Common use of ENTITLEMENT TO COSTS Clause in Contracts

ENTITLEMENT TO COSTS. If any legal action or dispute arises under this Assignment, arises by reason of any asserted breach of it, or arises between the parties and is related in any way to the subject matter of the Assignment, the prevailing party shall be entitled to recover all costs and expenses, including reasonable attorneys’ fees, investigative costs, reasonable accounting fees and charges for experts. The “prevailing party” shall be the party who obtains a final judgment in its favor or a provisional remedy such as a preliminary injunction or who is entitled to recover its reasonable costs of suit, whether or not the suit proceeds to final judgment; if there is no court action, the prevailing party shall be the party who wins any dispute. A party need not be awarded money damages or all relief sought in order to be considered the “prevailing party” by a court.

Appears in 2 contracts

Samples: Assignment Agreement (Abakan, Inc), Assignment Agreement (Abakan, Inc)

AutoNDA by SimpleDocs

ENTITLEMENT TO COSTS. If any legal action or dispute arises ---------------------- under this AssignmentAgreement, arises by reason of any asserted breach of it, or arises between the parties and is related in any way to the subject matter of the AssignmentAgreement, the prevailing party shall be entitled to recover all costs and expenses, including reasonable attorneys' fees, investigative costs, reasonable accounting fees and charges for experts. The "prevailing party" shall be the party who obtains a final judgment in its favor or a provisional remedy such as a preliminary injunction or who is entitled to recover its reasonable costs of suit, whether or not the suit proceeds to final judgment; if there is no court action, the prevailing party shall be the party who wins any dispute. A party need not be awarded money damages or all relief sought in order to be considered the "prevailing party" by a court.

Appears in 1 contract

Samples: . Agreement (Taylor Madison Corp)

AutoNDA by SimpleDocs

ENTITLEMENT TO COSTS. If any legal action or dispute arises ----------------------- under this AssignmentAgreement, arises by reason of any asserted breach of it, or arises between the parties and is related in any way to the subject matter of the AssignmentAgreement, the prevailing party shall be entitled to recover all costs and expenses, including reasonable attorneys' fees, investigative costs, reasonable accounting fees and charges for experts. The "prevailing party" shall be the party who obtains a final judgment in its favor or a provisional remedy such as a preliminary injunction or who is entitled to recover its reasonable costs of suit, whether or not the suit proceeds to final judgment; if there is no court action, the prevailing party shall be the party who wins any dispute. A party need not be awarded money damages or all relief sought in order to be considered the "prevailing party" by a court.

Appears in 1 contract

Samples: Exclusive Manuafacturing and Dsitribution Agreement (Taylor Madison Corp)

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!