Enforcement of Agreement. In the event that any Party is required to enforce this Agreement by court proceedings or otherwise, the prevailing Party shall be entitled to recover all fees and costs incurred, including reasonable attorneys’ fees and costs for trial, alternative dispute resolution, and/or appellate proceedings.
Appears in 20 contracts
Samples: Power Purchase Agreement, Interconnection Agreement, Tri Party Net Billing Power Purchase Agreement
Enforcement of Agreement. In the event that any Party either party is required to enforce this Agreement by court proceedings or otherwise, the prevailing Party party shall be entitled to recover all fees and costs incurred, including reasonable attorneys’ attorney’s fees and costs for trial, alternative dispute resolution, and/or appellate proceedings.
Appears in 6 contracts
Samples: Tri Party Net Metering Power Purchase Agreement, Tri Party Net Metering Power Purchase Agreement, Tri Party Net Metering Power Purchase Agreement
Enforcement of Agreement. In the event that any Party is required If either party commences litigation to enforce any provision of this Agreement by court proceedings or otherwiseto recover damages for breach hereof, the prevailing Party party shall be entitled to recover all fees and costs incurredexpenses of litigation including, including without limitation, reasonable attorneys’ fees and costs for trial, alternative dispute resolution, and/or appellate proceedingsfees.
Appears in 3 contracts
Samples: Employment Agreement (Zulu Energy Corp.), Employment Agreement (Zulu Energy Corp.), Employment Agreement (Zulu Energy Corp.)
Enforcement of Agreement. In the event that If any Party is required party to this Agreement brings an action or proceeding to enforce this Agreement by court proceedings or otherwiseits rights hereunder, the prevailing Party party shall be entitled to recover all fees its costs and costs incurredexpenses, including reasonable court costs and attorneys’ fees and costs for trial' fees, alternative dispute resolutionif any, and/or appellate proceedingsincurred in connection with such action or proceeding.
Appears in 2 contracts
Samples: Settlement Agreement (Grand Central Silver Mines Inc), Agreement and Release (Grand Central Silver Mines Inc)
Enforcement of Agreement. In the event that any Party is required to enforce of a breach of this Agreement by court proceedings or otherwiseAgreement, the prevailing Party party, as may be determined by a court of competent jurisdiction, shall be entitled to recover all its reasonable attorney’s fees and costs incurredincurred in a successful enforcement or defense of enforcement claim, including reasonable attorneys’ fees and costs for trialas the case may be, alternative dispute resolution, and/or appellate proceedingsunder this Agreement.
Appears in 2 contracts
Samples: Agreement and Mutual Release, Agreement and Mutual Release
Enforcement of Agreement. In the event that any Party party to this Agreement is required to enforce this Agreement by court proceedings or otherwise, the prevailing Party party shall be entitled to recover all fees and costs incurred, including reasonable attorneys’ attorney’s fees and costs for trial, alternative dispute resolution, and/or appellate proceedings.
Appears in 2 contracts
Samples: Tri Party Net Metering Power Purchase Agreement, Tri Party Net Metering Power Purchase Agreement
Enforcement of Agreement. In the event that any Party party to this Agreement is required to enforce this Agreement by court proceedings or otherwise, the prevailing Party party shall be entitled to recover all fees and costs incurred, including reasonable attorneys’ attorney's fees and costs for trial, alternative dispute resolution, and/or appellate proceedings.
Appears in 2 contracts
Samples: Tri Party Net Metering Power Purchase Agreement, Tri Party Net Metering Power Purchase Agreement
Enforcement of Agreement. In the event that any Party is required If either party brings an action to enforce its rights under this Agreement by court proceedings or otherwiseand prevails, the prevailing Party it shall be entitled to recover all fees its costs and costs incurredexpenses, including court costs and reasonable attorneys’ fees and costs for trialfees, alternative dispute resolutionif any, and/or appellate proceedingsincurred in connection with such suit.
