Prevailing Party Legal Fees. The prevailing party in any litigation or other proceeding brought to enforce the terms of this Agreement shall be entitled to receive from the nonprevailing party its reasonable attorneys' and paralegals' fees and costs before and at trial and at all appellate and other tribunal levels, in addition to its other remedies hereunder or at law or in equity.
Prevailing Party Legal Fees. Should either party initiate any action or proceeding to enforce this Agreement or any provision hereof, or for damages by reason of any alleged breach of this Agreement or of any provision hereof, or for a declaration of rights hereunder, the prevailing party in any such action or proceeding shall be entitled to receive from the other party all costs and expenses, including reasonable attorneys’ fees, incurred by the prevailing party in connection with such action or proceeding; provided, that reasonable attorneys’ fees shall be limited to the fees of the last attorney to represent the party and to the lesser of the fees incurred as a result of the reasonable hourly rate of the attorney or any contingent or other arrangement for the payment of legal fees. The payment, if any, of costs and expenses to Executive under this Section 8(e) shall be made no later than two and one-half (2½) months following the end of the year in which a final adjudication is made in the action.” All other provisions of the Agreement remain as written.
Prevailing Party Legal Fees. Should either party institute any action or proceeding to enforce this Agreement or any provision hereof, or for damages by reason of any alleged breach of this Agreement or of any provision hereof, or for a declaration of rights hereunder, the prevailing party in any such action or proceeding shall be entitled to receive from the other party all costs and expenses, including reasonable attorneys’ fees, incurred by the prevailing party in connection with such action or proceeding.
Prevailing Party Legal Fees. Should either Party initiate any action or proceeding to enforce this Agreement or any provision hereof, or for damages by reason of any alleged breach of this Agreement or of any provision hereof, or for a declaration of rights hereunder (a “Covered Dispute”), the prevailing Party in any such Covered Dispute shall be entitled to receive from the other Party all costs and expenses, including reasonable attorneys’ fees, incurred by the prevailing Party in connection with such Covered Dispute. Notwithstanding the foregoing, in the event of a Covered Dispute arising upon or within three (3) years following a Change in Control, Employer shall advance to Executive all costs and expenses (including, without limitation, reasonable attorneys’ fees) which Executive may incur in connection with such Covered Dispute, within ten (10) business days after receipt by Employer of a written request for such advance, provided that Executive shall repay the amount of any such costs and expenses advanced by Employer pursuant to this Section 15(g) if a court issues a final and non-appealable order settling forth the determination that the position taken by Executive was frivolous or advanced by Executive in bad faith.
Prevailing Party Legal Fees. 72 Omega Disclosure Schedule Online Disclosure Schedule Newco Disclosure Schedule Schedule 6.11(a) Schedule 6.11(b) Schedule 6.17(a) Schedule 6.17(b) EXHIBITS Exhibit A - Intentionally Omitted Exhibit B - Form of Omega Affiliate Agreement Exhibit C - Form of Online Affiliate Agreement Exhibit D-1 - Form of Employment Agreement Exhibit D-2 - Form of Non-Competition and Non-Disclosure Agreement AGREEMENT AND PLAN OF MERGER AND REORGANIZATION This AGREEMENT AND PLAN OF MERGER AND REORGANIZATION (the "Agreement") is made and entered into as of January 19, 2000, by and among Omega Research, Inc., a Florida corporation ("Omega"), xxxxxxxxxxxxxxxx.xxx corp., a Florida corporation ("Online"), Online Trading Group, Inc., a Florida corporation ("Newco"), and Omega Acquisition Corporation, a Florida corporation and wholly owned subsidiary of Newco ("Omega Merger Sub"), and Onlinetrading Acquisition Corporation, a Florida corporation and wholly owned subsidiary of Newco ("Online Merger Sub") (together, Omega Merger Sub and Online Merger Sub are collectively referred to herein as "Merger Subs") .
