AAA LITIGATION Sample Clauses

AAA LITIGATION. The Stockholders shall not be personally liable for any monetary damages or award assessed against Aloha in connection with the AAA Litigation described in Section 3.23 hereof; provided, however, that the Stockholders hereby agree to be personally liable, and to pay or reimburse Aloha (or HNWC), for any attorneys' fees and expenses, court costs and other related expenses (collectively, "Defense Costs") in excess of $5,000 paid or incurred by Aloha (or HNWC) in the defense of the AAA Litigation, to the extent such Defense Costs are not otherwise covered by Aloha's insurance. Aloha (or HNWC) shall be responsible for the first $5,000 of any such Defense Costs. In the event that Aloha receives any monetary award based upon any counterclaim in the AAA Litigation, Aloha shall pay such award to the Stockholders, less the aggregate amount of any Defense Costs borne by Aloha (or HNWC) in connection with the AAA Litigation.