Professional Fees. In the event of the bringing of any action or suit by a party hereto against another party hereunder by reason of any breach of any of the covenants, agreements or provisions on the part of the other party arising out of this Agreement, then in that event the prevailing party shall be entitled to have and recover of and from the other party all costs and expenses of the action or suit, including actual attorney's fees, accounting fees, and other professional fees resulting therefrom.
Appears in 16 contracts
Samples: Merger Agreement, Plan and Agreement of Reorganization (Discovery Investments Inc), Merger Agreement (International Card Establishment Inc)
Professional Fees. In the event of the bringing of any action or suit by a party hereto against another party hereunder by reason of any breach of any of the covenants, agreements or provisions on the part of the other party arising out of this Agreement, then in that event the prevailing party shall be entitled to have and recover of and from the other party all costs and expenses of the action or suitsuit and any appeals therefrom, and enforcement of any judgment in connection therewith, including actual attorney's attorneys' fees, accounting and engineering fees, and any other professional fees resulting therefrom.
Appears in 4 contracts
Samples: Purchase and Sale Agreement (American Assets Trust, L.P.), Purchase and Sale Agreement (Flexsteel Industries Inc), Purchase and Sale Agreement (NetApp, Inc.)
Professional Fees. In in the event of the bringing of any action or suit by a party hereto against another party hereunder by reason of any breach of any of the covenants, agreements or provisions on the part of the other party arising out of this Agreement, then in that event the prevailing party shall be entitled to have and recover of and from the other party all costs and expenses of the action or suit, including actual attorney's fees, accounting fees, and other professional fees resulting therefrom.
Appears in 4 contracts
Samples: Stock Purchase Agreement (Tel Voice Communications Inc), Reorganization Agreement (Sitestar Corp), Reorganization Agreement (Sitestar Corp)
Professional Fees. In the event of the bringing of any action action, suit, or suit arbitration by a party hereto against another party hereunder by reason of any breach of any of the covenants, agreements agreements, or provisions on the part of the other party arising out of this Agreement, then in that event the prevailing party shall be entitled to have and recover of and from the other party all costs and expenses of the action or that action, suit, or arbitration, at trial, in arbitration, or on appeal, and in collection therewith, including actual attorney's but not limited to, reasonable attorneys’ fees, accounting feesaccounting, and other professional fees resulting therefrom.
Appears in 4 contracts
Samples: Consulting Agreement (Rio Vista Energy Partners Lp), Consulting Agreement (Penn Octane Corp), Consulting Agreement (Penn Octane Corp)
Professional Fees. In the event of the bringing of any action or suit is brought by a party hereto against another party hereunder by reason of any breach of any of the covenants, agreements or provisions on the part of the other party arising out of this Agreement, then in that event the prevailing party shall will be entitled to have and recover the recovery of and from the other party all costs and expenses of the action or suit, including actual attorney's reasonable attorneys' fees, accounting fees, witness fees and any other professional fees resulting therefromtherefrom whether at trial or on appeal.
Appears in 3 contracts
Samples: Purchase and Sale Agreement, Purchase and Sale Agreement, Purchase and Sale Agreement
Professional Fees. In the event of the bringing of any action or suit by a party hereto against another party hereunder by reason of any breach of any of the covenants, agreements or provisions provision on the part of the other party arising out of this Agreement, then in that event the prevailing party shall be entitled to have and recover of and from the other party all costs and expenses of the action or suit, including actual attorney's attorneys' fees, accounting fees, and any other professional fees resulting therefromthere from.
Appears in 3 contracts
Samples: Consulting Agreement (Imaging3 Inc), Consulting Agreement (Imaging3 Inc), Consulting Agreement (Imaging3 Inc)
Professional Fees. In the event of the bringing of any action or suit by a party hereto against another party hereunder by reason of any breach of any of the covenants, agreements or provisions on the part of the other party arising rising out of this Agreement, then in that event the prevailing party shall be entitled to have and recover of and from the other party all costs and expenses of the action or suit, including actual attorney's attorneys’ fees, accounting and engineering fees, and any other professional fees resulting therefrom.
Appears in 3 contracts
Samples: Purchase Agreement, Purchase Agreement (Wells Core Office Income Reit Inc), Agreement to Develop and Lease (Centerpoint Properties Trust)
Professional Fees. In the event any Party hereto shall commence legal ------------------ proceedings against the other to enforce the terms hereof, or to declare rights hereunder, as the result of the bringing of any action or suit by a party hereto against another party hereunder by reason of any breach of any of the covenants, agreements covenant or provisions on the part of the other party arising out condition of this Agreement, then in that event the prevailing party in any such proceeding shall be entitled to have and recover of and from the other losing party all its costs and expenses of the action or suit, including actual attorney's reasonable attorneys' fees, accounting accountants' fees, and other professional fees resulting therefromexperts' fees.
