Common use of LEGAL AND ENFORCEMENT COSTS Clause in Contracts

LEGAL AND ENFORCEMENT COSTS. The provisions of this paragraph 19 shall apply if it becomes reasonably necessary for the Executive to retain legal counsel or incur other costs and expenses in connection with either enforcing any right(s) under this Agreement or defending against any allegations of breach of this Agreement by the Company or U.S. Can: (a) The Executive shall be entitled to recover from the Company reasonable attorneys' fees, costs and expenses incurred by him in connection with such enforcement or defense. (b) Payments required under this paragraph 19 shall be made by the Company to the Executive (or directly to the Executive's attorney) promptly following submission to the Company of appropriate documentation evidencing the incurrence of such attorneys' fees, costs, and expenses. (c) The Executive shall be entitled to select his legal counsel; provided, however, that such right of selection shall not affect the requirement that any costs and expenses reimbursable under this paragraph 19 be reasonable. (d) The Executive's rights to payments under this paragraph 19 shall not be affected by the final outcome of any dispute with the Company or U.S. Can; provided, however, that to the extent that the arbitrators shall determine that under the circumstances recovery by the Executive of all or a part of any such fees and costs and expenses would be unjust, the Executive shall not be entitled to such recovery; and to the extent that such amount have been recovered by the Executive previously, the Executive shall promptly repay such amounts to the Company.

LEGAL AND ENFORCEMENT COSTS. The provisions of this This paragraph 19 10 shall apply if it becomes reasonably necessary or desirable for the Executive to retain legal counsel or incur other costs and expenses in connection with either enforcing any right(s) and all of his rights under this Agreement or defending against any allegations of breach of this Agreement by the Company or U.S. CanTrust: (a) The Executive shall be entitled to recover from the Company Trust reasonable attorneys' ’ fees, costs and expenses incurred by him in connection with such enforcement or defense. (b) Payments required under this paragraph 19 10 shall be made by the Company Trust to the Executive (or directly to the Executive's ’s attorney) promptly following submission to the Company Trust of appropriate documentation evidencing the incurrence of such attorneys' ’ fees, costs, and expenses. (c) The Executive shall be entitled to select his legal counsel; provided, however, that such right of selection shall not affect the requirement that any costs and expenses reimbursable under this paragraph 19 10 be reasonable. (d) The Executive's ’s rights to payments under this paragraph 19 10 shall not be affected by the final outcome of any dispute with the Company or U.S. CanTrust; provided, however, that to the extent that the arbitrators shall determine that under the circumstances recovery by the Executive of all or a part of any such fees and costs and expenses would be unjustunjust or inappropriate, the Executive shall not be entitled to such recovery; and to the extent that such amount have been recovered by the Executive previously, the Executive shall promptly repay such amounts to the CompanyTrust.

LEGAL AND ENFORCEMENT COSTS. The provisions of this paragraph 19 21 shall apply if it becomes reasonably necessary for the Executive to retain legal counsel or incur other costs and expenses in connection with either enforcing any right(s) and all of his rights under this Agreement or defending against any allegations of breach of this Agreement by the Company or U.S. Can: (a) The Executive shall be entitled to recover from the Company reasonable attorneys' fees, costs and expenses incurred by him in connection with such enforcement or defense. (b) Payments required under this paragraph 19 21 shall be made by the Company to the Executive (or directly to the Executive's attorney) promptly following submission to the Company of appropriate documentation evidencing the incurrence of such attorneys' fees, costs, and expenses. (c) The Executive shall be entitled to select his legal counsel; provided, however, that such right of selection shall not affect the requirement that any costs and expenses reimbursable under this paragraph 19 21 be reasonable. (d) The Executive's rights to payments under this paragraph 19 21 shall not be affected by the final outcome of any dispute with the Company or U.S. Can; provided, however, that to the extent that the arbitrators shall determine that under the circumstances recovery by the Executive of all or a part of any such fees and costs and expenses would be unjust, the Executive shall not be entitled to such recovery; and to the extent that such amount have been recovered by the Executive previously, the Executive shall promptly repay such amounts to the Company.

