Recovery of Litigation Costs. If any legal action or any arbitration 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 or parties shall be entitled to recover as an element of their damages, reasonable attorneys' fees and other costs incurred in that action or proceeding, in addition to any other relief to which they may be entitled.
Appears in 62 contracts
Samples: Stock Option Agreement (Tribal Rides International Corp.), Stock Option Agreement (Xsunx Inc), Stock Option Agreement (Xsunx Inc)
Recovery of Litigation Costs. If any legal action or any arbitration 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 or parties shall be entitled to recover as an element of their damages, reasonable attorneys' fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.
Appears in 9 contracts
Samples: Films Catalog Purchase Agreement, Asset Purchase Agreement (Healthdesk Corp), Asset Purchase Agreement (Virtualfund Com Inc)
Recovery of Litigation Costs. If any legal action or any arbitration 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 or parties shall be entitled to recover as an element of their damages, reasonable attorneys' fees and other costs incurred in that action or proceeding, in addition to any other relief to which they may be entitled.
Appears in 8 contracts
Samples: Employment Agreement (Xsunx Inc), Employment Agreement (Xsunx Inc), Employment Agreement (Xsunx Inc)
Recovery of Litigation Costs. If any legal action or any arbitration or other proceeding preceding 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 or parties shall be entitled to recover as an element of their damages, reasonable attorneys' fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.
Appears in 5 contracts
Samples: Asset Purchase Agreement (Proxymed Inc /Ft Lauderdale/), Asset Purchase Agreement (Proxymed Inc /Ft Lauderdale/), Asset Purchase Agreement (Proxymed Inc /Ft Lauderdale/)
Recovery of Litigation Costs. If any legal action or any action, arbitration or other proceeding is brought for the enforcement of this Agreementagreement, or because of an alleged dispute, breach, default default, or misrepresentation in connection with any of the provisions of this Agreementagreement, the successful or prevailing party or parties shall be entitled to recover as an element of their damages, reasonable attorneys' ’ fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.
Appears in 4 contracts
Samples: Purchase and Sale Agreement (SP Holding CORP), Purchase and Sale Agreement (Organic to Go Food CORP), Purchase and Sale Agreement (Organic to Go Food CORP)
Recovery of Litigation Costs. If any legal action or any arbitration 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 provision of this Agreement, the successful or prevailing party or parties shall be entitled to recover as an element of their damages, reasonable attorneys' fees and other costs incurred in that action or proceeding, in addition to any other relief to which they it may be entitled.
Appears in 3 contracts
Samples: Asset Purchase, License, and Distribution Agreement (Applied Imaging Corp), Asset Purchase, License, and Distribution Agreement (Vysis Inc), Asset Purchase Agreement (Astris Energi Inc)
Recovery of Litigation Costs. If any legal action or any arbitration or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default default, or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover as an element of their damages, reasonable attorneys' fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.
Appears in 3 contracts
Samples: Purchase and Sale Agreement (Surge Global Energy, Inc.), Asset Purchase Agreement (Streamlogic Corp), Purchase and Sale Agreement (Colmena Corp)
Recovery of Litigation Costs. If Except as otherwise provided elsewhere in this Agreement, if any legal action or any arbitration or other proceeding is brought for the enforcement of this Agreement, Agreement or because by reason of an alleged dispute, breach, default or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover as an element of their damages, reasonable attorneys' fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.
Appears in 3 contracts
Samples: Purchase and Sale of Stock Agreement (Lason Inc), Purchase and Sale of Stock Agreement (Lason Inc), Asset Purchase Agreement (Lason Inc)
Recovery of Litigation Costs. If Except as otherwise expressly provided in this Agreement, if any legal action or any arbitration or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default default, or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover as an element of their damages, reasonable attorneys' fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.
Appears in 2 contracts
Samples: Asset Purchase Agreement (Ski LTD), Asset Purchase Agreement (Fibreboard Corp /De)
Recovery of Litigation Costs. If any legal or equitable action or any arbitration or ----------------------------- other proceeding is brought commenced for the enforcement or interpretation of this Agreement, or because of an alleged dispute, breach, default or misrepresentation in connection with regarding any of the provisions of this Agreement, the successful or prevailing party in such action or parties proceeding shall be entitled to recover as an element of their damages, reasonable attorneys' fees and other all costs incurred in that such action or proceeding, in addition to any other relief to which they such party may be entitled.
Appears in 2 contracts
Samples: Business Consultant Agreement (Technology Connections Inc), Business Consultant Agreement (Technology Connections Inc)
Recovery of Litigation Costs. If any legal action or any arbitration or other proceeding is brought for the enforcement of this Agreement, Agreement or because by reason of an alleged dispute, breach, default or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party or parties as determined by the judge or arbitrator presiding over such legal action or arbitration shall be entitled to recover as an element of their damages, reasonable attorneys' fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.
Appears in 2 contracts
Samples: Purchase and Sale Agreement (Lason Inc), Purchase and Sale of Stock (Lason Inc)
Recovery of Litigation Costs. If any legal action or any arbitration or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default default, or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover as an element of their damages, reasonable attorneys' fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.
