LITIGATION COSTS AND ATTORNEYS’ FEES Sample Clauses

LITIGATION COSTS AND ATTORNEYS’ FEES. In the event that it becomes necessary for the Trustees to engage legal counsel or initiate litigation in order to recover unpaid contributions, to compel the production of payroll records and other relevant records for audit, or to receive monthly reporting forms, the Individual Employer shall pay, in addition to the principal amount of fringe benefit contributions and liquidated damages, pre-judgment interest at the rate of ten percent (10%) per annum, attorneys’ fees, court costs, audit costs and any other costs or expenses incurred by the Trust Funds in connection with such suit, claim or demand.
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LITIGATION COSTS AND ATTORNEYS’ FEES. If any action, at law or equity, including an action for declaratory relief, is brought to enforce or interpret this Agreement, then the prevailing party shall be entitled to recover its reasonable costs, expenses, and attorney fees from the other party, in addition to other relief that maybe awarded.
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LITIGATION COSTS AND ATTORNEYS’ FEES. If it becomes necessary for the trustees to engage legal counsel or initiate litigation to recover unpaid contributions, to obtain the employer’s records for audit, or to receive monthly reporting forms, the Individual Employer shall pay, in addition to the principal amount of fringe benefit contributions and liquidated damages, pre-judgment interest at the rate of ten percent (10%) per annum, attorney's fees, court costs, audit costs and any other costs or expenses incurred by the Trust Funds in connection with such suit, claim or demand. Litigation may be initiated for any violation of this Article XIII without prior recourse to the grievance and arbitration provisions of this Agreement.
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LITIGATION COSTS AND ATTORNEYS’ FEES. In the event of any litigation or other action between Tenant and Landlord to enforce any provision of this Lease or otherwise with respect to the subject matter hereof, the unsuccessful party in such litigation or other action (as to liability, without regard to any monetary award) shall pay to the successful party all costs and expenses, including reasonable attorneys’ fees and disbursements. incurred therein by the successful party.
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LITIGATION COSTS AND ATTORNEYS’ FEES. If any Party(s) shall commence legal proceedings against any other Party(s) to enforce the provisions of this Agreement or to declare any rights of obligations under this Agreement, then the prevailing Party(s) shall recover from the losing Party(s) its/their costs of suit, including attorneys' fees, as shall be determined by the court.
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LITIGATION COSTS AND ATTORNEYS’ FEES. Complainant acknowledges that payment to him of the amount set forth in the paragraph title Payments above is for costs and full settlement of all Claims released herein. The parties shall each bear all other costs and expenses, including litigation costs and attorney's fees that they have and will incur up to and in the execution and administration of this Agreement.
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LITIGATION COSTS AND ATTORNEYS’ FEES. In the event the Property or any part thereof becomes the subject of or involved in any action or court proceeding (including any bankruptcy case or proceeding), the prevailing party in such litigation shall recover and be reimbursed by the non-prevailing party for all costs, charges and expenses, including reasonable attorney's fees, and further including those on appeal, incurred by in connection with or growing out of such action or proceeding and all such costs, charges, expenses and attorney's fees shall be secured, if in favor of Mortgagee, by the lien of this Mortgage. The non-prevailing party agrees to pay all such costs, charges, expenses and attorney's fees, costs of abstracts of title, title searches and appraisals, incurred or paid at any time by the prevailing party because of the failure of the non-prevailing party to fully perform the agreements and covenants of the Note or this Mortgage or of any other instrument securing the Note or executed in connection with the loan evidenced by the Note. Said costs, charges and expenses shall be immediately due and payable and secured by the lien of this Mortgage if Mortgagee is the prevailing party. Said reasonable attorney's fees shall include any such incurred or expended at any time by the Mortgage after any default by the Mortgagor as specified above even if incurred prior to the commencement of any action or otherwise, in the foreclosure of this Mortgage or the collection of the amount secured hereby, of Mortgagee is the prevailing party. The obligation to pay costs, expenses and attorney's fees shall include those costs, expenses and fees incurred by the Mortgagee in seeking to collect or enforce any judgment entered on the Note, this Mortgage and such obligation shall not merge in such judgment or judgments but shall survive and continue until all debts and obligations evidenced by the Note, this Mortgage or any other instruments of security, and any judgment or judgments entered thereon or foreclosures thereof are enforced, paid and satisfied in full, if Mortgagee is the prevailing party. TRIAL BY JURY OF ALL ACTIONS ARISING HEREUNDER IS IRREVOCABLY WAIVED AND ALL ACTIONS, IN LAW, EQUITY OR OTHERWISE, SHALL BE TRIED TO THE COURT SITTING WITHOUT A JURY.
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LITIGATION COSTS AND ATTORNEYS’ FEES. A. Interest, Costs, and Attorneys’ Fees. If it becomes necessary for the trustees to engage legal counsel or initiate litigation to recover unpaid contributions, to obtain the employer’s records for audit, or to receive monthly reporting forms, the Individual Employer shall pay, in addition to the principal amount of fringe benefit contributions and liquidated damages, pre-judgment interest at the rate of ten percent (10%) per annum, attorney's fees, court costs, audit costs and any other costs or expenses incurred by the Trust Funds in connection with such suit, claim or demand. Litigation may be initiated for any violation of this Article XIII without prior recourse to the grievance and arbitration provisions of this Agreement.
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LITIGATION COSTS AND ATTORNEYS’ FEES. In the event of any litigation or other action between the City and the Contractor to enforce any provision of this Agreement or otherwise with respect to the subject matter hereof, each Party shall bear all of its own costs and expenses, including attorneys’ fees.
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Related to LITIGATION COSTS AND ATTORNEYS’ FEES

  • Collection Costs and Attorneys’ Fees If a Party fails to perform an obligation or otherwise breaches one or more of the terms of this Agreement, the other Party may recover from the non-performing breaching Party all its costs (including actual attorneys’ and investigative fees) to enforce the terms of this Agreement.

