Attorneys’ Fees. If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees, costs and necessary disbursements in addition to any other relief to which such party may be entitled.
Appears in 90 contracts
Samples: Shareholders' Agreement (Medical Device Manufacturing, Inc.), Preferred Stock Purchase Agreement (Pricesmart Inc), Securities Purchase Agreement (Icm Asset Management Inc/Wa)
Attorneys’ Fees. If In any court action at law or in equity that is necessary brought by one of the Parties to this Agreement to enforce or interpret the terms provisions of this Agreement, the prevailing party shall Party will be entitled to reasonable attorneys' ’ fees, costs and necessary disbursements in addition to any other relief to which such party that Party may be entitled.
Appears in 83 contracts
Samples: Consulting Services Agreement (Jacksam Corp), Consulting Agreement (Organovo Holdings, Inc.), Transition Agreement (Linear Technology Corp /Ca/)
Attorneys’ Fees. If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys' ’ fees, costs and necessary disbursements in addition to any other relief to which such party may be entitled.
Appears in 75 contracts
Samples: Investors’ Rights Agreement (Sonendo, Inc.), Mineral Property Acquisition Agreement (Joshua Gold Resources Inc), Series B Preferred Stock Purchase Agreement (Pricesmart Inc)
Attorneys’ Fees. If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys' attorney's fees, costs and necessary disbursements in addition to any other relief to which such party may be entitled.
Appears in 69 contracts
Samples: Standstill Agreement (Rosetta Inpharmatics Inc), Registration Rights Agreement (Vista Medical Technologies Inc), Rights Agreement (Techwell Inc)
Attorneys’ Fees. If In any court action at law or in equity that is necessary brought by one of the parties to this Agreement to enforce or interpret the terms provisions of this Agreement, the prevailing party shall will be entitled to reasonable attorneys' ’ fees, costs and necessary disbursements in addition to any other relief to which such that party may be entitled.
Appears in 67 contracts
Samples: Consulting Agreement (Genocea Biosciences, Inc.), Consulting Agreement (Genocea Biosciences, Inc.), Consulting Agreement (Mosaic ImmunoEngineering Inc.)
Attorneys’ Fees. If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees, costs and necessary disbursements disbursements, in addition to any other relief to which such party may be entitled.
Appears in 63 contracts
Samples: Voting Agreement (Par Pharmaceutical Companies, Inc.), Voting Agreement Voting Agreement (Gundle SLT Environmental Inc), Voting Agreement (Peapod Inc)
Attorneys’ Fees. If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the substantially prevailing party shall will be entitled to reasonable attorneys' ’ fees, costs and necessary disbursements expenses in addition to any other relief to which such prevailing party may be entitled.
Appears in 52 contracts
Samples: License and Services Agreement, Employment Agreement (Chegg, Inc), Consulting Agreement (Volcon, Inc.)
Attorneys’ Fees. If any action at law or in equity is necessary should arise between the parties hereto to enforce or interpret the terms provisions of this Agreement, the prevailing party in such action shall be entitled to reimbursed for all reasonable expenses incurred in connection with such action, including reasonable attorneys' fees, costs and necessary disbursements in addition to any other relief to which such party may be entitled.
Appears in 35 contracts
Samples: Registration Rights Agreement (Big Flash Corp), Registration Rights Agreement (American Leisure Holdings Inc), Registration Rights Agreement (Superior Galleries Inc)
Attorneys’ Fees. If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys' ’ fees, costs and necessary disbursements in addition to any other relief to which such party may be entitled.
Appears in 34 contracts
Samples: Investors’ Rights Agreement (Honest Company, Inc.), Agreement and Plan of Merger (Rubicon Financial Inc), Stockholders’ Agreement (Exagen Diagnostics Inc)
Attorneys’ Fees. If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys' attorney’s fees, costs and necessary disbursements in addition to any other relief to which such party may be entitled.
Appears in 33 contracts
Samples: Registration Rights Agreement (Salton Inc), Registration Rights and Lockup Agreement (PMC Commercial Trust /Tx), Registration Rights Agreement (Novocure LTD)
Attorneys’ Fees. If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees, costs and necessary disbursements in addition to any other relief to which such party may be entitled.
Appears in 31 contracts
Samples: Registration Rights Agreement (PLX Technology Inc), Securities Merger Agreement (Viper Networks Inc), Securities Merger Agreement (Viper Networks Inc)
Attorneys’ Fees. If any action at law or in equity is necessary brought to enforce or interpret the terms of this AgreementAgreement (including through arbitration), the prevailing party shall be entitled to reasonable attorneys' ’ fees, costs costs, and necessary disbursements in addition to any other relief to which such party may be entitled.
Appears in 30 contracts
Samples: Intellectual Property Purchase Agreement (Odyssey Group International, Inc.), Sparta Commercial Services (Sparta Commercial Services, Inc.), Stock Option Agreement (Sparta Commercial Services, Inc.)
Attorneys’ Fees. If any In the event of action at law or pursued in equity is necessary court to enforce or interpret the terms of rights under this Agreement, the prevailing party shall be entitled to its costs and expenses, including reasonable attorneys' ’ fees, costs and necessary disbursements incurred in addition to any other relief to which connection with such party may be entitledaction.
Appears in 29 contracts
Samples: Development Agreement, Development Agreement, Development Agreement
Attorneys’ Fees. If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the substantially prevailing party shall will be entitled to reasonable attorneys' fees, costs and necessary disbursements expenses in addition to any other relief to which such prevailing party may be entitled.
