Non-Waiver and Attorney’s Fees Sample Clauses

Non-Waiver and Attorney’s Fees. I agree that any waiver by CompuCom of strict performance of any provision of this agreement shall not be a waiver of or prejudice CompuCom’s right to require strict performance of that same provision or any other provision of this agreement in the future. In the event that I breach any provision of this agreement, I agree to reimburse CompuCom for its attorneys’ fees and expenses incurred in enforcing this agreement.
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Non-Waiver and Attorney’s Fees. I agree that any waiver by CompuCom of strict performance of any provision of this Agreement shall not be a waiver of or prejudice CompuCom’s right to require strict performance of that same provision or any other provision of this Agreement in the future. Nothing in this Agreement shall be construed to limit or reduce any common law or statutory duty I would otherwise owe to CompuCom absent this Agreement, including but not limited to my duty of loyalty and fiduciary duty as an employee placed in a special position of trust; nor shall this Agreement limit or eliminate any remedies available to the Company for a violation of such duties. In the event that I breach any provision of this Agreement by me, I agree to reimburse CompuCom for its attorneys’ fees and expenses incurred in enforcing this Agreement. The prior sentence regarding recovery of attorneys’ fees shall not apply in California or in any other state where its application would result in a reciprocal right for Employee to recover attorneys’ fees; in such states, both parties will bear their own attorneys’ fees for contract enforcement.
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Non-Waiver and Attorney’s Fees. I agree that any waiver by Compucom of strict performance of any provision of this Agreement shall not be a waiver of or prejudice Compucom’s right to require strict performance of that same provision or any other provision of this Agreement in the future. Nothing in this Agreement shall be construed to limit or reduce any common law or statutory duty I would otherwise owe to Compucom absent this Agreement, including but not limited to my duty of loyalty and fiduciary duty as an employee placed in a special position of trust; nor shall this Agreement limit or eliminate any remedies available to the Company for a violation of such duties. If the Company must pursue legal action to secure my compliance with this Agreement and prevails, I will pay all reasonable attorneys' fees, costs and expenses incurred by the Company in enforcing this Agreement against them. The prior sentence regarding recovery of attorneys’ fees shall not apply in California or in any other state where its application would result in a reciprocal right for me to recover attorneys’ fees; in such states, both parties will bear our own attorneys’ fees for contract enforcement. The Company shall be deemed the prevailing party if it is awarded any part of the legal or equitable relief it seeks, irrespective of whether some of the relief it seeks is denied or modified.
Sample 1
Non-Waiver and Attorney’s Fees. Waiver by either me or the Company of strict performance of any provision of this Agreement shall not be a waiver of, nor prejudice either party’s right to require, strict performance of the same or any other provision in the future. If court proceedings are brought to enforce or interpret any provision of this Agreement, the prevailing party shall be entitled to an award of reasonable and necessary expenses of litigation, including attorneys’ fees.
Sample 1

Related to Non-Waiver and Attorney’s Fees

  • Costs and Attorneys’ Fees In the event that any action, suit or other proceeding is instituted concerning or arising out of this Agreement or any transaction contemplated hereunder, the prevailing party shall recover all of such party’s costs and attorneys’ fees incurred in each such action, suit or other proceeding, including any and all appeals or petitions therefrom.

  • Governing Law; Attorneys’ Fees This Agreement and the rights and obligations of the Members hereunder and the Persons subject hereto shall be governed by, and construed and interpreted in accordance with, the laws of the State of Delaware, without giving effect to the choice of law principles thereof. The substantially prevailing party in any action or proceeding relating to this Agreement shall be entitled to receive an award of, and to recover from the other party or parties, any fees or expenses incurred by him, her or it (including, without limitation, reasonable attorneys’ fees and disbursements) in connection with any such action or proceeding.

  • ARBITRATION AND ATTORNEYS' FEES Any controversy or claim arising out of or relating to this Agreement, or breach thereof, including without limitation claims against either party, its affiliates employees, professionals, officers or directors shall be settled by binding arbitration in Los Angeles, California, in accordance with the Commercial Rules of the American Arbitration Association. The arbitrator shall be an active member of the California bar. In the proceeding, the arbitrator shall apply California substantive law and the California Evidence Code, except that the arbitrator's authority in awarding damages shall be interpreted under New York law. The arbitrator shall prepare an award in writing, which shall include factual findings and any legal conclusions on which the decision is based. Judgment upon any award rendered by the Arbitrator(s) may be entered in any court having jurisdiction thereof. In any such proceeding, the prevailing party shall be entitled, in addition to any other relief awarded or adjudged, such sum as the Arbitrator(s) may fix as and for reasonable attorneys' fees and costs, and the same shall be included in the award and any judgment.

  • Attorneys’ Fees If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys’ fees, costs and necessary disbursements in addition to any other relief to which such party may be entitled.

  • Consultants’ and Attorneys’ Fees Each of the Parties shall be responsible for, and pay in their entirety, its respective fees, costs, and expenses in connection with the subject matter of this Agreement and any audit that may be conducted as a result of the transaction contemplated herein. Notwithstanding RTC section 19717, under no circumstances is any Party to this Agreement entitled to attorneys’ fees with regard to litigation resulting from this Agreement.

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