Common use of Attorneys’ Fees and Costs Clause in Contracts

Attorneys’ Fees and Costs. If any legal action or other proceeding is brought in connection with this Agreement, the successful or prevailing Party, if any, shall be entitled to recover reasonable attorneys' fees and other related costs, in addition to any other relief to which that Party is entitled. In the event that it is the subject of dispute, the court or trier of fact who presides over such legal action or proceeding is empowered to determine which Party, if any, is the prevailing party in accordance with this provision.

Appears in 23 contracts

Samples: Hold Harmless Agreement, Hold Harmless Agreement, Hold Harmless Agreement

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Attorneys’ Fees and Costs. If In any legal action brought to enforce or other proceeding is brought in connection with otherwise interpret any provision of this Agreement, the successful or prevailing Party, if any, Party shall be entitled to recover reasonable attorneys' fees and other related costs, in addition costs from the non-prevailing Party to any other relief to which that Party is entitled. In the event that it is the subject of dispute, the court or trier of fact who presides over such legal action or proceeding is empowered to determine which Partyproceeding, if anyincluding through settlement, is the prevailing party in accordance with this provisionjudgment, and/or appeal.

Appears in 12 contracts

Samples: Executive Employment Agreement (Trulieve Cannabis Corp.), Executive Employment Agreement (Trulieve Cannabis Corp.), Executive Employment Agreement (Trulieve Cannabis Corp.)

Attorneys’ Fees and Costs. If any legal action or other proceeding is brought Each party shall bear its own attorneys’ fees and costs incurred in connection with the drafting, execution, and performance of this Agreement. However, if any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the successful or prevailing Party, if any, party in such action shall be entitled to recover reasonable attorneys' ’ fees, legal costs, and other collection fees and other related costscosts incurred by the prevailing party in connection with the suit, both before and after the judgment, in addition to any other relief to which that Party is such party may be entitled. In the event that it is the subject of dispute, the court or trier of fact who presides over such legal action or proceeding is empowered to determine which Party, if any, is the prevailing party in accordance with this provision.

Appears in 10 contracts

Samples: Agreement for Sand, Agreement, Agreement for Ashton Substation Building

Attorneys’ Fees and Costs. If any legal action or other proceeding is brought in connection with this Agreement, the successful or prevailing Party, if any, Party shall be entitled to recover reasonable attorneys' fees and other related costs, in addition to any other relief to which that the Party is entitled. In the event that it is the subject of dispute, the court or trier of fact who presides over such legal action or proceeding is empowered to determine which Party, if any, is the prevailing party in accordance with this provision.

Appears in 8 contracts

Samples: Site License Agreement, Release Agreement, Telecommunications Facilities Site License Agreement

Attorneys’ Fees and Costs. If any legal action or other proceeding proceedings is brought in connection with this Agreement, the successful or prevailing Party, if any, Party shall be entitled to recover reasonable attorneys' attorney’s fees and other related costs, in addition to any other relief to which that the Party is entitled. In the event that it is the subject of dispute, the court or trier of fact who presides over such legal action or proceeding is empowered to determine which Party, if any, is the prevailing party in accordance with this provision.

Appears in 8 contracts

Samples: Rental and Hold Harmless Agreement, Rental and Hold Harmless Agreement, Hold Harmless Agreement

Attorneys’ Fees and Costs. If either party initiates any legal action at law or other proceeding is brought in connection with equity to enforce or interpret the terms and conditions of this Agreement, the successful or prevailing Party, if any, party shall be entitled to recover reasonable attorneys' fees and other related costs, costs in addition to any other relief to which that Party is it may otherwise be entitled. In the event that it is the subject of dispute, the court or trier of fact who presides over such legal action or proceeding is empowered to determine which Party, if any, is the prevailing party in accordance with this provision.

