Common use of Attorneys’ Fees Clause in Contracts

Attorneys’ Fees. If any legal action or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default or misrepresentation in connection with any of the provisions of this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees and other costs incurred in that action or proceeding, in addition to any other relief to which it may be entitled.

Appears in 23 contracts

Samples: License Agreement (Opensite Technologies Inc), Stock Purchase Agreement (Cec Properties Inc), Stock Purchase Agreement (Galacticomm Technologies Inc)

AutoNDA by SimpleDocs

Attorneys’ Fees. If any legal action or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default or misrepresentation in connection with any of the provisions provision of this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees fees, court costs and other all expenses (including, without limitation, all such fees, costs and expenses incident to appellate, bankruptcy, post-judgment and alternative dispute resolution proceedings), incurred in that action or proceeding, in addition to any other relief to which it such party may be entitled.

Appears in 23 contracts

Samples: Investment Agreement (Ariel Way Inc), Investment Agreement (Torrent Energy Corp), Investment Agreement (Transax International LTD)

Attorneys’ Fees. If any legal action action, suit, arbitration or other proceeding is brought for the enforcement of this Agreement, Agreement is brought with respect to or because of an alleged dispute, breach, default or misrepresentation in connection with any of the provisions of this Agreementhereof, the successful or prevailing party shall be entitled to recover reasonable attorneys' fees and other costs incurred in that action or proceeding, in addition to any other relief to which it may be entitled.

Appears in 20 contracts

Samples: Asset Purchase Agreement (Radware LTD), Strategic Services Agreement (GigCapital2, Inc.), Strategic Services Agreement (GigCapital2, Inc.)

Attorneys’ Fees. If any legal action action, arbitration or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, breach or default or misrepresentation in connection with any of the provisions of this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees and other costs incurred as set forth in that action or proceeding, in addition to any other relief to which it may be entitledthe Employment Agreement.

Appears in 19 contracts

Samples: Employment Agreement (Sunstone Hotel Investors, Inc.), Employment Agreement (Thomas Properties Group Inc), Employment Agreement (Sunstone Hotel Investors, Inc.)

Attorneys’ Fees. If any legal action or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default default, or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party shall or parties will be entitled to recover reasonable attorneys' fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.

Appears in 16 contracts

Samples: Management Services Agreement (White Mountain Titanium Corp), Management Services Agreement (White Mountain Titanium Corp), Management Services Agreement (White Mountain Titanium Corp)

Attorneys’ Fees. If any legal action action, arbitration or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, breach or default or misrepresentation in connection with any of the provisions of this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees and other costs incurred in that action or proceeding, including any appeal of such action or proceeding, in addition to any other relief to which it that party may be entitled.

Appears in 16 contracts

Samples: Employment Agreement (Kilroy Realty, L.P.), Change in Control Severance Agreement (Stanley, Inc.), Employment Agreement (Kilroy Realty, L.P.)

Attorneys’ Fees. If any legal action or any arbitration or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default default, or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party shall or parties will be entitled to recover reasonable attorneys' fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.

Appears in 16 contracts

Samples: Agreement and Plan of Merger (PSM Holdings Inc), Agreement and Plan of Reorganization (Heatwurx, Inc.), Employment Agreement (PSM Holdings Inc)

Attorneys’ Fees. If any legal action or any arbitration or other proceeding is brought for the enforcement or interpretation of this Agreement, or because of an alleged dispute, breach, default or misrepresentation in connection with any of the provisions of or related to this Agreement, the successful or prevailing party shall be entitled to recover reasonable attorneys' fees and other costs incurred in connection with that action or proceeding, in addition to any other relief to which it or they may be entitled.

Appears in 15 contracts

Samples: Consulting Agreement (American Rare Earths & Materials, Corp.), Employment Agreement (Precious Investments, Inc.), Consulting Agreement (Arkados Group, Inc.)

Attorneys’ Fees. If In any legal action or other proceeding is brought for the enforcement of to enforce this Agreement, Agreement or because of an alleged dispute, breach, default the breach by any Party of any covenant or misrepresentation in connection with any of the provisions of this Agreementcondition herein contained, the prevailing party Party shall be entitled to recover reasonable attorneys' fees and other costs incurred in that action or proceeding, (including reasonably allocated fees of in-house counsel) in addition to court costs and any and all other relief to which it may be entitledcosts recoverable in said action.

