Common use of Litigation Expense Clause in Contracts

Litigation Expense. If any party is made or will become a party to any litigation (including arbitration) commenced by or against the other party involving the enforcement of any of the rights or remedies of such party under this Agreement, or arising on account of a default of the other party in its performance of any of the other party’s obligations under this Agreement, then the parties will bear their own expenses and attorneys fees; provided, however, that in the event Executive commences legal proceedings of any kind for the purpose of collecting against Employer any claim for cash benefits upon a Change in Control Termination due under this Agreement, and Executive receives an award for any such claims, then Employer shall promptly reimburse Executive for all reasonable legal fees and expenses incurred by Executive in securing the award.

Litigation Expense. If any party is made or will become a party to any litigation (including arbitration) commenced by or against the other party involving the enforcement of any of the rights or remedies of such party under this Agreement, or arising on account of a default of the other party in its performance of any of the other party’s obligations under this Agreement, then the parties will bear their own expenses and attorneys attorneys’ fees; provided, however, that in the event Executive commences legal proceedings of any kind for the purpose of collecting against Employer any claim for cash benefits upon a Change in Control Termination due under this Agreement, and Executive receives an award for any such claimsclaim, then Employer shall promptly reimburse Executive for all reasonable legal fees and expenses incurred by Executive in securing the award.