Appears in 3 contracts
Samples: Acquisition Agreement (Imaging Technologies Corp/Ca), Acquisition Agreement (Imaging Technologies Corp/Ca), Acquisition Agreement (Imaging Technologies Corp/Ca)
Professional Fees. In the event of the bringing of any action or suit by a either party hereto shall commence legal proceedings against another party hereunder by reason the other to enforce the terms hereof, or to declare rights hereunder, as the result of any a breach of any of the covenants, agreements Covenant or provisions on the part of the other party arising out condition of this Agreement, then in that event the prevailing party in any such proceeding shall be entitled to have and recover of and from the other losing party all its costs and expenses of the action or suit, including actual attorney's reasonable attorneys' fees, accounting accountants' fees, and other professional fees resulting therefromexperts' fees.
Appears in 2 contracts
Samples: Acquisition, Stock Purchase, and Exchange Agreement (Thehealthchannel Com Inc), Acquisition, Stock Purchase, and Exchange Agreement (Thehealthchannel Com Inc)
Professional Fees. In the event of the bringing of any action or suit by a party hereto against another party hereunder by reason of any breach of any of the covenants, agreements or provisions on the part of the other party arising out of this Agreement, then in that event the prevailing party shall be entitled to have and recover of and from the other party all costs and expenses of the action or suitsuit and any appeals therefrom, and enforcement of any judgment in connection therewith, including actual attorney's attorneys’ fees, accounting and engineering fees, and any other professional fees resulting therefrom.
Appears in 2 contracts
Samples: Agreement of Purchase and Sale (Terreno Realty Corp), Purchase and Sale Agreement (Griffin Capital Net Lease REIT, Inc.)
Professional Fees. In the event of the bringing of any action or suit by a party hereto against another party hereunder by reason of any breach of any of the covenants, agreements or provisions on the part of the other party arising out of this Agreement, then in that event the prevailing party shall be entitled to have and recover of and from the other party all costs and expenses of the action or suit, including actual reasonable attorney's fees, accounting fees, and other professional fees resulting therefrom.
Appears in 2 contracts
Samples: Stock Purchase Agreement (Loughran Go Corp), Stock Purchase Agreement (Internatural Pharmaceuticals Inc)
Professional Fees. In the event of the bringing of any action or suit by a party hereto against another party hereunder by reason of any breach of any of the covenants, agreements or provisions on the part of the other party arising out of this Agreement, then in that event the prevailing party shall be entitled to have and recover of and from the other party all reasonable costs and expenses of the action or suit, including actual attorney's reasonable attorneys’ fees, accounting and engineering fees, and any other professional fees resulting therefrom.
Appears in 2 contracts
Samples: Agreement of Purchase and Sale, Purchase and Sale Agreement (Hudson Pacific Properties, Inc.)
Professional Fees. In the event of the bringing of any action action, suit, or suit arbitration by a party hereto against another party hereunder by reason of any breach of any of the covenants, agreements agreements, or provisions on the part of the other party arising out of this Agreement, then in that event the prevailing party shall be entitled to have and recover of and from the other party all costs and expenses of the action or that action, suit, or arbitration, at trial, in arbitration, or on appeal, and in collection therewith, including actual attorney's but not limited to, reasonable attorneys' fees, accounting feesaccounting, and other professional fees resulting therefrom.
Appears in 2 contracts
Samples: Consulting Agreement (Avenue Therapeutics, Inc.), Promissory Note (Penn Octane Corp)
Professional Fees. In the event of the bringing of any action or suit by a party hereto against another party hereunder by reason of any breach of any of the covenants, agreements or provisions on the part of the other party arising out of this Agreement, or to interpret this Agreement, then in that event the prevailing party shall be entitled to have and recover of and from the other party all costs and expenses of the action or suit, including actual attorney's attorneys’ fees, accounting and engineering fees, and any other professional fees resulting therefrom, at trial and on appeal.
Appears in 2 contracts
Samples: Purchase and Sale Agreement, Purchase and Sale Agreement (Vmware, Inc.)
