Payment of Enforcement Costs. The Company shall be responsible for paying its own and the Employee’s attorneys fees, costs, and other expenses pertaining to Employee’s efforts to enforce this Agreement or his rights hereunder, regardless of whether any judgment or verdict is entered against the Employee. In addition, the Company shall promptly (and in no event later than ten (10) days following its receipt from the Employee of written request thereof) deposit $500,000 into an escrow account from which Employee may draw upon to pay reasonable attorneys fees (including any reasonable retainer), costs and other expenses pertaining to Employee’s efforts to enforce this Agreement. For the avoidance of doubt, this Section 10 shall survive termination or judicial reformation of this Agreement, and shall continue in force notwithstanding any judgment as to Employee’s likelihood of success.
Payment of Enforcement Costs. Should Seller prevail in any action under this Agreement, Buyer shall pay any and all of Seller’s expenses in defending or enforcing this Agreement, including court costs and reasonable attorney fees.
Payment of Enforcement Costs. The Guarantor also hereby agrees to pay on demand to Holder as and when incurred all reasonable costs and expenses of enforcing this Guarantee, including but not limited to court costs and reasonable attorneys' fees and disbursements. The obligations under this Section 2.2 are hereinafter referred to as the "ENFORCEMENT COST OBLIGATIONS".
Payment of Enforcement Costs. 34. If the Prospective Developer fails to comply with the terms of this Agreement, including, but not limited to, the provisions of Section V (Work to be Performed), it shall be liable for all litigation and other enforcement costs incurred by DEQ to enforce this Agreement or otherwise obtain compliance.
Payment of Enforcement Costs. Subject to the last sentence of this Section 10(d), the Company agrees to pay as incurred, (within 10 days following the Company’s receipt of an invoice from the Executive), at any time from the Effective Date through the Executive’s remaining lifetime (or, if longer, through the 20th anniversary of the Effective Date) to the full extent permitted by law, all legal fees and expenses which the Executive may reasonably incur as a result of any contest (regardless of the outcome thereof) pursued or defended against in good faith by the Executive regarding the validity or enforceability of, or liability under, any provision of this Agreement or in seeking to obtain or enforce any right or benefit under this Agreement (including as a result of any contest by the Executive about the amount of any payment pursuant to this Agreement), plus in each case interest on any delayed payment at the applicable Federal rate provided for in Section 7872(f)(2)(A) of the Code. In order to comply with Section 409A of the Code, in no event shall the payments by the Company under this Section 10(d) be made later than the end of the calendar year next following the calendar year in which such fees and expenses were incurred, provided that the Executive shall have submitted an invoice for such fees and expenses at least 10 days before the end of the calendar year next following the calendar year in which such fees and expenses were incurred. The amount of such legal fees and expenses that the Company is obligated to pay in any given calendar year shall not affect the legal fees and expenses that the Company is obligated to pay in any other calendar year, and the Executive’s right to have the Company pay such legal fees and expenses may not be liquidated or exchanged for any other benefit. With respect to any such contest occurring prior to the occurrence of a Change in Control, the Company’s obligations to the Executive under this Section 10(d) shall not exceed $50,000; provided that such $50,000 limit shall not apply if the arbitrator or court, as the case may be, determines that the Company’s position in such dispute was frivolous or not in good faith.
Payment of Enforcement Costs. Ball agrees to reimburse Executive for all reasonable legal fees and expenses he may incur with respect to the recovery of any amounts due to Executive under this Agreement, but only with respect to such claim or claims upon which Executive substantially prevails. Such payments should be made within fourteen (14) days after delivery of Executive's written request for payment accompanied with such evidence of fees and expenses incurred as Ball may reasonably require.
Payment of Enforcement Costs. To pay on demand Landlord’s expenses, including reasonable attorney’s fees incurred in curing any default by Tenant under this Lease as provided in Section 10.6. If either Landlord or Tenant commences or engages in, or threatens to commence or engage in, any action or litigation against the other party arising out of or in connection with the Lease, the Premises, the Building, or the Complex, including but not limited to, any action for recovery of any payment owed by either party under the Lease, or to recover possession of the Premises, or for damages for breach of the Lease, the prevailing party shall be entitled to have and recover from the losing party reasonable attorneys’ fees and other costs incurred in connection with the action and in preparation for said action. This provision shall survive the termination of the Lease.
Payment of Enforcement Costs. The Borrower undertakes with the Lender to pay to the Lender on demand, and on a full and unlimited indemnity basis, all Enforcement Costs together with interest from the date when the Lender becomes liable for them until payment by the Borrower at the Default Interest Rate, such interest to be payable on demand and as well after as before any demand or judgment or the administration or liquidation of the Borrower.
Payment of Enforcement Costs. Subject to the last sentence of this Section 10(d), the Company agrees to pay as incurred, to the full extent permitted by law, all legal fees and expenses which the Executive may reasonably incur as a result of any contest (regardless of the outcome thereof) pursued or defended against in good faith by the Executive regarding the validity or enforceability of, or liability under, any provision of this Agreement or in seeking to obtain or enforce any right or benefit under this Agreement (including as a result of any contest by the Executive about the amount of any payment pursuant to this Agreement), plus in each case interest on any delayed payment at the applicable Federal rate provided for in Section 7872(f)(2)(A) of the Code. With respect to any such contest occurring prior to the occurrence of a Change in Control, the Company’s obligations to the Executive under this Section 10(d) shall not exceed $50,000; provided that such $50,000 limit shall not apply if the arbitrator or court, as the case may be, determines that the Company’s position in such dispute was frivolous or not in good faith.
Payment of Enforcement Costs. Subject to the last sentence of this Section 13(d), the Company agrees to pay as incurred, to the full extent permitted by law, all legal fees and expenses which Executive may reasonably incur as a result of any contest (regardless of the outcome thereof) pursued or defended against in good faith by Executive regarding the validity or enforceability of, or liability under, any provision of this Agreement or any guarantee of performance thereof (including as a result of any contest by Executive about the amount of any payment pursuant to this Agreement), plus in each case interest on any delayed payment at the applicable Federal rate provided for in Section 7872(f)(2)(A) of the Code. With respect to any such contest occurring prior to the occurrence of a Change in Control, the Company’s obligations to Executive under this Section 10(d) shall not exceed $25,000.