LEGAL AND ENFORCEMENT COSTS. The provisions of this This paragraph 19 10 shall apply if it becomes reasonably necessary or desirable for the Executive to retain legal counsel or incur other costs and expenses in connection with either enforcing any right(s) and all of his rights under this Agreement or defending against any allegations of breach of this Agreement by the Company or U.S. CanTrust: (a) The Executive shall be entitled to recover from the Company Trust reasonable attorneys' fees, costs and expenses incurred by him in connection with such enforcement or defense. (b) Payments required under this paragraph 19 10 shall be made by the Company Trust to the Executive (or directly to the Executive's attorney) promptly following submission to the Company Trust of appropriate documentation evidencing the incurrence of such attorneys' fees, costs, and expenses. (c) The Executive shall be entitled to select his legal counsel; provided, however, that such right of selection shall not affect the requirement that any costs and expenses reimbursable under this paragraph 19 10 be reasonable. (d) The Executive's rights to payments under this paragraph 19 10 shall not be affected by the final outcome of any dispute with the Company or U.S. CanTrust; provided, however, that to the extent that the arbitrators shall determine that under the circumstances recovery by the Executive of all or a part of any such fees and costs and expenses would be unjustunjust or inappropriate, the Executive shall not be entitled to such recovery; and to the extent that such amount have been recovered by the Executive previously, the Executive shall promptly repay such amounts to the CompanyTrust.

LEGAL AND ENFORCEMENT COSTS. The provisions of this paragraph 19 23 shall apply if it becomes reasonably necessary or desirable for the Executive to retain legal counsel or incur other costs and expenses in connection with either enforcing any right(s) and all of his rights under this Agreement or defending against any allegations of breach of this Agreement by the Company or U.S. CanCompany: (a) The Executive shall be entitled to recover from the Company reasonable attorneys' ’ fees, costs and expenses incurred by him in connection with such enforcement or defense. (b) Payments required under this paragraph 19 23 shall be made by the Company to the Executive (or directly to the Executive's ’s attorney) promptly following submission to the Company of appropriate documentation evidencing the incurrence of such attorneys' ’ fees, costs, and expenses. (c) The Executive shall be entitled to select his legal counsel; provided, however, that such right of selection shall not affect the requirement that any costs and expenses reimbursable under this paragraph 19 23 be reasonable. (d) The Executive's ’s rights to payments under this paragraph 19 23 shall not be affected by the final outcome of any dispute with the Company or U.S. CanCompany; provided, however, that to the extent that the arbitrators shall determine that under the circumstances recovery by the Executive of all or a part of any such fees and costs and expenses would be unjustunjust or inappropriate, the Executive shall not be entitled to such recovery; and to the extent that such amount have been recovered by the Executive previously, the Executive shall promptly repay such amounts to the Company.

LEGAL AND ENFORCEMENT COSTS. The provisions of this paragraph 19 24 shall apply if it becomes reasonably necessary or desirable for the Executive to retain legal counsel or incur other costs and expenses in connection with either enforcing any right(s) and all of his rights under this Agreement or defending against any allegations of breach of this Agreement by the Company or U.S. CanCompany: (a) The Executive shall be entitled to recover from the Company reasonable attorneys' ’ fees, costs and expenses incurred by him in connection with such enforcement or defense. (b) Payments required under this paragraph 19 24 shall be made by the Company to the Executive (or directly to the Executive's ’s attorney) promptly following submission to the Company of appropriate documentation evidencing the incurrence of such attorneys' ’ fees, costs, and expenses. (c) The Executive shall be entitled to select his legal counsel; provided, however, that such right of selection shall not affect the requirement that any costs and expenses reimbursable under this paragraph 19 24 be reasonable. (d) The Executive's ’s rights to payments under this paragraph 19 24 shall not be affected by the final outcome of any dispute with the Company or U.S. CanCompany; provided, however, that to the extent that the arbitrators shall determine that under the circumstances recovery by the Executive of all or a part of any such fees and costs and expenses would be unjustunjust or inappropriate, the Executive shall not be entitled to such recovery; and to the extent that such amount have been recovered by the Executive previously, the Executive shall promptly repay such amounts to the Company.

