Common use of Prevailing Party Clause in Contracts

Prevailing Party. If any legal action or other proceedings is brought for a breach of this Agreement or any of the warranties herein, the prevailing party shall be entitled to recover its reasonable attorneys’ fees and other costs incurred in bringing such action or proceeding, in addition to any other relief to which such party may be entitled.

Appears in 8 contracts

Samples: Management Services Agreement (Immunome Inc.), Management Agreement (AID Restaurant, Inc.), Management Agreement (Hawkeye Holdings, Inc.)

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Prevailing Party. If any legal action or other proceedings is brought for a breach of this Agreement or any of the warranties hereinAgreement, the prevailing party shall be entitled to recover its reasonable attorneys’ fees and other costs incurred in bringing such action or proceeding, in addition to any other relief to which such party may be entitled.

Appears in 8 contracts

Samples: Advisory Services and Monitoring Agreement (Reliant Software, Inc.), Advisory Services and Monitoring Agreement (Community Choice Financial Inc.), Advisory Services and Monitoring Agreement (Generac Holdings Inc.)

Prevailing Party. If any legal action or other proceedings is brought for a breach of this Agreement or any of the warranties herein, the prevailing party shall be entitled to recover its reasonable attorneys' fees and other costs incurred in bringing such action or proceeding, in addition to any other relief to which such party may be entitled.

Appears in 5 contracts

Samples: Management Agreement (Refco Information Services, LLC), Management Agreement (Refco Inc.), Management Agreement (American Media Operations Inc)

Prevailing Party. If any legal action or other proceedings proceeding is brought for a breach in order to enforce the Terms of this Agreement or any of the warranties hereincollect monies due, the prevailing party shall be entitled to recover its reasonable attorneys' fees and other costs incurred in bringing such action or proceeding, in addition to any other relief to which such party may be entitled.

Appears in 4 contracts

Samples: Service Agreement (Greenfield Online Inc), Service Agreement (Greenfield Online Inc), Partner Agreement (Greenfield Online Inc)

Prevailing Party. If any litigation, legal action action, arbitration or any other proceedings proceeding is brought for a breach of of, or to otherwise enforce any rights under, this Agreement or any of the warranties hereinAgreement, the prevailing party shall be entitled to recover recover, and shall be reimbursed by the losing party for, its reasonable attorneys’ fees and all other costs incurred in bringing such action litigation, legal action, arbitration or other proceeding, in addition to any other relief to which such prevailing party may be entitled.

Appears in 4 contracts

Samples: Standard Terms and Conditions, Standard Terms and Conditions, Standard Terms and Conditions Service

Prevailing Party. If any legal action or other proceedings proceeding is brought for a breach in order to enforce the terms of this Agreement or any of the warranties herein, collect monies due hereunder the prevailing party shall be entitled to recover its reasonable attorneys' fees and other costs incurred in bringing such action or proceeding, in addition to any other relief to which such party may be entitled.

Appears in 4 contracts

Samples: Fieldsourcing Agreement (Greenfield Online Inc), Alliance, License and Supply Agreement (Greenfield Online Inc), Fieldsource Agreement (Greenfield Online Inc)

Prevailing Party. If any legal action or other proceedings is brought for a breach of this Agreement or any of the warranties herein, the prevailing party shall be entitled to recover its reasonable attorneys' fees and other costs incurred in bringing such action or proceeding, in addition to any other relief to which such party may be entitled.. * * * * *

Appears in 3 contracts

Samples: Management Agreement (Simmons Co /Ga/), Management Agreement (Fidelity National Financial Inc /De/), Management Agreement (Fidelity National Financial Inc /De/)

Prevailing Party. If any legal action or other proceedings proceeding is brought for a any breach of this Agreement or any of the warranties hereinAgreement, the prevailing party shall be entitled to recover its reasonable attorneys’ fees and other costs incurred in bringing such action or proceeding, in addition to any other relief to which such party may be entitled.

Appears in 3 contracts

Samples: License Agreement, License Agreement, Software License Agreement

Prevailing Party. If any legal action or other proceedings is brought for a breach of this Agreement or any of the warranties hereinAgreement, the prevailing party shall be entitled to recover its reasonable attorneys' fees and other costs incurred in bringing such action or proceeding, in addition to any other relief to which such party may be entitled.

Appears in 3 contracts

Samples: Fee Agreement (Sea Coast Foods, Inc.), Management Agreement (Sea Coast Foods, Inc.), Fee Agreement (National Waterworks Inc)

Prevailing Party. If any legal action or other proceedings proceeding is brought for a any breach of this Agreement or any of the warranties hereinAgreement, the prevailing party shall be entitled to recover its reasonable attorneys’ legal fees and other costs incurred in bringing such action or proceeding, in addition to any other relief to which such party may be entitled.