Appears in 7 contracts

Samples: Hcaog Consultant Services Contract, Hcaog Consultant Services Contract, Hcaog Consultant Services Contract

Attorneys’ Fees and Costs. If Subject to in any legal action action, suit or other proceeding is brought by any party hereto with respect to this Agreement, its subject matter or the actions, statements or conduct of any or each of the parties in connection with the negotiation, execution or performance of this Agreement, the successful or prevailing Party, if any, party shall be entitled to recover from the other parties all reasonable costs and expenses incurred in connection therewith, including but not limited to attorneys' fees fees, attorneys' costs and other related court costs, in addition to any other relief to which that Party is entitled. In the event that it is the subject of dispute, the court or trier of fact who presides over such legal action or proceeding is empowered to determine which Party, if any, is the prevailing party in accordance with this provision.

Appears in 7 contracts

Samples: Executive Employment Agreement (Xumanii, Inc.), Executive Employment Agreement (Xumanii, Inc.), Executive Employment Agreement (Xumanii, Inc.)

Attorneys’ Fees and Costs. If In the event that any legal action or other proceeding is brought in connection with to enforce or interpret any of the rights or obligations under this Agreement, the successful or prevailing Party, if any, party shall be entitled to recover reasonable attorneys' fees ’ fees, costs and other related costs, disbursements in addition to any other relief to which that Party is entitled. In the event that it is the subject of dispute, the court or trier of fact who presides over such legal action or proceeding is empowered to determine which Party, if any, is the prevailing party in accordance with this provisionmay be entitled.

Appears in 6 contracts

Samples: Consulting Agreement (Biolargo, Inc.), Agreement (Biolargo, Inc.), Share Exchange Agreement (Biolargo, Inc.)

Attorneys’ Fees and Costs. If any legal action or other proceeding is brought in connection with to enforce or interpret this AgreementAgreement or matters relating to it, the successful or substantially prevailing Party, if any, shall party will be entitled to recover from the other party reasonable attorneys' fees and other related costscosts incurred in such action or proceeding, in addition to any other relief to which that Party is entitled. In the event that it is the subject of dispute, the court or trier of fact who presides over such legal action or proceeding is empowered to determine which Party, if any, is the prevailing party in accordance with this provisionis entitled.

Appears in 6 contracts

Samples: Warrant Purchase Agreement (Univision Communications Inc), Warrant Purchase Agreement (Univision Communications Inc), Warrant Purchase Agreement (Univision Communications Inc)

Attorneys’ Fees and Costs. If any legal action or other proceeding is brought in connection with this Agreement, the successful or prevailing Party, if any, Party shall be entitled to recover reasonable attorneys' fees and other related costs, in addition to any other relief to which that the Party is entitled. In the event that it is the subject of dispute, the court or trier of fact who presides over such legal action or proceeding is empowered to determine which Party, if any, is the prevailing party in accordance with this provision.

Appears in 4 contracts

Samples: SND Hold Harmless Agreement, Hold Harmless Agreement, Risk and Indemnity Agreement

Attorneys’ Fees and Costs. If any legal Except as otherwise provided herein, in the event that either Party brings an action to enforce or other proceeding is brought in connection with effect its rights under this Agreement, the successful or prevailing Party, if any, Party shall be entitled to recover its costs and expenses, including the costs of mediation, arbitration, litigation, court fees, plus reasonable attorneys' fees and other related costs, incurred in addition to any other relief to which that Party is entitled. In the event that it is the subject of dispute, the court or trier of fact who presides over connection with such legal action or proceeding is empowered to determine which Party, if any, is the prevailing party in accordance with this provisionan action.

Appears in 4 contracts

Samples: Retirement Agreement (Orasure Technologies Inc), Retirement Agreement (Orasure Technologies Inc), Retirement Agreement (Orasure Technologies Inc)

Attorneys’ Fees and Costs. If The prevailing party in any legal action proceeding brought to enforce or other proceeding is brought in connection with interpret any provision of this Agreement, the successful or prevailing Party, if any, Agreement shall be entitled to recover its reasonable attorneys' fees fees, costs and disbursements incurred in connection with such proceeding, including but not limited to the reasonable costs of experts, accountants and consultants and all other reasonable costs and services related coststo the proceeding, including those incurred in addition to any other relief to which that Party is entitled. In appeal, jointly and severally, from the event that it is the subject of dispute, the court nonprevailing party or trier of fact who presides over such legal action or proceeding is empowered to determine which Party, if any, is the prevailing party in accordance with this provisionparties.