Professional Fees. In the event of the bringing of any action or suit by a party hereto against another party hereunder by reason of any breach of any of the covenants, agreements or provisions on the part of the other party arising out of this Agreement, then in that event the prevailing party shall be entitled to have and recover of and from the other party all reasonable out-of-pocket costs and expenses of the action or suit, including actual attorney's reasonable out-of-pocket attorneys’ fees, accounting and engineering fees, and any other professional fees resulting therefrom.
Appears in 2 contracts
Samples: Purchase and Sale Agreement (Strategic Realty Trust, Inc.), Purchase and Sale Agreement (Strategic Realty Trust, Inc.)
Professional Fees. In the event of the bringing of any action action, suit, or suit arbitration by a party hereto against another party hereunder by reason of any breach of any of the covenants, agreements agreements, or provisions on the part of the other party arising out of this Restated Agreement, then in that event the prevailing party shall be entitled to have and recover of and from the other party all costs and expenses of the action or that action, suit, or arbitration, at trial, in arbitration, or on appeal, and in collection therewith, including actual attorney's but not limited to, reasonable attorneys' fees, accounting feesaccounting, and other professional fees resulting therefrom.
Appears in 2 contracts
Samples: Consulting Agreement (Rio Vista Energy Partners Lp), Consulting Agreement (Penn Octane Corp)
Professional Fees. In the event of the bringing of any action or ------------------- suit by a party hereto against another party hereunder by reason of any breach of any of the covenants, agreements or provisions on the part of the other party arising out of this Agreement, then in that event the prevailing party shall be entitled to have and recover of and from the other party all costs and expenses of the action or of suit, including actual attorney's feesattorneys', accounting and engineering fees, and any other professional fees resulting therefrom.
Appears in 1 contract
Professional Fees. In the event of the bringing of any action ------------------ or suit by a party hereto against another party hereunder by reason of any breach of any of the covenants, agreements or provisions on the part of the other party arising out of this Agreement, then in that event the prevailing party shall be entitled to have and recover of and from the other party all costs and expenses of the action or of suit, including actual attorney's feesattorneys', accounting and engineering fees, and any other professional fees resulting therefrom.
Appears in 1 contract
Professional Fees. In the event of the bringing of any action ----------------- or suit by a party hereto against another party hereunder by reason of any breach of any of the covenants, agreements or provisions on the part of the other party arising out of this Agreement, then in that event the prevailing party shall be entitled to have and recover of and from the other party all reasonable costs and expenses of the action or suit, including actual attorney's attorneys' fees, accounting and engineering fees, and any other professional fees resulting therefrom.
Appears in 1 contract
Samples: Purchase and Sale Agreement (Bindley Western Industries Inc)
Professional Fees. In the event of the bringing of any action or suit by a party hereto against another party hereunder by reason of any breach of any of the covenants, agreements or provisions on the part of the other party arising out of this Holdback Agreement, then in that event the prevailing party shall be entitled to have and recover of and from the other party all costs and expenses of the action or suitsuit and any appeals therefrom, and enforcement of any judgment in connection therewith, including actual attorney's attorneys’ fees, accounting and engineering fees, and any other professional fees resulting therefrom.
Appears in 1 contract
Samples: Holdback Escrow Agreement (Armstrong Flooring, Inc.)
Professional Fees. In the event of the bringing of any action or suit by a party hereto against another party hereunder by reason of any breach of any of the covenants, agreements or provisions on the part of the other party arising out of this Agreement, then in that event the prevailing party shall be entitled to have and recover of and from the other party all costs and expenses of the action or suit, including actual attorney's attorneys’ fees, accounting and engineering fees, and any other professional fees resulting therefrom.
Appears in 1 contract
Samples: Purchase and Sale Agreement (Wells Real Estate Investment Trust Inc)
Professional Fees. In the event of the bringing of any action or suit by a party hereto against another party hereunder by reason of any breach of any of the covenants, agreements or provisions on the part of the other party arising out of this Agreement, then in that the event the prevailing party shall be entitled to have and recover of and from the other party all costs and expenses of the action or suit, including actual attorney's fees, accounting fees, and other professional fees resulting therefrom.
Appears in 1 contract
Samples: Waste Management Agreement (Pacific Industrial Corp)
Professional Fees. In the event of the bringing of any action ----------------- or suit by a party hereto against another party hereunder by reason of any breach of any of the covenants, agreements or provisions on the part of the other party arising out of this Agreement, then in that event the prevailing party shall be entitled to have and recover of and from the other party all costs and expenses of the action or suit, including actual attorney's fees, accounting fees, and other professional fees resulting therefrom.out
Appears in 1 contract
Samples: Purchase and Sale Agreement (Falcon Products Inc /De/)
Professional Fees. In the event of the bringing of any action or suit by a party hereto against another party hereunder by reason of any breach of any of the covenants, agreements or provisions on the part of the other party arising rising out of this AgreementLease, then in that event the prevailing party shall be entitled to have and recover of and from the other party all costs and expenses of the action or suit, including actual attorney's attorneys’ fees, accounting fees, and other professional fees resulting therefrom.