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Recovery of Litigation Costs. If In any legal action or any action, arbitration or other alternate dispute resolution proceeding is brought for the enforcement of based upon or concerning this Agreement, or because of an alleged dispute, breach, default or misrepresentation in connection with any of the provisions of this Agreementagreement, the successful or prevailing party or parties shall be entitled to recover as an element of their damages, reasonable attorneys' its actual attorney fees and other costs incurred in that action or proceeding, in addition to any all other relief to which they may be it is entitled, regardless of whether the proceeding is concluded by settlement, award or judgment.
Appears in 1 contract
Recovery of Litigation Costs. If Subject to Section 12.4(h)(ii), if any legal action or any arbitration 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 or parties shall be entitled to recover as an element of their damages, reasonable attorneys' fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.
Appears in 1 contract
Samples: Stock Purchase Agreement (Proxymed Inc /Ft Lauderdale/)
Recovery of Litigation Costs. If any legal action or any arbitration or other proceeding preceding is brought for the enforcement of this the Agreement, or because of an alleged dispute, breach, default or misrepresentation in connection with any of the provisions of this the Agreement, the successful or prevailing party or parties shall be entitled to recover as an element of their damages, reasonable attorneys' fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.
Appears in 1 contract
Recovery of Litigation Costs. If any legal action or any arbitration or other proceeding is brought for the enforcement of this AgreementAgreement or Purchase Order, or because of an alleged dispute, breach, default or misrepresentation in connection with any of the provisions of this Agreementagreement or Purchase Order, the successful or prevailing party or parties shall be entitled to recover as an element of their damages, reasonable attorneys' ’ fees and costs, expert witness fees and costs and other costs incurred in that action or proceeding, proceeding in addition to any other relief to which it or they may be entitled.
Appears in 1 contract
Samples: Rental Agreement
Recovery of Litigation Costs. If any legal action or any arbitration or other proceeding is brought for the enforcement of this Agreement, or because of an all alleged dispute, breach, default default, or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover as an element of their damages, reasonable attorneys' fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.
Appears in 1 contract
Recovery of Litigation Costs. If any legal action or any arbitration or other proceeding preceding is brought for the enforcement of this the Agreement, or because of an alleged dispute, breach, default or misrepresentation in connection with any of the provisions of this the Agreement, the successful or prevailing party or parties respective Parties shall be entitled to recover as an element of bear their damages, reasonable attorneys' fees own costs and other costs incurred in that action or proceeding, in addition to any other relief to which they may be entitledexpenses.
Appears in 1 contract
Samples: Stock Purchase Agreement (Proxymed Inc /Ft Lauderdale/)
Recovery of Litigation Costs. If any legal or equitable action or any arbitration or other proceeding is brought commenced for the enforcement or interpretation of this Agreement, or because of an alleged dispute, breach, default or misrepresentation in connection with regarding any of the provisions of this Agreement, the successful or prevailing party in such action or parties proceeding shall be entitled to recover as an element of their damages, reasonable attorneys' fees and other all costs incurred in that such action or proceeding, in addition to any other relief to which they such party may be entitled.
Appears in 1 contract
Recovery of Litigation Costs. If any legal action or any arbitration or other proceeding is brought by any party against any other party(ies) for the enforcement of this Agreement, 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 or parties shall be entitled to recover as an element of their damages, from the such other party(ies) reasonable attorneys' legal fees and other costs it has incurred in that action or proceeding, or on any appeal in addition to any other relief to which they it may be entitled.
Appears in 1 contract
Recovery of Litigation Costs. If any legal action or any arbitration or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default default, or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover as an element of their damages, reasonable attorneys' fees and other costs incurred in that action or proceedingtherein, in addition to any other equitable or legal relief to which it or they may be entitled.
Appears in 1 contract
Samples: Asset Purchase Agreement (Electronic Clearing House Inc)
Recovery of Litigation Costs. If any legal or equitable action or any arbitration or other proceeding is brought for the enforcement or interpretation of this Agreement, 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 in such action or parties proceeding shall be entitled to recover as an element of their damages, reasonable attorneys' fees and other costs incurred in that such action or proceeding, proceeding in addition to any other relief to which they such party may be entitled.
Appears in 1 contract
Samples: Professional Services
Recovery of Litigation Costs. If any legal action or any arbitration or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default default, or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party or parties shall will be entitled to recover as an element of their damages, reasonable attorneys' attorney fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.. MERGER AGREEMENT AND PLAN OF REORGANIZATION
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Recovery of Litigation Costs. If any legal action action, or any arbitration or other proceeding proceeding, is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default default, or misrepresentation in connection with any of the provisions of this Agreement, or otherwise arising under this Agreement, the successful or prevailing party or parties shall be entitled to recover as an element of their damages, reasonable attorneys' fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.
Appears in 1 contract
Samples: Stock Purchase Agreement (United Natural Foods Inc)