Appears in 4 contracts

Samples: Advisory Services Agreement (MBS Multimode Inc), Agreement (MBW Foods Inc), Advisory Services Agreement (MBW Foods Inc)

Attorneys’ Fees and Costs. If In any legal action action, suit or other proceeding is brought by any party hereto with respect to this Agreement, its subject matter or the actions, statements or conduct of any or each of the parties in connection with the negotiation, execution or performance of this Agreement, the successful or prevailing Party, if any, party shall be entitled to recover from the other parties all reasonable costs and expenses incurred in connection therewith, including but not limited to attorneys' fees fees, attorneys' costs and other related court costs, in addition to any other relief to which that Party is entitled. In the event that it is the subject of dispute, the court or trier of fact who presides over such legal action or proceeding is empowered to determine which Party, if any, is the prevailing party in accordance with this provision.

Appears in 4 contracts

Samples: Employment Agreement (Overseas Filmgroup Inc), Employment Agreement (Overseas Filmgroup Inc), Employment Agreement (Overseas Filmgroup Inc)

Attorneys’ Fees and Costs. If either party initiates any legal action at law or other proceeding is brought in connection with equity to enforce or interpret the terms and conditions of this Agreementcontract, the successful or prevailing Party, if any, party shall be entitled to recover reasonable attorneys' fees and other related costs, costs in addition to any other relief to which that Party is it may otherwise be entitled. In the event that it is the subject of dispute, the court or trier of fact who presides over such legal action or proceeding is empowered to determine which Party, if any, is the prevailing party in accordance with this provision.

Appears in 3 contracts

Samples: Hcaog Consultant Services Contract, Hcaog Consultant Services Contract, Hcaog Consultant Services Contract

Attorneys’ Fees and Costs. If In the event that any legal action or other proceeding concerning the enforcement and interpretation of the provisions of this Agreement is brought in connection with this Agreementinstituted, the successful or prevailing Party, if any, party in such proceeding shall be entitled to recover its reasonable attorneys' fees and other expenses related coststo such proceeding, in addition to any other relief to which that Party is it may be entitled. In the event that it is the subject of dispute, the court or trier of fact who presides over such legal action or proceeding is empowered to determine which Party, if any, is the prevailing party in accordance with this provision.

Appears in 3 contracts

Samples: Consulting Agreement (General Metals Corp), Consulting Agreement (Viral Genetics Inc /De/), Consulting Agreement (Viral Genetics Inc /De/)

Attorneys’ Fees and Costs. If In any legal action action, suit or other proceeding is brought by any party hereto with respect to this Agreement, its subject matter or the actions, statements or conduct of any or each of the parties in connection with the negotiation, execution or performance of this Agreement, the successful or prevailing Party, if any, party shall be entitled to recover from the other parties all reasonable costs and expenses incurred in connection therewith, including but not limited to attorneys' fees ’ fees, attorneys’ costs and other related court costs, in addition to any other relief to which that Party is entitled. In the event that it is the subject of dispute, the court or trier of fact who presides over such legal action or proceeding is empowered to determine which Party, if any, is the prevailing party in accordance with this provision.

Appears in 3 contracts

Samples: Employment Agreement (First Look Studios Inc), Employment Agreement (First Look Studios Inc), Employment Agreement (First Look Studios Inc)

Attorneys’ Fees and Costs. If any legal action or other proceeding is brought in connection with this Agreement, the successful Party or prevailing Party, if any, Party shall be entitled to recover reasonable attorneys' attorney’s fees and other related costs, in addition to any other relief to which that the Party is entitled. In the event that it is the subject of dispute, the court or trier of fact who presides over such legal action or proceeding is empowered to determine which Party, if any, is the prevailing party in accordance with this provision.

Appears in 2 contracts

Samples: Adoption Hold Harmless Agreement, Adoption Hold Harmless Agreement

Attorneys’ Fees and Costs. If any legal action or other proceeding is brought in connection with this Agreement, the successful or prevailing Partyparty, if anywhether or not such party has instituted the action, shall be entitled to recover from the non-prevailing party reasonable attorneys' fees and other related costscosts incurred in such action or proceeding, in addition to any other relief to which that Party is it may be entitled. In the event that it is the subject of dispute, the court or trier of fact who presides over such legal action or proceeding is empowered to determine which Party, if any, is the prevailing party in accordance with this provision.

