Enforcement of Release. If any action at law or in equity, including ---------------------- an action for declaratory or injunctive relief, is brought to enforce or interpret the provisions of this Release, the prevailing party shall be entitled to costs in bringing and prosecuting said action, including a reasonable amount for attorneys' fees.
Enforcement of Release. The release set forth in Section 4 above may be pleaded as the full and complete defense to, and as a basis for an injunction against, any action, suit or other proceeding which may be instituted, prosecuted or attempted with respect to any Claim. If [Vendor] brings an action in respect of any Claim released hereby, the Company shall be entitled to recover its costs and expenses, including court costs and attorneys' fees, if any, incurred in connection with such suit, including appeals therefrom, whether or not such action is prosecuted to final judgment.
Enforcement of Release. If any suit is brought to enforce this Release, the prevailing party in suit shall be entitled to all damages, remedies and reimbursement for costs, expenses and attorneys' fees incurred by it in each such suit.
Enforcement of Release. Notwithstanding any other provision of this Agreement, nothing in this Agreement will prevent the Released Parties from pleading this Settlement Agreement as a full and complete defense to any action, suit, or other proceeding that has been or may be instituted, prosecuted, or attempted with respect to any of the Released Claims and may be filed, offered, and received into evidence, and otherwise used for such defense.
Enforcement of Release. If any party to this Release brings an action to enforce his, her or its rights hereunder, the prevailing party shall be entitled to recover his, her or its costs and expenses, including court costs and attorneys’ fees, if any, incurred in connection with such suit to the extent permitted by applicable law.
Enforcement of Release. In any action brought to enforce, construe or seek damages for breach of this Agreement, or to rescind this Agreement, the prevailing party shall be entitled to recover its reasonable attorneys' fees, costs, and expenses of litigation in addition to any other monetary relief or other amount to which it may be entitled, regardless of whether legal action is actually commenced or not. The amount recoverable includes, without limitation, the preparation of any affirmative claims or defenses, counterclaims, cross-claims or third-party complaints.
Enforcement of Release. If any action at law or in equity, including ---------------------- an action for declaratory or injunctive relief, is brought to enforce or interpret the provisions of this
Enforcement of Release. As a condition to the transactions contemplated by the Agreement, the Company has executed a Supplemental Settlement and Release Agreement (the "RELEASE AGREEMENT") between the Company, ComVest Venture Partners, L.P. ("ComVest"), and Commonwealth Associates, L.P. ("Commonwealth") pursuant to which ComVest and Commonwealth agreed to release the Purchasers and their officers, directors, partners, shareholders, affiliates, subsidiaries, agents, attorneys, employees, predecessors, successors and assigns (the "RELEASED PERSONS") from any and all claims arising out of the actions or inactions of such parties in connection with the transactions contemplated by the Purchase Agreement, this Addendum, or the Company's performance of the Settlement Agreement between the Company, ComVest and Commonwealth dated November 12, 2001. The Company recognizes that the Releases Persons are intended to be third party beneficiaries of the Release Agreement and therefore agrees as follows:
Enforcement of Release. The release set forth in Section 5 above may be pleaded as the full and complete defense to, and as a basis for an injunction against, any action, suit or other proceeding which may be instituted, prosecuted or attempted with respect to any Claim. If the University brings an action in respect of any Claim released hereby, the Company and Spectrum shall be entitled to recover its costs and expenses, including court costs and attorneys' fees, if any, incurred in connection with such suit, including appeals therefrom, whether or not such action is prosecuted to final judgment. If the Company or Spectrum brings an action in respect of any Claim released hereby, the University shall be entitled to recover its costs and expenses, including court costs and attorneys' fees, if any, incurred in connection with such suit, including appeals therefrom, whether or not such action is prosecuted to final judgment.