Appears in 26 contracts
Samples: Consulting Agreement (Accuray Inc), Consulting Agreement, Consulting Agreement
Attorneys’ Fees. If In the event of any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees, attorney’s fees and court costs and necessary disbursements in addition to any other relief to which such party may be entitled.
Appears in 24 contracts
Samples: Employment Agreement (Jammin Java Corp.), Employment Agreement (Jammin Java Corp.), Employment Agreement (Jammin Java Corp.)
Attorneys’ Fees. If In the event of any action at law law, equity or in equity is necessary under this Agreement to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees, ’ fees and court costs and necessary disbursements in addition to any other relief to which such party may be entitled, unless the action is one in which only a prevailing plaintiff is entitled to prevailing party fees and costs (such as a Title VII action).
Appears in 24 contracts
Samples: Employment Agreement (Sera Prognostics, Inc.), Employment Agreement (Sera Prognostics, Inc.), Employment Agreement (Sera Prognostics, Inc.)
Attorneys’ Fees. If In the event of any action at law or in equity is necessary to enforce or interpret the terms litigation arising out of this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees, costs and necessary disbursements in addition to any other relief to which such party may be entitledexpenses, including without limitation, attorneys’ fees.
Appears in 23 contracts
Samples: Hotel Management Agreement (Moody National REIT II, Inc.), Hotel Management Agreement (Moody National REIT I, Inc.), Hotel Management Agreement (Moody National REIT II, Inc.)
Attorneys’ Fees. If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall will be entitled to reasonable attorneys' ’ fees, costs and necessary disbursements in addition to any other relief to which such party may be entitled.
Appears in 23 contracts
Samples: Secured Convertible Note Purchase Agreement (bioAffinity Technologies, Inc.), Secured Convertible Note Purchase Agreement (bioAffinity Technologies, Inc.), Convertible Note Purchase Agreement (Professional Diversity Network, Inc.)
Attorneys’ Fees. If In the event of any action at law claim, demand or in equity is necessary suit arising out of or with respect to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable costs and attorneys' ’ fees, including any such costs and necessary disbursements in addition to any other relief to which such party may be entitledfees upon appeal.
Appears in 21 contracts
Samples: Executive Employment Agreement (Genprex, Inc.), Employment Agreement (Omniture, Inc.), Executive Employment Agreement (Allovir, Inc.)
Attorneys’ Fees. If The prevailing party in any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party including residents of Assisted Units, shall be entitled to reasonable attorneys' fees, costs and necessary disbursements ’ fees as determined by the trier of fact in addition to any other relief to which such party may be entitledthat forum.
Appears in 19 contracts
Samples: Regulatory Agreement, Regulatory Agreement, Regulatory Agreement
Attorneys’ Fees. If In the event of any action at law or in equity is necessary to enforce or interpret for the terms breach of this Agreement, the prevailing party shall be entitled to reasonable attorneys' ’ fees, costs and necessary disbursements expenses incurred in addition to any other relief to which connection with such party may be entitledaction.
Appears in 19 contracts
Samples: Executive Employment Agreement (MDxHealth SA), Employment Agreement (Fogo De Chao, Inc.), Employment Agreement (Reign Sapphire Corp)
Attorneys’ Fees. If any legal action at law or in equity (including arbitration) is necessary to enforce or interpret the terms and conditions of this Agreement, the prevailing party Party shall be entitled to reasonable attorneys' fees, costs and necessary disbursements in addition to any other relief to which such party may be entitledreasonable attorney’s fees.
Appears in 18 contracts
Samples: Asset Purchase Agreement (Oxford Media, Inc.), Agreement and Plan of Merger (Becoming Art Inc), Agreement and Plan of Merger (Becoming Art Inc)
Attorneys’ Fees. If In the event of any action at law or in equity is necessary to enforce or interpret the terms litigation arising out of this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees, costs ’ fees and necessary disbursements in addition to any other relief to which such party may be entitledcosts.
Appears in 18 contracts
Samples: Purchase and Sale Agreement (Hartman Short Term Income Properties XX, Inc.), Purchase and Sale Agreement (FSP Phoenix Tower Corp), Purchase and Sale Agreement (FSP 50 South Tenth Street Corp)
Attorneys’ Fees. If The prevailing party in any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party Agreement shall be entitled to receive its reasonable attorneys' fees, court costs and necessary disbursements attorneys fees in addition to any other relief to which such party may be entitleddamages.
Appears in 17 contracts
Samples: Network Appliance, Network Appliance, www-origin.netapp.com
Attorneys’ Fees. If In any action at law or in equity is necessary to enforce or interpret any of the terms provisions of this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees, ’ fees and costs of investigation and necessary disbursements in addition to any other relief to which such party may be entitledlitigation.
Appears in 17 contracts
Samples: Noncompete Agreement (Array Biopharma Inc), Noncompete Agreement (Nivalis Therapeutics, Inc.), Employment Agreement (Nivalis Therapeutics, Inc.)
Attorneys’ Fees. If any action at law or in equity is necessary to enforce or interpret the terms of this the Agreement, the prevailing party shall Party will be entitled to reasonable attorneys' ’ fees, costs and necessary disbursements in addition to any other relief to which such party that Party may be entitled.
Appears in 17 contracts
Samples: Shiga Facility Lease Agreement (Via Optronics AG), Ip License Agreement (Via Optronics AG), Framework Agreement (Via Optronics AG)
Attorneys’ Fees. If any action at law or in equity (including arbitration) is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys' attorney's fees, costs and necessary disbursements in addition to any other relief to which such party may be entitled.