Appears in 2 contracts

Samples: Stock Pledge Agreement (Cetus Capital Acquisition Corp.), Stock Pledge Agreement (Masimo Corp)

Attorneys’ Fees and Costs. If In the event that any party commences legal action or other proceeding is brought in connection with to enforce any of the terms or provisions of this Agreement, the successful or substantially prevailing Party, if any, party shall be entitled to recover reasonable attorneys' attorney's fees and other related costscosts incurred in the trial court and on appeal, and in addition to enforcing any other relief to which that Party is entitled. In the event that it is the subject of dispute, the court or trier of fact who presides over such legal action or proceeding is empowered to determine which Party, if any, is the prevailing party in accordance with this provisionjudgment obtained.

Appears in 2 contracts

Samples: Employment Agreement (Dunn Computer Corp), Employment Agreement (Dunn Computer Corp)

Attorneys’ Fees and Costs. If In the event that any legal action or other proceeding is brought in connection with to enforce or interpret any of the rights or obligations under this Agreement, the successful or prevailing Party, if any, party shall be entitled to recover reasonable attorneys' fees fees, costs and other related costs, disbursements in addition to any other relief to which that Party is entitled. In the event that it is the subject of dispute, the court or trier of fact who presides over such legal action or proceeding is empowered to determine which Party, if any, is the prevailing party in accordance with this provisionmay be entitled.

Appears in 2 contracts

Samples: Consulting Agreement (Microsignal Corp/Nv), Consulting Agreement (Microsignal Corp/Nv)

Attorneys’ Fees and Costs. If any legal action or other proceeding is brought relating to this Agreement, or if any party shall become engaged in the defense of any counterclaim or cross claim arising out of or in connection with the transactions con- templated under and in accordance with the provisions of this Agreement, the successful or prevailing Party, if any, party shall be entitled to recover reasonable attorneys' fees and other related costscosts incurred in that action or proceeding, in addition to any other relief to which that Party is such party may be entitled. In the event that it is the subject of dispute, the court or trier of fact who presides over such legal action or proceeding is empowered to determine which Party, if any, is the prevailing party in accordance with this provision.

Appears in 1 contract

Samples: Purchase Order Terms

Attorneys’ Fees and Costs. If any legal action or other proceeding is brought in connection with this Agreement, the successful or prevailing Party, if any, Party shall be entitled to recover reasonable attorneys' attorney’s fees and other related costs, in addition to any other relief to which that the Party is entitled. In the event that it is the subject of dispute, the court or trier of fact who presides over such legal action or proceeding is empowered to determine which Party, if any, is the prevailing party in accordance with this provision.

Appears in 1 contract

Samples: Hold Harmless Agreement

Attorneys’ Fees and Costs. If any legal action is brought, or other proceeding is brought in connection if any costs are incurred, with respect to the enforcement of this Agreement, the successful or prevailing Party, if any, Party(ies) shall be entitled to recover reasonable attorneys' fees and other related costscosts incurred in that enforcement effort, action, or proceeding, in addition to any other relief to which that Party is he/she/it may be entitled. In the event that it is the subject of dispute, the court or trier of fact who presides over such legal action or proceeding is empowered to determine which Party, if any, is the prevailing party in accordance with this provision.

Appears in 1 contract

Samples: Mutual Settlement and Release

Attorneys’ Fees and Costs. If any legal action or other proceeding is brought in connection with this Agreement or the underlying cause for this Agreement, the successful or prevailing Party, if any, Party shall be entitled to recover reasonable attorneys' fees and other related costs, in addition to any other relief to which that the Party is entitled. In the event that it is the subject of dispute, the court or trier of fact who presides over such legal action or proceeding is empowered to determine which Party, if any, is the prevailing party in accordance with this provision.Client Initials

Appears in 1 contract

Samples: Hold Harmless Agreement

Attorneys’ Fees and Costs. If any legal action or other proceeding is brought in connection with this Agreement, the successful or prevailing Party, if any, party shall be entitled to recover reasonable attorneys' attorney's fees and other related costs, in addition to any other relief to which that Party the party is entitled. In the event that it is the subject of dispute, the court or trier of fact who presides over such legal action or proceeding is empowered to determine which Party, if any, is the prevailing party in accordance with this provision.

