Recovery of Fees by Prevailing Party. In the event of any legal action (including arbitration) to enforce or interpret this Agreement, the non-prevailing Party shall pay the reasonable attorneys’ fees and other costs and expenses (including expert witness fees) of the prevailing Party in such amount as the may be determined. In addition, such non-prevailing Party shall pay reasonable attorneys’ fees incurred by the prevailing Party in enforcing, or on appeal from, a judgment in favor of the prevailing Party. The preceding sentence is intended by the Parties to be severable from the other provisions of this Agreement and to survive and not be merged into such judgment.
Appears in 12 contracts
Samples: Asset Sale Agreement (Data443 Risk Mitigation, Inc.), Conversion Agreement (American Rebel Holdings Inc), Asset Purchase Agreement (Data443 Risk Mitigation, Inc.)
Recovery of Fees by Prevailing Party. In the event of any legal action (including arbitration) to enforce or interpret the provisions of this Agreement, the non-prevailing Party shall pay the reasonable attorneys’ fees and other costs and expenses (expenses, including expert witness fees) , of the prevailing Party in such amount as the may be determined. In additioncourt shall determine, such non-prevailing Party shall pay reasonable attorneys’ fees as well as same incurred by the prevailing Party in enforcing, or on appeal from, a judgment in favor of the prevailing Party. The preceding sentence is intended by the Parties to be severable from the other provisions of this Agreement and to survive and not be merged into such judgment.
Appears in 11 contracts
Samples: Revenue Interest Purchase Agreement (American Rebel Holdings Inc), Revenue Interest Purchase Agreement (American Rebel Holdings Inc), Revenue Interest Purchase Agreement (American Rebel Holdings Inc)
Recovery of Fees by Prevailing Party. In the event of any legal action (including arbitration) to enforce or interpret the provisions of this Agreement, the non-prevailing Party shall pay the reasonable attorneys’ fees and other costs and expenses (including expert witness fees) fees of the prevailing Party in such amount as the may be determinedcourt shall determine. In addition, such non-prevailing Party shall pay reasonable attorneys’ fees incurred by the prevailing Party in enforcing, or on appeal from, a judgment in favor of the prevailing Party. The preceding sentence is intended by the Parties to be severable from the other provisions of this Agreement and to survive and not be merged into such judgment.
Appears in 7 contracts
Samples: Share Settlement Agreement (Data443 Risk Mitigation, Inc.), Convertible Loan Agreement (Waterside Capital Corp), Employment Agreement (NuGene International, Inc.)
Recovery of Fees by Prevailing Party. In the event of any legal action (including arbitration) a lawsuit to enforce or interpret the provisions of this Agreement, the non-prevailing Party party shall pay the other party reasonable attorneys’ ' fees and other costs and expenses (including expert witness fees) of the prevailing Party fees in such amount as the may be determinedcourt shall determine. In addition, such non-prevailing Party party shall pay reasonable attorneys’ ' fees incurred by the prevailing Party party in enforcing, or on appeal from, a judgment in favor of the prevailing Partyparty. The preceding sentence is intended by the Parties parties hereto to be severable from the other provisions of this Agreement and to survive and not be merged into such judgment.
Appears in 6 contracts
Samples: Stock Purchase Agreement (Silk Botanicals Com Inc), Purchase Agreement (Casino Players, Inc.), Stock Purchase Agreement (Vertical Computer Systems Inc)
Recovery of Fees by Prevailing Party. In the event of any legal action (including arbitration) to enforce or interpret this Agreement, the non-prevailing Party shall pay the reasonable attorneys’ fees and other costs and expenses (including expert witness fees) of the prevailing Party in such amount as the may be determined. In addition, such non-prevailing Party shall pay reasonable attorneys’ fees incurred by the prevailing Party in enforcing, or on appeal from, a judgment in favor of the prevailing Party. The preceding sentence is intended by the Parties to be severable from the other provisions of this Agreement and to survive and not be merged into such judgment.
Appears in 4 contracts
Samples: Resignation and Release Agreement (American Battery Materials, Inc.), Director Stock Grant Agreement (American Battery Materials, Inc.), Resignation and Release Agreement (American Battery Materials, Inc.)
Recovery of Fees by Prevailing Party. In the event of any legal action (including arbitration) a lawsuit to enforce or interpret the provisions of this Agreement, the non-prevailing Party party shall pay the other party reasonable attorneys’ fees and other costs and expenses (including expert witness fees) of the prevailing Party fees in such amount as the may be determinedcourt shall determine. In addition, such non-prevailing Party party shall pay reasonable attorneys’ fees incurred by the prevailing Party party in enforcing, or on appeal from, a judgment in favor of the prevailing Partyparty. The preceding sentence is intended by the Parties parties hereto to be severable from the other provisions of this Agreement and to survive and not be merged into such judgment.
Appears in 2 contracts
Samples: Purchase Agreement (Invicta Group Inc), Purchase Agreement (Invicta Group Inc)
Recovery of Fees by Prevailing Party. In the event of any legal action (including arbitration) arbitration or litigation to enforce or interpret the provisions of this Agreement, the non-prevailing Party party shall pay the other party reasonable attorneys’ fees and other costs and expenses (including expert witness fees) of the prevailing Party in such amount as the may be determinedarbitrator or court shall determine. In addition, such non-prevailing Party party shall pay reasonable attorneys’ fees incurred by the prevailing Party party in enforcing, or on appeal from, a judgment in favor of the prevailing Partyparty. The preceding sentence is intended by the Parties parties hereto to be severable from the other provisions of this Agreement and to survive and not be merged into such judgment.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Rio Vista Energy Partners Lp), Agreement and Plan of Merger (Penn Octane Corp)
Recovery of Fees by Prevailing Party. In the event of any legal action (including arbitration) to enforce or interpret the provisions of this Agreement, the non-prevailing Party shall pay the reasonable attorneys’ fees and other costs fees, costs, and expenses (including expert witness fees) of the prevailing Party in such amount as the may be determinedcourt shall determine. In addition, such non-prevailing Party shall pay reasonable attorneys’ fees incurred by the prevailing Party in enforcing, or on appeal from, a judgment in favor of the prevailing Party. The preceding sentence is intended by the Parties to be severable from the other provisions of this Agreement and to survive and not be merged into such judgment.