Appears in 16 contracts
Samples: Investors' Rights Agreement (Vixel Corp), Strategic Alliance Agreement (Printcafe Inc), Common Stock Purchase Agreement (Emerge Interactive Inc)
Attorneys’ Fees. If any action at law or in equity legal proceeding is necessary to enforce or interpret the terms of this Agreement, or to recover damages for breach therefore, the prevailing party shall be entitled to reasonable attorneys' attorney's fees, as well as costs and necessary disbursements disbursements, in addition to any other relief to which such party he or it may be entitled.
Appears in 16 contracts
Samples: Employment Agreement (Salem Media Group, Inc. /De/), Employment Agreement (Salem Media Group, Inc. /De/), Employment Agreement (Salem Communications Corp /De/)
Attorneys’ Fees. If The prevailing party in any action at law or in equity is necessary proceeding brought to enforce or interpret the terms provisions of this Agreement, the prevailing party Agreement shall be entitled to an award of reasonable attorneys' fees, fees and costs incurred at both the trial and necessary disbursements appellate levels incurred in addition to any other relief to which such party may be entitledenforcing its rights hereunder.
Appears in 15 contracts
Samples: Stock Purchase Agreement (Brown & Brown Inc), Stock Purchase Agreement (Brown & Brown Inc), Stock Purchase Agreement (Brown & Brown Inc)
Attorneys’ Fees. If any action at law or in equity legal proceeding is necessary brought to enforce or interpret the terms of this Agreement, the prevailing party shall will be entitled to reasonable attorneys' fees, costs costs, and necessary disbursements in addition to any other relief to which such that party may be entitled.
Appears in 15 contracts
Samples: Employment Agreement (Anchor Gaming), Agreement (Anchor Gaming), Stock Option Agreement (Anchor Gaming)
Attorneys’ Fees. If In the event of any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees, attorney's fees and court costs and necessary disbursements in addition to any other relief to which such party may be entitled.
Appears in 15 contracts
Samples: Employment Agreement (Cimetrix Inc), Employment Agreement (Paradigm Medical Industries Inc), Cimetrix Incorporated Employment Agreement (Cimetrix Inc)
Attorneys’ Fees. If any legal or equitable action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees, costs and necessary disbursements fees in addition to any other relief to which such that party may be entitled. This provision shall be construed as applicable to the entire Agreement.
Appears in 14 contracts
Samples: Contract for Investment Banking Services (Avalon Energy Corp.), Development and Hosting Agreement (Rapid Bio Tests Corp), Investment Banking Services (2u Online Com Inc)
Attorneys’ Fees. If any action at law or in equity is necessary court proceedings are required to enforce or interpret the terms any provision of this Agreement, the substantially prevailing party or successful Party shall be entitled to an award of the reasonable and necessary expenses of litigation, including reasonable attorneys' ’ fees, costs and necessary disbursements in addition to any other relief to which such party may be entitled.
Appears in 14 contracts
Samples: Revised And (Ideal Power Inc.), Employment Agreement (Ideal Power Inc.), Employment Agreement (Ideal Power Inc.)
Attorneys’ Fees. If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to receive from the other its reasonable attorneys' fees, costs costs, and necessary disbursements in addition to any other relief to which such party may be entitled.
Appears in 13 contracts
Samples: Agreement and Plan of Merger (Homeseekers Com Inc), Registration Rights Agreement (Homeseekers Com Inc), Agreement and Plan of Merger (Homeseekers Com Inc)
Attorneys’ Fees. If any action at law or in equity (including arbitration) is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys' attorney’s fees, costs and necessary disbursements in addition to any other relief to which such party may be entitled.
Appears in 13 contracts
Samples: Note and Warrant Purchase Agreement (Stereotaxis, Inc.), Stock Purchase Agreement (Veriteq), License Agreement (POSITIVEID Corp)
Attorneys’ Fees. If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys' ’ fees, costs and necessary disbursements disbursements, in addition to any other relief to which such the prevailing party may be is entitled.
Appears in 13 contracts
Samples: Merger Agreement (FNB Bancorp/Ca/), Agreement and Plan of Merger and Reorganization (Southern California Bancorp \ CA), Agreement and Plan of Merger and Reorganization (Heritage Commerce Corp)
Attorneys’ Fees. If In the event of any action at law or in equity is necessary dispute with respect to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees, ’ fees and other costs and necessary disbursements expenses incurred in addition to any other relief to which resolving such party may be entitleddispute.
Appears in 12 contracts
Samples: Cloud License Agreement, Cloud License Agreement, Cloud License Agreement
Attorneys’ Fees. If In any action at law or in equity is necessary to enforce or interpret the terms of proceeding arising out this Agreement, the prevailing party or parties shall be entitled to reasonable attorneys' attorney’s fees, costs and necessary disbursements in addition to any other relief to which such party may be entitled.
Appears in 12 contracts
Samples: Assessment Security Agreement, Assessment Security Agreement, Security Agreement
Attorneys’ Fees. If In any action at law or in equity is necessary to enforce or interpret the terms of dispute involving this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees, costs ’ fees and necessary disbursements in addition to any other relief to which such party may be entitledcosts.
Appears in 12 contracts
Samples: Employment Agreement (EdgeWave, Inc.), Employment Agreement (Genius Products Inc), Employment Agreement (St. Bernard Software, Inc.)
