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)
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 Agreement (Pure Biofuels Corp), Insider Pledge and Escrow Agreement (Ignis Petroleum Group, Inc.), Pledge and Escrow Agreement (Cobalis 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 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: Sample Contractor Agreement, Sample Contractor Agreement, Consultant 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: Hillsborough County Business Associate Agreement, Hillsborough County Business Associate Agreement, 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 10 contracts
Samples: Employment Agreement (Zoned Properties, Inc.), Employment Agreement (OncBioMune Pharmaceuticals, Inc), Leak Out Agreement (Osl Holdings, 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: Pledge and Escrow Agreement (Wentworth Energy, Inc.), Pledge and Escrow Agreement (Edgar Filingnet Inc), Pledge and Escrow Agreement (Wentworth Energy, 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: Employment Agreement (Eye Care Centers of America Inc), Professional Business Management Agreement (Eye Care Centers of America Inc), Employment 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 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 7 contracts
Samples: Employment Agreement (Eye Care Centers of America Inc), Employment Agreement (Eye Care Centers of America Inc), Employment 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 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: Pledge and Escrow Agreement (U.S. Helicopter CORP), Note Purchase Agreement (U.S. Helicopter CORP), Note Purchase Agreement (U.S. Helicopter 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 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 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: Will Consulting Agreement (Celadon Group Inc), Disclosure and Non Solicitation Agreement (Celadon Group Inc), Peavler Severance Agreement (Celadon Group 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 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 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), Employment Agreement (Railamerica Inc /De), Executive Employment Agreement (Railamerica Inc /De)
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: stjohnsclerk.com, stjohnsclerk.com
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 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: Merry Maids Limited Partnership, ServiceMaster Consumer Services Limited Partnership
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 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 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' 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' 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
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
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
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 1 contract
Samples: Consultant 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 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
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
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 feesLees, costs and expenses incident to appeals), incurred in that action action, arbitration or other proceeding, in 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, 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
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.)
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: ARAMARK FHC Kansas, 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 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: Restricted Stock Award Agreement (Coachmen Industries 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
Enforcement Costs. If any legal either party should bring a Court action or other proceeding is brought for the enforcement alleging breach of this AgreementAgreement or seeking to enforce, rescind, renounce, declare void, or because of an alleged dispute, breach, default terminate this Agreement or misrepresentation in connection with any provisions of this Agreementthereof, the successful or prevailing party or parties shall be entitled to recover all of its legal expenses, including reasonable attorneys' fees, court costs attorney's fees and all expenses even if not taxable as court costs (including, without limitation, all such fees, costs and including legal expenses incident to appealsfor any appeals taken), incurred and to have the same awarded as part of the judgment in that action or proceeding, the proceeding in addition to any other relief to which such party or parties may be entitledlegal expenses and attorney's fees were incurred.
Appears in 1 contract
Samples: Stock Purchase and Sale Agreement (Bankers Insurance 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 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
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
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: Golo Lotto Asset Purchase Agreement (San Diego Soccer 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 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
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 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
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 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' 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 1 contract
Samples: Planning Advisory Services Agreement
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
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.. (j)
Appears in 1 contract
Samples: Consultant Operations Agreement (International Sports & Media Group 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
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, 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 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
Enforcement Costs. If any legal action civil action, arbitration 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 (including, without limitation, all such fees, costs and expenses incident to appeals)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 entitledentitled whether or not taxable as costs.
Appears in 1 contract
Samples: Transition and Consulting Agreement (Summit Materials, 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 1 contract
Samples: Master Services Agreement (Able Telcom Holding Corp)
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
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: 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, 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: 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' 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: Employment Agreement (Genesis Technology Group Inc)