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.
Appears in 17 contracts
Samples: Winthorp Capital Consulting Agreement (GlyEco, Inc.), Asset Purchase Agreement (Ceres Ventures, Inc.), Asset Purchase Agreement (Flexpoint Sensor Systems Inc)
Litigation Costs. If any legal action or other proceeding of any kind is brought for the enforcement of this Agreement or to remedy its breachbecause of a default, misrepresentation, or any other dispute in connection with any provision of this Agreement or the Services, the successful or prevailing party in such action or proceeding shall be entitled to recover its actual attorney's all fees and other costs incurred in the such action or proceeding, in addition to such any other relief to which it may be entitled.
Appears in 13 contracts
Samples: Management Agreement (Landmark Infrastructure Partners LP), Management Agreement (DigitalBridge Group, Inc.), Management Agreement (American Tower Corp /Ma/)
Litigation Costs. If In the event that any legal action or other proceeding is brought for the enforcement of Party to this Agreement or resorts to remedy its breachlegal proceedings to enforce this Agreement, the prevailing party Party in such action or proceeding proceedings shall be entitled to recover its actual attorney's fees and other all costs incurred in the action or proceedingby such Party, in addition to such other relief to which it may be entitledincluding reasonable attorney fees.
Appears in 4 contracts
Samples: Contribution Agreement (New Source Energy Corp), Contribution Agreement (New Source Energy Corp), Purchase and Sale Agreement (GMX Resources Inc)
Litigation Costs. If any legal action or other proceeding of any kind is brought for the enforcement or interpretation of this Agreement, or because of a default, misrepresentation, or any other dispute in connection with any provision of this Agreement or to remedy its breachthe Property, the prevailing party in such action or proceeding shall be entitled to recover its actual attorney's all fees and other costs incurred in the such action or proceeding, in addition to such any other relief to which it may be entitled.
Appears in 4 contracts
Samples: Management and Services Agreement, Management and Services Agreement (Rancon Realty Fund Iv), Management and Services Agreement (Rancon Income Fund I)
Litigation Costs. If any legal action or other proceeding of any kind is brought for the enforcement of this Agreement or to remedy its breachbecause of a default, misrepresentation, or any other dispute in connection with any provision of this Agreement or the Properties, the successful or prevailing party in such action or proceeding shall be entitled to recover its actual attorney's all reasonable fees and other costs incurred in the such action or proceeding, in addition to such any other relief to which it may be entitled.
Appears in 3 contracts
Samples: Property Management Agreement (Strategic Realty Trust, Inc.), Property Management Agreement (Strategic Realty Trust, Inc.), Property Management Agreement (Strategic Realty Trust, Inc.)
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 ’s fees and other costs incurred in the action or proceeding, in addition to such other relief to which it may be entitled.
Appears in 3 contracts
Samples: Asset Purchase Agreement (Green Technology Solutions, Inc.), Asset Purchase Agreement (Green Technology Solutions, Inc.), Asset Purchase and Sale Agreement (Xstream Beverage Group Inc)
Litigation Costs. If any legal action or other proceeding is brought In the event it becomes necessary for a party hereto to initiate litigation for the enforcement purpose of enforcing any of its rights hereunder or for the purpose of seeking damages for any violation of this Agreement or Agreement, then, in addition to remedy its breachany and all other judicial remedies that may be granted, the prevailing party in such action or proceeding shall be entitled to recover its actual attorney's attorneys’ fees and all other costs incurred sustained by it in the action or proceeding, in addition to such other relief to which it may be entitledconnection with that litigation.
Appears in 3 contracts
Samples: Sale Agreement (Nuance Communications, Inc.), Asset Sale Agreement (Nant Health, LLC), Asset Sale Agreement (Harris Corp /De/)
Litigation Costs. If any legal action or other proceeding is brought for the enforcement of this Agreement Rescission Agreement, or to remedy its because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions thereof, the successful or prevailing party in such action or proceeding parties shall be entitled to recover its actual attorney's reasonable attorneys' fees and other costs incurred in the that action or proceeding, in addition to such any other relief to which it or they may be entitled.
Appears in 2 contracts
Samples: Rescission Agreement (Axia Group, Inc.), Rescission Agreement (Axia Group, Inc.)
