Common use of LEGAL AND ENFORCEMENT COSTS Clause in Contracts

LEGAL AND ENFORCEMENT COSTS. The provisions of this Section 16 shall apply if it becomes necessary or desirable for the Executive to retain legal counsel or incur other costs and expenses in connection with enforcing any and all rights under this Agreement or any other compensation plan maintained by the Company; (a) The Executive shall be entitled to recover from the Company reasonable attorneys’ fees, costs and expenses incurred in connection with such enforcement or defense. (b) Payments required under this Section 16 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 legal counsel; provided, however, that such right of selection shall not affect the requirement that any costs and expenses reimbursable under this Section 16 be reasonable. (d) The Executive’s rights to payments under this Section 16 shall not be affected by the final outcome of any dispute with the Company.

Appears in 9 contracts

Samples: Engagement Agreement (Capital Gold Corp), Executive Employment Agreement (Capital Gold Corp), Executive Employment Agreement (Capital Gold Corp)

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LEGAL AND ENFORCEMENT COSTS. The provisions of this Section 16 shall apply if it becomes necessary or desirable for the Executive to retain legal counsel or incur other costs and expenses in connection with enforcing any and all rights under this Agreement or any other compensation plan maintained by the Company;: (a) The Executive shall be entitled to recover from the Company reasonable attorneys’ fees, costs and expenses incurred in connection with such enforcement or defense. (b) Payments required under this Section 16 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 legal counsel; provided, however, that such right of selection shall not affect the requirement that any costs and expenses reimbursable under this Section 16 be reasonable. (d) The Executive’s rights to payments under this Section 16 shall not be affected by the final outcome of any dispute with the Company.

Appears in 7 contracts

Samples: Engagement Agreement (Gammon Gold Inc.), Engagement Agreement (Gammon Gold Inc.), Engagement Agreement (Capital Gold Corp)

LEGAL AND ENFORCEMENT COSTS. The provisions of this Section 16 shall apply if it becomes necessary or desirable for the Executive Chief Financial Officer to retain legal counsel or incur other costs and expenses in connection with enforcing any and all rights under this Agreement or any other compensation plan maintained by the Company; (a) The Executive Chief Financial Officer shall be entitled to recover from the Company reasonable attorneys' fees, costs and expenses incurred in connection with such enforcement or defense. (b) Payments required under this Section 16 shall be made by the Company to the Executive Chief Financial Officer (or directly to the Executive’s Chief Financial Officer's attorney) promptly following submission to the Company of appropriate documentation evidencing the incurrence of such attorneys' fees, costs, and expenses. (c) The Executive Chief Financial Officer shall be entitled to select legal counsel; provided, however, that such right of selection shall not affect the requirement that any costs and expenses reimbursable under this Section 16 be reasonable. (d) The Executive’s Chief Financial Officer's rights to payments under this Section 16 shall not be affected by the final outcome of any dispute with the Company.

Appears in 1 contract

Samples: Change in Control Agreement (Hemispherx Biopharma Inc)

LEGAL AND ENFORCEMENT COSTS. The provisions of this Section 16 shall apply if it becomes necessary or desirable for the Executive Xxxxxx to retain legal counsel or incur other costs and expenses in connection with enforcing any and all rights under this Agreement or any other compensation plan maintained by the Company; (a) The Executive Xxxxxx shall be entitled to recover from the Company reasonable attorneys' fees, costs and expenses incurred in connection with such enforcement or defense. (b) Payments required under this Section 16 shall be made by the Company to the Executive Xxxxxx (or directly to the Executive’s Carter's attorney) promptly following submission to the Company of appropriate documentation evidencing the incurrence of such attorneys' fees, costs, and expenses. (c) The Executive Xxxxxx shall be entitled to select legal counsel; provided, however, that such right of selection shall not affect the requirement that any costs and expenses reimbursable under this Section 16 be reasonable. (d) The Executive’s Carter's rights to payments under this Section 16 shall not be affected by the final outcome of any dispute with the Company.

Appears in 1 contract

Samples: Change in Control Agreement (Hemispherx Biopharma Inc)

LEGAL AND ENFORCEMENT COSTS. The provisions of this Section 16 14 shall apply if it becomes necessary or desirable for the Executive to retain legal counsel or incur other costs and expenses in connection with enforcing any and all rights under this Agreement or any other compensation plan maintained by the Company;: (a) The Executive shall be entitled to recover from the Company reasonable attorneys’ fees, costs and expenses incurred in connection with such enforcement or defense. (b) Payments required under this Section 16 14 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 legal counsel; provided, however, that such right of selection shall not affect the requirement that any costs and expenses reimbursable under this Section 16 14 be reasonable. (d) The Executive’s rights to payments under this Section 16 14 shall not be affected by the final outcome of any dispute with the Company.

Appears in 1 contract

Samples: Employment Agreement (Capital Gold Corp)

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LEGAL AND ENFORCEMENT COSTS. The provisions of this Section 16 shall apply if it becomes necessary or desirable for the Executive to retain legal counsel or incur other costs and expenses in connection with enforcing any and all rights under this Agreement or any other compensation plan maintained by the Company;: (a) The Executive shall be entitled to recover from the Company reasonable attorneys’ fees, costs and expenses incurred in connection with such enforcement or defense; provided, however, the Executive acknowledges that he shall be solely and fully responsible for such fees, costs and expenses if the Company is the prevailing party in any action. (b) Payments required under this Section 16 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 legal counsel; provided, however, that such right of selection shall not affect the requirement that any costs and expenses reimbursable under this Section 16 be reasonable. (d) The Executive’s rights to payments under this Section 16 shall not be affected by the final outcome of any dispute with the Company.

Appears in 1 contract

Samples: Executive Employment Agreement (Capital Gold Corp)

LEGAL AND ENFORCEMENT COSTS. The provisions of this Section 16 17 shall apply if it becomes necessary or desirable for the Executive to retain legal counsel or incur other costs and expenses in connection with enforcing any and all rights under this Agreement or any other compensation plan maintained by the Company;: (a) The Executive shall be entitled to recover from the Company reasonable attorneys' fees, costs and expenses incurred in connection with such enforcement or defense. (b) Payments required under this Section 16 17 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 legal counsel; provided, however, that such right of selection shall not affect the requirement that any costs and expenses reimbursable under this Section 16 18 be reasonable. (d) The Executive’s 's rights to payments under this Section 16 18 shall not be affected by the final outcome of any dispute with the Company.

Appears in 1 contract

Samples: Change in Control Agreement (Hemispherx Biopharma Inc)

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