Appears in 1 contract
Enforcement of Agreement. In the event that If any Party is required party to this Agreement commences a proceeding to enforce this Agreement by court proceedings or otherwiseits rights hereunder, the prevailing Party party shall be entitled to recover all from the losing party its costs and expenses, including attorneys' fees and costs incurredexpenses, including reasonable attorneys’ fees and costs for trialif any, alternative dispute resolution, and/or appellate proceedingsreasonably incurred in connection with such proceeding.
Appears in 1 contract
Enforcement of Agreement. In The parties agree that in the event that any Party is required it becomes necessary for a party to litigate in order to enforce its rights under the terms of this Agreement by court proceedings or otherwiseany of the Transaction Documents, then and in such event, the prevailing Party successful party shall be entitled to recover all fees from the other party or parties to the litigation its costs and costs incurred, including reasonable attorneys’ ' fees up to and costs for trial, alternative dispute resolution, and/or including all trial and appellate proceedingslevels.
Appears in 1 contract
Enforcement of Agreement. In If legal proceedings are commenced by any of the event that any Party is required Parties to enforce or interpret the provisions of this Agreement by court proceedings or otherwiseAgreement, the prevailing Party party shall be entitled to recover all fees and costs incurred, including reasonable of such party’s attorneys’ fees and costs for trial, alternative dispute resolution, and/or appellate proceedingsand expenses of litigation including any and all appeals or petitions as well as fees and costs incurred in enforcing any resulting judgment or award.
Appears in 1 contract
Samples: Settlement Agreement
Enforcement of Agreement. In the event that If any Party action is required brought to enforce the terms of this Agreement by court proceedings or otherwiseagreement, the prevailing Party party shall be entitled to recover all fees reasonable attorney’s fees, costs and costs incurredexpenses from the other party, including reasonable attorneys’ fees and costs for trial, alternative dispute resolution, and/or appellate proceedingsin addition to any other relief to which the prevailing party may be entitled.
Appears in 1 contract
Samples: Contractor Services Agreement
Enforcement of Agreement. In the event that If any Party is required to this Agreement commences a proceeding to enforce this Agreement by court proceedings or otherwiseits rights hereunder, the prevailing Party party shall be entitled to recover all fees its costs and costs incurredexpenses, including reasonable attorneys’ fees and costs for trialexpenses, alternative dispute resolutionif any, and/or appellate proceedingsreasonably incurred in connection with such proceeding.
Appears in 1 contract
Enforcement of Agreement. In the event that If any Party is required party to this Agreement brings an action to enforce this Agreement by court proceedings his, her or otherwiseits rights hereunder, the prevailing Party party shall be entitled to recover all fees his, her, or its costs and costs incurredexpenses, including reasonable court costs and attorneys’ fees and costs for trialfees, alternative dispute resolutionif any, and/or appellate proceedingsincurred in connection with such suit to the extent permitted by applicable law.
Appears in 1 contract
Enforcement of Agreement. In the event that If any Party is required party to this Agreement brings an action to enforce this Agreement by court proceedings or otherwiseits rights hereunder, the prevailing Party party shall be entitled to recover all fees its costs and costs incurredexpenses, including reasonable court costs and attorneys’ fees and costs for trial' fees, alternative dispute resolutionif any, and/or appellate proceedingsreasonably incurred in connection with such suit.
Appears in 1 contract
Enforcement of Agreement. In the event that If any Party is required brings an action or proceeding to enforce its rights under this Agreement by court proceedings or otherwiseAgreement, the prevailing Party shall be entitled to recover all fees its costs and costs incurredexpenses, including court costs and reasonable attorneys’ fees and costs for trialfees, alternative dispute resolutionif any, and/or appellate proceedingsincurred in connection with such action or proceeding.
Appears in 1 contract
Samples: Settlement Agreement
Enforcement of Agreement. In the event that any Party either party is required to enforce this Agreement by court proceedings or otherwise, then the prevailing Party party shall be entitled to recover all fees and costs incurred, including reasonable attorneys’ ' fees and costs for trial, alternative dispute resolution, and/or or appellate proceedings.
Appears in 1 contract
Samples: Street Tree Maintenance Agreement