Attorneys’ Fees. If any action at law or in equity (including arbitration) is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys' attorney's fees, costs and necessary disbursements in addition to any other relief to which such party it may be entitled.
Appears in 11 contracts
Samples: Stock Purchase Agreement (Asi Technology Corp), Stock Purchase Agreement (North American Oil & Gas Corp.), Stock Purchase Agreement (North American Oil & Gas Corp.)
Attorneys’ Fees. If any action at law or in equity (including arbitration) is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall will be entitled to reasonable attorneys' ’ fees, costs costs, and necessary disbursements in addition to any other relief to which such the party may be entitled. Each party shall pay all costs and expenses that it incurs with respect to the negotiation, execution, delivery, and performance of the Agreement.
Appears in 11 contracts
Samples: Series C Conversion Agreement (NowRx, Inc.), Preferred Stock Investment Agreement, Series Seed Preferred Stock Subscription Agreement
Attorneys’ Fees. If any action at law or in equity (including mediation or ADR) is necessary to enforce or interpret the terms of this Agreement, Agreement the prevailing party Party shall be entitled to reasonable attorneys' ’ fees, costs and necessary disbursements in addition to any other relief to which such party Party may be entitled.
Appears in 11 contracts
Samples: Mea Purchase Agreement (Hoku Scientific Inc), Mea Purchase Agreement (Hoku Scientific Inc), Mea Engineering Agreement (Hoku Scientific Inc)
Attorneys’ Fees. If any action at law or in equity is necessary to enforce or interpret the terms of this AgreementAgreement or any other agreement or document to be executed or delivered pursuant hereto, the prevailing party shall be entitled to reasonable attorneys' fees, costs costs, and necessary disbursements in addition to any other relief to which such party may be entitled.
Appears in 11 contracts
Samples: Investors’ Rights Agreement (Vincera, Inc.), Rights Agreement (Exploration Co of Delaware Inc), Investors’ Rights Agreement (Vincera, Inc.)
Attorneys’ Fees. If In the event of any action at law or in equity is necessary to enforce or interpret the terms litigation arising out of this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees, costs fees and necessary disbursements in addition to any other relief to which such party may be entitledcosts.
Appears in 11 contracts
Samples: Purchase and Sale Agreement (HC Government Realty Trust, Inc.), Purchase and Sale Agreement, Agreement of Purchase and Sale of Partnership Interest (Griffin Land & Nurseries Inc)
Attorneys’ Fees. If The prevailing party in any action at law or in equity is necessary suit brought to enforce or interpret the terms of its rights under this Agreement, the prevailing party shall Agreement will be entitled to reasonable attorneys' fees, costs ’ fees and necessary disbursements in addition to any other relief to which such party may be entitledcosts.
Appears in 10 contracts
Samples: Asset Purchase Agreement (ConforMIS Inc), Consulting Agreement (MIKOJO Inc), Consulting Agreement (MIKOJO Inc)
Attorneys’ Fees. If any action at law or in equity is necessary to enforce or interpret any of the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys' ’ fees, costs and necessary disbursements in addition to any other relief to which such party may be entitled.
Appears in 10 contracts
Samples: Rights Agreement (Axs One Inc), Registration Rights Agreement (Sigma Designs Inc), Investor Rights Agreement (Idt Corp)
Attorneys’ Fees. If either party to this Agreement is required to initiate or defend or made a party to any action at law or proceeding in equity is necessary to enforce or interpret the terms of any way connected with this Agreement, the prevailing party shall be entitled to reasonable attorneys' feesin such action or proceeding, costs and necessary disbursements in addition to any other relief which any be granted, whether legal or equitable, shall be entitled to which such party may be entitledreasonable attorney’s fees, whether or not the matter proceeds to judgment.
Appears in 9 contracts
Samples: City of Bell, City of Cypress, City of Rancho Palos Verdes Contract Services Agreement For
Attorneys’ Fees. If any action at law or in equity is necessary to enforce or interpret the terms of this Agreementagreement, the prevailing party shall be entitled to reasonable attorneys' feesfees and costs, costs and necessary disbursements in addition to any other relief to which such party he is or may be entitled. This provision shall be construed as applicable to the entire agreement.
Appears in 9 contracts
Samples: Registration Rights Agreement (Micro Media Solutions Inc), Registration Rights Agreement (Applied Voice Recognition Inc /De/), Registration Rights Agreement (Micro Media Solutions Inc)
Attorneys’ Fees. If In the event any action at law proceeding or in equity suit is necessary brought to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to all reasonable costs and expenses (including reasonable attorneys' ’ fees, costs and necessary disbursements in addition to any other relief to which ) incurred by such party may be entitledin connection with any action, suit or proceeding to enforce the other’s obligations under this Agreement.
Appears in 9 contracts
Samples: Asset Purchase Agreement (Griffin-American Healthcare REIT III, Inc.), Asset Purchase Agreement (Griffin-American Healthcare REIT III, Inc.), Purchase Agreement (Global Medical REIT Inc.)
Attorneys’ Fees. If it becomes necessary for any party to initiate legal action at law or in equity is necessary any other proceeding to enforce enforce, defend or interpret the terms of construe such party's rights or obligations under this Agreement, the prevailing party shall will be entitled to reasonable costs and expenses, including attorneys' feesfees and costs, costs incurred and necessary disbursements paid in addition to any other relief to which connection with such party may be entitledaction or proceeding.
