Recovery of Costs. If any legal action or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party shall be entitled to recover reasonable attorneys’ fees and other costs incurred in that action or proceeding (and any additional proceeding for the enforcement of a judgment) in addition to any other relief to which it or they may be entitled.
Recovery of Costs. If the Attorney General files a civil action to enforce this Settlement Agreement, the Companies shall pay all costs of investigating and prosecuting the action, including expert fees, reasonable attorneys’ fees, and costs.
Recovery of Costs. The Legal Profession Uniform Law (NSW) (“the Uniform Law”) provides that we cannot take action for recovery of legal costs until 30 days after a tax invoice (which complies with the Uniform Law) has been given to you.
Recovery of Costs. In the event that the Company commences an action in any court to enforce any of the Covenants, the party against whom the court finds shall pay all expenses associated with such enforcement, including reasonable attorneys’ fees.
Recovery of Costs. To the extent permitted by federal law, the Franchisee shall be allowed to recover the costs of the Franchise Grant or any other costs arising from the provision of PEG services from Subscribers and to include such costs as a separately billed line item on each Subscriber’s bill. Without limiting the forgoing, if allowed under state and federal laws, Franchisee may externalize, line-item, or otherwise pass-through interconnection and any franchise-related costs to Subscribers.
Recovery of Costs. In the event that any enforcement action is taken by either party hereunder, including filing an action in court or in arbitration, the prevailing party shall be entitled to recover from the losing party its costs and expenses, including its reasonable attorneys' fees and court costs.
Recovery of Costs. Any costs, fees or expenses (including legal costs) that are incurred by us as a result of your breach of the terms and conditions of this Agreement or any Charge or arising out of our enforcement of any of our rights hereunder or under any such Charge shall be recoverable by us from you on a full indemnity basis.
Recovery of Costs. In case of litigation between the parties regarding this Agreement, the prevailing party shall be entitled to recovery of all of their costs including reasonable attorney’s fees.
Recovery of Costs. The prevailing Party in any litigation or alternative dispute resolution proceeding between the Parties in a dispute arising under this Agreement shall be entitled to recover, from the other Party, reimbursement for reasonable attorneys fees, expert fees, court costs and costs of discovery and investigation.
Recovery of Costs. (a) If LMM connects an Expansion Well to the Gathering System in accordance with Section 2.6, and after the *** Months following the connection (“Recovery Period”), to the extent LMM’s Actual Cost exceeds the Recovered Cost (as defined below), LMM shall be entitled to recover its Actual Cost from Shipper. LMM’s “Recovered Cost” shall be determined by multiplying the allocated volumes of Gas from Shippers and third parties, in Dth, Gathered by LMM during the Recovery Period by the Gathering Fee and multiply that product by ***. If at the end of the Recovery Period the Recovered Cost is less than the Actual Cost, Shipper shall, within *** Days of the receipt of a statement from LMM detailing LMM’s Actual Cost, pay LMM an amount equal to the difference between the Actual Cost and the Recovered Cost, with such difference being divided by ***, to the extent that Shipper does not dispute LMM’s calculation of its Actual Cost. If this Agreement should terminate or expire prior to the end of the Recovery Period for the well and the Recovered Cost through such termination or expiration is less than the Actual Cost, Shipper shall, within *** Days of the receipt of a statement from LMM, pay LMM an amount equal to the difference between the Actual Cost and the Recovered Cost, to the extent that Shipper does not dispute LMM’s calculation of its Actual Cost. For purposes of this Section 2.8, “Actual Cost” shall be defined as the actual third-party costs incurred by LMM to connect the Expansion Well, but shall be limited to the facilities on and installation of pipeline *** inches (***”) in diameter or less upstream of any compression facilities on the Gathering System.
(b) Shipper shall make a good faith effort to timely complete each Project. In the event LMM has incurred costs building an Expansion to connect a Project, which costs are not otherwise subject to Section 2.8(a), and if Shipper fails to complete such Project in good faith, then LMM shall have the right to recover its direct costs allocated to Shipper in accordance with Section 2.6(a) incurred in connection with building the Expansion for the Project, as described in Section 2.8(a), subject to LMM’s obligation to mitigate such costs. Notwithstanding the foregoing, LMM shall have the right to recover its costs as described in this Section 2.8(b) in the event Shipper does not complete a Project due to any reason other than (i) an adverse change in the economics of the Project, (ii) an event of Force Majeure, ...
