Common use of Prevailing Party Legal Fees Clause in Contracts

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.

Appears in 3 contracts

Samples: Employment Agreement (First Busey Corp /Nv/), Employment Agreement (First Busey Corp /Nv/), Employment Agreement (First Busey Corp /Nv/)

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Prevailing Party Legal Fees. Should either party 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 Party in any such action or proceeding shall be entitled to receive from the other party Party all costs and expenses, including reasonable attorneys’ fees, incurred by the prevailing party Party in connection with such action or proceeding; provided, however, that reasonable attorneys’ fees shall be limited to the fees of the last attorney to represent the party 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 either Party under this Section 8(e9(g) 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 actionaction or proceeding.” All other provisions of the Agreement remain as written.

Appears in 3 contracts

Samples: Employment Agreement (First Busey Corp /Nv/), Employment Agreement (First Busey Corp /Nv/), Employment Agreement (First Busey Corp /Nv/)

Prevailing Party Legal Fees. Should either party 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 Party in any such action or proceeding shall be entitled to receive from the other party Party all costs and expenses, including reasonable attorneys’ fees, incurred by the prevailing party Party in connection with such action or proceeding; provided, however, that reasonable attorneys’ fees shall be limited to the fees of the last attorney to represent the party 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 either Party under this Section 8(e10(g) 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 actionaction or proceeding.” All other provisions of the Agreement remain as written.

Appears in 2 contracts

Samples: Employment Agreement (First Busey Corp /Nv/), Employment Agreement (First Busey Corp /Nv/)

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, however, 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 either party under this Section 8(e10(g) shall be made no later than two and one-half (21/2) months following the end of the year in which a final adjudication is made in the actionaction or proceeding.” All other provisions of the Agreement remain as written.

Appears in 1 contract

Samples: Employment Agreement (Pulaski Financial Corp)

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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 Van 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.

Appears in 1 contract

Samples: Employment Agreement (First Busey Corp /Nv/)

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