Attorneys’ Fees. If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorney’s fees and all other costs of such action.
Appears in 62 contracts
Samples: Project 050922 Maintenance Services Agreement, Viejo Professional Services Agreement, Contract
Attorneys’ Fees. If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorney’s attorneys’ fees and all other costs of such action.
Appears in 29 contracts
Samples: City of Coachella, Seneca Healthcare District Agreement, City of Arroyo Grande Professional Services Agreement
Attorneys’ Fees. If either party Party commences an action against the other partyParty, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorney’s fees and all other costs of such action.
Appears in 28 contracts
Samples: Reimbursement Agreement, Coachella Professional Services Agreement, Coachella Professional Services Agreement
Attorneys’ Fees. If either party commences an is required to commence any proceeding or legal action against the other partyto enforce or interpret any term, either legal, administrative covenant or otherwise, arising out condition of or in connection with this Agreement, the prevailing party in such litigation proceeding or action shall be entitled to have and recover from the losing other party its reasonable attorney’s 's fees and all other costs of such actionlegal expenses.
Appears in 26 contracts
Samples: Grant Agreement, Consultant Services Agreement, Consultant Service Agreement
Attorneys’ Fees. If either any party commences brings an action against the other party, either legal, administrative or otherwise, arising out another party to enforce any provision of or in connection with this Agreement, the prevailing party in such litigation action shall be entitled to have and recover from the losing party reasonable its court costs, attorney’s fees and all other costs of expenses in the judgment rendered through such action.
Appears in 22 contracts
Samples: Hotel Management Agreement (Condor Hospitality Trust, Inc.), Hotel Management Agreement (Condor Hospitality Trust, Inc.), Hotel Management Agreement (Condor Hospitality Trust, Inc.)
Attorneys’ Fees. If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable reason- able attorney’s 's fees and all other costs of such action.
Appears in 21 contracts
Samples: Professional Services Agreement, Professional Services Agreement, Professional Services Agreement
Attorneys’ Fees. If either party commences an action against the other party, either legal, administrative or otherwise, party arising out of or in connection with this AgreementAmendment, the prevailing party in such litigation shall be entitled to have and recover from the losing party non-prevailing party, reasonable attorney’s fees and all other costs of such actionsuit.
Appears in 21 contracts
Samples: Lease (Personalis, Inc.), Lease (Palo Alto Networks Inc), Lease (Threshold Pharmaceuticals Inc)
Attorneys’ Fees. If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorney’s 's fees and all other costs of such action.
Appears in 21 contracts
Samples: Professional Services Agreement, Services Agreement, Agreement
Attorneys’ Fees. If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorney’s attorneys’ fees and all other costs of such action.
Appears in 19 contracts
Samples: Professional Services Agreement, Professional Services Agreement, Professional Services Agreement
Attorneys’ Fees. If either party commences an action against the other party, either legal, administrative or otherwise, party arising out of or in connection with this AgreementWork Letter, then the substantially prevailing party in such litigation shall be entitled to have and recover from the losing other party reasonable attorney’s fees attorneys’ fees, charges and all other disbursements and costs of such actionsuit.
Appears in 18 contracts
Samples: Sublease Agreement (Natera, Inc.), Lease (aTYR PHARMA INC), Lease (Natera, Inc.)
Attorneys’ Fees. If either party commences an action against the other party, either legal, administrative or otherwise, party arising out of or in connection with this AgreementAmendment, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorney’s 's fees and all other costs of such actionsuit.
Appears in 17 contracts
Samples: Lease (Digital Island Inc), Lease (Macromedia Inc), Lease (Juniper Networks Inc)
Attorneys’ Fees. If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorney’s attorneys’ fees and all other costs of such action.
Appears in 17 contracts
Samples: Professional Services Agreement, Professional Services Agreement, Professional Services Agreement
Attorneys’ Fees. If either party Party commences an action against the other partyParty, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party Party in such litigation shall be entitled to have and recover from the losing party Party reasonable attorney’s fees and all other costs of such action.
Appears in 16 contracts
Samples: Independent Contractor Services Agreement, Independent Contractor Services Agreement, Independent Contractor Services Agreement
Attorneys’ Fees. If either party commences an any legal action against the other partyor proceeding to enforce, either legal, administrative interpret or otherwise, arising out of or in connection with construe this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing other party reasonable attorney’s attorneys' fees and all other costs of such actioncourt costs, as determined by the court. "Legal action or proceeding" includes a declaratory relief action and any bankruptcy or insolvency proceedings.
Appears in 16 contracts
Samples: San Diego Community College District Consultant Agreement, San Diego Community College District Consultant Agreement, Community College District Consultant Agreement
Attorneys’ Fees. If either party commences an action against the other party, either legal, administrative or otherwise, party arising out of or in connection with this AgreementLease, then the substantially prevailing party in such litigation shall be entitled to have and recover from the losing other party reasonable attorney’s fees attorneys’ fees, charges and all other disbursements and costs of such actionsuit.
Appears in 13 contracts
Samples: Lease (NanoString Technologies Inc), Lease (NanoString Technologies Inc), Lease (Receptos, Inc.)
Attorneys’ Fees. If either party commences an action against the other party, either legal, administrative or otherwise, party arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorney’s attorneys’ fees and all other costs of such actionsuit.