Appears in 9 contracts
Samples: Registration Rights Agreement (Signature Group Holdings, Inc.), Registration Rights Agreement (StarTek, Inc.), Registration Rights Agreement (StarTek, Inc.)
Attorneys’ Fees. If In any action at law or in equity is necessary to enforce or interpret proceeding arising out of the terms interpretation of this AgreementContract, the prevailing party shall be entitled to reasonable attorneys' fees, costs ’ fees and necessary disbursements in addition to any other relief to which such party may be entitledcosts.
Appears in 9 contracts
Samples: Housing Authority, Sample Contract, Housing Authority
Attorneys’ Fees. If In any action at law or in equity is necessary to enforce or interpret the terms proceeding arising out of this AgreementContract, the prevailing party shall be entitled to reasonable attorneys' fees, costs ’ fees and necessary disbursements in addition to any other relief to which such party may be entitledcosts.
Appears in 9 contracts
Samples: Personal Services Contract, Small Business Enterprise Agreement, Small Business Enterprise Agreement
Attorneys’ Fees. If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys' attorney's fees, costs and necessary disbursements expenses in addition to any other relief to which such prevailing party may be entitled.
Appears in 9 contracts
Samples: Professional Services Agreement (CS Financing CORP), Professional Services Agreement (CS Financing CORP), Confidential Treatment (Infodata Systems Inc)
Attorneys’ Fees. If any action at law or in equity is necessary In the event of a dispute with respect to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to its reasonable attorneys' fees, attorney's fees and other costs and necessary disbursements expenses incurred in addition to any other relief to which litigating or otherwise resolving or settling such party may be entitleddispute.
Appears in 9 contracts
Samples: Business Consultant Agreement (Trend Mining Co), Consulting Agreement (Colmena Corp), Consulting Agreement (Colmena Corp)
Attorneys’ Fees. If In the event any action at law or in equity is necessary party files suit to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees, attorney’s fees and costs and necessary disbursements in addition to any other relief to which such party may be entitledof suit.
Appears in 9 contracts
Samples: Interlocal Agreement, Interlocal Cooperative Agreement, Interlocal Cooperative Agreement
Attorneys’ Fees. If In the event of any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees, ’ fees and court costs and necessary disbursements in addition to any other relief to which such party may be entitled.
Appears in 9 contracts
Samples: Services Agreement (Park City Group Inc), Employment Agreement (Park City Group Inc), Services Agreement (Xelr8 Holdings, Inc.)
Attorneys’ Fees. If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys' attorney's fees, costs and necessary disbursements disbursements, in addition to any other relief to which such party may be entitled.
Appears in 9 contracts
Samples: Shareholders' Rights Agreement (Displaytech Inc), Shareholders' Rights Agreement (Displaytech Inc), Shareholders' Rights Agreement (Displaytech Inc)
Attorneys’ Fees. If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the The prevailing party shall be entitled to reasonable costs and expenses (including, without limitation, reasonable attorneys' fees, costs fees and necessary disbursements disbursements) in addition connection with any legal action to interpret or enforce any other relief to which such party may be entitledprovision of this Agreement or for any breach of this Agreement.
Appears in 9 contracts
Samples: Severance Agreement (Old National Bancorp /In/), Severance Agreement (Old National Bancorp /In/), Employment Agreement (National Bank of Indianapolis Corp)
Attorneys’ Fees. If any action at law or in equity legal proceeding is necessary to enforce or interpret the terms of this Agreement, or to recover damages for breach therefore, the prevailing party shall be entitled to reasonable attorneys' attorney’s fees, as well as costs and necessary disbursements disbursements, in addition to any other relief to which such party may be entitled.
Appears in 8 contracts
Samples: Executive Employment Agreement (ATC Technology CORP), Executive Employment Agreement (ATC Technology CORP), Executive Employment Agreement (ATC Technology CORP)
Attorneys’ Fees. If In any action at law or in equity is necessary proceeding (including any appeals) brought to enforce or interpret the terms any provision of this Agreement, the prevailing party shall will be entitled to reasonable attorneys' fees, costs attorney’s fees and necessary disbursements in addition to any other relief to which such party may be entitledcosts.
Appears in 8 contracts
Samples: Employment Agreement (Fluent, Inc.), Employment Agreement (Cogint, Inc.), Employment Agreement (Cogint, Inc.)
Attorneys’ Fees. If any action at law or in equity legal proceeding is necessary to enforce or interpret the terms of this Agreement, or to recover damages for breach of this Agreement, the prevailing party shall be entitled to reasonable attorneys' attorney fees, as well as costs and necessary disbursements disbursements, in addition to any other relief to which such the prevailing party may be entitled.
Appears in 8 contracts
Samples: Key Executive Employment Agreement (Cyberdefender Corp), Key Executive Employment Agreement (Cyberdefender Corp), Key Executive Employment Agreement (Cyberdefender Corp)
Attorneys’ Fees. If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees, costs costs, and necessary disbursements expenses in addition to any other relief to which such prevailing party may be entitled.
Appears in 8 contracts
Samples: Change of Control and Restrictive Covenant Agreement (PRG Schultz International Inc), Control and Restrictive Covenant Agreement (PRG Schultz International Inc), Change of Control and Restrictive Covenant Agreement (PRG Schultz International Inc)
Attorneys’ Fees. If any party brings any suit, action at law or in equity is necessary claim to enforce or interpret the terms provisions of this Agreement, the prevailing party shall be entitled to seek reasonable attorneys' fees, costs ’ fees and necessary disbursements litigation expenses in addition to any other relief to which such party may be entitledcourt costs.