Appears in 1 contract
Professional Fees. In the event of the bringing of any action or suit is brought by a party hereto against another party hereunder by reason of any breach of any of the covenants, agreements or provisions on the part of the other party arising out of this Agreement, then in that event the prevailing party shall be entitled to have and recover of and from the other party all costs and expenses of the action or suit, including including, without limitation, actual attorney's attorney fees, accounting and engineering fees, and any other professional fees resulting therefrom.
Appears in 1 contract
Professional Fees. In the event of the bringing of any action or suit by a either party hereto to this Agreement against another the other party hereunder by reason of any breach of any of the covenants, agreements agreements, obligations or provisions on the part of the other party arising rising out of this Agreement, then in that event the prevailing party shall be entitled to have and recover of and from the other party all costs and expenses of the action or suit, including actual attorney's feesattorneys' fees and costs, accounting and engineering fees, and any other professional fees resulting therefromfrom the action or suit.
Appears in 1 contract
Professional Fees. In the event of the bringing of any action or suit by a any party hereto against another party hereunder by reason of any breach of any of the covenants, agreements agreements, or provisions on the part of the other party arising out of this Agreement, then in that event the prevailing party shall be entitled to have and recover of and from the other party all costs and expenses of the action or suit, including actual attorney's reasonable attorneys’ fees, accounting fees, and any other professional fees resulting therefrom. Such fees and costs may be taxed as costs by the prevailing party. Fees and costs not expressly provided for in this Agreement shall be borne by each party.
Appears in 1 contract
Professional Fees. In the event of the bringing of any action action, arbitration or suit by a party hereto against another party hereunder by reason of any breach of any of the covenants, agreements or provisions on the part of the other party arising out of this Agreement, then in that event the prevailing party shall will be entitled to have and recover the recovery of and from the other party all costs and expenses of the action action, arbitration or suit, including actual attorney's including, without limitation, reasonable attorneys’ fees, accounting fees, witness fees and any other professional fees resulting therefrom.
Appears in 1 contract
Professional Fees. In the event of the bringing of any action or suit by a party part hereto against another party hereunder by reason of any breach of any of the covenants, agreements or provisions provision on the part of the other party arising out of this Agreement, then in that event the prevailing party shall be entitled to have and recover of and from the other party all costs and expenses of the action or suit, including actual attorney's attorneys’ fees, accounting fees, and any other professional fees resulting therefrom.
Appears in 1 contract
Samples: Assignment, Quit Claim and Release (Sierra Resource Group Inc)
Professional Fees. In the event of the bringing of any action action, arbitration or suit by a party hereto against another party hereunder by reason of any breach of any of the covenants, agreements or provisions on the part of the other party arising out of this Agreement, then in that event the prevailing party shall will be entitled to have and recover the recovery of and from the other party all costs and expenses of the action action, arbitration or suit, actual attorneys’ fees (including actual attorney's feesthe allocated costs of Seller’s in-house counsel), accounting fees, witness fees and any other professional fees resulting therefromthere from.
Appears in 1 contract
Samples: Purchase and Sale Agreement (TNP Strategic Retail Trust, Inc.)
Professional Fees. In the event of the bringing of any action or suit by a party hereto against another party hereunder by reason of any breach of any of the covenants, agreements or provisions on the part of the other party arising rising out of this Agreement, then in that event the prevailing party shall be entitled to have and recover of and from the other party all costs and expenses of the action or suit, including actual attorney's attorneys’ fees, accounting fees, and any other professional fees resulting therefrom.
Appears in 1 contract
Samples: Real Estate Purchase Agreement (Bio Logic Systems Corp)
Professional Fees. In the event of the bringing of any action action, ----------------- arbitration or suit by a party hereto against another party hereunder by reason of any breach of any of the covenants, agreements or provisions on the part of the other party arising out of this Agreement, then in that event the prevailing party shall be entitled to have and recover of and recovery from the other party all costs and expenses of the action action, arbitration or suit, including and actual attorney's attorneys' fees, accounting fees, and other professional fees resulting therefrom.