LEGAL AND ENFORCEMENT COSTS. The provisions of this paragraph 19 23 shall apply if it becomes reasonably necessary or desirable for the Executive to retain legal counsel or incur other costs and expenses in connection with either enforcing any right(s) and all of his rights under this Agreement or defending against any allegations of breach of this Agreement by the Company or U.S. CanCompany: (a) The Executive shall be entitled to recover from the Company reasonable attorneys' ’ fees, costs and expenses incurred by him in connection with such enforcement or defense. (b) Payments required under The Executive shall submit to the Company, within 30 days of incurring an expense subject to reimbursement pursuant to this paragraph 19 shall be made by 23, appropriate documentation evidencing that the Executive has incurred the expense and the amount thereof. Within 30 days of receipt of such documentation, the Company shall pay to the Executive (or or, at the Executive’s direction, to directly to the Executive's ’s attorney) promptly following submission any payments that are otherwise to the Company of appropriate documentation evidencing the incurrence of such attorneys' fees, costs, and expensesbe made pursuant to this paragraph 23. (c) The Executive shall be entitled to select his legal counsel; provided, however, that such right of selection shall not affect the requirement that any costs and expenses reimbursable under this paragraph 19 23 be reasonable. (d) The Executive's ’s rights to payments under this paragraph 19 23 shall not be affected by the final outcome of any dispute with the Company or U.S. CanCompany; provided, however, that to the extent that the arbitrators shall determine that under the circumstances recovery by the Executive of all or a part of any such fees and costs and expenses would be unjustunjust or inappropriate, the Executive shall not be entitled to such recovery; and to the extent that such amount have been recovered by the Executive previously, the Executive shall promptly repay such amounts to the Company.

LEGAL AND ENFORCEMENT COSTS. The provisions of this This paragraph 19 10 shall apply if it becomes reasonably necessary or desirable for the Executive to retain legal counsel or incur other costs and expenses in connection with either enforcing any right(s) and all of his rights under this Agreement or defending against any allegations of breach of this Agreement by the Company or U.S. CanTrust: (a) The Executive shall be entitled to recover from the Company Trust reasonable attorneys' ’ fees, costs and expenses incurred by him his in connection with such enforcement or defense. (b) Payments required under this paragraph 19 10 shall be made by the Company Trust to the Executive (or directly to the Executive's ’s attorney) promptly following submission to the Company Trust of appropriate documentation evidencing the incurrence of such attorneys' ’ fees, costs, and expenses. (c) The Executive shall be entitled to select his legal counsel; provided, however, that such right of selection shall not affect the requirement that any costs and expenses reimbursable under this paragraph 19 10 be reasonable. (d) The Executive's ’s rights to payments under this paragraph 19 10 shall not be affected by the final outcome of any dispute with the Company or U.S. CanTrust; provided, however, that to the extent that the arbitrators shall determine that under the circumstances recovery by the Executive of all or a part of any such fees and costs and expenses would be unjustunjust or inappropriate, the Executive shall not be entitled to such recovery; and to the extent that such amount have been recovered by the Executive previously, the Executive shall promptly repay such amounts to the CompanyTrust.