Appears in 8 contracts
Samples: Employment Agreement (Professional Diversity Network, Inc.), Employment Agreement (Professional Diversity Network, Inc.), Employment Agreement (Professional Diversity Network, Inc.)
Attorneys’ Fees. If any legal action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees, costs and necessary disbursements fees in addition to any other relief to which such that party may be entitled. This provision shall be construed as applicable to the entire Agreement.
Appears in 8 contracts
Samples: Compuassistant Website Hosting Agreement, Software Development and Purchase Agreement (Digiblue Media Inc), Website and Database Development Agreement (Full Circle Promotions Inc)
Attorneys’ Fees. If any In the event that either party must institute legal action at law or in equity is necessary to enforce or interpret compel the other to comply with the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees, costs fees and necessary disbursements in addition to any other relief to which such party may be entitledcosts.
Appears in 8 contracts
Samples: Employment Agreement (Patriot Scientific Corp), Employment Agreement (American Technology Corp /De/), Employment Agreement (American Technology Corp /De/)
Attorneys’ Fees. If any action at law or in equity legal proceeding is necessary to enforce or interpret the terms of this AgreementAgreement or to recover damages for breach hereof, the prevailing party shall be entitled to reasonable attorneys' fees, attorney's fees as well as costs and necessary disbursements in addition to any other relief to which such party he or it may be entitled.
Appears in 8 contracts
Samples: Employment Agreement (McKenzie Bay International), Employment Agreement (McKenzie Bay International), Employment Agreement (McKenzie Bay International)
Attorneys’ Fees. If any action at law or in equity (including arbitration) is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys' ’ fees, costs and necessary disbursements in addition to any other relief to which such party may be entitled.
Appears in 8 contracts
Samples: Rights Agreement (Hoku Scientific Inc), Investors’ Rights Agreement (Vividion Therapeutics, Inc.), Stock Purchase Agreement (TripBorn, Inc.)
Attorneys’ Fees. If any action at law litigation or in equity arbitration is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall will be entitled to reasonable attorneys' fees, costs fees and necessary disbursements in addition to any other relief to which such party may be entitledcosts.
Appears in 8 contracts
Samples: Support Agreement, Software Maintenance, Support Agreement
Attorneys’ Fees. If any action at law or in equity is --------------- necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees, costs and necessary disbursements disbursements, in addition to any other relief to which such party may be entitled.
Appears in 8 contracts
Samples: Liquidity and Voting Agreement (Davel Communications Group Inc), Voting Agreement (Davel Communications Group Inc), Voting Agreement (Davel Communications Group Inc)
Attorneys’ Fees. If In any action at law or in equity is necessary to enforce or interpret any of the terms provisions of this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees, fees and costs of investigation and necessary disbursements in addition to any other relief to which such party may be entitledlitigation.
Appears in 7 contracts
Samples: Noncompete Agreement (Array Biopharma Inc), Noncompete Agreement (Array Biopharma Inc), Employment Agreement (Array Biopharma Inc)
Attorneys’ Fees. If it becomes necessary for any party to initiate legal action at law or in equity is necessary any other proceeding to enforce enforce, defend or interpret the terms of construe such party's rights or obligations under this Agreement, the prevailing party shall will be entitled to its reasonable costs and expenses, including attorneys' fees, costs and necessary disbursements incurred in addition to any other relief to which connection with such party may be entitledaction or proceeding.
Appears in 7 contracts
Samples: Executive Employment Agreement (United Road Services Inc), Executive Employment Agreement (United Road Services Inc), Executive Employment Agreement (United Road Services Inc)
Attorneys’ Fees. If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall will be entitled to reasonable attorneys' ’ fees, costs and necessary disbursements in addition to any other relief to which such party may be entitled. This provision does not override any provision in the Special Purpose Vehicle.
Appears in 7 contracts
Samples: Convertible Note Purchase Agreement, Convertible Note Purchase Agreement, Convertible Note Purchase Agreement
Attorneys’ Fees. If any party brings any action at law or in equity is necessary to enforce or interpret the terms any provisions of this Agreement, whether at law, in equity or otherwise, the prevailing party who substantially prevails in such action shall be entitled to reasonable attorneys' feesentitled, costs and necessary disbursements in addition to any other relief rights or remedies available to which him or it, to collect from the other party or parties the reasonable costs and expenses incurred in the investigation preceding such party may be entitledaction and the prosecution of such action, including but not limited to reasonable attorney’s fees.
Appears in 7 contracts
Samples: Intellectual Property License Agreement, Intellectual Property License Agreement, Intellectual Property License Agreement
Attorneys’ Fees. If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the substantially prevailing party shall will be entitled to reasonable attorneys' fees, ’ fees and costs and necessary disbursements in addition to any other relief to which such party may be entitled.
Appears in 7 contracts
Samples: Provider Master Service Agreement, Master Service Agreement, Master Service Agreement
Attorneys’ Fees. If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys' ’ fees, costs and necessary disbursements disbursements, in addition to any other relief to which such party may be entitled.
Appears in 7 contracts
Samples: Acquisition Agreement (First Community Bank Corp of America), Agreement and Plan of Merger (FCStone Group, Inc.), Voting Agreement and Proxy (Enterprise Products Partners L P)
Attorneys’ Fees. If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys' ’ fees, costs and necessary disbursements in addition to any other relief to which such party may be entitled. Each party shall pay all costs and expenses that it incurs with respect to the negotiation, execution, delivery and performance of the Agreement.
