Prevailing Party Costs. Notwithstanding anything contained in this Agreement to the contrary (except as expressly provided in Section 6.11), if any Party commences an action against another Party to enforce any of the terms, covenants, conditions or provisions of this Agreement, or because of a breach by a Party of its obligations under this Agreement, the prevailing Party in any such action shall be entitled to recover its Losses, including reasonable attorneys' fees, incurred in connection with the prosecution or defense of such action, from the losing Party.
Prevailing Party Costs. The prevailing parties in any litigation in connection with this Agreement shall be entitled to recover from the non-prevailing party all costs and expenses, including, without limitation, reasonable attorneys' and paralegals' fees and costs incurred by such party in connection with any such litigation.
Prevailing Party Costs. If either Party incurs attorney fees, costs or other legal expenses to enforce the provisions of this Agreement against the other Party, all such fees, costs and expenses shall be recoverable by the prevailing Party.
Prevailing Party Costs. In the event either Party brings suit against the other asserting claims arising out of or relating to a breach of this Agreement, the Parties agree that the prevailing party in that suit shall be entitled to reimbursement of all fees and costs by the non-prevailing party, including reasonable attorneys’ fees incurred in defending or prosecuting that suit.
Prevailing Party Costs. If any party commences an action against another party to enforce any of the terms, covenants, conditions or provisions of this Agreement, or because of a breach by a party of its obligations under this Agreement, the prevailing party in any such action shall be entitled to recover its losses, including reasonable attorneys' fees, costs and interest incurred in connection with the enforcement of this agreement.
Prevailing Party Costs. 104 SECTION 9.14. No Liability of Natural Person.............. 104 Exhibits -------- Exhibit A Acrylonitrile Assignment and Assumption Exhibit B Form of Special Warranty Deed Exhibit C Form of Earn-Out Agreement Exhibit D Form of Easement Agreement Exhibit E Form of Environmental Permits Assignment and Assumption Exhibit F Form of Intellectual Property Assignments Exhibit F-1 Form of Cytec Technology Assignment of Trademark Registration Exhibit F-2 Form of Agreement to Assign Foreign Trademarks between Cytec Technology and Purchaser Exhibit F-3 Form of Assignment of Know-How to Purchaser among Parent, Cytec Technology and Purchaser Exhibit F-4 Form of Assignment of U.S. Patents and Patent Applications to Purchaser among Parent, Cytec Technology and Purchaser Exhibit F-5 Form of Assignment of Foreign patent and Patent Applications to Purchaser between Cytec Technology and Purchaser Exhibit G Form of Non-Competition Agreement Exhibit H Form of Occupancy Agreements Exhibit I Form of Designation of Rights Exhibit J Form of Santa Rosa First Refusal and Lease Agreement Exhibix X Form of Services Agreement Exhibit L Form of Trademark License Agreement Exhibit M Form of Assumption Agreement Exhibit N Form of Legend for Preferred Stock Certificate Exhibit O Form of General Conveyance, Transfer and Assignment Appendices ---------- Appendix A List of Certain Business Employees Appendix B List of Business Equipment located outside the Santa Rosa Facility Appendix C List of Cytec Santa Rosa Employees Xxxendix C-1 List of Most Senior 25% of Acquirxx Employees Appendix C-2 List of Certain Acquired Employees Appendix D Description of Excluded Real Property located in Santa Rosa County Appendix E Certain Envirxxxxntal Conditions Appendix F [Intentionally Omitted] Appendix G Computation of Certain Business Inventory and Cytec Services Payable Appendix H List of Deep Well System Appendix I List of Certain Permitted Liens Appendix J Description of Santa Rosa Facility Appendix K Specified Cytec Representatives Apxxxxix L Specified Sterling Representatives Appendix M Acrylonitrile Assets Being Transferred to Purchaser Appendix N Pro Forma Balance Sheet Data Appendix O Scope of Work for Pilko Assessment Disclosure Schedules -------------------- Schedule 4.01(a) Organization, Standing and Power Schedule 4.01(b) Corporate Authority Schedule 4.01(c)-1 Exclusions to the Unaudited Financial Statements Schedule 4.01(c)-2 Cost of Acrylonitrile Purchases Schedule 4.01(d) Undisclosed Lia...
Prevailing Party Costs. 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 attorney fees, court costs, and necessary disbursements in addition to any other relief to which such party may be entitled.
Prevailing Party Costs. If any dispute shall arise between Seller and Buyer with respect to this Agreement, the prevailing party shall be reimbursed by the other for any and all reasonable costs incurred as a result of said dispute, including without limitation, attorneys’ fees at both the trial and appellate levels.
Prevailing Party Costs. In the event any dispute between the parties hereto results in litigation, the prevailing party shall be reimbursed and indemnified by the party not prevailing in such dispute for all costs and expenses reasonably incurred by the prevailing party in enforcing or establishing its rights hereunder, including without limitation court costs and reasonable attorneys' fees and disbursements. The prevailing party shall be determined by the court based upon an assessment of which party's major arguments or positions taken in the proceedings could fairly be said to have prevailed over the other party's major arguments or positions on major disputed issues. The provisions of this SECTION 17(j) shall survive the Closing or earlier termination of this Agreement.
Prevailing Party Costs. In the event any dispute between the parties hereto results in litigation, the prevailing party shall be reimbursed and indemnified by the party not prevailing in such dispute for all costs and expenses reasonably incurred by the prevailing party in enforcing or establishing its rights hereunder, including without limitation court costs and reasonable attorneys' fees; this provision shall survive Closing.
