Prevailing Party. In the event of any litigation, dispute or contest arising from a breach of this Agreement, the prevailing party shall be entitled to recover from the non-prevailing party all reasonable costs incurred in connection with such litigation, dispute or contest, including without limitation, reasonable attorneys’ fees, disbursement and costs, and experts’ fees and costs.
Appears in 29 contracts
Samples: Separation Agreement (Aquestive Therapeutics, Inc.), Employment Agreement, Employment Agreement
Prevailing Party. In the event of any litigationclaim, dispute or contest controversy arising from a breach out of this Agreementor relating to these Terms and Conditions, the prevailing party shall be entitled to recover it attorneys’ fees and court costs from the non-prevailing party all reasonable costs incurred in connection with such litigation, dispute or contest, including without limitation, reasonable attorneys’ fees, disbursement and costs, and experts’ fees and costsparty.
Appears in 23 contracts
Samples: Terms and Conditions of Sale, Terms and Conditions of Sale, Terms and Conditions of Sale
Prevailing Party. In the event of a dispute between any litigation, dispute or contest arising from a breach of the parties with respect to obligations under this Agreement, the prevailing party shall in any action or proceeding in any court or arbitration in connection therewith will be entitled to recover from the non-prevailing such other party all reasonable its costs incurred in connection with such litigationand expenses, dispute or contestincluding, including without limitation, reasonable attorneys’ fees, disbursement and costs, and experts’ legal fees and associated court costs.
Appears in 6 contracts
Samples: Securities Purchase Agreement (AAC Holdings, Inc.), Voting Agreement (Integrated Drilling Equipment Holdings Corp), Voting Agreement (Empeiria Acquisition Corp)
Prevailing Party. In the event of any litigation, a dispute or contest arising from a breach of this or related to the Agreement, the substantially prevailing party shall be entitled to recover from the non-prevailing party recovery of all reasonable costs incurred in connection with such litigationincurred, dispute or contestincluding, including without limitation, reasonable attorneys’ fees, disbursement and court costs, and expertsattorneys’ fees and costsother related costs and expenses.
Appears in 4 contracts
Samples: Agreement for Disaster Recovery Facility Hosting, Master Services Agreement, Master Services Agreement
Prevailing Party. In the event of any litigationlegal action, dispute arbitration, or contest other proceeding arising from a breach out of or relating to this Agreement, the prevailing party shall be entitled to recover its reasonable attorney’s fees and court costs from the non-prevailing party all reasonable costs incurred in connection with such litigation, dispute or contest, including without limitation, reasonable attorneys’ fees, disbursement and costs, and experts’ fees and costsparty.
Appears in 3 contracts
Samples: Technology License and Commercialization Agreement (GoLogiq, Inc.), Technology License and Commercialization Agreement (Recruiter.com Group, Inc.), Commercial Agreement (BullFrog AI Holdings, Inc.)
Prevailing Party. In the event of a dispute between any litigation, dispute or contest arising from a breach of the parties with respect to obligations under this Agreement, the prevailing party shall in any action or proceeding in any court or arbitration in connection therewith will be entitled to recover from the non-prevailing such other party all reasonable its costs incurred in connection with such litigation, dispute or contestand expenses, including without limitation, reasonable attorneys’ fees, disbursement and costs, and experts’ legal fees and associated court costs.
Appears in 3 contracts
Samples: Equity Purchase Agreement (Amedisys Inc), Equity Purchase Agreement (Amedisys Inc), Merger Agreement (Polyone Corp)
Prevailing Party. In the event of any litigation, dispute or contest arising from a breach of this AgreementDispute, the prevailing party in any Action in connection therewith shall be entitled to recover from the non-prevailing such other party all reasonable its costs and expenses incurred in connection with such litigationAction, dispute or contestincluding, including without limitation, reasonable attorneys’ fees, disbursement and costs, and experts’ legal fees and associated costs.
Appears in 2 contracts
Samples: Asset Purchase Agreement (Premier, Inc.), Membership Interest Purchase Agreement (Premier, Inc.)
Prevailing Party. In the event of any litigation, dispute or contest arising from a breach out of the subject matter of this Agreement, the prevailing party shall be entitled recover, in addition to recover from the non-prevailing party all any other damages assessed, its reasonable attorneys' fees and court costs incurred in connection with arbitrating, litigating, or otherwise settling or resolving such litigation, dispute or contest, including without limitation, reasonable attorneys’ fees, disbursement and costs, and experts’ fees and costsdispute.
Appears in 2 contracts
Samples: Maintenance Services Agreement, Maintenance Services Agreement
Prevailing Party. In the event of any litigationlitigation arising from any claim, controversy, dispute or contest cause of action based upon, arising from a breach out of or relating to this Agreement, the prevailing party shall be entitled to recover from the non-prevailing party all reasonable costs incurred including court costs, attorneys fees, and all other related expenses incurred in connection with such litigationclaim, controversy, dispute or contest, including without limitation, reasonable attorneys’ fees, disbursement and costs, and experts’ fees and costscause of action.