Appears in 7 contracts
Samples: Assignment Agreement (Punch Trust), Implementation Agreement (Sacks Bradley J.), Assignment Agreement (IPMD GmbH)
Attorneys’ Fees. If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys' ’ fees, costs and necessary disbursements in addition to any other relief to which such party may be entitledentitled as determined by such court or proceeding.
Appears in 7 contracts
Samples: Registration Rights Agreement (AutoGenomics, Inc.), Registration Rights Agreement (AutoGenomics, Inc.), Registration Rights Agreement (AutoGenomics, Inc.)
Attorneys’ Fees. If any action at law or in equity is necessary to enforce or interpret the terms of this AgreementAgreement or the other Related Documents, the prevailing party shall be entitled to reasonable attorneys' fees, costs and necessary disbursements in addition to any other relief to which such party may be entitled.
Appears in 7 contracts
Samples: Common Stock Purchase Agreement (Icm Asset Management Inc/Wa), Stock and Warrant Purchase Agreement (Westcliff Capital Management LLC/Ca), Common Stock Purchase Agreement (Elite Logistics Inc)
Attorneys’ Fees. If either party to this Agreement is required to initiate or defend or made a party to any action at law or proceeding in equity is necessary to enforce or interpret the terms of any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which may be granted, shall be entitled to reasonable attorneys' ’ fees, whether or not the matter proceeds to judgment, and to all other reasonable costs for investigating such action, taking depositions and discovery, including all other necessary disbursements costs the court allows which are incurred in addition to any other relief to which such party may be entitledlitigation.
Appears in 6 contracts
Samples: Professional Services Agreement, Professional Services Agreement, Professional Services Agreement
Attorneys’ Fees. If In the event of any action at law for breach of or in equity is necessary to enforce or interpret the terms declare rights under any provision of this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees’ fees and costs, costs and necessary disbursements in addition to any other relief to which such party may be entitledpaid by the losing party.
Appears in 6 contracts
Samples: Limited Liability Company Agreement (Waitlist, LLC), Limited Liability Company Agreement (Waitlist, LLC), Limited Liability Company Agreement (35, LLC)
Attorneys’ Fees. If In any action at law or in equity is necessary brought to enforce or interpret the terms and conditions of this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees, costs and necessary disbursements in addition to any other relief to which such party may be entitledremedies, its reasonable attorneys fees incurred in the prosecution or defense of the action.
Appears in 6 contracts
Samples: License Agreement (Innovative Medical Services), , Licensing and Distribution Agreement (Innovative Medical Services), , Licensing and Distribution Agreement (Innovative Medical Services)
Attorneys’ Fees. If In the event of any action at law or in equity is necessary to enforce or interpret the terms disputes arising out of this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees, ’ fees and other fees and costs and necessary disbursements in addition to any other relief to which such party may be entitledrelated thereto.
Appears in 6 contracts
Samples: Executive Employment Agreement (Axesstel Inc), Executive Employment Agreement (Axesstel Inc), Executive Severance Compensation Agreement (Axesstel Inc)
Attorneys’ Fees. If either Party to this Agreement is required to initiate or defend or made a party to any action at law or proceeding in equity is necessary to enforce or interpret the terms of any way connected with this Agreement, the prevailing party shall be entitled to reasonable attorneys' feesin such action or proceeding, costs and necessary disbursements in addition to any other relief which any be granted, whether legal or equitable, shall be entitled to which such party may be entitledreasonable attorney’s fees and costs of suit, whether or not the matter proceeds to judgment.
Appears in 6 contracts
Samples: Agreement for Professional Services, Agreement for Professional Services, Agreement for Professional Services
Attorneys’ Fees. If any action at law or in equity is necessary brought to enforce or interpret the terms of this Agreementagreement, including collection of delinquent payment, the prevailing party shall be entitled to reasonable attorneys' attorney’s fees, costs and necessary disbursements in addition to any other relief to which such party it may be entitled.
Appears in 6 contracts
Samples: Participation Agreement, University Services Agreement, Ucd Agreement
Attorneys’ Fees. If any action at law or in equity is necessary to enforce or interpret the terms of this Subscription Agreement, the prevailing party shall will be entitled to reasonable attorneys' ’ fees, costs and necessary disbursements in addition to any other relief to which such party may be entitled.
Appears in 6 contracts
Samples: Subscription Agreement (Epien Medical, Inc.), Subscription Agreement (Arcimoto Inc), Subscription Agreement (SOS Hydration Inc.)
Attorneys’ Fees. If any legal action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys' attorney’s fees, costs and necessary disbursements in addition to any other relief to which such party may be entitled.
Appears in 6 contracts
Samples: Investors’ Rights Agreement (Glu Mobile Inc), Rights Agreement (PortalPlayer, Inc.), Preferred Stock Purchase Agreement (Glu Mobile Inc)
Attorneys’ Fees. If any legal action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys' ’ fees, costs reasonable expert witness fees, costs, and necessary disbursements in addition to any other relief to which such that party may be entitled.
Appears in 6 contracts
Samples: Consulting Services Agreement, Consulting Services Agreement, Consulting Services Agreement
Attorneys’ Fees. If any action at law or in equity is necessary taken to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys' ’ fees, costs and necessary disbursements in addition to any other relief to which such party may be entitled, including fees and expenses on appeal. In any dispute resolved through arbitration under Section 5.5, the arbitrator shall have sole discretion to determine whether or not fees, costs or disbursements shall be awarded to a party.