LEGAL AND ENFORCEMENT COSTS. The provisions of this paragraph 19 24 shall apply if it becomes reasonably necessary or desirable for the Executive to retain legal counsel or incur other costs and expenses in connection with either enforcing any right(s) and all of her rights under this Agreement or defending against any allegations of breach of this Agreement by the Company or U.S. CanCompany: (a) The Executive shall be entitled to recover from the Company reasonable attorneys' ’ fees, costs and expenses incurred by him her in connection with such enforcement or defense. (b) Payments required under The Executive shall submit to the Company, within 30 days of incurring an expense subject to reimbursement pursuant to this paragraph 19 shall be made by 24, appropriate documentation evidencing that the Executive has incurred the expense and the amount thereof. Within 30 days of receipt of such documentation, the Company shall pay to the Executive (or or, at the Executive’s direction, to directly to the Executive's ’s attorney) promptly following submission any payments that are otherwise to the Company of appropriate documentation evidencing the incurrence of such attorneys' fees, costs, and expensesbe made pursuant to this paragraph 24. (c) The Executive shall be entitled to select his her legal counsel; provided, however, that such right of selection shall not affect the requirement that any costs and expenses reimbursable under this paragraph 19 24 be reasonable. (d) The Executive's ’s rights to payments under this paragraph 19 24 shall not be affected by the final outcome of any dispute with the Company or U.S. CanCompany; provided, however, that to the extent that the arbitrators shall determine that under the circumstances recovery by the Executive of all or a part of any such fees and costs and expenses would be unjustunjust or inappropriate, the Executive shall not be entitled to such recovery; and to the extent that such amount have been recovered by the Executive previously, the Executive shall promptly repay such amounts to the Company.

LEGAL AND ENFORCEMENT COSTS. The provisions of this This paragraph 19 10 shall apply if it becomes reasonably necessary or desirable for the Executive to retain legal counsel or incur other costs and expenses in connection with either enforcing any right(s) and all of her rights under this Agreement or defending against any allegations of breach of this Agreement by the Company or U.S. CanTrust: (a) The Executive shall be entitled to recover from the Company Trust reasonable attorneys' ’ fees, costs and expenses incurred by him her in connection with such enforcement or defense. (b) Payments required under this paragraph 19 10 shall be made by the Company Trust to the Executive (or directly to the Executive's ’s attorney) promptly following submission to the Company Trust of appropriate documentation evidencing the incurrence of such attorneys' ’ fees, costs, and expenses. (c) The Executive shall be entitled to select his her legal counsel; provided, however, that such right of selection shall not affect the requirement that any costs and expenses reimbursable under this paragraph 19 10 be reasonable. (d) The Executive's ’s rights to payments under this paragraph 19 10 shall not be affected by the final outcome of any dispute with the Company or U.S. CanTrust; provided, however, that to the extent that the arbitrators shall determine that under the circumstances recovery by the Executive of all or a part of any such fees and costs and expenses would be unjustunjust or inappropriate, the Executive shall not be entitled to such recovery; and to the extent that such amount have been recovered by the Executive previously, the Executive shall promptly repay such amounts to the CompanyTrust.

LEGAL AND ENFORCEMENT COSTS. The provisions of this paragraph 19 shall apply if it becomes reasonably necessary for the Executive to retain legal counsel or incur other costs and expenses in connection with either enforcing any right(s) under this Agreement or defending against any allegations of breach of this Agreement by the Company or U.S. Can: (a) The Executive shall be entitled to recover from the Company reasonable attorneys' fees, costs and expenses incurred by him her in connection with such enforcement or defense. (b) Payments required under this paragraph 19 shall be made by the Company to the Executive (or directly to the Executive's attorney) promptly following submission to the Company of appropriate documentation evidencing the incurrence of such attorneys' fees, costs, and expenses. (c) The Executive shall be entitled to select his her legal counsel; provided, however, that such right of selection shall not affect the requirement that any costs and expenses reimbursable under this paragraph 19 be reasonable. (d) The Executive's rights to payments under this paragraph 19 shall not be affected by the final outcome of any dispute with the Company or U.S. Can; provided, however, that to the extent that the arbitrators shall determine that under the circumstances recovery by the Executive of all or a part of any such fees and costs and expenses would be unjust, the Executive shall not be entitled to such recovery; and to the extent that such amount have been recovered by the Executive previously, the Executive shall promptly repay such amounts to the Company.