Inc.)

Enforcement Costs. If any legal action or other proceeding pro­ceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default or misrepresentation misrepresenta­tion in connection with any provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys' fees, court costs and all expenses even if not taxable as court costs (including, without limitationlimita­tion, all such fees, costs and expenses incident to appeals), incurred in that action or proceeding, in addition to any other relief to which such party or parties may be entitled. 8.

Appears in 1 contract

Samples: Escrow Agreement (Xinhua China LTD)

Enforcement Costs. If any legal action or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, a breach, default or misrepresentation in connection with any provisions provision of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys' attorney’s fees, court costs and all expenses even if not taxable as court costs (including, without limitation, all such fees, costs and expenses incident to appeals), incurred in that action or proceeding, in addition to any other relief to which such party or parties may be entitled.

Appears in 1 contract

Samples: Agreement of Limited Partnership (ServiceMaster Consumer Services Limited Partnership)

Enforcement Costs. If any legal action or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default or misrepresentation in connection with any provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys' fees, court costs costs, and all expenses even if not taxable as court costs (including, without limitation, all such fees, costs costs, and expenses incident to appeals), incurred in that action or proceeding, in addition to any other relief to which such party or parties may be entitled.

Appears in 1 contract

Samples: Forbearance Agreement (Cirtran Corp)

Enforcement Costs. If any legal action or other proceeding proceedings is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default or misrepresentation in connection with any provisions provision of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys' fees, court costs and all expenses even if not taxable as court costs (including, without limitation, all such fees, costs and expenses incident to appeals), incurred in that action or proceeding, in addition to any other relief to which such party or parties may be entitled.

Appears in 1 contract

Samples: Escrow Agreement (Neomedia Technologies Inc)

Enforcement Costs. If any legal action or other proceeding is brought initiated or instituted for the enforcement of this Agreement, or because of an alleged dispute, breach, default default, or misrepresentation in connection with any provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys' attorney's fees, court costs and all expenses (including taxes) even if not taxable as court costs (including, without limitation, all such reasonable fees, costs costs, and expenses incident to appeals)appeal, incurred in that action or proceeding), in addition to any other relief to which such party or parties may be entitled.

Appears in 1 contract

Samples: Franchise Agreement

Enforcement Costs. If any legal action action, arbitration or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default or misrepresentation in connection with any provisions of this Agreement, the ultimately successful or prevailing party or parties shall be entitled to recover reasonable attorneys' fees, court costs and all expenses other expenses, even if not taxable as court costs (including, without limitation, all such fees, costs and expenses incident to appeals), incurred in that action action, arbitration or other proceeding, in addition to any other relief to which such party or parties may be entitled.

Appears in 1 contract

Samples: Executive Employment Agreement (Railamerica Inc /De)

Enforcement Costs. If any legal action action, arbitration or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default or misrepresentation misrepre sentation in connection with any provisions of this Agreement, the ultimately successful or prevailing party or parties shall be entitled to recover reasonable attorneys' fees, court costs and all expenses other expenses, even if not taxable as court costs (including, without limitation, all such fees, costs and expenses incident to appeals), incurred in that action action, arbitration or other proceeding, in addition to any other relief to which such party or parties may be entitled.

Appears in 1 contract

Samples: Executive Employment Agreement (Railamerica Inc /De)

Enforcement Costs. If any legal action or other proceeding is brought for the enforcement of this Agreement, Agreement or because of an alleged dispute, breach, default or misrepresentation in connection with any provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys' attorney’s fees, court costs and all expenses even if not taxable as court costs (including, including without limitation, all such fees, costs and expenses incident to appeals), incurred in that action or proceeding, in addition to any other relief to which such party or parties may be entitled.

Appears in 1 contract

Samples: Professional Services

Enforcement Costs. If any legal action or other proceeding is brought brought, for the enforcement of any of the terms or conditions of this Agreement, or because of an alleged dispute, breach, default or misrepresentation default, in connection with any of the provisions of this Agreement, the successful or prevailing party or parties in such action shall be entitled to recover from the non-prevailing party the costs it incurred in such action including, but not limited to, reasonable attorneys' fees, court ’ fees (including costs and all expenses even if not taxable as court costs (including, without limitation, all such fees, costs and expenses incident to appealsfees incurred on appeal), incurred in that action or proceeding, in addition to any other relief to which such party or parties may be entitled.

Appears in 1 contract

Samples: Executive Employment Agreement (NeueHealth, Inc.)

Enforcement Costs. If any legal action or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default or misrepresentation in connection with any provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable fees of attorneys' fees, paralegals, and legal assistants, court costs and all expenses even if not taxable as court costs (including, without limitation, all such fees, costs and expenses incident to appeals), together with any sales tax thereon, incurred in that action or proceeding, in addition to any other relief to which such party or parties may be entitled.

Appears in 1 contract

Samples: Resignation Agreement (Carematrix Corp)

Enforcement Costs. If any legal action or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default or misrepresentation in connection with any provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys' fees, court costs and all expenses even if not taxable as court costs (including, without limitation, all such fees, costs and expenses incident to appeals), incurred in that action or proceeding, in addition to any other relief to which such party or parties may be entitled.

Appears in 1 contract

Samples: Merger Agreement (Able Telcom Holding Corp)

Enforcement Costs. If any legal action or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default default, or misrepresentation in connection with any provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover any reasonable attorneys' attorney's fees, court costs and all expenses expenses, even if not taxable as court costs (including, without limitation, all such fees, costs and expenses incident to appeals), incurred in that action or proceeding, in addition to any other relief to which such party or parties may be entitled.

Appears in 1 contract

Samples: Separation Agreement (Celadon Group Inc)

Enforcement Costs. If any legal action or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default default, or misrepresentation in connection with any provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys' attorney's fees, court costs costs, and all expenses even if not taxable as court costs (including, without limitation, all such fees, costs and expenses incident to appeals), including taxes) incurred in that action or proceeding, in addition to any other relief to which such party or parties may be entitled.

Appears in 1 contract

Samples: Project Management Professional Services Agreement

Enforcement Costs. If any legal action or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default or misrepresentation in connection with any provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys' fees, court costs and all expenses even if not taxable as court costs (including, without limitation, all such fees, costs and expenses incident to appeals), incurred in that action or proceeding, in addition to any other relief to which such party or parties may be entitled. 10.

Appears in 1 contract

Samples: Pledge and Escrow Agreement (Eyi Industries Inc)

Enforcement Costs. If any legal action or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default or misrepresentation in connection with any provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys' fees, court costs and all expenses even if not taxable as court costs (including, without limitation, including all such fees, costs and expenses incident to appeals), incurred in that action or proceeding, in addition to any other relief to which such party or parties may be entitled.

Appears in 1 contract

Samples: Limited Partnership Agreement (ServiceMaster Consumer Services Limited Partnership)

Enforcement Costs. If any legal action or other proceeding is ----------------- brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default or misrepresentation in connection with any provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys' fees, court costs and all expenses even if not taxable as court costs (including, without limitation, all such fees, costs and expenses incident to appeals), incurred in that action or proceeding, in addition to any other relief to which such party or parties may be entitled.

Appears in 1 contract

Samples: Incentive Stock Option Agreement (Finkel Charles)

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