Appears in 1 contract
Samples: Purchase and Sale Agreement (American General Hospitality Corp)
Professional Fees. In the event of the bringing of any action ----------------- or suit by a party hereto against another party hereunder by reason of any breach of any of the covenants, agreements agreements, or provisions on the part of the other party arising out of this Agreement, then in that event the prevailing party shall be entitled to have and recover of and from the other party all reasonable costs and expenses of the action or suit, including actual attorney's attorneys' fees, accounting fees, and engineering fees, and any other professional fees resulting therefrom.
Appears in 1 contract
Samples: Assignment of Purchase Agreement and Development Management Agreement (G&l Realty Corp)
Professional Fees. In the event of the bringing of any action ----------------- or suit by a party hereto against another party hereunder by reason of any breach of any of the covenants, agreements or provisions on the part of the other party arising out of this Agreement, then in that event the prevailing party shall be entitled to have and recover of and from the other party all costs and expenses of the action or suit, including actual attorney's feesattorneys' fees at trial and post-judgment including appeals, accounting fees, and engineering fees and any other professional fees resulting therefrom.
Appears in 1 contract
Samples: Purchase and Sale Agreement (Falcon Products Inc /De/)
Professional Fees. In the event of the bringing of any action or suit by a party hereto against another party hereunder by reason of any breach of any of the covenants, agreements or provisions on the part of the other party arising out of this Agreement, then in that event the prevailing party shall be entitled to have and recover of and from the other party all costs and expenses of the action or suit, including actual attorney's reasonable attorneys’ fees, accounting and engineering fees, and any other professional fees resulting therefrom.
Appears in 1 contract
Samples: Sales and Purchase Agreement
Professional Fees. In the event of the bringing of any action or suit by a party hereto against another party hereunder by reason of any breach of of, or to enforce, any of the covenants, agreements or provisions on the part of the other party arising out of this Agreement, then in that event the prevailing party shall be entitled to have and recover of and from the other party part all costs and expenses of the action or suit, including actual attorney's reasonable attorneys' fees, accounting and engineering fees, and any other professional fees resulting therefrom.
Appears in 1 contract
Samples: Note Purchase and Sale Agreement (Arden Realty Inc)
Professional Fees. In the event of the bringing of any action or ------------------ suit by a party hereto against another party hereunder by reason of any breach of any of the covenants, agreements or provisions on the part of the other party arising out of this Agreement, then in that event the prevailing party shall be entitled to have and recover of and from the other party all costs and expenses of the action or of suit, including actual attorney's feesattorneys', accounting and engineering fees, and any other professional fees resulting therefrom.
Appears in 1 contract
Professional Fees. In the event of the bringing brining of any action or suit by a party part hereto against another party hereunder by reason of any breach of any of the covenants, agreements or provisions provision on the part of the other party arising out of this Agreement, then in that event the prevailing party shall be entitled to have and recover of and from the other party all costs and expenses of the action or suit, including actual attorney's attorneys' fees, accounting fees, and any other professional fees resulting therefrom.
Appears in 1 contract
Samples: Mutual Rescission Agreement (Discovery Investments Inc)
Professional Fees. In the event of the bringing of any action or suit by a party hereto against another party hereunder by reason of any breach of any of the covenants, agreements or provisions on the part of the other party arising out of this Agreement, then in that event the prevailing party shall be entitled to have and recover of and from the other party all costs and expenses of the action or suit, including actual attorney's attorneys' fees, accounting and engineering fees, and any other professional fees resulting therefrom.
Appears in 1 contract
Samples: Participation and Put Option Agreement (Inktomi Corp)
Professional Fees. In the event of the bringing of any action action, arbitration or suit by a party hereto against another party hereunder by reason of any breach of any of the covenants, agreements or provisions on the part of the other party arising out of this Agreement, then in that event the prevailing party shall will be entitled to have and recover the recovery of and from the other party all costs and expenses of the action action, arbitration or suit, actual attorneys' fees (including actual attorneythe allocated costs of Seller's feesin-house counsel), accounting fees, witness fees and any other professional fees resulting therefrom.
Appears in 1 contract
Professional Fees. In the event of the bringing of any action or suit by a party hereto against another party hereunder by reason of any breach of any of the covenants, agreements or provisions on the part of the other party arising out of this New Agreement, then in that event the prevailing party shall be entitled to have and recover of and from the other party all costs and expenses of the action or suit, including actual attorney's fees, accounting fees, and other professional fees resulting therefrom.
Appears in 1 contract
Samples: Stock Purchase Agreement (Future Educational Systems Inc)