Appears in 1 contract

Samples: Property Use Agreement

Attorneys’ Fees and Costs. If In the event of any legal action or other proceeding is brought in connection with dispute between the Parties arising out of this Agreement, including the successful or non-payment of fees, the prevailing Party, if any, Party shall be entitled to recover reasonable attorneys' fees and other related costsentitled, in addition to any other relief rights and remedies it may have, to which that Party is entitled. In the event that it is the subject of disputerecover its reasonable attorney fees and costs, the court or trier of fact who presides over such legal action or proceeding is empowered to determine which Partyincluding pre-suit and appellate fees and costs, if any, is the prevailing party in accordance with this provisionand expert fees.

Appears in 1 contract

Samples: License Agreement

Attorneys’ Fees and Costs. If any legal action or other proceeding is brought in connection with this Agreement, the successful or prevailing Party, if any, shall be entitled to recover reasonable attorneys' fees and other related costs, in addition to any other relief to which that Party is entitled. In the event that If it is the subject of dispute, the court or trier of fact who presides over such legal action or proceeding is empowered to determine which Party, if any, is the prevailing party in accordance with this provision.

Appears in 1 contract

Samples: Indemnity Agreement

Attorneys’ Fees and Costs. If any legal action or other proceeding is brought in connection with this Agreement, the successful or prevailing Party, if any, Party shall be entitled to recover reasonable attorneys' fees and other related costs, in addition to any other relief to which that Party is entitled. In the event that it is the subject of dispute, the court or trier of fact who presides over such legal action or proceeding is empowered to determine which Party, if any, is the prevailing party in accordance with this provision.

Appears in 1 contract

Samples: Hold Harmless Agreement

Attorneys’ Fees and Costs. If any legal action or other proceeding is brought Each party with bear the own respective costs and expenses in connection with the preparation and negotiation of this Agreement. In the event of any legal proceeding arising out of this Agreement, the successful or prevailing Party, if any, shall party will be entitled to recover its reasonable attorneys' attorney’s fees and other related costs, in addition to any other relief to which that Party is entitled. In the event that it is the subject of dispute, the court or trier of fact who presides over such legal action or proceeding is empowered to determine which Party, if any, is the prevailing party in accordance with this provision.

Appears in 1 contract

Samples: Note Conversion and Lock Up Agreement (Satellite Security Corp)

Attorneys’ Fees and Costs. If any legal action or other proceeding is brought in connection with this Agreement, the successful or prevailing Party, if any, shall be entitled to recover reasonable attorneys' fees and other related costs, in addition to any other relief to which that Party is entitled. In the event that it is the subject of dispute, the court or trier Trier of fact who presides over such legal action or proceeding is empowered to determine which Party, if any, is the prevailing party in accordance with this provision.

Appears in 1 contract

Samples: Hold Harmless Agreement

Attorneys’ Fees and Costs. If any legal Except as otherwise provided herein, in the event that either Party brings an action to enforce or other proceeding is brought in connection with effect its rights under this Agreement, the successful or prevailing Party, if any, party shall be entitled to recover its costs and expenses, including the costs of mediation, arbitration, litigation, court fees, plus reasonable attorneys' fees and other related costs, incurred in addition to any other relief to which that Party is entitled. In the event that it is the subject of dispute, the court or trier of fact who presides over connection with such legal action or proceeding is empowered to determine which Party, if any, is the prevailing party in accordance with this provisionan action.

Appears in 1 contract

Samples: Retirement Agreement and Release (Amkor Technology Inc)

Attorneys’ Fees and Costs. If any legal action or other proceeding is brought in connection with relating to this Agreement, the successful or prevailing Party, if any, shall be entitled to recover reasonable attorneys' fees and & other related costs, in addition to any other relief to which that Party is entitled. In the event that it is the subject of dispute, the court or trier of fact who presides over such legal action or proceeding is empowered to determine which Party, if any, is the prevailing party in accordance with this provision.