Appears in 11 contracts
Samples: Tumf Reimbursement Agreement, Tumf Agreement, Reimbursement Agreement
Attorneys’ Fees. If either any party commences shall bring an action in law or equity against another to enforce or interpret any of the other partyterms, either legal, administrative or otherwise, arising out covenants and provisions of or in connection with this Agreement, the prevailing party in such litigation action shall be entitled to have and recover from the losing other party reasonable attorney’s attorneys’ fees and all other costs of such actioncosts.
Appears in 11 contracts
Samples: Restricted Stock Award Agreement (Cortex Pharmaceuticals Inc/De/), Restricted Stock Purchase Agreement (Ista Pharmaceuticals Inc), Stock Option Agreement (Intralase Corp)
Attorneys’ Fees. If either party Party commences an action against the other partyParty, either legal, administrative administrative, or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorney’s fees and all other costs of such action.
Appears in 10 contracts
Samples: Professional Services Agreement, Professional Services Agreement, Western Riverside
Attorneys’ Fees. If either party Party commences an action against the other partyto enforce any obligation contained herein, either legal, administrative or otherwise, arising out of or in connection with this Agreementto interpret any provision hereof, the prevailing party in such litigation shall be entitled to have and recover from the losing party other Party reasonable attorney’s fees counsel fees, costs and all other costs of such necessary disbursements, as determined by the court having jurisdiction over the action.
Appears in 10 contracts
Samples: Real Estate Purchase and Sale Agreement, Lease Agreement, Sublease Agreement Rajesh Sharma
Attorneys’ Fees. If either party commences an action against the other party, either legal, administrative or otherwise, party arising out of or in connection with this AgreementLease, then the prevailing party in such litigation shall be entitled to have and recover from the losing non-prevailing party reasonable attorney’s fees attorneys’ fees, charges and all other disbursements and costs of such actionsuit.
Appears in 10 contracts
Samples: Lease (Zosano Pharma Corp), Sublease Agreement (Atara Biotherapeutics, Inc.), Lease (CareDx, Inc.)
Attorneys’ Fees. If either party commences an action prevails against the other party, either legal, administrative or otherwise, arising out in a legal action concerning any part of or in connection with this Agreement, the prevailing successful party in such litigation shall be entitled to have and recover from the losing party its reasonable attorney’s fees and costs connected with such action, through appellate and bankruptcy proceedings, in addition to all other recovery or relief. Costs shall include all deposition costs of such actionand expert fees, even if not used at trial.
Appears in 9 contracts
Samples: Purchase and Sale Agreement (LiquidValue Development Inc.), Purchase and Sale Agreement (Alset Inc.), Purchase and Sale Agreement (HF Enterprises Inc.)
Attorneys’ Fees. If either party Party commences an action against the other partyParty, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorney’s attorneys’ fees and all other costs of such action.
Appears in 8 contracts
Samples: Professional Services Agreement, Professional Services Agreement, Professional Services Agreement
Attorneys’ Fees. If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorney’s 's fees and all other costs of such actionactions.
Appears in 8 contracts
Samples: Consulting, Services, and Non, www.rctc.org, Agreement for Agreement
Attorneys’ Fees. If either party commences an action against the other party, either legal, administrative or otherwise, party arising out of or in connection with this AgreementAmendment, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorney’s fees and all other costs of such actionsuit.
Appears in 7 contracts
Samples: Lease (Juniper Networks Inc), Lease (Juniper Networks Inc), Lease (Juniper Networks Inc)
Attorneys’ Fees. If In the event that any action, suit, or other legal or administrative proceeding is instituted or commenced by either party commences an action Party hereto against the other party, either legal, administrative or otherwise, Party arising out of or in connection with related to this Agreement, the prevailing party in such litigation Party shall be entitled to have recover its reasonable attorneys’ fees and recover court costs from the losing party reasonable attorney’s fees and all other costs of such actionnon-prevailing Party.
Appears in 7 contracts
Samples: Saas Agreement, Patent License Agreement (AIkido Pharma Inc.), Patent License Agreement (AIkido Pharma Inc.)
Attorneys’ Fees. If either party commences an action at law or in equity, arbitration or other proceeding against the other party, either legal, administrative party to enforce or otherwise, arising out of or in connection with interpret this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorney’s attorneys’ fees and all other costs of such actionproceeding, in addition to any other amounts which may be awarded.
Appears in 6 contracts
Samples: Agreement for the Purchase And, Agreement for the Purchase And, Agreement for the Delivery and Use of Recycled Water
Attorneys’ Fees. If either party commences an action against the Party initiates any litigation or other party, either legal, administrative legal proceeding to interpret or otherwise, arising out enforce any provision of or in connection with this Agreement, then the prevailing party Party in such litigation or proceeding shall be entitled to have recover its reasonable attorneys’ fees and recover other legal expenses from the losing party reasonable attorney’s fees and all non-prevailing Party, in addition to any other costs of such actiondamages or remedies to which the prevailing Party is entitled.
Appears in 6 contracts
Samples: Assignment and Assumption Agreement, Owner Participation Agreement, Disposition and Development Agreement
Attorneys’ Fees. If either party commences an any Party hereto initiates any legal or equitable action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation action shall be entitled to have and recover from the losing other party all reasonable attorney’s attorneys’ fees, expert witness fees and all other costs of such actionexpenses incurred by the prevailing party in connection therewith.