Litigation Costs. If any a legal action action, arbitration or other proceeding is brought for the enforcement of this Agreement agreement, or to remedy its because of an alleged dispute, breach, default or misrepresentation in connection with this agreement, the successful or prevailing party in such action or proceeding parties shall be entitled to recover its actual attorney's reasonable attorneys' fees and other costs incurred in the that action or proceeding, in addition to such any other relief to which it or they may be entitled.
Appears in 2 contracts
Samples: Agreement for Purchase and Sale (Pegasus Wireless Corp), Agreement for Purchase and Sale (Pegasus Wireless Corp)
Litigation Costs. If any legal action or any arbitration or other proceeding is brought for the enforcement of this Agreement Agreement, or to remedy its because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party in such action or proceeding parties shall be entitled to recover its actual attorney's fees reasonable attorneys' fees, accounting fees, and other costs incurred in the that action or proceeding, in addition to such any other relief to which it or they may be entitled.
Appears in 2 contracts
Samples: Agreement of Purchase (Ugly Duckling Corp), Agreement of Purchase and Sale (Ugly Duckling Corp)
Litigation Costs. If any legal action action, arbitration or other proceeding is brought for the enforcement of this Agreement Agreement, or to remedy its because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party in such action or proceeding parties therein shall be entitled to recover its actual attorney's reasonable attorneys’ fees and other costs incurred in the that action or proceeding, in addition to such any other relief to which it or they may be entitled.
Appears in 2 contracts
Samples: Exchange Agreement (Ameralia Inc), Restructuring Agreement (Ameralia Inc)
Litigation Costs. If any legal action or any mediation or arbitration or other proceeding is brought for the enforcement or interpretation of this Agreement Agreement, or to remedy its because of an alleged dispute, breach, default, or misrepresentation in connection with any provision of this Agreement, then the successful or prevailing party in such action or proceeding shall parties will be entitled to recover its actual attorney's reasonable attorneys’ fees and other costs (including experts’ fees and costs) incurred in the that action or proceeding, in addition to such any other relief to which it they may be entitled.
Appears in 2 contracts
Samples: Agreement for Purchase and Sale, Agreement for Purchase and Sale
Litigation Costs. If any legal action or any arbitration or other proceeding is brought for the enforcement of this Agreement Agreement, or to remedy its because of an alleged dispute, breach, default or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party in such action Party or proceeding Parties shall be entitled to recover its actual attorney's reasonable attorneys' fees and other costs incurred in the that action or proceedingproceedings, in addition to such any other relief to which it or they may be entitled.
Appears in 2 contracts
Samples: Stock Purchase Agreement (New Generation Films Inc), Stock Purchase Agreement (New Cannon Inc)
Litigation Costs. If any legal action or any arbitration or ---------------- other proceeding is brought for the enforcement of this Agreement Agreement, or to remedy its because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions thereof, the successful or prevailing party in such action or proceeding parties shall be entitled to recover its actual attorney's reasonable attorneys' fees and other costs incurred in the that action or proceeding, in addition to such any other relief to which it or they may be entitled.
Appears in 2 contracts
Samples: Securities Acquisition Agreement and Plan of Reorganization (Virtual Gaming Technologies Inc), Common Stock Purchase Agreement (Cope Inc)
Litigation Costs. If any legal action action, or other proceeding is brought for the enforcement of this Agreement Agreement, or to remedy its because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party in such action or proceeding parties shall be entitled to recover its actual attorney's reasonable attorneys' fees and other costs incurred in the that action or proceeding, in addition to such any other relief to which it or they may be entitled.
Appears in 2 contracts
Samples: Merger Agreement and Plan of Reorganization (Finet Holdings Corp), Merger Agreement and Plan of Reorganization (Finet Holdings Corp)
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.
Appears in 2 contracts
Samples: Asset Purchase Agreement (Iexalt Inc), Asset Purchase Agreement (Kingdom Ventures Inc)
Litigation Costs. If any legal action or other proceeding is brought for the enforcement of this Agreement Agreement, or to remedy its because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions thereof, the successful or prevailing party in such action or proceeding parties shall be entitled to recover its actual attorney's reasonable attorneys' fees and other costs incurred in the that action or proceeding, in addition to such any other relief to which it or they may be entitled.