Appears in 15 contracts

Samples: Power Purchase Agreement, Renewable Power Purchase Agreement, Energy Storage Agreement

Attorneys’ Fees. If any legal action action, arbitration or other proceeding is brought for the enforcement of this Agreement, or because of an any alleged dispute, breach, default or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party shall be entitled to recover reasonable attorneys' fees and other costs it incurred in that action or proceeding, in addition to any other relief to which it may be entitled.

Appears in 13 contracts

Samples: Employment Agreement (Fresh Healthy Vending International, Inc.), Employment Agreement (Fresh Healthy Vending International, Inc.), Indemnification Agreement (Commerce Energy Group Inc)

Attorneys’ Fees. If In the event any legal action claim, action, suit, proceeding, arbitration, complaint, charge or other proceeding investigation is brought for the enforcement in respect of this Agreement, Agreement or because of an alleged dispute, breach, default or misrepresentation in connection with any of the provisions of documents referred to in this Agreement, the prevailing party Party shall be entitled to recover reasonable attorneys' fees and other costs incurred in that action such claim, action, suit, proceeding, arbitration, complaint, charge or proceedinginvestigation, in addition to any other relief to which it such Party may be entitledentitled under applicable Law.

Appears in 13 contracts

Samples: Share Purchase Agreement (Pan Feng), Share Purchase Agreement (Xu Haohan), Share Purchase Agreement (JMU LTD)

Attorneys’ Fees. If any claim, legal action or any arbitration or other proceeding is brought for the enforcement of this Agreement, Agreement or because of an alleged a dispute, breach, default or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party shall be entitled to recover reasonable attorneys' fees and other costs incurred in that claim, action or proceeding, in addition to any other relief to which it such party may be entitled.

Appears in 12 contracts

Samples: Mortgage Loan Purchase Agreement (E Loan Inc), Assignment, Assumption and Recognition Agreement (HSI Asset Securitization CORP Trust 2007-Nc1), Authorized Signatories Agreement (E Loan Inc)

Attorneys’ Fees. If In the event any legal action or other proceeding is brought for the enforcement of this Agreement, to interpret or because of an alleged dispute, breach, default or misrepresentation in connection with any of the provisions of enforce this Agreement, the party prevailing party in such action shall be entitled to recover reasonable its attorneys' fees and other costs incurred in that action or proceeding, in addition to any other relief to which that it may be is entitled.

Appears in 12 contracts

Samples: Exchange Agreement (Koko Ltd.), Stock Exchange Agreement (Virtual Medical International, Inc.), Stock Exchange Agreement (Idle Media, Inc.)

Attorneys’ Fees. If any legal action or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default default, or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party shall or parties will be entitled to recover reasonable attorneys' fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or he may be entitled.

Appears in 12 contracts

Samples: Consulting Agreement (IIOT-OXYS, Inc.), Consulting Agreement (IIOT-OXYS, Inc.), Investor Relations Services Agreement (White Mountain Titanium Corp)

Attorneys’ Fees. If any legal action action, arbitration or other proceeding is brought for the enforcement of this Agreement, or because of an any alleged dispute, breach, default or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party shall be entitled to recover reasonable attorneys' fees and other costs it incurred in that action or proceeding, in addition to any other relief to which it may be entitled.

Appears in 11 contracts

Samples: Executive Employment Agreement (Second Sight Medical Products Inc), Executive Services Agreement (Film Department Holdings, Inc.), Executive Employment Agreement (Second Sight Medical Products Inc)

Attorneys’ Fees. If any legal action or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default default, or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party shall or parties will be entitled to recover reasonable attorneys' fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.

Appears in 10 contracts

Samples: Employment Agreement (Ultimate Sports Entertainment Inc), Promissory Notes Restructuring Agreement (Ultimate Sports Entertainment Inc), Consulting Agreement (Ultimate Sports Entertainment Inc)

Attorneys’ Fees. If any legal action or other proceeding any arbitration upon mutual agreement is brought for the enforcement of this Agreement, Agreement or because of an alleged dispute, breach, breach or default or misrepresentation in connection with any of the provisions of this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees and other costs and expenses incurred in that action or proceeding, in addition to any other relief to which it may be entitled.

