Common use of Litigation and Attorneys' Fees Clause in Contracts

Litigation and Attorneys' Fees. If it shall be necessary for either party to this Agreement to bring suit to enforce any provisions hereof or for damages on account of any breach of this Agreement, the prevailing party on any issue in any such litigation and any appeals therefrom shall be entitled to recover from the other party, in addition to any damages or other relief granted as a result of such litigation, all costs and expenses of such litigation and a reasonable attorneys’ fee as fixed by the court.

Appears in 3 contracts

Samples: Agreement for Sale and Purchase of Membership Interests (Silver Star Capital Holdings, Inc.), Agreement for Sale and Purchase of Membership Interests (Tenby Pharma Inc), Agreement for Sale and Purchase of Membership Interests (Silver Star Capital Holdings, Inc.)

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Litigation and Attorneys' Fees. If it shall be necessary for either party to this Agreement Contract to bring suit to enforce any provisions hereof or for damages on account of any breach of this AgreementContract, the prevailing party on any issue in any such litigation and any appeals therefrom shall be entitled to recover from the other party, in addition to any damages or other relief granted as a result of such litigation, all costs and expenses of such litigation and a reasonable attorneys’ fee as fixed by the court.

Appears in 2 contracts

Samples: Contract for Sale and Purchase, Contract for Sale and Purchase (UCFH I Finance, Inc.)

Litigation and Attorneys' Fees. If it shall be necessary for either party to this Agreement to bring suit to construe, interpret or enforce any provisions hereof or for damages on account of any breach of this Agreement, the prevailing party on any issue in any such litigation and any appeals therefrom shall be entitled to recover from the other party, in addition to any damages or other relief granted as a result of such litigation, all costs and expenses of such litigation and a reasonable attorneys’ fee as fixed by the court.

Appears in 2 contracts

Samples: Purchase and Sale Agreement for Commercial Vacant Land, Purchase and Sale Agreement

Litigation and Attorneys' Fees. If In the event it shall be necessary for either party to this Agreement to bring suit to enforce or construe any provisions provision hereof (before or after Closing) or for damages on account of any breach of this Agreement, the prevailing party on any issue in any such litigation and any appeals therefrom shall be entitled to recover from the other party, in addition to any damages or other relief granted as a result of such litigation, all costs and expenses of such litigation and a reasonable attorneys’ fee attorney's fees (including attorney's fees and costs of appeals) as fixed determined by the courtCourt.

Appears in 1 contract

Samples: Agreement for Sale and Purchase (Roberts Realty Investors Inc)

Litigation and Attorneys' Fees. If it shall be necessary for either any party to this Agreement to bring suit to enforce any provisions hereof or for damages on account of any breach of this Agreement, the prevailing party on any issue in any such litigation and any appeals therefrom shall be entitled to recover from the other party, in addition to any damages or other relief granted as a result of such litigation, all costs and expenses of such litigation and a their reasonable attorneys’ fee as fixed by the court' and paralegals' fees.

Appears in 1 contract

Samples: Stock Purchase Option Agreement (Galaxy Nutritional Foods Inc)

Litigation and Attorneys' Fees. If In the event it shall be becomes necessary for either party Party to this Agreement to bring suit to enforce any provisions provision hereof or for damages on account of any breach of this AgreementAgreement or of any warranty, covenant, condition, requirement or obligation contained herein, the substantially prevailing party on any issue Party in any such litigation and any appeals therefrom shall litigation, including appeals, will be entitled to recover from the other partyParty, in addition to any damages or other relief granted as a result of such litigation, all costs and expenses of such litigation and a reasonable attorneys’ fee as fixed by the courtfees.

Appears in 1 contract

Samples: Landscape Maintenance Agreement (Aureus Greenway Holdings Inc)

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Litigation and Attorneys' Fees. If In the event that it shall be is necessary for either party to this Agreement to bring suit to enforce any provisions provision hereof or for damages on account of any breach of this AgreementAgreement or of any warranty, covenant, condition, requirement or obligation contained herein, the prevailing party on any issue in any such litigation and any appeals therefrom shall litigation, including appeals, will be entitled to recover from the other party, in addition to any damages or other relief granted as a result of such litigation, all costs and expenses of such litigation and a reasonable attorneys’ fee as fixed by the courtfees.

Appears in 1 contract

Samples: Landscape Maintenance Agreement

Litigation and Attorneys' Fees. If In the event that it shall be is necessary for either party to this Agreement to bring suit to enforce any provisions provision hereof or for damages on account of any breach of this AgreementAgreement or of any warranty, covenant, condition, requirement or obligation contained herein, the prevailing party on any issue in any such litigation and any appeals therefrom shall litigation, including appeals, will be entitled to recover from the other party, in addition to any damages or other relief granted as a result of such litigation, all costs and expenses of such litigation and a reasonable attorneys’ fee as fixed by the court' fees.

Appears in 1 contract

Samples: Services Agreement

Litigation and Attorneys' Fees. If it shall be necessary for either party to this Agreement to shall bring suit to enforce in connection with the enforcement or interpretation of any provisions hereof or for damages on account of any breach of this Agreementhereof, the prevailing party on any issue in any such litigation and any appeals therefrom shall be entitled to recover from the other party, in addition to any damages or other relief granted as a result of such litigation, all costs and expenses of such litigation and a reasonable attorneys’ fee as fixed by the court' fees and paralegals' fees incurred prior to trial, at trial, on appeal and in connection with any bankruptcy proceedings.

Appears in 1 contract

Samples: Settlement and Release Agreement (Healthaxis Inc)

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