Common use of Legal and Other Costs Clause in Contracts

Legal and Other Costs. (a) In the event that any party (the "Defaulting Party") defaults in its obligations under this Agreement and, as a result thereof the other party (the "Non-Defaulting Party") seeks to legally enforce its rights hereunder against the Defaulting Party, then, in addition to all damages and other remedies to which the Non-Defaulting Party is entitled by reason of such default, the Defaulting Party shall promptly pay to the Non-Defaulting Party an amount equal to all costs and expenses (including reasonable attorneys' fees) paid or incurred by the Non-Defaulting Party in connection with such enforcement. (b) In the event that the Non-Defaulting Party is entitled to receive an amount of money by reason of the Defaulting Party's default hereunder, then, in addition to such amount of money, the Defaulting Party shall promptly pay to the Non-Defaulting Party a sum equal to interest on such amount of money accruing at the rate of 1% per month (but if such rate is not permitted under the laws of the State of Colorado, then at the highest rate which is permitted to be paid under the laws of the State of Colorado) during the period between the date such payment should have been made hereunder and the date of the actual payment thereof.

Appears in 2 contracts

Samples: Purchase and Sale Agreement (Oceanic Exploration Co), Purchase and Sale Agreement (Oceanic Exploration Co)

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Legal and Other Costs. (a) In the event that any party (the "Defaulting Party") defaults in his or its obligations under this Agreement and, as a result thereof thereof, the other party (the "Non-Defaulting Party") seeks to legally enforce his or its rights hereunder against the Defaulting Party, then, in addition to all damages and other remedies to which the Non-Defaulting Party is entitled by reason of such default, the Defaulting Party shall promptly pay to the Non-Defaulting Party an amount equal to all costs and expenses (including reasonable attorneys' fees) paid or incurred by the Non-Defaulting Party in connection with such enforcement. (b) In the event that the Non-Defaulting Party is entitled to receive an amount of money by reason of the Defaulting Party's default hereunder, then, in addition to such amount of money, the Defaulting Party shall promptly pay to the Non-Defaulting Party a sum equal to interest on such amount of money accruing at the rate of 12% per month (but if such rate is not permitted under the laws of the State of ColoradoDelaware, then at the highest rate which is permitted to be paid under the laws of the State of ColoradoDelaware) during the period between the date such payment should have been made hereunder and the date of the actual payment thereof.

Appears in 2 contracts

Samples: Purchase and Sale Agreement (Genmar Holdings Inc), Purchase and Sale Agreement (Genmar Holdings Inc)

Legal and Other Costs. (a) In the event that any party (the "Defaulting Party") defaults in his or its obligations under this Agreement and, as a result thereof thereof, the other party (the "Non-Defaulting Party") seeks to legally enforce his or its rights hereunder against the Defaulting Party, then, in addition to all damages and other remedies to which the Non-Defaulting Party is entitled by reason of such default, the Defaulting Party shall promptly pay to the Non-Defaulting Party an amount equal to all costs and expenses (including reasonable attorneys' fees) paid or incurred by the Non-Defaulting Party in connection with such enforcement. (b) In the event that the Non-Defaulting Party is entitled to receive an amount of money by reason of the Defaulting Party's default hereunder, then, in addition to such amount of money, the Defaulting Party shall promptly pay to the Non-Defaulting Party a sum equal to interest on such amount of money accruing at the rate of 1% per month (but if such rate is not permitted under the laws of the State of Colorado, then at the highest rate which is permitted to be paid under the laws of the State of Colorado) during the period between the date such payment should have been made hereunder and the date of the actual payment thereof.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Oceanic Exploration Co)

Legal and Other Costs. (a) In the event that any party (the "Defaulting Party") defaults in its obligations under this Agreement and, as a result thereof thereof, the other party (the "Non-Defaulting Party") seeks to legally enforce its rights hereunder against the Defaulting Party, then, in addition to all damages and other remedies to which the Non-Defaulting Party is entitled by reason of such default, the parties shall agree and stipulate in connection with any proceeding to enforce such rights that the court resolving such matter shall be requested to order, if such court determines that the Defaulting Party acted in bad faith or without a reasonable and substantial basis for its position, that the Defaulting Party shall promptly pay to the Non-Defaulting Party an amount equal to all costs and expenses (including reasonable attorneys' fees) paid or incurred by the Non-Defaulting Party in connection with such enforcement. (b) In the event that the Non-Non Defaulting Party is entitled to receive an amount of money by reason of the Defaulting Party's default hereunder, then, in addition to such amount of money, the Defaulting Party shall promptly pay to the Non-Non Defaulting Party a sum equal to the interest on such amount of money accruing at the rate of 12% per month (but if such rate is not permitted under the laws of the State of ColoradoNew York, then at the highest rate at which is permitted to be paid under the laws of the State of ColoradoNew York) during the period between the date such payment should have been made hereunder and the date of the actual payment thereof. (c) Except as provided in Section 13 hereof, each party hereto shall pay its own legal, accounting and other expenses in connection with the preparation, negotiation, execution and delivery of this Agreement and the consummation of the transactions contemplated hereby.