Appears in 10 contracts

Samples: Agreement and Plan of Reorganization and Merger (Western Sierra Bancorp), Agreement and Plan of Reorganization and Merger (Bank Holdings), Shareholder’s Agreement (1st Pacific Bancorp)

Attorneys’ Fees. If any legal action or any arbitration or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover such reasonable attorneys' fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled, as may be ordered in connection with such proceeding.

Appears in 10 contracts

Samples: Stockholders Agreement (Nortek Inc), Registration Rights Agreement (Greentree Software Inc), Registration Rights Agreement (Network 1 Security Solutions Inc)

Attorneys’ Fees. If In the event any legal action or other proceeding is brought for the enforcement of this Agreement, to interpret or because of an alleged dispute, breach, default or misrepresentation in connection with any of the provisions of enforce this Agreement, the party prevailing party in such action shall be entitled to recover reasonable its attorneys' fees and other costs incurred in that action or proceeding, in addition to any other relief to which that it may be is entitled.

Appears in 10 contracts

Samples: Stock Exchange Agreement (Liberated Energy, Inc.), Stock Exchange Agreement (Liberated Energy, Inc.), Stock Exchange Agreement (Hydrocarb Energy Corp)

Attorneys’ Fees. If any legal action or arbitration or other proceeding is brought for to enforce or construe the enforcement term of this Agreement, Agreement or because of an alleged dispute, breach, breach or default or misrepresentation in connection with any of the provisions provision of this Agreement, the successful or prevailing party shall be entitled to recover reasonable attorneys' attorneys fees and other costs incurred in that action action, arbitration or proceeding, proceeding in addition to any other relief to which it may be entitled.

Appears in 9 contracts

Samples: Test Rental and Use Agreement, Test Rental and Use Agreement, Test Rental and Use Agreement

Attorneys’ Fees. If any legal action or other proceeding any arbitration upon --------------- mutual agreement is brought for the enforcement of this Agreement, Agreement or because of an alleged dispute, controversy, breach, or default or misrepresentation in connection with any of the provisions of this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees and other costs and expenses incurred in that action or proceeding, in addition to any other relief to which it may be entitled.

Appears in 9 contracts

Samples: Agreement and Plan of Reorganization (Greater Bay Bancorp), Agreement and Plan (Bay Commercial Services), Stock Purchase Agreement (Greater Bay Bancorp)

Attorneys’ Fees. If any legal action or other a proceeding is brought for the enforcement of this Agreement, Agreement or because of an any alleged or actual dispute, breach, default or misrepresentation in connection with any of the provisions of this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees and other costs and expenses incurred in that such action or proceeding, proceeding in addition to any other relief to which it such party may be entitled.

Appears in 9 contracts

Samples: Limited Use Software License Agreement, Limited Use Software License Agreement, Limited Use Software License Agreement

Attorneys’ Fees. If any legal action or any arbitration or other proceeding is brought for the enforcement or interpretation of this Agreement, or because of an alleged dispute, breach, default or misrepresentation in connection with any of the provisions of or related to this Agreement, the successful or prevailing party shall be entitled to recover reasonable attorneys' fees and other costs incurred in connection with that action or proceeding, in addition to any other relief to which it or they may be entitled.

Appears in 9 contracts

Samples: Consulting Agreement (Unico Inc /Az/), Independent Consulting Agreement (Arete Industries Inc), Consulting Agreement (Ecoark Holdings, Inc.)

Attorneys’ Fees. If In the event either party shall bring any legal action or other legal proceeding is brought for the enforcement an alleged breach of any provision of this AgreementAgreement or to enforce, protect or because establish any term or covenant of an alleged dispute, breach, default this Agreement or misrepresentation in connection with any right of the provisions of either party under this Agreement, the prevailing party shall be entitled to recover as part of such action or proceeding, or in a separate action brought for that purpose, reasonable attorneys' fees and other court costs incurred in that action or proceeding, in addition to any other relief to which it as may be entitledfixed by the court.

