Xxxxx Costs. The parties shall each bear their own legal costs in relation to the preparation, negotiation and enforcement of this Agreement.
Xxxxx Costs. Political Subdivision shall pay a prorated amount for the costs to coordinate, label and print the XXXXX notice, and for the mailing of such notice. Such proration to be based, in part, on addresses where one or more active registered electors of Political Subdivision reside.
Xxxxx Costs. The City shall pay a prorated amount for the costs to coordinate, label and print the XXXXX notice, and for the mailing of such notice. Such proration to be based, in part, on addresses where one or more active registered electors of the City resides.
Xxxxx Costs. Xxxxx Costs" are hereby defined as the purchase ----------- price of thirteen million five hundred thousand ($13,500,000) dollars paid by Xxxxx for the Lehigh Property plus or minus the closing adjustments (such as tax prorations, transfer taxes, utility prorations and like adjustments) paid or received by Xxxxx in connection with such acquisition, plus the other costs incurred by Xxxxx on or after December 9, 1994 in connection with such acquisition and development of the LLC Property, all as listed on attached Exhibit F.
Xxxxx Costs. In the event any action be instituted by a party to enforce this Agreement, the prevailing party in such action (as determined by the court, agency or other authority before which such suit or proceeding is commenced), shall be entitled to such reasonable attorneys' fees, costs and expenses as may be fixed by the decision maker. The foregoing includes, but is not limited to, reasonable attorneys' fees, expenses and costs of investigation incurred in (1) appellate proceedings; (2) in any post-judgment proceedings to collect or enforce the judgment; (3) establishing the right to indemnification; and (4) any action or participation in, or in connection with, any case or proceeding under Chapter 7, 11 or 13 of the Bankruptcy Code (11 United States Code Sections 101 et seq.), or any successor statutes. This provision is separate and several and shall survive the consummation of the transaction contemplated by Agreement or the earlier termination of this Agreement.
Xxxxx Costs. Entity shall pay a prorated amount for the costs to coordinate, label and print the XXXXX notice, and for the mailing of such notice. Such proration to be based, in part, on addresses where one or more active registered electors of Entity reside.
Xxxxx Costs. If any party to this Agreement shall take any action to enforce this Agreement or bring any action or commence any proceeding for any relief against any other party, declaratory or otherwise, arising out of this Agreement, the losing party shall pay to the prevailing party a reasonable sum for attorneys’ and experts’ fees and costs incurred in bringing such suit or arbitration and/or enforcing any judgment granted therein, all of which shall be deemed to have accrued upon the commencement of such action or proceeding and shall be paid whether or not such action or arbitration is prosecuted to judgment. Any judgment or order entered in such action or arbitration shall contain a specific provision providing for the recovery of attorneys’ and experts’ fees and costs incurred in enforcing such judgment. All fees and costs to be paid under this Section shall be determined by a court of competent jurisdiction and not by a jury. For purposes of this Section, attorneys’ and experts’ fees and costs shall include, without limitation, fees and costs incurred in the following: (a) post-judgment motions; (b) contempt proceedings; (c) garnishment, xxxx, and debtor and third-party examinations; (d) discovery; (e) bankruptcy litigation; and (f) appeals.
Xxxxx Costs. In the event that the Executive institutes any legal action to enforce his rights, or to recover damages for breach of the Company’s obligations, under this Agreement and this Section 6, the Executive in such an action shall be entitled to recover from the Company all costs and expenses (including, without limitation, attorneys’ fees and disbursements) incurred by him if he prevails in any such action or if any such action is settled in his favor.
Xxxxx Costs. 1The Developer covenants with the Council to pay to the Council prior to the completion of this Deed the Council’s reasonable legal costs and disbursements incurred in connection with this Deed.
Xxxxx Costs. If any litigation is commenced between the parties to this Agreement that arises out of, relates to, or is connected with the enforcement, interpretation, or the rights and duties of any party under this Agreement, the prevailing party shall be entitled to, in addition to any other relief that may be granted in the litigation, reasonable attorneys' fees and costs, including expert and consultant fees, as determined by the court presiding over the dispute.