Appears in 6 contracts
Samples: Executive Severance Agreement (Planar Systems Inc), Executive Severance Agreement (Planar Systems Inc), Executive Severance Agreement (Planar Systems Inc)
Attorneys’ Fees. If In the event of any action at law or in equity is necessary to enforce or interpret the terms disputes arising out of this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees, fees and other fees and costs and necessary disbursements in addition to any other relief to which such party may be entitledrelated thereto.
Appears in 6 contracts
Samples: Consultant Services Agreement (GBS Enterprises Inc), Executive Employment Agreement (Asia Green Agriculture Corp), Executive Employment Agreement (Lenco Mobile Inc.)
Attorneys’ Fees. If any action at law or in equity (including, arbitration) is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys' ’ fees, costs and necessary disbursements in addition to any other relief to which such party may be entitled.
Appears in 6 contracts
Samples: Asset Purchase Agreement (Acelrx Pharmaceuticals Inc), Membership Interest Purchase Agreement (Corebridge Financial, Inc.), Series B Preferred Stock Purchase Agreement (Synchronoss Technologies Inc)
Attorneys’ Fees. If In the event of any action to enforce, interpret or construe this Agreement, in addition to any other relief to which it may be entitled at law or in equity is necessary to enforce or interpret the terms of this Agreementequity, the prevailing party shall be entitled to its reasonable costs incurred, including attorneys' fees’ fees and the costs of appeal, costs and necessary disbursements in addition to any other relief to which such party may be entitledif any.
Appears in 6 contracts
Samples: Stock Purchase Agreement (Scott's Liquid Gold - Inc.), Asset Purchase Agreement (Scott's Liquid Gold - Inc.), Asset Purchase Agreement (Scott's Liquid Gold - Inc.)
Attorneys’ Fees. If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys' attorney's fees, costs costs, and necessary disbursements disbursements, in addition to any other relief to which such party he or it may be entitled.
Appears in 6 contracts
Samples: Agreement of Employment (Eco Soil Systems Inc), Agreement of Employment (Eco Soil Systems Inc), Agreement of Employment (Eco Soil Systems Inc)
Attorneys’ Fees. If any legal action at law is brought to enforce, construe, interpret or in equity is necessary to enforce or interpret invalidate the terms of this Agreement, the prevailing party shall be entitled to all costs and expenses incurred in any such action, including court costs and reasonable attorneys' fees, costs and necessary disbursements in addition to any other relief to which such party may be entitled.
Appears in 6 contracts
Samples: Exclusive Negotiation Agreement, Negotiation Agreement, Negotiation Agreement
Attorneys’ Fees. If The prevailing party in any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party Agreement shall be entitled to receive its reasonable attorneys' fees, court costs and necessary disbursements attorney's fees in addition to any other relief to which such party may be entitleddamages.
Appears in 6 contracts
Samples: www.netapp.com, www.netapp.com, www.netapp.com
Attorneys’ Fees. If any legal action at law or in equity is shall be necessary to enforce any term, covenant or interpret the terms of condition contained in this Agreement, the prevailing party shall be entitled to an award of reasonable attorneys' fees, ’ fees and costs and necessary disbursements expended in addition to any other relief to which such party may be entitledthe action.
Appears in 5 contracts
Samples: Professional Services Agreement, Professional Services Agreement, Professional Services Agreement for Consultant Services
Attorneys’ Fees. If a Party institutes a legal action in any action at law or in equity is necessary court to enforce or interpret the terms of this Agreement, the prevailing party shall Party in such litigation shall, in addition to such other relief as the court may grant, be entitled to a reasonable award of attorneys' fees, costs ’ fees and necessary disbursements in addition to any other relief to which such party may be entitledcosts.
Appears in 5 contracts
Samples: Producer Agreement, Producer Agreement, Producer Agreement
Attorneys’ Fees. If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall will be entitled to reasonable attorneys' fees, costs and necessary disbursements in addition to any other relief to which such party may be entitled.
Appears in 5 contracts
Samples: Convertible Note Purchase Agreement (Guerrilla RF, Inc.), Payment Interest Purchase Agreement (Daybreak Oil & Gas, Inc.), Convertible Note Purchase Agreement (Daybreak Oil & Gas, Inc.)
Attorneys’ Fees. If In any court action at law or in equity which is necessary brought by one of the parties to enforce or interpret the terms provisions of this Agreement, the prevailing party shall will be entitled to reasonable attorneys' ’ fees, costs and necessary disbursements in addition to any other relief to which such that party may be entitled.
Appears in 5 contracts
Samples: Verity Master Agreement, General Terms, General Terms
Attorneys’ Fees. If any action at law or in equity is necessary brought to enforce or interpret the terms provisions of this Agreement, the prevailing party shall in such action will be entitled to its reasonable attorneys' fees’ fees and costs incurred, costs and necessary disbursements in addition to any other relief to which such party may be entitled.
Appears in 5 contracts
Samples: Separation and General Release Agreement (Dyntek Inc), Settlement and Release (Dyntek Inc), Conversion and Settlement Agreement (Dyntek Inc)
Attorneys’ Fees. If In the event of any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees, fees and court costs and necessary disbursements in addition to any other relief to which such party may be entitled.
Appears in 5 contracts
Samples: Services Agreement (Park City Group Inc), Employment Agreement (Park City Group Inc), Employment Agreement (Park City Group Inc)