Appears in 8 contracts

Samples: Employment Agreement (Granite Construction Inc), Employment Agreement (Granite Construction Inc), Employment Agreement (Granite Construction Inc)

Attorneys’ Fees. If any legal action or other proceeding is brought for the enforcement of this Agreementagreement, or because of an alleged dispute, breach, default or misrepresentation a dispute in connection with any of the provisions of this Agreementits provisions, the prevailing party shall be is entitled to recover reasonable outside attorneys' fees and other costs incurred in that action or the proceeding, in addition to any other relief to which it may be entitled.

Appears in 8 contracts

Samples: Musècoin Token Sale Agreement, Term Purchase Agreement, Term Purchase Agreement

Attorneys’ Fees. If In the event any legal action or other proceeding is brought for the enforcement of this Agreement, commenced to enforce or because of an alleged dispute, breach, default or misrepresentation in connection with any of the interpret provisions of this Agreement, the prevailing party in any such legal action shall be entitled to recover its reasonable attorneys' attorney’s fees and other costs expenses incurred in that action or proceeding, in addition to any other relief to which it may be entitledby reason of such action.

Appears in 8 contracts

Samples: Economic Develoment Agreement, Economic Develoment Agreement, Economic Develoment Agreement

Attorneys’ Fees. If any legal action or other proceeding any arbitration is brought for the enforcement of this Agreement, Agreement or because of an alleged dispute, breach, breach or default or misrepresentation in connection with any of the provisions of this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees and other costs and expenses incurred in that action or proceeding, in addition to any other relief to which it may be entitled.

Appears in 8 contracts

Samples: Nonsolicitation Agreement (Central Valley Community Bancorp), Nonsolicitation Agreement (Central Valley Community Bancorp), Nonsolicitation Agreement (Service 1st Bancorp)

Attorneys’ Fees. If any a legal action or other proceeding is brought for the enforcement of this Agreement, or Employment Agreement because of an alleged dispute, breach, default default, or misrepresentation in connection with any of the provisions of this Employment Agreement, the successful or prevailing party shall be entitled to recover reasonable attorneys' fees and other costs incurred in that action or proceedingincurred, both before and after judgment, in addition to any other relief to which it they may be entitled.

Appears in 7 contracts

Samples: Employment Agreement (Intersil Corp/De), Employment Agreement (Cepheid), Confidential Separation Agreement and General (Cepheid)

Attorneys’ Fees. If any legal action or other proceeding any arbitration upon mutual agreement is brought for the enforcement of this Agreement, Agreement or because of an alleged dispute, controversy, breach, or default or misrepresentation in connection with any of the provisions of this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees and all other reasonable costs and expenses incurred in that action or proceeding, in addition to any other relief to which it may be entitled.

Appears in 7 contracts

Samples: Agreement and Plan of Merger (Community First Bankshares Inc), Agreement and Plan of Merger and Reorganization (Greater Bay Bancorp), Agreement and Plan of Merger (Sl Industries Inc)

Attorneys’ Fees. If Should any legal action or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default or misrepresentation in connection with be necessary to enforce any of the provisions of this AgreementAgreement or the various transactions contemplated hereby, the prevailing party shall or parties will be entitled to recover it or their actual reasonable attorneys' fees and other costs incurred in that expenses from the non-prevailing party or parties whose actions, or failure or omission to act, gave rise to such action or other proceeding, in addition to any other relief to which it may be entitled.

Appears in 7 contracts

Samples: Sub Management Agreement (Javelin Mortgage Investment Corp.), Sub Management Agreement (Javelin Mortgage Investment Corp.), Form of Sub Management Agreement (Armour Residential REIT, Inc.)

Attorneys’ Fees. If any legal action or other proceeding is brought for In the enforcement of event this Agreement, or because any provision therein, is enforced through or is the subject of an alleged dispute, breach, default a dispute resulting in litigation or misrepresentation in connection with any of the provisions of this Agreementarbitration, the prevailing party shall be entitled to recover reasonable attorneys' fees and other costs incurred in that action or proceedingits actual attorney’s fees, in addition to any other relief to which it may be entitledreasonably incurred.

