Prevailing Party Fees. In the event of a dispute arising under this Agreement or any Transaction Documents, whether or not a lawsuit or other proceeding is filed, the prevailing party shall be entitled to recover its attorneys’ fees, costs and expenses, including those incurred in any appellate proceeding or in the process of determining the amount of such fees, or in collection or enforcement of any judgment, award or the like, from the non-prevailing party.
Appears in 3 contracts
Samples: Asset Purchase Agreement, Asset Purchase Agreement (Red Lion Hotels CORP), Membership Interest Purchase Agreement (IDI, Inc.)
Prevailing Party Fees. In the event of a dispute arising under this Agreement or any Transaction Documents, whether or not a lawsuit or other proceeding is filed, the prevailing party Party shall be entitled to recover its attorneys’ fees, costs and expenses, including those incurred in any appellate proceeding or in the process of determining the amount of such fees, or in collection or enforcement of any judgment, award or the like, from the non-prevailing party.
Appears in 2 contracts
Samples: Share Purchase Agreement (Xenetic Biosciences, Inc.), Share Purchase Agreement (Xenetic Biosciences, Inc.)
Prevailing Party Fees. In the event of a dispute arising under this Agreement or any Transaction Documents, whether or not if a lawsuit or other proceeding is filed, the prevailing party Party shall be entitled to recover its attorneys’ fees, costs and expenses, including those incurred in any appellate proceeding or in the process of determining the amount of such fees, or in collection or enforcement of any judgment, award or the like, from the non-prevailing party.
Appears in 2 contracts
Samples: Assignment Agreement (Xenetic Biosciences, Inc.), Assignment Agreement (Xenetic Biosciences, Inc.)
Prevailing Party Fees. In the event of any litigation or proceeding arising as a dispute arising under result of the breach of this Agreement or the failure to perform hereunder, or failure or untruthfulness of any Transaction Documents, whether representation or not a lawsuit or other proceeding is filedwarranty herein, the party or parties prevailing party in such litigation or proceeding shall be entitled to recover its attorneys’ fees, collect the costs and expensesexpenses of bringing or defending such litigation or proceeding, including those incurred in any appellate proceeding or in the process of determining the amount of such reasonable attorneys' fees, or in collection or enforcement of any judgment, award or the like, from the non-prevailing partyparty or parties not prevailing.
Appears in 1 contract
Samples: Service Agreement