Appears in 2 contracts

Samples: Software License Agreement, Software License Agreement

Prevailing Party. If any legal action or other proceedings proceeding is brought for a breach of this Agreement or any of the warranties herein, the prevailing party shall be entitled to recover its reasonable attorneys' fees and other costs incurred in bringing such action or proceeding, in addition to any other relief to which such party may be entitled.

Appears in 2 contracts

Samples: Partnership Agreement (Greenfield Online Inc), Co Branding & Marketing Agreement (Asymetrix Learning Systems Inc)

Prevailing Party. If any legal action or other proceedings is brought for a breach of this Agreement or any of the warranties hereinAgreement, the prevailing party shall be entitled to recover its reasonable attorneys’ fees and other costs incurred in bringing such action or proceeding, in addition to any other relief to which such party may be granted or entitled.

Appears in 2 contracts

Samples: Advisory Services and Monitoring Agreement (Armored AutoGroup Inc.), Advisory Services and Monitoring Agreement (Lantheus MI Intermediate, Inc.)

Prevailing Party. If any legal action or other proceedings is brought for a breach of this Agreement or any of the warranties hereinLease, the prevailing party Party shall be entitled to recover its reasonable attorneys’ fees and other costs incurred in bringing or defending such action or proceeding, in addition to any other relief to which such party Party may be entitled.

Appears in 2 contracts

Samples: Equipment Lease, Equipment Lease

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Prevailing Party. If any legal action action, arbitration, or other proceedings proceeding is brought for a breach of this Agreement or any of the warranties herein, the prevailing party shall be entitled to recover its reasonable attorneys’ fees and other costs incurred in bringing such action or proceeding, in addition to any other relief to which such party may be entitled.

Appears in 1 contract

Samples: Contractor Services Agreement (Lighting Science Group Corp)

Prevailing Party. If any legal action or other proceedings proceeding is brought for a breach of this Agreement or any of the warranties herein, the prevailing party Party shall be entitled to recover its reasonable attorneys' fees and other costs incurred in bringing such action or proceeding, in addition to any other relief to which such party Party may be entitled.

Appears in 1 contract

Samples: Master Services Agreement (Endurance International Group Holdings, Inc.)

Prevailing Party. If any legal action or other proceedings is brought for a breach of this Agreement or any of the warranties hereinAgreement, the prevailing party shall be entitled to recover its reasonable attorneys' fees and other costs incurred in bringing such action or proceeding, in addition to any other relief to which such party may be entitled.. * * * * *

Appears in 1 contract

Samples: Fee Agreement (Sea Coast Foods, Inc.)

Prevailing Party. If any legal action or other proceedings is brought for a breach of this Agreement or any of the warranties herein, the prevailing party shall be entitled to recover its reasonable attorneys' fees and other costs incurred in bringing such action or proceeding, in addition to any other relief to which such party may be entitled.. * * * * * Exhibit 10.19

Appears in 1 contract

Samples: Management Agreement (Michael Foods Inc/New)

Prevailing Party. If any legal action or other proceedings Action is brought for a breach of this Agreement or any of the warranties hereinAgreement, the prevailing party Party shall be entitled to recover its reasonable attorneys’ attorney’s fees and other costs incurred in bringing such action or proceedingAction, in addition to any other relief to which such party Party may be entitled.

Appears in 1 contract

Samples: Asset Purchase Agreement (Forward Industries, Inc.)

Prevailing Party. If any legal action or any other proceedings proceeding is brought for a breach the enforcement of this Agreement Agreement, or because of an alleged dispute, breach, default or misrepresentation in connection with any of the warranties hereinprovisions of this Agreement, the prevailing party or parties entitled to recover costs in any suit, whether or not brought to judgment, and whether or not incurred before or after the filing of suit, shall be entitled to recover its reasonable attorneys’ fees and other costs incurred in bringing such that action or proceeding, in addition to any other relief to which such party it or they may be entitled.

Appears in 1 contract

Samples: Asset Purchase Agreement (Spirit Finance Corp)

Prevailing Party. If any legal action or other proceedings proceeding is brought for a breach of this Agreement or any of the representations or warranties herein, the prevailing party shall be entitled to recover its reasonable attorneys' fees and other costs incurred in bringing such action or proceeding, in addition to any other relief to which such party may be entitled.

Appears in 1 contract

Samples: Stock Repurchase Agreement (Lecroy Corp)

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