Appears in 7 contracts

Samples: Buyer Brokerage Engagement Agreement, Buyer Brokerage Engagement Agreement, Buyer Brokerage Engagement Agreement

Attorneys’ Fees. If any legal action or other proceeding is brought for the enforcement or interpretation of this Agreement, or because of an alleged dispute, breach, default dispute or misrepresentation breach in connection with any of the provisions of this Agreement, the successful or prevailing party shall be entitled to recover reasonable attorneys' fees and other costs incurred in connection with that action or proceeding, and in any petition for appeal or review therefrom, in addition to any other relief to which it may be entitled.

Appears in 7 contracts

Samples: Employment Agreement (Crown Pacific Partners L P), Employment Agreement (Crown Pacific Partners L P), Employment Agreement (Crown Pacific Partners L P)

Attorneys’ Fees. If any legal action or any arbitration or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default default, or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys' fees and other costs incurred in that action or proceeding, in addition to any other relief to which it may be entitled.

Appears in 7 contracts

Samples: Form of Collateral Agent Agreement (Vendingdata Corp), Form of Subscription Agreement (Vendingdata Corp), Subscription Agreement (T-Bamm)

Attorneys’ Fees. If In any legal action or other proceeding is brought for the enforcement of to enforce this Agreement, Agreement or because of an alleged dispute, breach, default the breach by any Party of any covenant or misrepresentation in connection with any of the provisions of this Agreementcondition herein contained, the prevailing party Party shall be entitled to recover reasonable attorneys' fees and other costs incurred in that action or proceeding, (including reasonably allocated fees of in-house counsel) in addition to court costs and any and all other relief to which it may be entitled.costs recoverable in said action.‌

Appears in 7 contracts

Samples: Renewable Power Purchase Agreement, Renewable Power Purchase Agreement, Power Purchase and Sale Agreement

Attorneys’ Fees. If any a legal action or other proceeding is brought for the enforcement of this Agreement, or agreement because of an alleged dispute, breach, default default, or misrepresentation in connection with any of the provisions of this Agreementagreement, the successful or prevailing party shall be entitled to recover reasonable attorneys' fees and other costs incurred in that action or proceedingincurred, both before and after judgment, in addition to any other relief to which it they may be entitled.

Appears in 7 contracts

Samples: Indemnity Agreement (Intuit Inc), Employment Agreement (Intuit Inc), Employment Agreement (Intuit Inc)

Attorneys’ Fees. If any legal either of the parties hereto shall bring a Court action or other proceeding is brought for the enforcement alleging material breach of this AgreementAgreement or seeking to enforce, rescind, renounce, declare void or because of an alleged dispute, breach, default terminate this Agreement or misrepresentation in connection with any of the provisions of this Agreementthereof, the prevailing party shall be entitled to recover all of its legal expenses, including reasonable attorneys' attorney’s fees and other costs incurred (including attorney’s fees and costs for any appeals taken), and to have the same awarded as part of the judgment in that action or proceeding, the proceeding in addition to any other relief to which it may be entitledsuch legal expenses and attorney’s fees and costs were incurred.

Appears in 7 contracts

Samples: Non Bonus Assumption Agreement (Homeowners Choice, Inc.), Non Bonus Assumption Agreement (Heritage Insurance Holdings, LLC), Non Bonus Assumption Agreement (United Insurance Holdings Corp.)

Attorneys’ Fees. If any legal action or other proceeding any arbitration is brought for the enforcement of this Agreement, Agreement or because of an alleged dispute, controversy, breach, or default or misrepresentation in connection with any of the provisions of this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees and all other reasonable costs and expenses incurred in that action or proceeding, in addition to any other relief to which it may be entitled.

