Waiver of Jury Trial; Attorney Fees. Each party hereby irrevocably waives any right it may have, and agrees not to request, a jury trial for the adjudication of any dispute hereunder or in connection herewith or arising out of this Agreement or any transaction contemplated hereby. In the event suit or action (including arbitration) is brought by any party under this Agreement to enforce any of its terms, or in any appeal therefrom, it is agreed that the prevailing party or parties will be entitled to reasonable attorneys fees to be fixed by the arbitrator, trial court and/or appellate court.
Appears in 2 contracts
Samples: Management Advisory Services Agreement (Catcher Holdings, Inc), Advisory Services Agreement (Microhelix Inc)
Waiver of Jury Trial; Attorney Fees. Each party hereby irrevocably waives any right it may have, and agrees not to request, a jury trial for the adjudication of any dispute hereunder or in connection herewith or arising out of this Agreement or any transaction contemplated hereby. In the event suit or action (including arbitration) is brought by any party under this Agreement to enforce any of its terms, or in any appeal therefrom, it is agreed that the prevailing party or parties will be entitled to reasonable attorneys fees to be fixed by the arbitrator, trial court court, and/or appellate court.
Appears in 2 contracts
Samples: Stock Purchase Agreement (Microhelix Inc), Preferred Stock Purchase Agreement (Microhelix Inc)
Waiver of Jury Trial; Attorney Fees. Each party hereby irrevocably waives any right it may have, and agrees not to request, a jury trial for the adjudication of any dispute hereunder or in connection herewith or arising out of this Agreement or any transaction contemplated hereby. In the event suit or action (including arbitration) is brought by any party under this Agreement to enforce any of its terms, or in any appeal therefrom, it is agreed that each party shall bear its respective fees and expenses. The parties shall split equally the prevailing party or parties will be entitled to reasonable attorneys fees to be fixed by cost of the arbitrator, trial court and/or appellate court.
Appears in 1 contract
Samples: Advisory Services Agreement (Capital Growth Systems Inc /Fl/)