Litigation Costs and Expenses. In any action to enforce the terms of this Agreement, the prevailing party shall be reimbursed by the non-prevailing party for such prevailing party’s reasonable attorneys’ fees and costs, including the costs of enforcing a judgment.
Litigation Costs and Expenses. If either Party institutes any legal suit, action, or proceeding against the other Party to enforce this Agreement (or obtain any other remedy regarding any breach of this Agreement, including, but not limited to, contract, equity, tort, fraud, and statutory claims), the prevailing party in a final, non-appealable judgment regarding the suit, action, or proceeding is entitled to receive, and the non-prevailing party shall pay, in addition to all other remedies to which the prevailing party may be entitled, the costs and expenses incurred by the prevailing party in conducting or defending the suit, action, or proceeding, including reasonable attorneys’ fees and expenses, and court costs, even if not recoverable by law (including, without limitation, all fees, taxes, costs, and expenses incident to appellate, bankruptcy, and post-judgment proceedings).
Litigation Costs and Expenses. If any party institutes any legal suit, action or proceeding against the other party to enforce this Agreement (or obtain any other remedy regarding any breach of this Agreement), the prevailing party in the suit, action or proceeding is entitled to receive, and the non-prevailing party shall pay, in addition to all other remedies to which the prevailing party may be entitled, the costs and expenses incurred by the prevailing party in conducting the suit, action or proceeding, including attorneys’ fees and expenses and court costs, even if not recoverable by law (including, without limitation, all fees, taxes, costs and expenses incident to appellate, bankruptcy and post-judgment proceedings).
Litigation Costs and Expenses. ACM will not pursue Eligible Claims through legal process. ACM does not file suit nor engage legal counsel on behalf of Client. If Client elects to, ACM can identify and assist Client in retaining counsel to file suit to recover losses in such circumstance and will manage the suit keeping the client informed as the suit progresses. If a lawsuit is filed, any and all litigation fees, costs, expenses related to the lawsuit are the responsibility of the Client. ACM’s efforts to recover damages upon an Eligible Claim will cease when Client retains legal counsel to pursue the claim. In such event, Client shall be responsible to reimburse ACM for any Direct Claim Expenses incurred by ACM in pursuit of the claim, and any proceeds recovered by ACM prior to assignment of the claim to legal counsel shall be subject to the Recovery Share structure detailed in this Agreement. Copies of ACM’s file materials gathered in pursuit of the claim will be forwarded to Client or Client’s retained legal counsel upon request. After litigation settlement and accounting for all litigation fees, costs, expenses, ACM’s Recovery Share will not exceed those outlined in Exhibit A.
Litigation Costs and Expenses. Not withstanding any of the foregoing, in the event it becomes necessary for any party to this Agreement to institute litigation concerning this Agreement against another party to this Agreement, the prevailing party in such litigation shall be entitled to be reimbursed by the non-prevailing party for all reasonable litigation costs and expenses.
Litigation Costs and Expenses. In any action between the Parties relating to this License, the court may award all or any part of the costs and expenses relating to such action, including attorney's fees, as the court shall deem just.
Litigation Costs and Expenses. If any party institutes any legal suit, action or proceeding against the other party to enforce this Agreement (or obtain any other remedy regarding any breach of this Agreement) or arising out of or relating to this Agreement, including, but not limited to, contract, equity, tort, fraud and statutory claims, the prevailing party in the suit, action or proceeding is entitled to receive, and the non-prevailing party shall pay, in addition to all other remedies to which the prevailing party may be entitled, the costs and expenses incurred by the prevailing party in conducting the suit, action or proceeding, including actual attorneys’ fees and expenses, even if not recoverable by law.
Litigation Costs and Expenses. In any litigation, arbitration, or other proceeding by which one party either seeks to enforce its rights under this Agreement (whether in contract or tort) or seeks a declaration of rights or obligations under this Agreement, or raises a factual or legal issue arising out of the Agreement, the prevailing party shall be awarded reasonable attorneys fees, together with any costs of suit and expenses, incurred in order to litigate or resolve or appeal the dispute and/or to enforce the final judgment, whether or not the matter is dismissed (voluntarily or involuntarily), settled, or proceeds to judgment or verdict.
Litigation Costs and Expenses. Each party shall bear its own costs and expenses including attorneys’ fee.
Litigation Costs and Expenses. If any Party institutes any legal suit, action, or proceeding against the other Party arising out of or relating to this Agreement, including, but not limited to, contract, equity, tort, fraud, and statutory claims, the prevailing Party in the suit, action, or proceeding is entitled to receive, and the non-prevailing Party shall pay, in addition to all other remedies to which the prevailing party may be entitled, the costs and expenses incurred by the prevailing Party in conducting or defending the suit, action, or proceeding, including any costs that are taxable pursuant to any applicable statute, rule, or guideline (including, but not limited to, the Statewide Uniform Guidelines for Taxation of Costs in Civil Actions), as well as costs not taxable thereunder and including reasonable attorneys' fees and expenses, and court costs, even if not recoverable by law (including, without limitation, all fees, taxes, costs, and expenses incident to appellate, bankruptcy, and post-judgment proceedings).