Appears in 6 contracts

Samples: Agreement and Plan of Merger (Fox & Hound Restaurant Group), Agreement and Plan of Merger (Fox & Hound Restaurant Group), Agreement and Plan of Merger (Fox & Hound Restaurant Group)

Attorneys’ Fees. If Except as otherwise specifically provided herein, in any legal suit, action or other proceeding is brought for the enforcement appeal (including arbitration) to enforce this Agreement or any term or provision of this Agreement, or because of an alleged dispute, breach, default or misrepresentation in connection with any of the provisions of to interpret this Agreement, the prevailing party shall be entitled to recover its costs incurred, including reasonable attorneys' fees and other costs incurred in that action at trial or proceeding, in addition to any other relief to which it may be entitledon appeal.

Appears in 6 contracts

Samples: Asset Purchase Agreement (Terra Tech Corp.), Asset Purchase Agreement (Mystic Holdings Inc./Nv), Asset Purchase Agreement (Terra Tech Corp.)

Attorneys’ Fees. If any legal action or any arbitration or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover such reasonable attorneys' attorneys fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled., as may be ordered in connection with such proceeding. * * * * *

Appears in 6 contracts

Samples: Stock Purchase Agreement (Opus360 Corp), Registration Rights Agreement (Opus360 Corp), Registration Rights Agreement (Opus360 Corp)

Attorneys’ Fees. If any legal action or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default default, or misrepresentation in connection with any of the provisions of this Agreement, the prevailing party or parties shall be entitled to recover reasonable attorneys' attorney’s fees and all other costs incurred in that action or proceeding, in addition to any other relief to which it may be entitled.

Appears in 6 contracts

Samples: Terms and Conditions, Terms and Conditions, Terms and Conditions

Attorneys’ Fees. If any legal action or other proceeding (including arbitration pursuant to this Agreement) is brought for the enforcement of this Agreement, or because of an any alleged dispute, breach, default or misrepresentation in connection with any of the provisions of this Agreement, the prevailing party shall will be entitled to recover reasonable attorneys' fees attorneys fees, court costs and other all reasonable expenses, even if not taxable or assessable as court costs (including, without limitation, all such fees, costs and expenses incident to appeal) incurred in that action or proceeding, proceeding in addition to any other relief to which it such party may be entitled.

Appears in 6 contracts

Samples: Advisory Agreement (Kronos Advanced Technologies Inc), Advisory Agreement (Kronos Advanced Technologies Inc), Advisory Agreement (Kronos Advanced Technologies Inc)

Attorneys’ Fees. If any legal action or other proceeding is brought for the enforcement of this Agreement, Agreement or because of an alleged any dispute, breach, default or misrepresentation in connection with any of the provisions of this Agreementclaim hereunder, the successful or prevailing party shall be entitled to recover reasonable attorneys' fees and other costs it incurred in that action or proceeding, in addition to any other relief to which it may be entitled.

Appears in 6 contracts

Samples: Asset Purchase Agreement (Waterpur International Inc), Stock Purchase Agreement (Mercury Capital Corp), Agreement and Plan of Merger (Duquette David)

Attorneys’ Fees. If any legal action action, arbitration or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, breach or default or misrepresentation in connection with any of the provisions of this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees and other costs incurred in that action or proceeding, including any appeal of such action or proceeding, in addition to any other relief to which it that party may be entitled.

Appears in 6 contracts

Samples: Noncompetition Agreement (Kilroy Realty, L.P.), Noncompetition Agreement (Kilroy Realty, L.P.), Form of Noncompetition Agreement (Maguire Properties Inc)

Attorneys’ Fees. If any a legal action or other proceeding is brought for the enforcement of this Agreement, or Agreement because of an alleged dispute, breach, default default, or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party shall be entitled to recover reasonable attorneys' attorney's fees and other costs incurred in that action or proceedingcost incurred, in addition to any other relief to which it they may be entitled.

Appears in 6 contracts

Samples: Employment Agreement (Asta Funding Inc), Employment Agreement (Asta Funding Inc), Employment Agreement (Asta Funding Inc)

Attorneys’ Fees. If any legal action or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party shall be entitled to recover reasonable attorneys' fees and other costs incurred in that action or proceeding, in addition to any other relief to which it may be entitled.

Appears in 6 contracts

Samples: Asset Purchase and Sale Agreement (Bridgepoint Education Inc), Transaction Agreement (Rubicon Medical Corp), Noncompetition Agreement (Pacific Coast Apparel Co Inc)

Attorneys’ Fees. If any legal action or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party shall be entitled to recover such reasonable attorneys' fees and other costs incurred in that action or proceeding, in addition to any other relief to which it may be entitled, as may be awarded by the court or arbitrator.