Appears in 6 contracts
Samples: Share Purchase Agreement (Pinecrest Investment Group Inc), Share Purchase Agreement (Pinecrest Investment Group Inc), Securities Purchase Agreement (Strata Capital Corp)
Attorneys’ Fees. If either any party commences shall bring an action in law or equity against another to enforce or interpret any of the other partyterms, either legal, administrative or otherwise, arising out covenants and provisions of or in connection with this Agreement, the prevailing party in such litigation action shall be entitled to have and recover from the losing other party reasonable attorney’s attorneys’ fees and all other costs of such actionany expert witness fees.
Appears in 6 contracts
Samples: Stock Option Agreement (Dyntek Inc), Nonqualified Stock Option Agreement (Dyntek Inc), Incentive Stock Option Agreement (Newport Corp)
Attorneys’ Fees. If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this AgreementContract, the prevailing party in such litigation action shall be entitled to have and recover from the losing party reasonable attorney’s attorneys' fees and all other costs of such action.
Appears in 6 contracts
Samples: Contract Agreement, Contract Agreement, Contract Agreement
Attorneys’ Fees. If In the event that any action, suit, or other legal or administrative proceeding is instituted or commenced by either party commences an action Party hereto against the other party, either legal, administrative or otherwise, Party arising out of or in connection with related to this Agreement, the prevailing party in such litigation Party shall be entitled to have recover its reasonable attorneys' fees and recover court costs from the losing party reasonable attorney’s fees and all other costs of such actionnon-prevailing Party.
Appears in 6 contracts
Samples: General Partnership Agreement, License Agreement (Emmaus Life Sciences, Inc.), Sales License Agreement (Valens Company, Inc.)
Attorneys’ Fees. If either party commences an any legal action is taken by a Party against the other party, either legal, administrative or otherwise, arising out of or in connection with another Party to enforce this Agreement, the prevailing party in such litigation Party shall be entitled to have recover its reasonable attorneys’ fees and recover expenses from the losing party reasonable attorney’s fees and all other costs of such actionParty, in addition to any other relief that may be available to the prevailing Party.
Appears in 5 contracts
Samples: Master Purchasing Agreement, General Terms and Conditions, General Terms and Conditions
Attorneys’ Fees. If either In the event that a party commences an action against the other party, either legal, administrative brings suit or otherwise, arising out of otherwise attempts to collect damages or enforce this Agreement in connection with a breach of any of the terms and conditions of this Agreement, the prevailing party in such litigation shall be entitled to have and recover reimbursement from the losing party (severally in proportion to their fault in the case of a suit against more than person) of the prevailing party's reasonable attorney’s 's fees and all other costs of such actioncosts.
Appears in 5 contracts
Samples: Side Letter Agreement (Dsi Toys Inc), Side Letter Agreement (Mvii LLC), Shareholders' and Voting Agreement (Dsi Toys Inc)
Attorneys’ Fees. If either party commences an action against the other party, either legal, administrative or otherwise, party arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorney’s attorneys’ fees and all other costs of such actionsuit.
Appears in 5 contracts
Samples: Lease Termination Agreement (Enumeral Biomedical Holdings, Inc.), Asset Purchase Agreement (Morton Industrial Group Inc), Lease Termination Agreement (Infosonics Corp)
Attorneys’ Fees. If either party commences an any action or proceeding against the other party, either legal, administrative or otherwise, arising out of or in connection with party to enforce this Agreement, the prevailing party in such litigation action or proceeding shall be entitled to have and recover from the losing other party reasonable attorney’s fees the actual attorneys' fees, costs and all other costs of expenses incurred by such actionprevailing party in connection with such action or proceeding and in connection with enforcing any judgment or order thereby obtained.
Appears in 5 contracts
Samples: Severance Agreement and Full Release of All Claims (That Marketing Solution, Inc.), Executive Employment Agreement (APT Systems Inc), Executive Employment Agreement (North Springs Resources Corp.)
Attorneys’ Fees. If either party Party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorney’s attorneys’ fees and all other costs of such action.
Appears in 5 contracts
Samples: Form Construction Contract, Maintenance Services Agreement, Coachella Maintenance Services Agreement
Attorneys’ Fees. If either party commences an action against In the other party, either legal, administrative or otherwise, event any litigation is instituted between the Parties arising out of or in connection with relating to this Agreement, the prevailing party Party in such litigation whose favor judgment shall be entered shall be entitled to have and recover from the losing party non-prevailing Party its reasonable attorney’s attorneys’ fees and all other court costs of incurred in such actionaction and any appeal therefrom.
Appears in 4 contracts
Samples: Purchase and Sale Agreement (Excel Trust, Inc.), Purchase and Sale Agreement (Excel Trust, Inc.), Purchase and Sale Agreement (Excel Trust, Inc.)
Attorneys’ Fees. If In the event that either party commences an action hereto shall commence litigation against the other party, either legal, administrative or otherwise, arising out of or in connection with this AgreementAgreement and/or the enforcement thereof, the losing party in such action shall reimburse the attorneys’ fees and disbursements of the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorney’s fees and all other costs of such action.
Appears in 4 contracts
Samples: Purchase and Sale Agreement, Purchase and Sale Agreement (Sotherly Hotels Lp), General Partnership Interest Sale and Purchase Agreement (Sotherly Hotels Lp)
Attorneys’ Fees. If either party commences an any Party hereto shall bring any suit or action against the other partyanother for relief, either legal, administrative declaratory or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation Party shall be entitled to have and recover from against the losing party other Party, in addition to all court costs and disbursements, such sum as the applicable court may adjudge to be reasonable attorney’s fees and all other costs of such actionattorneys’ fees.