Prevailing Party Legal Fees. Notwithstanding anything set forth in this Contract to the contrary, if either Party seeks to enforce the provisions of this Contract or to obtain redress for the breach or a violation of any of its provisions, whether by litigation or other proceedings, the prevailing Party shall be entitled to recover from the other Party, all costs and expenses associated with such litigation or other proceedings, including reasonable attorney’s fees. The margin headings do not constitute part of the text of this Contract.
Prevailing Party Legal Fees. In any action to enforce or interpret this Agreement, the prevailing party in such action shall be awarded its reasonable attorneys’ fees and all costs incurred therein, through trial and through all appellate levels.
Prevailing Party Legal Fees. In the event that it shall be necessary for any party to institute legal action to enforce this Agreement or for any breach of this Agreement, the prevailing party in such action shall be entitled to recover its costs and reasonable attorneys' fees.
Prevailing Party Legal Fees. If a party to this Agreement shall bring any action, suit, counterclaim, appeal or arbitration proceeding against the other party, declaratory or otherwise, to enforce the terms hereof or to declare rights hereunder (referred to herein as an “Action”), the non-prevailing party in such Action shall pay to the prevailing party in such Action a reasonable sum for the prevailing party’s attorneys’ fees and expenses incurred in prosecuting or defending such Action and/or enforcing any judgment, order, ruling or award (referred to herein as a “Decision”), granted therein, all of which shall be deemed to have accrued from the commencement of such Action. Any Decision entered into in such Action shall contain a specific provision providing for the recovery of attorneys’ fees and expenses incurred in obtaining and enforcing such Decision. The court or arbitrator may fix the amount of reasonable attorneys’ fees and expenses upon the request of any party. For purposes of this Section 16.16, attorneys’ fees shall include, without limitation, fees incurred in connection with (i) post judgment motions and collection actions, (ii) contempt proceedings, (iii) garnishment, levy and debtor and third party examination, (iv) discovery and (v) bankruptcy litigation. The terms of this Section 16.16 shall survive Closing or any earlier termination of this Agreement.
Prevailing Party Legal Fees. The prevailing party shall be entitled to recover, in addition to any other amounts awarded, an amount for legal and other related costs and expenses, including attorneys' fees, incurred thereby that is reasonable and equitable in relation to the award. This Agreement is not complete and binding unless the Member(s) also agrees to the provisions set forth in the Authorization for Automatic Payment attached here to as Exhibit D and any other patient related forms required by the entities providing care under this agreement. Those documents are hereby incorporated into this Agreement by this reference. MEMBER CORNER CLINIC Name: Name: Signature: Title: Address for Notice: Signature: Address for Notice: 0000 X Xxxxx Xx. Xx. Xxxxxx, UT 84790 The services provided under this Agreement are performed or directed by Corner Clinic practitioner’s. The practitioners providing services under this Agreement are duly licensed to practice medicine and to otherwise provide such services within that practitioner’s scope of practice. The following specific services and categories of service will be provided to the Member and his or her participating spouse and Dependences under this agreement: Sick visits Annual physical exams Sports physicals LDS mission physicals Abscess incision and drainage, including dental abscess Removal of skin lesions (biopsy testing charged separately) Trigger point injections Removal of foreign body from ears, eyes, and nose Evaluation and treatment of minor nosebleeds Ear wax removal Evaluation and treatment of non-life threatening allergic reactions Evaluation and treatment of mild to moderate asthma exacerbations Nebulizer treatments for mild respiratory distress / croup Evaluation and treatment of migraine headaches Evaluation and treatment of dehydration EKG Callus shaving/removal Nail avulsion/removal Cryotherapy/freezing of lesions Straight catheterization of bladder IV infusions for dehydration In-office x-ray with rapid radiology consultation Initial diagnosis and management of uncomplicated fractures including splinting and casting, as well as referral to orthopedic specialist as indicated Cast removal Treatment of sprains, strains, or other sports-related injuries with orthopedic referral as indicated Treatment of uncomplicated finger or toe dislocations/fractures Minor laceration repair including sutures, staples, or skin adhesive Assess / manage minor xxxxx, including dressing c...