  • Costs and Attorneys’ Fees In the event that any action, suit or other proceeding is instituted concerning or arising out of this Agreement or any transaction contemplated hereunder, the prevailing party shall recover all of such party’s costs and attorneys’ fees incurred in each such action, suit or other proceeding, including any and all appeals or petitions therefrom.

  • Expenses and Attorneys’ Fees Whether or not the transactions contemplated hereby shall be consummated, the Borrowers agree to promptly pay all reasonable fees, costs and expenses incurred by Lender in connection with any matters contemplated by or arising out of this Loan Agreement, including the following, and all such fees, costs and expenses shall be part of the Obligations, payable on demand: (A) reasonable fees, costs and expenses (including reasonable attorneys' fees, and other professionals retained by Lender) incurred in connection with the examination, review, due diligence investigation, documentation and closing of the financing arrangements evidenced by the Loan Documents; (B) subject to Section 10.2, reasonable fees, costs and expenses (including reasonable attorneys' fees and other professionals retained by Lender) incurred in connection with the administration of the Loan Documents and the Loan and any amendments, modifications and waivers relating thereto; (C) subject to Section 10.2, reasonable fees, costs and expenses (including reasonable attorneys' fees) incurred in connection with the review, documentation, negotiation, closing and administration of any subordination or intercreditor agreements; and (D) reasonable fees, costs and expenses (including reasonable attorneys' fees and fees of other professionals retained by Lender) incurred in any action to enforce or interpret this Loan Agreement or the other Loan Documents or to collect any payments due from the Borrowers under this Loan Agreement, the Note or any other Loan Document or incurred in connection with any refinancing or restructuring of the credit arrangements provided under this Loan Agreement, whether in the nature of a "workout" or in connection with any insolvency or bankruptcy proceedings or otherwise. Any costs and expenses due and payable to Lender after the Closing Date may be paid to Lender pursuant to the Cash Management Agreement.

  • COSTS, EXPENSES AND ATTORNEYS' FEES Borrower shall pay to Bank immediately upon demand the full amount of all payments, advances, charges, costs and expenses, including reasonable attorneys' fees (to include outside counsel fees and all allocated costs of Bank's in-house counsel), expended or incurred by Bank in connection with (a) the negotiation and preparation of this Agreement and the other Loan Documents, Bank's continued administration hereof and thereof, and the preparation of any amendments and waivers hereto and thereto, (b) the enforcement of Bank's rights and/or the collection of any amounts which become due to Bank under any of the Loan Documents, and (c) the prosecution or defense of any action in any way related to any of the Loan Documents, including without limitation, any action for declaratory relief, whether incurred at the trial or appellate level, in an arbitration proceeding or otherwise, and including any of the foregoing incurred in connection with any bankruptcy proceeding (including without limitation, any adversary proceeding, contested matter or motion brought by Bank or any other person) relating to any Borrower or any other person or entity.

  • Litigation and Attorneys' Fees Borrower will pay promptly to Bank upon demand, reasonable attorneys' fees (including but not limited to the reasonable estimate of the allocated costs and expenses of in-house legal counsel and legal staff) and all costs and other expenses paid or incurred by Bank in collecting, modifying or compromising the Loan or in enforcing or exercising its rights or remedies created by, connected with or provided for in this Agreement or any of the Loan Documents, whether or not an arbitration, judicial action or other proceeding is commenced. If such proceeding is commenced, only the prevailing party shall be entitled to attorneys' fees and court costs.

  • Attorneys’ Fees and Costs If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, costs and necessary disbursements in addition to any other relief to which he may be entitled.

  • Expenses; Attorneys’ Fees The prevailing party shall be awarded all costs and expenses of the proceeding, including, but not limited to, attorneys’ fees, filing and service fees, witness fees, and arbitrators’ fees. If arbitration is commenced, the arbitrator will have full authority and complete discretion to determine the “prevailing party” and the amount of costs and expenses to be awarded.

  • Attorneys’ Fees, Costs and Expenses In any action or proceeding between Borrower and Bank arising out of or relating to the Loan Documents, the prevailing party shall be entitled to recover its reasonable attorneys’ fees and other costs and expenses incurred, in addition to any other relief to which it may be entitled.

  • Litigation Costs If any legal action or other proceeding is brought for the enforcement of this Agreement or to remedy its breach, the prevailing party in such action or proceeding shall be entitled to recover its actual attorney's fees and other costs incurred in the action or proceeding, in addition to such other relief to which it may be entitled.

  • Attorneys’ Fees In the event of any dispute between the parties concerning the terms and provisions of this Warrant, the party prevailing in such dispute shall be entitled to collect from the other party all costs incurred in such dispute, including reasonable attorneys’ fees.

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