Xxxxxxxx Fees. In the event it is necessary for either party to bring any action to enforce any of the terms of this Agreement, it is agreed that the prevailing party will be entitled to its attorneys’ fees and costs.
Xxxxxxxx Fees. In the event an action or suit 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 shall be entitled to recover it legal costs, including reasonable attorneys’ fees, to be fixed by the trial court and/or appellate court.
Xxxxxxxx Fees. In the event of any suit or action or arbitration proceeding to enforce or interpret any provision of this Agreement (or which is based on this Agreement), the prevailing party will be entitled to recover, in addition to other costs, reasonable attorney fees in connection with such suit, action, or arbitration, and in any appeal. The determination of who is the prevailing party and the amount of reasonable attorney fees to be paid to the prevailing party will be decided by the arbitrator or arbitrators (with respect to attorney fees incurred prior to and during the arbitration proceedings) and by the court or courts, including any appellate courts, in which the matter is tried, heard, or decided, including the court which hears any exceptions made to an arbitration award submitted to it for confirmation as a judgment (with respect to attorney fees incurred in such confirmation proceedings).
Xxxxxxxx Fees. If any of the parties obtains a judgment or arbitration award against any other party by reason of the breach of this Agreement or the failure to comply with the terms hereof, reasonable attorneys’ fees and costs as fixed by the court or arbitrator shall be included in such judgment.
Xxxxxxxx Fees. The prevailing party in any action by Lender to collect any amounts due under this Note will be entitled to recover its reasonable attorney fees and costs.
Xxxxxxxx Fees. If any legal action is brought by either the Purchaser or Evolve for the enforcement of the terms and conditions of this Agreement, it is expressly agreed that the party that prevails shall be entitled to recover from the other Party reasonable attorney fees in addition to any other relief which may be awarded.
Xxxxxxxx Fees. In the event either party hereto brings an action or proceeding, including any counterclaim, cross-claim, or third party claim, against the other party arising out of this Agreement, each party in such action or proceeding, including appeals therefrom, shall be responsible for its own attorney fees.
Xxxxxxxx Fees. In the event of any legal action to enforce this Agreement, the prevailing party shall be entitled to recover its attorneys’ fees and costs, in addition to any other legal and equitable relief granted.
Xxxxxxxx Fees. If either party brings action for relief against the other, declaratory or otherwise, arising out of this Lease, including any suit by Landlord for the recovery of Rent or possession of the Premises, the non-prevailing party shall pay the prevailing party its reasonable costs, fees and expenses incurred in connection with and in preparation for said action, including its reasonable attorneys' fees. "Prevailing party" shall be the party whose position is substantially upheld in the final judgment rendered in such action. Where neither party achieves a complete victory on all claims, it is within the discretion of the trial court to determine which party, if either, "prevailed" for the purpose of awarding attorneys' fees.
Xxxxxxxx Fees. 4.1. In consideration of the provision of the Services by MMT Digital, The Client shall pay the Service Fees, which shall specify whether they shall be on a time and materials basis, a fixed price basis or a combination of both. Clause 4.2 shall apply if MMT Digital provides Services on a time and materials basis, and clause 4.3 shall apply if MMT Digital provides Services for a fixed price. The remainder of this clause 4 shall apply in either case.
