Common use of Recovery of Litigation Costs Clause in Contracts

Recovery of Litigation 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 unsuccessful party shall pay to the successful party its reasonable attorneys’ fees and other costs incurred in that action or proceeding, in addition to any other relief to which the successful party may be entitled.

Appears in 10 contracts

Samples: Service Order Form, Software as a Service Agreement, Software as a Service Agreement

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Recovery of Litigation 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 unsuccessful successful or prevailing party or parties shall pay be entitled to the successful party its 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 the successful party 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 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 unsuccessful party Party shall pay to the successful party Party its reasonable attorneys’ and experts’ fees and other costs incurred in that action or proceeding, in addition to any other relief to which the successful party Party may be entitled.

Appears in 8 contracts

Samples: User Agreement, User Agreement, User Agreement

Recovery of Litigation Costs. If any legal action or other proceeding is brought for the enforcement of this Agreementagreement, or because of an alleged dispute, breach, default or misrepresentation in connection with any of the provisions of this Agreementagreement, the unsuccessful party shall pay to the successful party its reasonable attorneys’ and experts’ fees and other costs incurred in that action or proceeding, in addition to any other relief to which the successful party may be entitled.

Appears in 8 contracts

Samples: Seamless SPV Saas Agreement, User Agreement, Saas Agreement

Recovery of Litigation 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 unsuccessful party shall pay to the successful party its reasonable attorneys’ and experts’ fees and other costs incurred in that action or proceeding, in addition to any other relief to which the successful party may be entitled.

Appears in 6 contracts

Samples: Software as a Service Agreement, Software as a Service Subscription Agreement, Software as a Service Subscription Agreement

Recovery of Litigation Costs. If either Party brings an Action to enforce this Agreement or any legal action other Transaction Document or other proceeding is brought for the enforcement of this Agreement, or because on account of an alleged dispute, breach, default or misrepresentation in connection with any of the provisions of this AgreementAgreement or any other Transaction Document, the unsuccessful party successful or prevailing Party shall pay be entitled to the successful party its recover reasonable attorneys' fees and other costs incurred in that action or proceedingAction, in addition to any other relief to which the successful party it may be entitled.

Appears in 2 contracts

Samples: Stock Purchase Agreement (Salona Global Medical Device Corp), Asset Purchase Agreement (Salona Global Medical Device Corp)

Recovery of Litigation Costs. If any legal action or other proceeding is brought for the enforcement of this Agreement, or for copyright infringement or trade secret misappropriation, or because of an alleged dispute, breach, default or misrepresentation in connection with any of the provisions of this Agreement, the unsuccessful party shall pay to the successful party its reasonable attorneys' fees and other costs incurred in that action or proceeding, in addition to any other relief to which the successful party may be entitled.entitled.‌

Appears in 1 contract

Samples: Data Services and License Agreement

Recovery of Litigation Costs. If In the event that 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 unsuccessful party Party shall pay to the successful party its Party reasonable attorneys’ attorney’s fees and any other costs relevant cost incurred in that as a result of said action or proceeding, proceeding (in addition to any other relief to which the successful party Party may be entitled).

Appears in 1 contract

Samples: User Agreement

Recovery of Litigation Costs. If any legal action or other proceeding is brought for the enforcement of this Agreementagreement, or because of an alleged dispute, breach, default or misrepresentation in connection with any of the provisions of this Agreementagreement, the unsuccessful party shall pay to the successful party its reasonable attorneys’ fees and other costs incurred in that action or proceeding, in addition to any other relief to which the successful party may be entitled.

Appears in 1 contract

Samples: Software License Agreement

Recovery of Litigation 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 unsuccessful party shall pay to the successful party its reasonable attorneys' fees and other costs incurred in that action or proceeding, in addition to any other relief to which the successful party may be entitled.

Appears in 1 contract

Samples: Software as a Service Agreement

Recovery of Litigation Costs. If any legal action or other proceeding is brought for the enforcement of this Agreement, or because of an any alleged dispute, breach, default or misrepresentation in connection with any of the provisions of this Agreement, the unsuccessful party shall pay to the successful party its reasonable attorneys' fees and other costs incurred in that action or proceeding, in addition to any other relief to which the successful party may be entitled.

Appears in 1 contract

Samples: Software as a Service 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 alleged dispute, breach, default default, or misrepresentation in connection with any of the provisions of this Agreement, the unsuccessful party successful or prevailing Party shall pay be entitled to the successful party its recover reasonable attorneys' fees and other costs incurred in that action or proceeding, in addition to any other relief to which the successful party such Party may be entitled.

Appears in 1 contract

Samples: Asset Purchase Agreement (Dynatec International Inc)

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Recovery of Litigation 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 Agreementagreement, the unsuccessful party shall pay to the successful party its reasonable attorneys’ fees and other costs incurred in that action or proceeding, in addition to any other relief to which the successful party may be entitled.

Appears in 1 contract

Samples: Software License and Hosting Agreement

Recovery of Litigation 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 unsuccessful party Party shall pay to the successful party its reasonable attorneyssucces experts’ fees and other costs incurred in that action or proceeding, in addition to any t other relief to which the successful party Party may be entitled.

Appears in 1 contract

Samples: User Agreement

Recovery of Litigation Costs. If In the event either Party commences any legal action or other legal 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 unsuccessful party successful or prevailing Party shall pay be entitled to recover from the successful party its other Party reasonable attorneys’ and accountants’ fees and other costs incurred in that action or proceeding, in addition to any other relief to which the successful party it or they may be entitled.

Appears in 1 contract

Samples: Asset Purchase Agreement (Neonode, Inc)

Recovery of Litigation Costs. If any legal action or other proceeding is brought for the enforcement of this Agreementagreement, or because of an alleged dispute, breach, default or misrepresentation in connection with any of the provisions of this Agreementagreement, the unsuccessful party shall pay to the successful party its reasonable attorneys’ and experts’ fees and other costs incurred in that action or proceeding, in addition to any other relief to which the successful party may be entitled.other

Appears in 1 contract

Samples: Software as a Service Agreement

Recovery of Litigation Costs. If any legal action or other proceeding proceeding, including, without limitation, any arbitration, 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, except as explicitly provided in Section 10(e), the unsuccessful party shall pay to the successful party its reasonable attorneys’ fees and other costs incurred in that action or proceeding, in addition to any other relief to which the successful party may be entitled.

Appears in 1 contract

Samples: Software as a Service Agreement

Recovery of Litigation Costs. If any legal action or other proceeding is brought 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 Agreementagreement, the unsuccessful successful or prevailing party shall pay be entitled to the successful party its recover reasonable attorneys’ attorney's fees and other costs incurred in that action or proceeding, proceeding in addition to any other relief to which the successful said party may be entitled.

Appears in 1 contract

Samples: Annuity Agreement for Purchase and Sale of Common Stock (Thacker James F)

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 of an alleged dispute, breach, breach of default or misrepresentation in connection with any of the provisions of this Agreement, the unsuccessful successful or prevailing party shall pay be entitled to recover from the successful other party its reasonable attorneys’ attorney fees and other costs incurred in that such action or proceeding, in addition to any other relief to which the successful such party may be entitled.

Appears in 1 contract

Samples: Executive Employment Agreement (Internet Communications Corp)

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