Appears in 1 contract

Samples: www.activelifestyletours.com

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Attorneys’ Fees and Costs. If any In the event that either Party seeks to enforce this Agreement by way of legal action or other proceeding the matter is brought placed in connection with this Agreementthe hands of an attorney, then the successful or prevailing Party, if any, Party shall be entitled to recover reasonable its attorneys' fees and other related costs, in addition to any other relief to which that Party is entitled. In the event that it is the subject of dispute, the court or trier shall determine the amount of fact who presides over such legal action or proceeding is empowered fees and allow recovery to determine which Party, if any, is said prevailing Party in entering a judgment. The Parties agree that entitlement to attorneys' fees by the prevailing party in accordance with Party under this provisionAgreement shall be deemed to include all appellate attorneys' fees.

Appears in 1 contract

Samples: Independent Reseller Agreement (Energy Edge Technologies Corp.)

Attorneys’ Fees and Costs. If any legal action or other proceeding is brought for the enforcement of this Agreement or in connection with any other matter related to this Agreement, the successful or prevailing Party, if any, party shall be entitled to recover its reasonable attorneys' fees and other related costs, costs incurred in connection with such action or proceeding in addition to any other relief to which that Party is such party may be entitled. In the event that it is the subject of dispute, the court or trier of fact who presides over such legal action or proceeding is empowered to determine which Party, if any, is the prevailing party in accordance with this provision.

Appears in 1 contract

Samples: Services and Facilities Agreement (Playboy Enterprises Inc)

Attorneys’ Fees and Costs. If any legal action this Agreement gives rise to a lawsuit or other proceeding is brought in connection with this Agreementlegal proceedings between any of the parties hereto, the successful or prevailing Party, if any, party shall be entitled to recover court costs, necessary disbursements (including expert witnesses’ fees) and reasonable attorneys' fees and other related costs’ fees, in addition to any other relief to which that Party is such party may be entitled. In the event that it is the subject of dispute, the court or trier of fact who presides over such legal action or proceeding is empowered to determine which Party, if any, is the prevailing party in accordance with this provision.

Appears in 1 contract

Samples: Consulting Agreement (International Consolidated Companies, Inc.)

Attorneys’ Fees and Costs. If any legal action or other proceeding is brought in connection with this Agreement, the successful or prevailing Party, if any, party shall be entitled to recover reasonable attorneys' fees and other related costs, in addition to any other relief to which that Party party is entitled. In the event that it is the subject of dispute, the court or trier of fact who presides over such legal action or proceeding is empowered to determine which Party, if any, is the prevailing party in accordance with this provision.

Appears in 1 contract

Samples: Shareholder Indemnification and Hold Harmless Agreement for Storage of Personal Items

Attorneys’ Fees and Costs. If any legal action or other proceeding is brought in connection with this Agreement, the successful or prevailing Party, if any, shall be entitled to recover reasonable attorneys' attorney’s fees and other related costs, in addition to any other relief to which that Party is entitled. In the event that it is the subject of dispute, the court or trier of fact who presides over such legal action or proceeding is empowered to determine which Party, if in any, is the prevailing party in accordance with this provision.

Appears in 1 contract

Samples: Holds Harmless Agreement

Attorneys’ Fees and Costs. If The prevailing party in any legal action proceeding brought to enforce or other proceeding is brought in connection with interpret any provision of this Agreement, the successful or prevailing Party, if any, Agreement shall be entitled to recover its reasonable attorneys' fees fees, costs and disbursements incurred in connection with such proceeding, including but not limited to the costs of experts, accountants and consultants and all other costs and services reasonably related coststo the proceeding, including those incurred in addition to any other relief to which that Party is entitled. In bankruptcy or appeal, jointly and severally, from the event that it is the subject of dispute, the court nonprevailing party or trier of fact who presides over such legal action or proceeding is empowered to determine which Party, if any, is the prevailing party in accordance with this provisionparties.