Appears in 2 contracts
Samples: Registration Rights Agreement (GreenSky, Inc.), Registration Rights Agreement (GreenSky, Inc.)
Prevailing Party. In the event any dispute arises out of any litigation, dispute or contest arising from a breach of relating to this Agreement, whether in law or equity, the prevailing party Party shall be entitled to recover from recover, in addition to the non-prevailing party all reasonable costs incurred in connection with such litigationrelief awarded, dispute or contest, including without limitation, its reasonable attorneys’ fees, disbursement and costs, and expertsparalegals’ fees and costs, at all levels whether pursuant to an arbitration proceeding, at trial, on appeal, or in bankruptcy.
Appears in 2 contracts
Samples: Employment Agreement (Ascendant Digital Acquisition Corp.), Employment Agreement (Ascendant Digital Acquisition Corp.)
Prevailing Party. In the event of any litigation, dispute or contest arising from a breach of litigation between the Parties with respect to this Agreement, the prevailing party Party in any final and non-appealable judgment resulting from such litigation shall be entitled to recover from the nonsuch other Party its reasonable and documented out-prevailing party all reasonable of-pocket costs and expenses incurred in connection with such litigationAction, dispute or contestincluding, including without limitation, reasonable attorneys’ fees, disbursement and costs, and experts’ documented out-of-pocket legal fees and associated court costs.
Appears in 2 contracts
Samples: Asset Purchase Agreement (Rentech, Inc.), Asset Purchase Agreement (Extreme Networks Inc)
Prevailing Party. In the event of a dispute between any litigation, dispute or contest arising from a breach of the parties hereto with respect to obligations under this Agreement, the prevailing party in any action or proceeding in any court or arbitration in connection therewith shall be entitled to recover from the non-prevailing such other party all reasonable its costs incurred in connection with such litigation, dispute or contestand expenses, including without limitation, reasonable attorneys’ fees, disbursement and costs, and experts’ legal fees and associated court costs.
Appears in 2 contracts
Samples: Membership Purchase Agreement (Agfeed Industries, Inc), Stock Purchase Agreement (Pinnacle Foods Finance LLC)
Prevailing Party. In Except as otherwise required by applicable law or as expressly provided in this Agreement, in the event of any litigation, dispute or contest arising from a breach of including appeals, with regard to this Agreement, the prevailing party shall be entitled to recover from the non-prevailing party all reasonable costs incurred in connection with such litigation, dispute or contest, including without limitation, reasonable attorneys’ fees, disbursement and costs, and experts’ fees expenses of counsel (at pre-trail, trial and costsappellate levels).
Appears in 2 contracts
Samples: Investment and Stockholders' Agreement (Sheridan Healthcare Inc), Investment and Stockholders' Agreement (Sheridan Healthcare Inc)
Prevailing Party. In the event The prevailing party in any arbitration, litigation or other proceeding arising out of any litigation, dispute or contest arising from a breach of relating to this Agreement, or the prevailing party subject matter, enforceability or breach thereof, shall be entitled to recover from the non-prevailing party all its costs and reasonable costs incurred in connection with such litigation, dispute or contest, including without limitation, reasonable attorneys’ attorney's fees, disbursement and costs, and experts’ fees and costsas determined by the arbitrator(s) or court.
Appears in 1 contract
Samples: License, Manufacture, and Distribution Agreement (Scolr Inc)
Prevailing Party. In the event of any litigationcontroversy, claim, or dispute between the Parties arising out of or contest arising from a relating to this Agreement or the breach of this Agreementthereof, the prevailing party Party shall be entitled to recover from the non-prevailing party all other Party reasonable costs incurred in connection with such litigationexpenses, dispute or contest, including without limitation, reasonable attorneys’ fees, disbursement and costs, and experts’ fees and costs.
Appears in 1 contract
Prevailing Party. In the event of any litigation, dispute or contest arising from a breach of this Agreement, the prevailing party party, as finally determined by a court of competent jurisdiction, shall be entitled to recover from the non-prevailing party all reasonable costs incurred in connection with such litigation, dispute or contest, including without limitation, reasonable attorneys’ fees, disbursement and costs, and experts’ fees and costs.
Appears in 1 contract
Samples: Separation Agreement (Aquestive Therapeutics, Inc.)
Prevailing Party. In the event of any litigationaction, dispute suit, arbitration or contest arising from a breach of other proceeding in connection with this Agreement, the prevailing party shall be entitled to recover from the non-prevailing party all reasonable of its costs incurred in connection with such litigationand expenses, dispute or contestincluding, including without limitation, reasonable attorneys’ fees, disbursement and costs, and experts’ ' fees and costsexpenses, incurred by such prevailing party.