Appears in 2 contracts
Samples: Agreement (Industrial Electric Services Inc), Securities Purchase Agreement (Technology Acquisition Corp)
Litigation Costs. If any legal action or any other proceeding proceeding, including arbitration or action for declaratory relief, is brought for the enforcement or interpretation of this Agreement or to remedy its breachbecause of an alleged breach or default in connection with this Agreement, the prevailing party in such action or proceeding Party shall be entitled to recover its actual attorney's reasonable attorneys' fees and other costs incurred in the action or proceedingcosts, in addition to such any other relief to which it such Party may be entitled.
Appears in 1 contract
Samples: Purchase and Sale Agreement
Litigation Costs. If any legal action action, arbitration or other proceeding is brought for the enforcement of this Agreement or to remedy its because of an alleged dispute, breach, default or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party in such action or proceeding shall be entitled to recover its actual attorney's fees reasonable attorneys' fees, court costs and other costs incurred in the such action or proceeding, in addition to such any other relief to which it or they may be entitled.. ARTICLE THIRTEEN
Appears in 1 contract
Samples: Acquisition Agreement (Frefax Inc)
Litigation Costs. If any legal action or any arbitration or other proceeding is brought for the enforcement of this Agreement Agreement, or to remedy its because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party in such action or proceeding parties shall be entitled to recover its actual attorney's reasonable attorneys' fees and other costs incurred in the that action or proceeding, in addition to such any other relief to which it or they may be entitled.
Appears in 1 contract
Litigation Costs. If any legal action or other proceeding is brought for the enforcement of this Agreement Agreement, or to remedy its because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions thereof, the successful or prevailing party in such action Party or proceeding Parties shall be entitled to recover its actual attorney's reasonable attorneys’ fees and other costs incurred in the that action or proceeding, in addition to such any other relief to which it or they may be entitled.
Appears in 1 contract
Litigation Costs. If any legal action or any arbitration or other proceeding is brought for in the enforcement of this Agreement Agreement, or to remedy its because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party in such action or proceeding shall be entitled to recover its actual attorney's reasonable attorneys' fees and other costs incurred in the that action or proceeding, proceeding in addition to such any other relief to which it he may be entitled.
Appears in 1 contract
Samples: Exhibit 1 Stock Purchase Agreement (Forte Computer Easy Inc)
Litigation Costs. If any legal action or other proceeding is brought for the enforcement of this Agreement Agreement, or to remedy its because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions thereof, the successful or prevailing party in such action or proceeding parties shall be entitled to recover its actual attorney's reasonable attorneys’ fees and other costs incurred in the that action or proceeding, in addition to such any other relief to which it or they may be entitled.
Appears in 1 contract
Litigation Costs. If any legal action or any arbitration or other proceeding is brought for the enforcement of this Agreement Agreement, or to remedy its because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions thereof, the successful or prevailing party in such action or proceeding shall be entitled to recover its actual attorney's reasonable attorneys’ fees and other costs incurred in the that action or proceeding, in addition to such any other relief to which it such party may be entitled.
Appears in 1 contract
Samples: Securities Purchase Agreement (Genesee International Inc)
Litigation Costs. If any legal action action, arbitration or other proceeding is brought for the enforcement of this Agreement or to remedy its because of an alleged dispute, breach, default or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party in such action or proceeding parties shall be entitled to recover its actual attorney's fees reasonable attorneys' fees, court costs and other costs incurred in the such action or proceeding, in addition to such any other relief to which it or they may be entitled.
Appears in 1 contract
Litigation Costs. If any legal action or any arbitration or ---------------- other proceeding is brought for the enforcement of this Agreement or to remedy its the other Documents, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions thereof, the successful or prevailing party in such action or proceeding parties shall be entitled to recover its actual attorney's reasonable attorneys' fees and other costs incurred in the that action or proceeding, in addition to such any other relief to which it or they may be entitled.