Appears in 4 contracts
Samples: Memorandum of Agreement, Memorandum of Agreement, Memorandum of Agreement
Attorneys’ Fees. If either party commences an action against the other party, either legal, administrative administrative, or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable reason- able attorney’s 's fees and all other costs of such action.
Appears in 4 contracts
Samples: Lakes Services Agreement, Lakes Services Agreement, Lakes Services Agreement
Attorneys’ Fees. If either party commences an action against the other party, either legal, administrative or otherwise, party arising out of or in connection with this AgreementAmendment, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorney’s attorneys’ fees and all other costs of such actionsuit.
Appears in 4 contracts
Samples: Office Lease (Commerce One Inc / De/), Office Lease (Commerce One Inc / De/), Office Lease (Commerce One Inc / De/)
Attorneys’ Fees. If In the event either party commences an action Party finds it necessary to bring suit against the other party, either legal, administrative or otherwise, Party as a result of any dispute arising out of or in connection with this Agreement, the prevailing party Party in such litigation dispute shall be entitled to have recover, in addition to such other damages and recover from relief as it may be awarded by the losing party court or other forum of competent jurisdiction, its reasonable attorney’s fees attorneys’ fees, court costs and all other reasonable costs of such action.litigation. [End of Exhibit B]
Appears in 4 contracts
Samples: Product Sale Agreement, Product Sale Agreement (CST Brands, Inc.), Product Sale Agreement (CST Brands, Inc.)
Attorneys’ Fees. If either party commences an action against the other party, either legal, administrative or otherwise, party arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have recover reasonable attorneys’ fees and recover costs of suit from the losing party reasonable attorney’s fees and all other costs of such actionparty.
Appears in 4 contracts
Samples: Master Outside Legal Counsel Services Agreement, Consultant Agreement, Consultant Agreement
Attorneys’ Fees. If either party commences an action any Proceeding is brought by one Party against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreementanother Party, the party succeeding or prevailing party in such litigation whole shall be entitled to have and recover from the losing party its reasonable attorney’s attorneys fees and other costs incurred in that action or Proceeding, in addition to any other relief to which it may be entitled. In all other costs of such actionProceedings each Party shall pay its own fees and expenses.
Appears in 4 contracts
Samples: Purchase Agreement, Purchase Agreement (Dana Holding Corp), Purchase Agreement (Dana Holding Corp)
Attorneys’ Fees. If In the event either party commences an legal action against the or other party, either legal, administrative or otherwise, proceeding arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing other party reasonable attorney’s attorneys’ fees and all other costs of incurred by the prevailing party in such actionaction or proceeding.
Appears in 4 contracts
Samples: Agreement (Hypertension Diagnostics Inc /Mn), Agreement (Hypertension Diagnostics Inc /Mn), Agreement (Hypertension Diagnostics Inc /Mn)
Attorneys’ Fees. If either party commences an action against the other party, either legal, administrative or otherwise, party arising out of or in connection with this Agreement, the party prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorney’s 's fees and all other costs of such actionsuit.
Appears in 3 contracts
Samples: Lease Agreement, Facility Use Agreement, Facility Use Agreement
Attorneys’ Fees. If In the event that either party commences an action institutes litigation against the other party, either legal, administrative or otherwise, arising out party for violation of or in connection with this Agreement, Agreement the prevailing losing party in such litigation litigation, after a hearing or a trial on the merits, shall be entitled pay to have the other party the other parties' costs and recover from the losing party reasonable attorney’s fees and all other costs of expenses, including attorneys fees, in such actionlitigation.
Appears in 3 contracts
Samples: Non Compete Agreement (Richardson Electronics LTD/De), Non Compete Agreement (Richardson Electronics LTD/De), Non Compete Agreement (Richardson Electronics LTD/De)
Attorneys’ Fees. If either party commences an The prevailing Party in any action to enforce this Agreement against the any other party, either legal, administrative Party or otherwise, arising out to recover damages or obtain other remedies for a breach of or in connection with this Agreement, the prevailing party in such litigation Agreement by any other Party shall be entitled to have and recover receive from the losing party Party any and all costs (including reasonable attorney’s attorneys’ fees and all other costs of related expenses) incurred in connection with such action.
Appears in 3 contracts
Samples: Assignment and Purchase Agreement (South Carolina Electric & Gas Co), Settlement Agreement (South Carolina Electric & Gas Co), Settlement Agreement (Georgia Power Co)
Attorneys’ Fees. If either party commences an hereto initiates legal action against to resolve a dispute under the other partyterms of this Lease, either legal, administrative or otherwise, arising out of or in connection with this Agreement, then the substantially prevailing party in such litigation shall be entitled to have and recover reimbursement from the losing other party of the prevailing party’s reasonable attorney’s attorneys’ fees and all other costs of such actioncourt costs.
Appears in 3 contracts
Samples: Lease Agreement (First Mariner Bancorp), Lease Agreement (First Mariner Bancorp), Lease Agreement (First Mariner Bancorp)
Attorneys’ Fees. 26.1 If either party commences an action or proceeding against the other party, either legal, administrative or otherwise, party arising out of or in connection with this AgreementLease, including any arbitration proceeding, the prevailing party in such litigation shall be entitled to have and recover from the losing other party reasonable attorney’s attorneys’ fees, expert witness fees and all other costs of such actionsuit.
