Litigation Expense. If any party is made or shall 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, or arising on account of a default of the other party in its performance of any of the other party's obligations hereunder, then the prevailing party in such litigation shall receive from the other party all costs incurred by the prevailing party in such litigation, plus reasonable attorneys' fees to be fixed by the court or arbitrator (as applicable), with interest thereon from the date of judgment or arbitrator's decision at the rate of ten percent (10%) or, if less, the maximum rate permitted by law.
Appears in 4 contracts
Samples: Executive Employment Agreement (Greentree Software Inc), Executive Employment Agreement (Greentree Software Inc), Executive Employment Agreement (Greentree Software Inc)
Litigation Expense. If any party is made or shall 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, or arising on account of a default of the other party in its performance of any of the other party's obligations hereunder, then the prevailing party in such litigation shall receive from the other party all costs incurred by the prevailing party in such litigation, plus reasonable attorneys' fees to be fixed by the court or arbitrator (as applicable), with interest thereon from the date of judgment or arbitrator's decision at the rate of ten eight percent (108%) or, if less, the maximum rate permitted by law.
Appears in 2 contracts
Samples: Executive Employment Agreement (G&k Services Inc), Executive Employment Agreement (G&k Services Inc)
Litigation Expense. If any party is made or shall 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, or arising on account of a default of the other party in its performance of any of the other party's ’s obligations hereunderunder this Agreement, then the prevailing party in such litigation shall will receive from the other party all costs incurred by the prevailing party in such litigation, plus reasonable attorneys' ’ fees to be fixed by the court or arbitrator (as applicable), with interest thereon from the date of judgment or arbitrator's ’s decision at the rate of ten eight percent (108%) or, if less, the maximum rate permitted by law.
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