Common use of Litigation Costs and Expenses Clause in Contracts

Litigation Costs and Expenses. If either Party institutes any legal suit, action, or proceeding against the other Party to enforce this Agreement (or obtain any other remedy regarding any breach of this Agreement, including, but not limited to, contract, equity, tort, fraud, and statutory claims), the prevailing party in a final, non-appealable judgment regarding the suit, action, or proceeding is entitled to receive, and the non-prevailing party shall pay, in addition to all other remedies to which the prevailing party may be entitled, the costs and expenses incurred by the prevailing party in conducting or defending the suit, action, or proceeding, including reasonable attorneys’ fees and expenses, and court costs, even if not recoverable by law (including, without limitation, all fees, taxes, costs, and expenses incident to appellate, bankruptcy, and post-judgment proceedings).

Appears in 2 contracts

Samples: Services Agreement (PHI Group, Inc./De), Services Agreement (PHI Group, Inc./De)

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Litigation Costs and Expenses. If either Party any party institutes any legal suit, action, action or proceeding against the other Party party to enforce this Agreement (or obtain any other remedy regarding any breach of this Agreement and/or arising out of or relating to this Agreement, including, including but not limited to, to contract, equity, tort, fraud, fraud and statutory claims), then the prevailing party in a final, non-non- appealable judgment regarding the suit, action, action or proceeding is entitled to receive, and the non-non- prevailing party shall pay, in addition to all other remedies to which the prevailing party may be entitled, the costs and expenses incurred by the prevailing party in conducting or defending the suit, action, action or proceeding, including reasonable attorneys’ fees and expenses' fees, expenses and court costs, even if not recoverable by law (costs including, without limitation, all fees, taxes, costs, costs and expenses incident to appellate, bankruptcy, and post-bankruptcy and/or post- judgment proceedings).

Appears in 1 contract

Samples: General Terms and Conditions

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Litigation Costs and Expenses. If either Party any party institutes any legal suit, action, or proceeding against the other Party party arising out of or relating to enforce this Agreement (or obtain any other remedy regarding any breach of this Agreement, including, but not limited to, contract, equity, tort, fraud, and statutory claims), the prevailing party in a final, non-appealable judgment regarding the suit, action, action or proceeding is entitled to receive, and the non-prevailing party shall pay, in addition to all other remedies to which the prevailing party may be entitled, the costs and expenses incurred by the prevailing party in conducting or defending the suit, action, or proceeding, including reasonable attorneys’ fees and expenses, and court costs, even if not recoverable by law (including, without limitation, all fees, taxes, costs, and expenses incident to appellate, bankruptcy, and post-judgment proceedings).

Appears in 1 contract

Samples: Employment Agreement (Cano Health, Inc.)

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