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.
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Samples: Asset Purchase Agreement, Asset Purchase Agreement (Red Lion Hotels CORP), Membership Interest Purchase Agreement (IDI, Inc.)
Prevailing Party Fees. In If any Action is brought for the event enforcement or interpretation of a dispute arising under this Agreement or in connection with an alleged or actual dispute, breach, or default of any Transaction Documents, whether or not a lawsuit or other proceeding is filedof the provisions of this Agreement, the prevailing party shall be entitled to recover its reasonable attorneys’ fees, paralegal fees, and other costs and expenses, (including those court costs) incurred in connection with such Action and any appellate proceeding or in the process of determining the amount of such feesappeal thereof, or in collection or enforcement of any judgment, award or the likeat all levels, from the non-prevailing partyparty in addition to any other remedies available.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Arogo Capital Acquisition Corp.), Restrictive Covenant Agreement (Arogo Capital Acquisition Corp.)
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