Appears in 5 contracts

Samples: Employment Agreement (Medicor LTD), Employment Agreement (Medicor LTD), Employment Agreement (Medicor LTD)

Attorneys’ Fees. If any legal action or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys' fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.

Appears in 5 contracts

Samples: Advisory Agreement (Senior Housing Properties Trust), Amended and Restated Advisory Agreement (Universal Health Realty Income Trust), Advisory Agreement (Senior Housing Properties Trust)

Attorneys’ Fees. If In the event of any legal action dispute or other proceeding is brought for controversy arising out of this Agreement or in connection with the interpretation of any term or condition of this Agreement, the enforcement of this Agreement, damages for breach of any provision hereof, or because of an alleged dispute, breach, default or misrepresentation in connection with the situation where any of the provisions provision of this AgreementAgreement is validly asserted as a defense, the prevailing party shall be entitled to recover costs of suit, including reasonable attorneys' fees and actually incurred, from the other costs incurred in that action or proceeding, party in addition to any other relief to which it may be entitledavailable remedy.

Appears in 5 contracts

Samples: Settlement Agreement (Blockbuster Inc), Settlement Agreement (Haggar Corp), Exchange and Standstill Agreement (Gamco Investors, Inc. Et Al)

Attorneys’ Fees. If any legal action or other proceeding is brought for the enforcement of arises under this Agreement, Agreement or because of an alleged dispute, breach, default or misrepresentation in connection with any asserted breach of the provisions of this Agreementit, the prevailing party shall be entitled to recover all costs and expenses, including reasonable attorneys' attorney fees and other as an element of costs, incurred in enforcing or attempting to enforce any of the terms, covenants, or conditions, including costs incurred prior to commencement of legal action, and all costs and expenses, including reasonable attorney fees, incurred in that any appeal from an action brought to enforce any of the terms, covenants, or proceeding, in addition to any other relief to which it may be entitledconditions.

Appears in 5 contracts

Samples: Employment Agreement (SRKP 16 Inc), Employment Agreement (SRKP 16 Inc), Employment Agreement (SRKP 16 Inc)

Attorneys’ Fees. If any legal action or other proceeding is brought for the enforcement of this Agreement, Agreement or because of an alleged dispute, breach, default or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party shall be entitled to recover reasonable attorneys' fees, and other fees and other costs costs, incurred in that action or proceeding, in addition to any other relief to which it may be entitled.

Appears in 5 contracts

Samples: Unit Purchase (Voyager Entertainment International Inc), Unit Purchase (Voyager Entertainment International Inc), Unit Purchase (Voyager Entertainment International Inc)

Attorneys’ Fees. If any legal action Action or other proceeding is brought Proceeding for the enforcement of this Agreement, Agreement is brought with respect to or because of an alleged dispute, breach, default or misrepresentation in connection with any of the provisions of this Agreementhereof, the successful or prevailing party Party shall be entitled to recover reasonable attorneys' fees and other costs incurred in that action Action or proceedingProceeding, in addition to any other relief to which it may be entitled.

Appears in 5 contracts

Samples: Stock Purchase Agreement (Lightpath Technologies Inc), Stock Purchase Agreement (CardioNet, Inc.), Purchase Agreement (General Cable Corp /De/)

Attorneys’ Fees. If any legal a civil action or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default or misrepresentation in connection with any of the provisions of to enforce this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees attorney's fees, costs, and other costs incurred in that action or proceedingexpenses incurred, in addition to any other relief to which it such party may be entitled, whether incurred before or after the filing of a civil action or the entry of judgment.

Appears in 5 contracts

Samples: Separation Agreement (Merit Medical Systems Inc), Separation Agreement (Merit Medical Systems Inc), Separation Agreement (Merit Medical Systems Inc)

Attorneys’ Fees. If In any legal action or other proceeding is brought for the enforcement to enforce any provision of this Agreement, or because to seek damages for a breach of an alleged disputeany provision hereof, breach, default or misrepresentation in connection with when any of the provisions of this Agreementprovision hereof is validly asserted as a defense, the prevailing party shall will be entitled to recover receive from the other party all reasonable attorneys' attorney’s fees and other costs incurred in that action or proceeding, in addition to any other relief to which it may be entitledconnection therewith.