Appears in 1 contract
Samples: Asset Purchase and Sale Agreement (Harvey Entertainment Co)
Prevailing Party. In the event of a dispute between any litigation, dispute or contest arising from a breach of the parties hereto with respect to obligations under this Agreement, the prevailing party in any action or proceeding in any court or arbitration in connection therewith shall be entitled to recover from the non-prevailing such other party all reasonable its costs incurred in connection with such litigationand expenses, dispute or contestincluding, including without limitation, reasonable attorneys’ fees, disbursement and costs, and experts’ legal fees and associated court costs.
Appears in 1 contract
Samples: Securities Purchase Agreement (Quadrant 4 Systems Corp)
Prevailing Party. In the event of any litigation, dispute or contest arising from a breach of or default by any Party under this Agreement, the prevailing party Party in any action or proceeding in any court of competent jurisdiction in connection therewith shall be entitled to recover from the such non-prevailing party all reasonable Party its costs incurred in connection with such litigation, dispute or contestand expenses, including without limitation, reasonable attorneys’ fees, disbursement and costs, and experts’ legal fees and expenses and associated court costs.
Appears in 1 contract
Samples: Asset Purchase Agreement (Media Sciences International Inc)
Prevailing Party. In the event of any litigation, dispute or contest arising from a breach litigation arises out of this Agreement, the prevailing party shall be entitled to recover from the non-prevailing party all reasonable costs incurred in connection with such litigationtherewith including, dispute or contest, including without limitation, reasonable attorneys’ feesfees and all costs of appeal including, disbursement and costswithout limitation, and expertsreasonable attorneys’ fees and costsincurred on appeal. This provision shall survive Closing or termination hereof.
Appears in 1 contract
Samples: Affordable Housing Development and Ground Lease Option Agreement
Prevailing Party. In the event of any litigation, dispute that results in a proceeding to construe or contest enforce any provision of this Agreement or that results in a proceeding arising from a out of any alleged breach of this Agreement, the prevailing party shall be entitled to Party may recover from the non-prevailing party all reasonable costs incurred in connection with such litigation, dispute or contest, including without limitation, reasonable attorneys’ fees, disbursement and costs, and experts’ fees and costsother costs incurred (in addition to all other amounts and relief to which such party may be entitled to recover).
Appears in 1 contract
Prevailing Party. In the event of any litigation, a dispute or contest arising from a breach of this Agreementhereunder, the prevailing party in such dispute shall be entitled to recover from the non-prevailing party party, all reasonable costs and expenses incurred in connection with such litigation, dispute or contestdispute, including without limitation, reasonable attorneys’ fees, disbursement and costs, and experts’ fees and costscosts incurred before and at trial or any other proceedings.
Appears in 1 contract
Prevailing Party. In the event of any litigationa legal action resulting from an actual, dispute attempted or contest arising from a breach threatened disclosure or violation of this Agreement, the prevailing party shall should be entitled to recover recover, pursuant to the final ruling of a court of competent jurisdiction, its reasonable attorneys’ fees, costs and expenses from the non-prevailing party all reasonable costs incurred in connection with such litigation, dispute or contest, including without limitation, reasonable attorneys’ fees, disbursement and costs, and experts’ fees and costsparty.
Appears in 1 contract
Samples: Non Disclosure Agreement
Prevailing Party. In the event of any litigation, dispute litigation or contest ---------------- arbitration between the parties arising from a breach of this Agreement, the prevailing party shall be entitled to recover from the non-prevailing party all recover, in (Intentionally left blank) addition to any other relief granted or awarded, its reasonable attorney's fees, costs and expenses incurred in connection with such litigation, dispute or contest, including without limitation, reasonable attorneys’ fees, disbursement and costs, and experts’ fees and coststhe preceding.
Appears in 1 contract
Samples: Manufacture and Supply Agreement (Icu Medical Inc/De)
Prevailing Party. In the event of any litigation, dispute or contest arising from a breach of this Agreement, the prevailing party shall be entitled to recover from the non-prevailing party all reasonable costs incurred in connection with such litigation, dispute or contest, including without limitation, reasonable attorneys’ ' fees, disbursement and costs, and experts’ ' fees and costs.
Appears in 1 contract
Samples: Employment Agreement (KLX Energy Services Holdings, Inc.)
Prevailing Party. In the event of any litigation, a dispute or contest arising from a breach of between the parties hereto with respect to this Agreement, the prevailing party in any action or proceeding in any court or arbitration in connection therewith shall be entitled to recover from the nonother party its out-prevailing party all reasonable of-pocket costs and expenses incurred in connection with such litigation, dispute action or contestproceeding, including without limitation, reasonable attorneys’ fees, disbursement and costs, and experts’ legal fees and associated court costs.
Appears in 1 contract