Appears in 1 contract

Samples: Employment Agreement (Trinet Employer Group Inc)

Attorneys’ Fees and Costs. If any legal action or other proceeding is brought in connection with this Agreement, the successful or prevailing Party, if any, shall be entitled to recover reasonable attorneys' fees and other related costs, in addition to any other relief to which that Party is entitled. In the event that it is the subject of dispute, the court or trier of fact who presides over such legal action or proceeding is empowered to determine which Party, if any, is the prevailing party in accordance with this provision.. Page 14 of 15 Sustain the Change Program Application/Agreement

Appears in 1 contract

Samples: Hold Harmless Agreement

Attorneys’ Fees and Costs. If In the event that any legal action or other proceeding is brought in connection with to enforce or interpret any of the rights or obligations under provisions of this Agreement, the successful or prevailing Party, if any, party shall be entitled to recover reasonable attorneys' fees ’ fees, costs and other related costs, disbursements in addition to any other relief to which that Party is entitled. In the event that it is prevailing party may be entitled whether or not the subject of dispute, the court or trier of fact who presides over such legal action or proceeding is empowered proceeds to determine which Party, if any, is the prevailing party in accordance with this provisionfinal judgment.

Appears in 1 contract

Samples: Master Distributorship Agreement (Biolargo, Inc.)

Attorneys’ Fees and Costs. If it becomes necessary for one of the Parties to engage an attorney (or attorneys) to enforce any legal action one or other proceeding is brought in connection with more of the provisions of this Agreement, the successful or prevailing Party, if any, party in any resulting legal proceeding shall be entitled to recover its actual expenses, including but not limited to reasonable attorneys' fees and other related costsrecoverable costs incurred in connection with such proceeding, in addition to any other further relief to which that Party is it may be entitled. In the event that it is the subject of dispute, the court or trier of fact who presides over such legal action or proceeding is empowered to determine which Party, if any, is the prevailing party in accordance with this provision.

Appears in 1 contract

Samples: Condemnation Settlement Agreement

Attorneys’ Fees and Costs. If any legal action or other proceeding is brought in connection with to enforce or interpret the terms of this Agreement, the successful party which substantially prevails in such action or prevailing Party, if any, proceeding shall be entitled to recover reasonable its costs and expenses incurred in connection therewith, including without limitation attorneys' fees fees, costs and other related costs, in addition to any other relief to which that Party is entitled. In the event that it is the subject of dispute, the court or trier of fact who presides over such legal action or proceeding is empowered to determine which Party, if any, is the prevailing party in accordance with this provisiondisbursements.

Appears in 1 contract

Samples: Merger and Exchange Agreement (Commtouch Software LTD)

Attorneys’ Fees and Costs. If any legal action or other proceeding is brought for the enforcement of this Agreement or in connection with any other matter related to this Agreement, the successful or prevailing Party, if any, party shall be entitled to recover its reasonable attorneys' fees and other related costs, costs incurred in connection with such action or proceeding in addition to any other relief to which that Party is such party may be entitled. In the event that it is the subject of dispute, the court or trier of fact who presides over such legal action or proceeding is empowered to determine which Party, if any, is the prevailing party in accordance with this provision.

Appears in 1 contract

Samples: Services and Facilities Agreement (Playboy Enterprises Inc)

Attorneys’ Fees and Costs. If any legal action or other proceeding is brought in connection with this Agreement, the successful or prevailing Party, if any, shall be entitled to recover reasonable attorneys' fees and other related costs, in addition to any other relief to which that Party is entitled. In the event that it is the subject of dispute, the court or trier of fact who presides over such legal action or proceeding is empowered to determine which Party, if any, is the prevailing party in accordance with this provision.

Appears in 1 contract

Samples: Hold Harmless Agreement

Attorneys’ Fees and Costs. If In the event that any legal action or other proceeding is brought in connection with to enforce or interpret any of the rights or obligations under provisions of this Agreement, the successful or prevailing Party, if any, party shall be entitled to recover reasonable attorneys' fees fees, costs and other related costs, disbursements in addition to any other relief to which that Party is entitled. In the event that it is prevailing party may be entitled whether or not the subject of dispute, the court or trier of fact who presides over such legal action or proceeding is empowered proceeds to determine which Party, if any, is the prevailing party in accordance with this provisionfinal judgment.