Appears in 1 contract
Samples: Securities Purchase Agreement (Global Diamond Resources Inc)
Litigation Costs. If any legal action or any other proceeding proceeding, including arbitration or action for declaratory relief, is brought for the enforcement of this Agreement or to remedy its breachbecause of an alleged breach or default in connection with this Agreement, the prevailing party in such action or proceeding Party shall be entitled to recover its actual attorney's reasonable attorneys’ fees and other costs incurred in the action or proceedingcosts, in addition to such any other relief to which it such Party may be entitled.
Appears in 1 contract
Samples: Purchase and Sale Agreement and Joint Escrow Instructions
Litigation Costs. If any legal action or any other proceeding proceeding, including arbitration or action for declaratory relief, is brought for the enforcement of this Agreement or to remedy its breachbecause of an alleged breach or default in connection with this Agreement, the prevailing party in such action or proceeding Party shall be entitled to recover its actual attorney's reasonable attorneys' fees and other costs incurred in the action or proceedingcosts, in addition to such any other relief to which it such Party may be entitled.
Appears in 1 contract
Samples: Purchase and Sale Agreement
Litigation Costs. If any legal action or any arbitration or other proceeding is brought for the enforcement of this Agreement Agreement, or to remedy its because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party in such action or proceeding parties shall be entitled to recover its actual attorney's fees reasonable attorneys' fees, accounting fees, and other costs incurred in the that action or proceeding, in 115 addition to such any other relief to which it or they may be entitled.. 10.10
Appears in 1 contract
Samples: Agreement of Purchase and Sale (Ugly Duckling Corp)
Litigation Costs. If any legal action or any other proceeding proceeding, including arbitration or an action for declaratory relief, is brought for the enforcement or interpretation of this Agreement or to remedy its because of an alleged dispute, breach, default, or misrepresentation in connection with any provision of this Agreement, the prevailing party in such action or proceeding shall be entitled to recover its actual attorney's reasonable attorney fees and other costs incurred in the that action or proceeding, in addition to such any other relief to which it the prevailing party may be entitled.. “Prevailing Party” shall include without limitation:
Appears in 1 contract
Samples: Option Agreement
Litigation Costs. If any legal action or any other proceeding proceeding, including arbitration or action for declaratory relief, is brought for the enforcement of this Agreement or due to remedy its an alleged dispute, breach, default, or misrepresentation in connection with this Agreement, the prevailing party in such action or proceeding shall be entitled to recover its actual attorney's reasonable attorneys’ fees and other costs incurred in the action or proceedingcosts, in addition to such any other relief to which it the party may be entitled.
Appears in 1 contract
Litigation Costs. If any legal action or any arbitration or other ---------------- proceeding is brought for the enforcement of this Agreement Agreement, or to remedy its because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party in such action or proceeding parties shall be entitled to recover its actual attorney's reasonable attorneys' fees and other costs incurred in the that action or proceeding, in addition to such any other relief to which it or they may be entitled.
Appears in 1 contract
Litigation Costs. If any legal action or other proceeding of any kind is brought for the enforcement of this Agreement or to remedy its breachbecause of a default, misrepresentation, or any other dispute in connection with any provision of this Agreement or the Buildings, the successful or prevailing party in such action or proceeding shall be entitled to recover its actual attorney's all fees and other costs incurred in the such action or proceeding, in addition to such any other relief to which it may be entitled.
Appears in 1 contract
Samples: Purchase and Sale Agreement (KBS Strategic Opportunity REIT, Inc.)
Litigation Costs. If any legal action or other proceeding (including arbitration) is brought for the enforcement of this Agreement or to remedy its breachAgreement, the successful or prevailing party in such action or proceeding whose favor judgment is entered shall be entitled to recover its actual attorney's reasonable attorneys, fees and other costs incurred in the such action or proceeding, in addition to such any other relief to which it may be entitled.
Appears in 1 contract
Litigation Costs. If an action is commenced to enforce any legal action or other proceeding is brought for the enforcement provision of this Agreement or to remedy its breachAgreement, the prevailing party in such action or proceeding shall be entitled to recover its actual attorney's reasonable attorneys’ fees and other costs incurred in the action or proceeding, in addition to such other relief to which it may be entitledcosts and fees from the other party.
Appears in 1 contract
Samples: License Agreement