Appears in 3 contracts
Samples: Lease (Genelux Corp), Lease (Genelux Corp), Lease (Salmedix Inc)
Attorneys’ Fees. If either party commences an In the event of the bringing of any action by any Party hereto against the any other party, either legal, administrative or otherwise, Party arising out of this Agreement or in connection with this Agreementthe other Transaction Documents, the Party who is determined to be the prevailing party in such litigation shall be entitled to have and recover from the losing party other Party the reasonable attorney’s fees costs and all other costs expenses of bringing such action, including reasonable attorneys’ fees.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Innovus Pharmaceuticals, Inc.), Agreement and Plan of Merger (Innovus Pharmaceuticals, Inc.), Agreement and Plan of Merger (Adventrx Pharmaceuticals Inc)
Attorneys’ Fees. If either party commences an action a judicial proceeding against the other party, either legal, administrative or otherwise, party arising out of or in connection with this AgreementLease, the prevailing party in such litigation shall be entitled to have and recover from the losing party full reasonable attorney’s 's fees and all other costs of such actionsuit.
Appears in 3 contracts
Samples: dnr.alaska.gov, dnr.alaska.gov, Lease
Attorneys’ Fees. If either party commences an action against the other party, either legal, administrative or otherwise, party arising out of or in connection with this AgreementLease, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorney’s fees and all other costs of such actionsuit.
Appears in 3 contracts
Samples: Office Lease, Property Lease Agreement, Sample Lease
Attorneys’ Fees. If In the event either party commences an action shall become a party to any litigation against the other partyto enforce or protect any rights or interest under this Contract and shall prevail, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the losing party shall reimburse the prevailing party in such litigation shall be entitled to have for all investigative and recover from the losing party reasonable court costs and attorney’s fees and all other costs of incurred in such actionlitigation.
Appears in 3 contracts
Samples: www.stwa.org, www.stwa.org, stwa.org
Attorneys’ Fees. If either party commences an action against the other party, either legal, administrative or otherwise, party arising out of or in connection with this AgreementLease, or institutes any proceeding in a bankruptcy or similar court which has jurisdiction over the other party or any or all of its property or assets, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorney’s attorneys’ fees and all court costs, including fees incurred on appeal and any other costs of such actionpost-judgment proceeding.
Appears in 3 contracts
Samples: Lease Agreement (Dolby Laboratories, Inc.), Lease Agreement (Dolby Laboratories, Inc.), Lease Agreement (Dolby Laboratories, Inc.)
Attorneys’ Fees. If either party Party commences an action against the other partyParty, either legal, administrative administrative, or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorney’s attorneys’ fees and all other costs of such action.
Appears in 3 contracts
Samples: Agreement for Services, Agreement for Services, Imperial County Employees’ Retirement System Agreement for Services
Attorneys’ Fees. If either any party commences an brings action against the other another party, either legal, administrative or otherwise, arising out with respect to the subject matter of or in connection with this Agreement, the prevailing party in such litigation party, if any, shall be entitled to have and recover from the losing adverse party all of the reasonable attorney’s fees and all other costs expenses of such actionthe prevailing party, including attorney fees.
Appears in 3 contracts
Samples: Franchise Agreement (NOODLES & Co), Franchise Agreement (NOODLES & Co), Franchise Agreement (NOODLES & Co)
Attorneys’ Fees. If either party commences of the parties hereto brings an action or proceeding against the other partyother, either legalincluding, administrative but not limited to, an action to enforce or otherwisedeclare the cancellation, arising out termination, or revision of or in connection with this the Agreement, the prevailing party in such litigation action or proceeding shall be entitled to have and recover receive from the losing other party all reasonable attorney’s attorneys' fees and all other costs of such actionincurred in connection therewith.
Appears in 2 contracts
Samples: Professional Services Retention Agreement, Retainer Agreement
Attorneys’ Fees. If either party Party commences an action against the other party, either legal, administrative or otherwise, Party arising out of or in connection with related to this Agreement, the prevailing party Party in such litigation shall be entitled to have and recover from the losing party reasonable attorney’s attorneys' fees and all costs in addition to such other costs of such actionrelief as may be awarded.
Appears in 2 contracts
Samples: Iru Agreement (Gt Group Telecom Inc), Capacity Lease Agreement (Gt Group Telecom Inc)
Attorneys’ Fees. If either party commences an In any action against the other party, either legal, administrative or otherwise, arising out alleging breach of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover receive from the losing other party reasonable the actual costs, expenses, and attorney’s 's fees and all other costs of such that the prevailing party incurred in either prosecuting or defending the action.
Appears in 2 contracts
Samples: Employment Agreement (Citizens Community Bancorp Inc.), Employment Agreement (Citizens Community Bancorp Inc.)
Attorneys’ Fees. If either party commences an is required to commence any proceeding or legal action against the other partyto enforce or interpret any term, either legalcovenant, administrative or otherwise, arising out condition of or in connection with this Agreement, the prevailing party in such litigation proceeding or action shall be entitled to have and recover from the losing other party its reasonable attorney’s 's fees and all other costs of such actionlegal expenses.
Appears in 2 contracts
Samples: Instructional Service Agreement, Instructional Service Agreement
Attorneys’ Fees. If either party commences an any Party files any action or brings any proceedings against the other party, either legal, administrative or otherwise, other(s) arising out of this Agreement, or is made a party to any action or proceeding brought by a third party in connection with this Agreement, then, as between the Parties, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorney’s fees and all other recover, in addition to its costs of such actionsuit and damages, reasonable attorneys' fees to be fixed by the court. The “prevailing party” shall be the Party who is entitled to recover its costs of suit, whether or not suit proceeds to final judgment.
