Reimbursement of Certain Costs. (a) If the Company or the Bank brings a cause of action to enforce the Restrictive Covenants or to recover damages caused by the Executive’s breach of the Restrictive Covenants, the substantially prevailing party in such action shall be entitled to reasonable costs and expenses (including, without limitation, reasonable attorneys’ fees, expert witness fees, and disbursements) in connection with such action.
Reimbursement of Certain Costs. (a) If, during the life of the Executive and for a five (5) year period following his/her death, the Company brings a cause of action to enforce the Restrictive Covenants or to recover damages caused by the Executive’s breach of the Restrictive Covenants, the substantially prevailing party in such action shall be entitled to reasonable costs and expenses (including, without limitation, reasonable attorneys’ fees, expert witness fees, and disbursements) in connection with such action.
Reimbursement of Certain Costs. If the Participant breaches or threatens to breach any of the Restrictive Covenants in this Appendix B and the Company initiates legal action against the Participant and substantially prevails against the Participant in such action by enforcing such Restrictive Covenants or obtaining damages for such breaches, the Company shall be entitled to payment or reimbursement from the Participant of the Company’s reasonable costs and expenses in connection with such action (including reasonable attorneys' fees and disbursements, litigation costs and investigative and expert witness fees and costs).
Reimbursement of Certain Costs. The General Partner shall be reimbursed promptly by the Partnership for all actual, reasonable, and necessary expenditures made from time to time on behalf of the Partnership in connection with the affairs of the Partnership, or the performance of the duties of the General Partner hereunder.
Reimbursement of Certain Costs. The Company shall reimburse the following costs as provided below:
Reimbursement of Certain Costs. (i) The obligations of Borrower hereunder with regard to Letters of Credit are absolute and unconditional under any and all circumstances and irrespective of any set-off, counterclaim or defense to payment which Borrower may have against any Person, including, without limitation, the beneficiary of such Letter of Credit and the L/C Issuer, and all sums payable by Borrower hereunder with respect to any such Letter of Credit, whether of principal, interest, fees, expenses or otherwise, shall be paid in full, without any deduction or withholding whatsoever. In the event that Borrower is compelled by applicable law to make any such deduction or withholding, then, unless prohibited by applicable law, they shall pay the L/C Issuer such additional amount as will result in the receipt by the L/C Issuer of a net sum equal to the sum it would have received if no such deduction or withholding had been required to be made.
Reimbursement of Certain Costs. A Party granted Surface Use Rights (the “Grantee”) by any other Party (“Grantor”) shall (a) reimburse Grantor for certain maintenance and third party costs attributable to Grantee’s exercise of such Surface Use Rights, including, Third Party consultants’ fees, experts’ fees, bonding costs and fees, permit fees, demolition and disposal expenses and fees, and governmental and regulatory taxes and fees and (b) pay for any costs incurred with respect to Grantee’s usage of services arising out of such Surface Use Rights, including actual power used or fluid disposal costs. If the Surface Use Rights to be granted are on surface acquired by Grantor after the Execution Date, Grantee shall, prior to delivery of the Easement, pay to Grantor fair market value of the surface that is associated with the Surface Use Rights to be granted to Grantee.
Reimbursement of Certain Costs. The City will promptly reimburse the Department for any portion of the Loan which is determined by the Department to have been expended for a cost which is not eligible for funding from the State Revolving Fund, which reimbursement will be made not more than 180 days after the discovery thereof by either the City or the Department. Such reimbursement shall be promptly paid to the Department upon written request of the Department with interest on the amount reimbursed at the rate borne by the Bond from the later of the date of the disbursement from which any such non-eligible item was paid or the last Interest Payment Date on which the City paid interest with respect to said amounts, and shall be applied in inverse order of maturity against the outstanding principal amount of the Bond.
Reimbursement of Certain Costs. Coal Party shall make available to Gas Party water at the Sources pursuant to an Approved Withdrawal Plan at no charge to Gas Party, except that Coal Party reserves the right to charge Gas Party (i) the cost of any new facilities (including driveways, stand pipes, taps, pumps, and treatment costs (but only to the extent such treatment costs are incurred as a result of Gas Party requiring additional water treatment above and beyond any water treatment performed by Coal Party pursuant to applicable permits), (ii) the cost of any improvements to any new or existing facilities, (iii) maintenance and operating costs related to any new or existing facilities, in each case, that are required to accommodate the Withdrawals included in such Approved Withdrawal Plan, and (iv) any Third Party consultants’ fees, experts’ fees, bonding costs and fees, permit fees, demolition and disposal expenses and fees, and all other applicable taxes, fees, and other reasonable Third Party expenses paid by Coal Party in connection with items (i), (ii), and (iii) above. Gas Party’s share of such costs shall be based on Gas Party’s proportionate use of such new or existing facilities through its Withdrawals.
Reimbursement of Certain Costs. If Gas Party or Coal Party exercises its Surface Use Rights described in Section 5.1, then such Party shall (a) reimburse the Party whose Surface Rights are impacted by such use for certain maintenance costs attributable to such Party’s exercise of such Surface Use Rights, including, Third Party consultants’ fees, experts’ fees, bonding costs and fees, permit fees, demolition and disposal expenses and fees, and governmental and regulatory taxes and fees and (b) pay for any costs incurred with respect to such Party’s usage of services arising out of such Party’s exercise of such Surface Use Rights. For the avoidance of doubt, all Surface Easements granted pursuant to a Surface Easement Request under Section 5.1(b) or Section 5.2(b) shall be granted free of charge, but shall be subject to the reimbursement and payment obligations set forth in the first sentence of this Section 5.3.