Appears in 1 contract

Samples: Marketing and Licensing Agreement (Nuway Medical Inc)

Attorneys’ Fees and Costs. If any legal action or other proceeding is brought in connection with this Agreement, the successful or prevailing Party, if any, shall be entitled to recover reasonable attorneys' fees and other related costs, in addition to any other relief to which that Party is entitled. In the event that it is the subject of dispute, the court or trier of fact who presides over such legal action or proceeding is empowered to determine which Party, if any, is the prevailing party in accordance with this provisionprovision and as to which Party is to pay fees and expenses.

Appears in 1 contract

Samples: Indemnity Agreement

Attorneys’ Fees and Costs. If any legal action or other proceeding is brought in connection with to enforce this Agreement, the successful or prevailing Party, if any, shall be entitled to recover reasonable attorneys' fees and other related costs, in addition to any other relief to which that Party is entitledentitled to for breach of the terms of this Agreement. In the event that it is the subject of dispute, the court or trier of fact who presides over such legal action or proceeding is empowered to determine which Party, if any, is the prevailing party in accordance with this provision. In no event will there be a trial by jury.

Appears in 1 contract

Samples: Participant Agreement

Attorneys’ Fees and Costs. If any legal action this Agreement gives rise to a lawsuit or other legal proceeding is brought in connection with this Agreementbetween any of the parties hereto, the successful or prevailing Party, if any, party shall be entitled to recover court costs, necessary disbursements (including expert witnesses' fees) and reasonable attorneys' fees and other related costsfees, in addition to any other relief to which that Party is such party may be entitled. In the event that it is the subject of dispute, the court or trier of fact who presides over such legal action or proceeding is empowered to determine which Party, if any, is the prevailing party in accordance with this provision.

Appears in 1 contract

Samples: Management Consulting Agreement (Condor Capital Inc)

Attorneys’ Fees and Costs. If any legal action or other proceeding is brought in connection with this Agreement, the successful or prevailing Party, if any, shall be entitled to recover reasonable attorneys' fees and other related costs, in addition to any other relief to which that Party is entitled. In the event that it is the subject of dispute, the court or trier of fact who presides over such legal action or proceeding is empowered to determine which Party, if any, is the prevailing party in accordance with this provision.

Appears in 1 contract

Samples: Hold Harmless Agreement

Attorneys’ Fees and Costs. If In any legal action or other proceeding is brought in connection with suit by either Party to this Agreement against another Party or Parties to this Agreement arising out of, or relating to, this Agreement, or pertaining to a declaration of rights under this Agreement, the successful or prevailing Party, if any, Party shall be entitled to have and recover from the other Party or Parties to the action or suit the prevailing Party’s reasonable attorneys' fees and other related costsall costs and expenses including, without limitation, those of expert witnesses in addition to any other relief to which that Party is entitled. In the event that it is the subject of dispute, the court or trier of fact who presides over such legal action or proceeding is empowered to determine which Party, if any, is the prevailing party in accordance with this provisionaction.

Appears in 1 contract

Samples: Settlement Agreement (Orbital Infrastructure Group, Inc.)

Attorneys’ Fees and Costs. If any legal party to this Agreement files a court action to enforce or other proceeding is brought interpret that party’s rights under this Agreement or in connection with any matter arising from this Agreement, then the successful or party deemed to be the prevailing Party, if any, party in that action shall be entitled to recover its/his costs of suit, including expert witness fees, and reasonable attorneys' fees and other related costs, incurred in addition to any other relief to which connection with that Party is entitled. In the event that it is the subject of dispute, the court or trier of fact who presides over such legal action or proceeding is empowered to determine which Party, if any, is the prevailing party in accordance with this provisionaction.

Appears in 1 contract

Samples: Services Agreement (Medical Discoveries Inc)

Attorneys’ Fees and Costs. If any legal action or other proceeding is brought in connection with for the enforcement of the provisions of this Agreement, Agreement ,the successful or prevailing Party, if any, shall party will be entitled to recover reasonable its attorneys' fees and costs, as well as all other related costscosts that it incurred in connection with the action, in addition to o any other relief to which that Party is entitled. In the event that it is the subject of dispute, the court or trier of fact who presides over such legal action or proceeding is empowered to determine which Party, if any, is the prevailing party in accordance with this provisionmay be entitled.

Appears in 1 contract

Samples: Consultation Agreement (Blackhawk Capital Group BDC Inc)

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