Appears in 2 contracts
Samples: Exchange Agreement and Joint Escrow Instructions, Exchange Agreement and Joint Escrow Instructions
Attorneys’ Fees. If either party commences an action against the other party, either legal, administrative administrative, or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorney’s fees and all other costs of such action.
Appears in 2 contracts
Samples: cms9files.revize.com, cms9files.revize.com
Attorneys’ Fees. If either party commences an action against the other partyParty, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party Party in such litigation shall be entitled to have and recover from the losing party Party reasonable attorney’s attorneys’ fees and all other costs of such action.
Appears in 2 contracts
Attorneys’ Fees. If either party commences an any action against the other party, either legal, administrative or otherwise, party arising out of or in connection with this AgreementLease, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorney’s 's fees and all other costs of such actionsuit, including fees and costs incurred in the event of an appeal.
Appears in 2 contracts
Samples: Lease Agreement (Prime Companies Inc), Lease Agreement (Prime Companies Inc)
Attorneys’ Fees. If either any suit, appeal, or other action is commenced by a party commences an action against the other partyto establish, either legalmaintain, administrative or otherwise, enforce any right or remedy arising out of or in connection with from this Agreement, the prevailing party in such litigation shall be entitled to have and recover reimbursement from the losing other party of its reasonable attorney’s attorneys' fees and all other costs of such actionlitigation or appeal expenses incurred therein.
Appears in 2 contracts
Samples: Programming Partner Agreement (Information Network Radio Inc), Programming Partner Agreement (Information Network Radio Inc)
Attorneys’ Fees. If either party commences an action against the other party, either legal, administrative or otherwise, party arising out of or in connection with this AgreementLandlord Work Letter, then the substantially prevailing party in such litigation shall be entitled to have and recover from the losing other party reasonable attorney’s fees attorneys’ fees, charges and all other disbursements and costs of such actionsuit.
Appears in 2 contracts
Samples: Lease (Halozyme Therapeutics Inc), Lease (Halozyme Therapeutics Inc)
Attorneys’ Fees. If either party commences an action against the other party, either legal, administrative or otherwise, party arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have recover reasonable attorneys' fees and recover costs of suit from the losing party reasonable attorney’s fees and all other costs of such actionparty.
Appears in 2 contracts
Samples: City of Signal Hill, Professional Services Agreement
Attorneys’ Fees. If either any party commences an is required to commence any proceeding or legal action against the other party, either legal, administrative to enforce or otherwise, arising out interpret any term or condition of or in connection with this Agreement, the prevailing party in such litigation proceeding or action shall be entitled to have and recover from the losing other party its reasonable attorney’s 's fees and all other costs of such actioncosts.
Appears in 2 contracts
Samples: City Permit Indemnification Agreement, City Permit Indemnification Agreement
Attorneys’ Fees. If either party commences an action against In the other partyevent any action, either legal, administrative suit or otherwise, arising out of or in connection proceeding is commenced with respect to any matter relating to this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing other party reasonable attorney’s fees and all other its costs of such actionsuit, including reasonable attorneys' fees.
Appears in 2 contracts
Samples: Credit Agreement (Access Integrated Technologies Inc), Digital Cinema Service Agreement (Carmike Cinemas Inc)
Attorneys’ Fees. If In the event of any action or proceeding brought by either party commences an action under this Sublease against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreementparty hereto, the prevailing party in such litigation shall be entitled to have and recover from the losing other party all costs and expenses, including reasonable attorney’s fees and all other costs of attorneys’ fees, in such actionaction or proceeding.
Appears in 2 contracts
Samples: Stock Purchase Agreement (Boulevard Acquisition Corp.), Sublease (JMP Group Inc.)
Attorneys’ Fees. If either party Party commences an action Action against the other party, either legal, administrative or otherwise, Party arising out of or in connection with this AgreementAgreement or the transactions contemplated hereby, the prevailing party in such litigation Party shall be entitled to have and recover from the losing party Party reasonable attorney’s attorneys’ fees and all other costs of such actionsuit.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Cohen Daniel G), Securities Purchase Agreement (Cohen & Co Inc.)
Attorneys’ Fees. If either party commences an action any Proceeding is brought by one Party against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreementanother Party, the Party succeeding or prevailing party in such litigation whole shall be entitled to have and recover from the losing party its reasonable attorney’s attorneys’ fees and other costs incurred in that action or Proceeding, in addition to any other relief to which it may be entitled. In all other costs of such actionProceedings, each Party shall pay its own fees and expenses.
Appears in 2 contracts
Samples: Asset Purchase Agreement (Cbeyond, Inc.), Asset Purchase Agreement (Nash Finch Co)
Attorneys’ Fees. If either party any commences an action against any of the other party, either legal, administrative or otherwise, parties arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorney’s 's fees and all other costs of such actionsuit.
Appears in 2 contracts
Samples: Recognition and Attornment Agreement (Ticketmaster Online Citysearch Inc), Recognition and Attornment Agreement (Citysearch Inc)
Attorneys’ Fees. If either party commences an action against the other party, either legal, administrative or otherwise, party arising out of or in connection with this AgreementTenant Work Letter, then the substantially prevailing party in such litigation shall be entitled to have and recover from the losing other party reasonable attorney’s fees attorneys’ fees, charges and all other disbursements and costs of such actionsuit.