Appears in 2 contracts
Samples: Restricted Stock Units Agreement (NuGene International, Inc.), Restricted Stock Units Agreement (NuGene International, Inc.)
Recovery of Fees by Prevailing Party. In the event of any legal action (including arbitration) arbitration or litigation to enforce or interpret the provisions of this Agreement, the non-prevailing Party party shall pay the other party its reasonable attorneys’ fees and other costs and expenses (including expert witness fees) of the prevailing Party in such amount as the may be determinedarbitrator or court shall determine. In addition, such non-prevailing Party party shall pay reasonable attorneys’ fees incurred by the prevailing Party party in enforcing, or on appeal from, a judgment in favor of the prevailing Partyparty. The preceding sentence is intended by the Parties parties hereto to be severable from the other provisions of this Agreement and to survive and not be merged into such judgment.
Appears in 2 contracts
Samples: Stock Purchase Agreement (Rio Vista Energy Partners Lp), Stock Purchase Agreement (Penn Octane Corp)
Recovery of Fees by Prevailing Party. In the event of any legal action (including arbitration) a ------------------------------------- lawsuit to enforce or interpret the provisions of this Agreement, the non-prevailing Party party shall pay the other party reasonable attorneys’ ' fees and other costs and expenses (including expert witness fees) of the prevailing Party fees in such amount as the may be determinedcourt shall determine. In addition, such non-prevailing Party party shall pay reasonable attorneys’ ' fees incurred by the prevailing Party party in enforcing, or on appeal from, a judgment in favor of the prevailing Partyparty. The preceding sentence is intended by the Parties parties hereto to be severable from the other provisions of this Agreement and to survive and not be merged into such judgment.
Appears in 2 contracts
Samples: Asset Purchase Agreement (Silk Botanicals Com Inc), Asset Purchase Agreement (Silk Botanicals Com Inc)
Recovery of Fees by Prevailing Party. In the event of any legal action (including arbitration) to enforce or interpret this Agreement, the non-prevailing Party shall pay the reasonable attorneys’ fees and other costs and expenses (including expert witness fees) of the prevailing Party in such amount as the may be determined. In addition, such non-prevailing Party shall pay reasonable attorneys’ fees incurred by the prevailing Party in enforcing, or on appeal from, a judgment in favor of the prevailing Party. The preceding sentence is intended by the Parties to be severable from the other provisions of this Agreement and to survive and not be merged into such judgment.
Appears in 1 contract
Samples: Security Agreement (LandStar, Inc.)
Recovery of Fees by Prevailing Party. In the event of any legal action (including arbitration) a lawsuit to enforce or interpret the provisions of this Agreement, the non-prevailing Party party shall pay the prevailing party reasonable attorneys’ fees and other costs and expenses (including expert witness fees) of the prevailing Party in such amount as the may be determinedcourt shall determine. In addition, such non-prevailing Party party shall pay reasonable attorneys’ fees incurred by the prevailing Party party in enforcing, or on appeal from, a judgment in favor of the prevailing Partyparty. The preceding sentence is intended by the Parties parties hereto to be severable from the other provisions of this Agreement and to survive and not be merged into such judgment.
Appears in 1 contract
Recovery of Fees by Prevailing Party. In the event of any legal action (including arbitration) to enforce or interpret this Agreement, the non-prevailing Party shall pay the reasonable attorneys’ fees and other costs and expenses (including expert witness fees) of the prevailing Party in such amount as the may be determineddetermined by a court of competent jurisdiction. In addition, such non-prevailing Party shall pay reasonable attorneys’ fees incurred by the prevailing Party in enforcing, or on appeal from, a judgment in favor of the prevailing Party. The preceding sentence is intended by the Parties to be severable from the other provisions of this Agreement and to survive and not be merged into such judgment.
Appears in 1 contract
Recovery of Fees by Prevailing Party. In the event of any legal action (including arbitration) to enforce or interpret the provisions of this Agreement, the non-prevailing Party shall pay the reasonable attorneys’ fees and other costs and expenses (including expert witness fees) fees of the prevailing Party in such amount as the may be determinedcourt shall determine. In addition, such non-prevailing Party shall pay reasonable attorneys’ fees incurred by the prevailing Party in enforcing, or on appeal from, a judgment in favor of the prevailing Party. The preceding sentence is intended by the Parties to be severable from the other provisions of this Agreement and to survive and not be merged into such judgment.
Appears in 1 contract
Samples: Confirmation and Continuation Agreement (NuGene International, Inc.)
Recovery of Fees by Prevailing Party. In the event of any legal action (including arbitration) to enforce or interpret the provisions of this Agreement, the non-prevailing Party shall pay the reasonable attorneys’ fees and other costs and expenses (including expert witness fees) fees of the prevailing Party in such amount as the may be determined. In addition, such non-prevailing Party court shall pay reasonable attorneys’ fees incurred by the prevailing Party in enforcing, or on appeal from, a judgment in favor of the prevailing Party. The preceding sentence is intended by the Parties to be severable from the other provisions of this Agreement and to survive and not be merged into such judgmentdetermine.
Appears in 1 contract
Samples: Exclusive License and Management Agreement (LandStar, Inc.)
