Common use of Litigation; Prevailing Party Clause in Contracts

Litigation; Prevailing Party. In the event that any party hereto brings suit for any matter arising out of or in connection with a breach of any of the terms or provisions of this Agreement, then the prevailing party shall be entitled to recover from the non-prevailing party all reasonable court costs and attorneys' fees and expenses incurred by the prevailing party in connection with such litigation at the arbitration, pre-trail, trial and appellate levels.

Appears in 2 contracts

Samples: Share Purchase Agreement (First American Railways Inc), Share Purchase Agreement (First American Railways Inc)

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Litigation; Prevailing Party. In the event that any party hereto brings suit for any matter arising out of or in connection with a breach of any of the terms or provisions of this Agreement, then the prevailing party shall be entitled to recover from the non-prevailing party all reasonable court costs and attorneys' fees and expenses incurred by the prevailing party in connection with such litigation at the arbitration, pre-trailtrial, trial and appellate levels.

Appears in 1 contract

Samples: Real Estate Agreement (Terremark Fortune House 2 LTD)

Litigation; Prevailing Party. In the event that any party hereto brings suit for any matter arising out of or in connection with a breach of any of the terms arbitration or provisions of litigation, including appeals, with regard to this Agreement, then the prevailing party shall be entitled to recover from the non-prevailing party all reasonable court costs and attorneys' fees and FEES, COSTS, AND expenses incurred by the prevailing party in connection with such litigation of counsel (at the arbitration, pre-trailtrial, trial and appellate levels).

Appears in 1 contract

Samples: Physician Employment Agreement (Continucare Corp)

Litigation; Prevailing Party. In the event that any party hereto brings suit for the collection of any matter arising out damages resulting from, or for the injunction of or in connection with any action constituting, a breach of any of the terms or provisions of this Agreement, then the prevailing party shall be entitled to recover from the non-prevailing party all reasonable court costs and attorneys' fees and expenses incurred by the prevailing party in connection with such litigation at all levels, including fees and expenses incurred prior to the arbitration, pre-trail, trial and appellate levelsfiling of legal action.

Appears in 1 contract

Samples: Merger Agreement (Windsor Capital Corp)

Litigation; Prevailing Party. In the event that any party hereto brings suit for any matter arising out of or in connection with a breach of any of the terms arbitration or provisions of litigation, including appeals, with regard to this Agreement, then the prevailing party shall be entitled to recover from the non-prevailing party all reasonable court costs and attorneys' fees fees, costs, and expenses incurred by the prevailing party in connection with such litigation of counsel (at the arbitration, pre-trailtrial, trial and appellate levels) for the prevailing party.

Appears in 1 contract

Samples: Executive Employment Agreement (Sheridan Healthcare Inc)

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Litigation; Prevailing Party. In the event that any party hereto brings suit for any matter arising out of or in connection with a breach of any of the terms arbitration or provisions of litigation, including appeals, with regard to this Agreement, then the prevailing party shall be entitled to recover from the non-prevailing party all reasonable court costs and attorneys' fees fees, costs, and expenses incurred by the prevailing party in connection with such litigation of counsel (at the arbitration, pre-trailpretrial, trial and appellate levels).

Appears in 1 contract

Samples: Physician Employment Agreement (Continucare Corp)

Litigation; Prevailing Party. In If either party commences an action against the event that any party hereto brings suit for any matter arising out of other to interpret or in connection with a breach of enforce any of the terms or provisions of this AgreementAgreement or as a result of a breach by the other party of any of its terms, then the prevailing party in such action shall be entitled to recover from the non-prevailing nonprevailing party all reasonable court costs and attorneys' fees fees, costs and expenses incurred by the prevailing party in connection with such litigation at the arbitration, pre-trail, trial and appellate levelsaction.

Appears in 1 contract

Samples: Acquisition Agreement (Paxson Communications Corp)

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