Prevailing Party Clause. In the event of any litigation or proceeding arising as a result of the breach of this Agreement or the failure to perform hereunder, or failure or untruthfulness of any representation or warranty herein, the party or parties prevailing in such litigation or proceeding shall be entitled to collect the costs and expenses of bringing or defending such litigation or proceeding, including reasonable attorneys' fees, from the party or parties not prevailing.
Appears in 8 contracts
Samples: Agreement and Plan of Reorganization (Innofone Com Inc), Stock Exchange Agreement (Renegade Venture Nev Corp), Stock Exchange Agreement (Newsearch Inc)
Prevailing Party Clause. In the event of any litigation or proceeding arising as a ----------------------- result of the breach of this Agreement or the failure to perform hereunder, hereunder or failure or untruthfulness of any representation or warranty herein, the party or parties prevailing in such litigation or proceeding dispute shall be entitled to collect the costs and expenses of bringing or defending such litigation or proceedingdispute, including reasonable attorneys' feesfees or costs, from the party or parties not prevailing.
Appears in 3 contracts
Samples: Stock Purchase and Share Exchange Agreement (Flexxtech Corp), Promissory Note (Flexxtech Corp), Stock Purchase Agreement (Flexxtech Corp)
Prevailing Party Clause. In the event of any litigation or proceeding arising as a result of the breach of this Agreement or the failure to perform hereunder, hereunder or failure or untruthfulness of any representation or warranty herein, the party Party or parties Parties prevailing in such litigation or proceeding dispute shall be entitled to collect the costs and expenses of bringing or defending such litigation or proceedingdispute, including reasonable attorneys' feesfees or costs, from the party Party or parties Parties not prevailing.
Appears in 2 contracts
Samples: Stock for Stock Exchange Agreement (Cognigen Networks Inc), Stock for Stock Exchange Agreement (Cognigen Networks Inc)
Prevailing Party Clause. In the event of any litigation or proceeding arising as a result of the breach of this Agreement or the failure to perform hereunder, or failure or untruthfulness of any representation or warranty herein, the party Party or parties Parties prevailing in such litigation or proceeding shall be entitled to collect the costs and expenses of bringing or defending such litigation or proceeding, including reasonable attorneys' attorney's fees, from the party Party or parties Parties not prevailing.
Appears in 1 contract
Samples: Asset Purchase Agreement (Rocky Mountain Chocolate Factory Inc)
Prevailing Party Clause. In the event of any litigation or proceeding arising as a ------------------------ result of the breach of this Agreement or the failure to perform hereunder, hereunder or failure or untruthfulness of any representation or warranty herein, the party or parties prevailing in such litigation or proceeding dispute shall be entitled to collect the costs and expenses of bringing or defending such litigation or proceedingdispute, including reasonable attorneys' feesfees or costs, from the party or parties not prevailing.
Appears in 1 contract
Prevailing Party Clause. In the event of any litigation or proceeding arising as a result of the breach of this Agreement or the failure to perform hereunder, or failure or untruthfulness of any representation or warranty herein, the party or parties substantially prevailing in such litigation or proceeding shall be entitled to collect the costs and expenses of bringing or defending such litigation or proceeding, including reasonable attorneys' fees, from the party or parties not prevailing.
Appears in 1 contract
Samples: Assignment and Indemnity Agreement (Gallagher Research Corp)