Appears in 2 contracts
Samples: Lease (Halozyme Therapeutics Inc), Lease (Halozyme Therapeutics Inc)
Attorneys’ Fees. If In the event that any action, suit, or other legal or administrative proceeding is instituted or commenced by either party commences an action Party hereto against the other party, either legal, administrative or otherwise, Party arising out of or in connection with related to this Agreement, the prevailing party in such litigation shall Party will be entitled to have recover its reasonable attorneys' fees, expert witness fees and recover out-of-pocket and court costs from the losing party reasonable attorney’s fees and all other costs of such actionnon-prevailing Party.
Appears in 2 contracts
Samples: Master Services Agreement, Master Services Agreement
Attorneys’ Fees. If either party commences an action against the other party, either legal, administrative or otherwise, party arising out of or in connection with this AgreementAmendment, the prevailing party in such litigation shall be entitled to have and recover from the losing party non- prevailing party, reasonable attorney’s fees and all other costs of such actionsuit.
Appears in 2 contracts
Samples: Lease (Personalis, Inc.), Lease (Aruba Networks, Inc.)
Attorneys’ Fees. If either party commences an action against the other party, either legal, administrative or otherwise, party arising out of or in connection with this Agreement, then the substantially prevailing party shall be reimbursed by the other party for all reasonable costs and expenses, including reasonable attorneys’ fees and expenses, incurred by the substantially prevailing party in such litigation shall be entitled to have action or proceeding and recover from the losing party reasonable attorney’s fees and all other costs of such actionin any appeal in connection therewith.
Appears in 2 contracts
Samples: Lease (Regeneron Pharmaceuticals Inc), Space License Termination Agreement (Regeneron Pharmaceuticals Inc)
Attorneys’ Fees. If either party commences an action against the other party, either legal, administrative or otherwise, party arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorney’s attorneys' fees and all other costs of such actionsuit.
Appears in 2 contracts
Samples: Lease Termination Agreement (Paula Financial), Lease Termination Agreement (Lion Inc/Wa)
Attorneys’ Fees. If either party commences an action against the other party, either legal, administrative or otherwise, party arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorney’s attorneys’ fees and all other costs of such actionsuit, provided that the prevailing party complies with all notice requirements under applicable state law.
Appears in 2 contracts
Samples: Lease Termination Agreement (Lineage Cell Therapeutics, Inc.), Lease Termination Agreement (Nara Bancorp Inc)
Attorneys’ Fees. If either party commences an action against the other party, either legal, administrative or otherwise, party arising out of or in connection with this AgreementLease, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorney’s fees all expenses of litigation, including, without limitation, travel expenses, attorneys’ fees, expert witness fees, trial and all other costs of such actionappellate court costs, and deposition and transcript expenses.
Appears in 2 contracts
Samples: Agreement for Purchase and Sale (Integrated Device Technology Inc), Lease Agreement (Integrated Device Technology Inc)
Attorneys’ Fees. If either party Party commences an action against the other party, either legal, administrative or otherwise, Party arising out of or in connection with this Agreement, the prevailing party in such litigation Party shall be entitled to have and recover from the losing party Party reasonable attorney’s attorneys’ fees and all other costs of such actioncosts.
Appears in 2 contracts
Attorneys’ Fees. If In the event either party commences an action shall become a party to any litigation against the other partyparty to enforce or protect any rights or interests under this Lease and shall prevail, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the losing party shall reimburse the prevailing party for all investigative and court costs and attorneys' fees incurred in such litigation shall be entitled to have and recover from the losing party reasonable attorney’s fees and all other costs of such actionlitigation.
Appears in 2 contracts
Samples: Standard Office Lease (Argyle Security Acquisition CORP), Standard Office Lease (Payment Data Systems Inc)
Attorneys’ Fees. If either party Party commences an action against the other partyParty, either legal, administrative or otherwise, arising out of or in connection with this AgreementContract, the prevailing party Party in such litigation action shall be entitled to have and recover from the losing party Party reasonable attorney’s attorneys’ fees and all other costs of such action.
Appears in 2 contracts
Samples: Plans and Specifications, atwork.coronaca.gov
Attorneys’ Fees. (Check if applicable, strike out if not) ☐ If either party commences an brings legal action against the other party, either legal, administrative or otherwise, arising out of or in connection with to enforce its rights under this AgreementModification, the prevailing party in such litigation shall will be entitled to have and recover from the losing other party its expenses (including reasonable attorney’s fees attorneys’ fees) incurred in connection with the action and all other costs of such actionany appeal.
Appears in 2 contracts
Samples: Support Modification, Support Modification
Attorneys’ Fees. If In the event either party commences an Party takes any action against or initiates any dispute, claim, or cause of action to enforce its rights hereunder, including for the other partycollection of any payments owed to such Party hereunder (each, either legal, administrative or otherwise, arising out of or in connection with this Agreement, a “Claim”) then the prevailing party Party in such litigation Claim shall be entitled to have and recover from the losing party other Party the prevailing Party’s cost, fees, and expenses, including reasonable attorney’s fees and all other costs fees, associated with the prosecution or defense of such actionClaim.
Appears in 2 contracts
Samples: Rental Agreement, Waiver and Release
Attorneys’ Fees. If either party Party commences an action against the other party, either legal, administrative or otherwise, Party arising out of of, or in connection with this Agreement, the prevailing party in such litigation Party shall be entitled to have and recover from the losing party Party reasonable attorney’s attorneys’ fees and all other costs of such actionat the pre-trial, trial and appellate levels.
