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)
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
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 Manufacturing and Distribution Agreement (Taylor Madison Corp)