Common use of Remedies at Law or in Equity Clause in Contracts

Remedies at Law or in Equity. If any party hereto shall default in any of its obligations under this Agreement or if any representation or warranty made by or on behalf of it in this Agreement or in any certificate, report or other instrument delivered by it under or pursuant to any term hereof shall be untrue or misleading in any material respect as of the date of this Agreement or as of the Closing Date or as of the date it was made, furnished or delivered, any other party may proceed to protect and enforce its rights by suit in equity or action at law, whether for the specific performance of any term contained in this Agreement, injunction against the breach of any such term or in furtherance of the exercise of any power granted in this Agreement, or to enforce any other legal or equitable right of such party or to take any one of more of such actions. In the event any party brings such an action against another, the prevailing party in such dispute, as determined by a final non-appealable order, shall be entitled to recover from the losing party all fees, costs and expenses enforcing any right of such prevailing party under or with respect to this Agreement, including without limitation such reasonable fees and expenses of attorneys and accountants, which shall include, without limitation, all fees, costs and expenses of appeals.

Remedies at Law or in Equity. If any party hereto shall default in any of its respective obligations under this Agreement following ten (10) business days' notice thereof and such default shall be continuing or if any representation or warranty of the respective parties made by or on behalf of it in this Agreement agreement or in any certificate, report or other instrument delivered by it under or pursuant to any term hereof shall be untrue or misleading when taken as a whole in any material respect as of the date of this Agreement or as of the Closing Date or as of the date it was made, furnished or delivered, any the other party may proceed to protect and enforce its rights by suit in equity or action at law, whether for the specific performance of any term contained in this Agreement, Agreement or for an injunction against the breach of any such term or in furtherance of the exercise of any power granted in this Agreement, or to enforce any other legal or equitable right of such party or to take any one of or more of such actions, but only as to matters which have not been waived or consented to by the other parties in accordance with Section 8(d). In the event any the non-breaching party brings such an action against anotherthe breaching party, the prevailing party in such dispute, as determined by a final non-appealable order, dispute shall be entitled to recover from the losing other party all fees, costs and expenses of enforcing any right of such prevailing party under or with respect to this Agreement, including without limitation such reasonable fees and expenses of attorneys and accountants, which shall include, without limitation, all fees, costs and expenses of appeals.