Appears in 2 contracts
Samples: Secured Promissory Note and Security Agreement Cancellation Agreement (Bitech Technologies Corp), Management Services Termination Agreement (Bitech Technologies Corp)
Attorneys’ Fees. If either party commences an In the event that any claim, suit, action or proceeding is instituted or commenced by any Party hereto against the any other party, either legal, administrative or otherwise, Party arising out of or in connection with related to this Agreement, the prevailing party in such litigation shall Party will be entitled to have recover its reasonable attorneys’ fees, expert fees, expenses and recover court costs from the losing party reasonable attorney’s fees and all other costs of such actionnon-prevailing Party.
Appears in 2 contracts
Samples: Master Joint Development Agreement (iBio, Inc.), Master Joint Development Agreement (iBio, Inc.)
Attorneys’ Fees. If In the event either party commences Party brings an action or any other proceeding against the other party, either legal, administrative Party to enforce or otherwise, arising out interpret any of or in connection with the terms and conditions of this Agreement, the prevailing party Party in such litigation action or proceeding shall be entitled to have and recover from the losing party its reasonable attorney’s fees and all costs from the other costs of Party, in such actionamounts as shall be set by the court.
Appears in 2 contracts
Samples: Settlement and Remediation Agreement, Settlement and Remediation Agreement (Pope Resources LTD Partnership)
Attorneys’ Fees. If any action, suit, or other legal or administrative proceeding is instituted or commenced by either party commences an action hereto against the other party, either legal, administrative or otherwise, party arising out of or in connection with related to this Agreement, the prevailing party in such litigation shall be entitled to have recover its reasonable attorneys’ fees and recover court costs from the losing party reasonable attorney’s fees and all other costs of such actionnon-prevailing party.
Appears in 2 contracts
Attorneys’ Fees. If either party commences an action against the other party, either legal, administrative or otherwise, party arising out of or in connection with this AgreementLease, the prevailing party in such litigation shall be entitled to have and recover from the losing other party their reasonable attorney’s attorneys' fees and all other costs of such actioncosts.
Appears in 2 contracts
Samples: Rescission, Restructuring and Assignment Agreement (Integrated Healthcare Holdings), Integrated Healthcare Holdings
Attorneys’ Fees. If either any party hereto commences an action against the other party, either legal, administrative or otherwise, party(ies) arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party party(ies) reasonable attorney’s attorneys’ fees and all other costs of such actionsuit.
Appears in 2 contracts
Samples: Assignment and Assumption and Modification of Lease Documents (Omeros Corp), Assignment, Assumption and Modification of Lease Documents (Omeros Corp)
Attorneys’ Fees. If either party commences an a legal action against the other party, either legal, administrative or otherwise, party arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorney’s fees and all other costs of such actionsuits.
Appears in 2 contracts
Samples: Agreement for Services, Agreement for Audit and Financial Reporting Services
Attorneys’ Fees. If either any party commences an brings any suit or action against the other partyfor relief, either legal, administrative declaratory or otherwise, arising out of or in connection with this AgreementAGREEMENT, the prevailing party in such litigation shall be entitled to have and recover from against the losing other party all costs and disbursements, including reasonable attorney’s fees attorneys fees, in the action and all other costs of such actionon appeal.
Appears in 1 contract
Attorneys’ Fees. 25.1 If either party commences an action against the other party, either legal, administrative or otherwise, party arising out of or in connection with this AgreementLease, the prevailing party in such litigation shall be entitled to have and recover from the losing non-prevailing party reasonable attorney’s fees attorneys' fees, charges and all other disbursements and costs of such actionsuit.
Appears in 1 contract
Samples: Lease (Trega Biosciences Inc)
Attorneys’ Fees. 16.1 If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or party in connection with this Agreementagreement or the addendum thereto, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorney’s fees fees, and all other court costs of such actionrelated thereto.
Appears in 1 contract
Samples: Facilities Use Agreement
Attorneys’ Fees. If either party commences an action against the other partyto enforce any of the terms of this Agreement or because of the breach by the other party of any of the terms hereof, either legalthe losing or defaulting party shall pay to the prevailing party reasonably attorneys’ fees, administrative or otherwisecosts, arising out of or and expenses incurred in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from prosecution or defense of the losing party reasonable attorney’s fees and all other costs of such action.
Appears in 1 contract
Samples: Real Estate Purchase Agreement
Attorneys’ Fees. If either party commences an action against the other party, either legal, administrative or otherwise, party arising out of or in connection with this Agreement, the substantially prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorney’s attorneys’ fees and all other costs of such actionsuit.
Appears in 1 contract
Samples: Lease Termination Agreement (Idenix Pharmaceuticals Inc)
Attorneys’ Fees. If either party commences an action prevails against the other party, either legal, administrative or otherwise, arising out in a legal action concerning any part of or in connection with this Agreement, the prevailing successful party in such litigation shall be entitled to have and recover from the losing party his reasonable attorney’s 's fees and costs connected with such action, through appellate and bankruptcy proceedings, in addition to all other recovery or relief. Costs shall include all deposition costs of such actionand expert fees, even if not used in trial.
Appears in 1 contract
Samples: Real Estate Purchase and Sale Agreement (National Residential Properties Nv Inc)
Attorneys’ Fees. If either party commences an In any action against the other party, either legal, administrative or otherwise, arising out alleging breach of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover receive from the losing other party reasonable the actual costs, expenses, and attorney’s fees and all other costs of such that the prevailing party incurred in either prosecuting or defending the action.
Appears in 1 contract
Samples: Employment Agreement (Citizens Community Bancorp Inc.)