Appears in 1 contract

Samples: Stock Purchase Agreement (Greg Manning Auctions Inc)

Legal and Other Costs. (a) In Subject to Article X hereof, in the event that any party defaults (the "Defaulting Party") defaults in his or its obligations under this Agreement and, as a result thereof thereof, the other party (the "Non-Defaulting Party") seeks to legally enforce his or its rights hereunder against the Defaulting Party, then, in addition to all damages and other remedies to which the Non-Defaulting Party is entitled by reason of such default, the Defaulting Party shall promptly pay to the Non-Defaulting Party an amount equal to all costs and expenses (including reasonable attorneys' fees) paid or incurred by the Non-Defaulting Party in connection with such enforcement. (b) In Subject to Article X hereof, in the event that the Non-Defaulting Party is entitled to receive an amount of money by reason of the Defaulting Party's default hereunder, then, in addition to such amount of money, the Defaulting Party shall promptly pay to the Non-Defaulting Party a sum equal to interest on such amount of money accruing at the rate of 1% ten percent (10%) per month annum (but if such rate is not permitted under the laws of the State of ColoradoCalifornia, then at the highest rate which is permitted to be paid under the laws of the State of ColoradoCalifornia) during the period between the date such payment should have been made hereunder and the date of the actual payment thereof.

Appears in 1 contract

Samples: Asset Purchase Agreement (Styling Technology Corp)

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Legal and Other Costs. (a) 18.1 In the event that any party (the "Defaulting Party") defaults in his or its obligations under this Agreement and, as a result thereof thereof, the other party (the "Non-Defaulting Party") seeks to legally enforce his or its rights hereunder against the Defaulting Party, then, in addition to all damages and other remedies to which the Non-Defaulting Party is entitled by reason of such default, the Defaulting Party shall promptly pay to the Non-Defaulting Party an amount equal to all costs and expenses (including reasonable attorneys' fees) paid or incurred by the Non-Defaulting Party in connection with such enforcement. (b) 18.2 In the event that the Non-Defaulting Party is entitled to receive an amount of money by reason of the Defaulting Party's default hereunder, then, in addition to such amount of money, the Defaulting defaulting Party shall promptly pay to the Non-Defaulting Party a sum equal to interest on such amount of money accruing at the rate of 12% per month (but if such rate is not permitted under the laws of the State state having jurisdiction of Coloradosuch matter, then at the highest rate which is permitted to be paid under the laws of the State of Coloradosuch state) during the period between the date such payment should have been made hereunder and the date of the actual payment thereofthereof [sic].

Appears in 1 contract

Samples: Purchase and Sale Agreement (Venturi Technologies Inc)

Legal and Other Costs. (a) In the event that any party defaults (the "Defaulting Party") defaults in his or its obligations under this Agreement (which shall specifically exclude a Funding Default under Section 6.10(ii)) and, as a result thereof thereof, the other party (the "Non-Defaulting Party") seeks to legally enforce his or its rights hereunder against the Defaulting Party, then, in addition to all damages and other remedies to which the Non-Defaulting Party is entitled by reason of such default, the Defaulting Party shall promptly pay to the Non-Defaulting Party an amount equal to all costs and expenses (including reasonable attorneys' fees) paid or incurred by the Non-Defaulting Party in connection with such enforcement. (b) In the event that the Non-Defaulting Party is entitled to receive an amount of money by reason of the Defaulting Party's default hereunder, then, in addition to such amount of money, the Defaulting Party shall promptly pay to the Non-Defaulting Party a sum equal to interest on such amount of money accruing at the rate of 12% per month (but if such rate is not permitted under the laws of the State of ColoradoDelaware, then at the highest rate which is permitted to be paid under the laws of the State of ColoradoDelaware) during the period between the date such payment should have been made hereunder and the date of the actual payment thereof.

Appears in 1 contract

Samples: Merger Agreement (Genmar Holdings Inc)

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