Appears in 5 contracts

Samples: Employment Agreement (Golden Phoenix Minerals Inc /Mn/), Employment Agreement (Concentric Energy Corp), Employment Agreement (Golden Phoenix Minerals Inc /Mn/)

Attorneys’ Fees. If any legal action or other proceeding is --------------- brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default or misrepresentation in connection with any of the provisions of this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees and other costs incurred in that action or proceeding, in addition to any other relief to which it may be entitled.

Appears in 5 contracts

Samples: Registration Rights Agreement (Amarfour LLC), Registration Rights Agreement (Interactive Flight Technologies Inc), Strategic Alliance Agreement (Interactive Flight Technologies Inc)

Attorneys’ Fees. If any legal action or other proceeding Action is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party shall be entitled to recover reasonable attorneys' fees and other costs incurred in that action or proceedingAction, in addition to any other relief to which it may be entitled.

Appears in 5 contracts

Samples: Asset Purchase Agreement (Tree.com, Inc.), Asset Purchase Agreement (Market Leader, Inc.), Asset and Equity Purchase Agreement (Cytori Therapeutics, Inc.)

Attorneys’ Fees. If any a legal action or other proceeding is brought for the enforcement of this Agreement, or agreement because of an alleged dispute, breach, default default, or misrepresentation in connection with any of the provisions of this Agreementagreement, the successful or prevailing party shall be entitled to recover reasonable attorneys' fees and other costs incurred in that action or proceedingincurred, both before and after judgment, in addition to any other relief to which it they may be entitled.

Appears in 5 contracts

Samples: Silicon Image Inc, Vicinity Corp, Intuit Inc

Attorneys’ Fees. If any legal action action, arbitration or other proceeding --------------- proceeding, is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, breach or default or misrepresentation in connection with any of the provisions of this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees and other costs incurred in that action or proceeding, including any appeal of such action or proceeding, in addition to any other relief to which it that party may be entitled.

Appears in 5 contracts

Samples: Employment Agreement (Kilroy Realty Corp), Employment Agreement (Kilroy Realty Corp), Employment Agreement (Kilroy Realty Corp)

Attorneys’ Fees. If any legal action action, arbitration or other proceeding proceeding, is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, breach or default or misrepresentation in connection with any of the provisions of this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees and other costs incurred in that action or proceeding, including any appeal of such action or proceeding, in addition to any other relief to which it that party may be entitled.

Appears in 4 contracts

Samples: Employment Agreement (Alseres Pharmaceuticals Inc /De), Employment Agreement (Alseres Pharmaceuticals Inc /De), Employment Agreement (Alseres Pharmaceuticals Inc /De)

Attorneys’ Fees. If any legal action or any arbitration or other proceeding is brought for the enforcement or interpretation of this Agreement, or because of an alleged dispute, breach, default or misrepresentation in connection with any of the provisions of or related to this Agreement, the successful or prevailing party shall be entitled to recover reasonable attorneys' fees and other reasonable costs incurred in that connection with such action or proceeding, in addition to any other relief to which it may be entitled.

Appears in 4 contracts

Samples: Transition Services Consulting Agreement (Alzamend Neuro, Inc.), Transition Services Consulting Agreement (Alzamend Neuro, Inc.), Consulting Agreement (KeyOn Communications Holdings Inc.)

Attorneys’ Fees. If any legal action or other proceeding proceeding, including arbitration or action for declaratory relief, is brought for the enforcement of this Agreement, Agreement or because of an alleged dispute, breach, default default, or misrepresentation in connection with any of the provisions of this Agreement, the prevailing party Prevailing Party (as defined below) shall be entitled to recover reasonable attorneys' fees and other costs incurred in that action or proceedingcosts, in addition to any other relief to which it the party may be entitled.

Appears in 4 contracts

Samples: Asset Purchase Agreement (American Tonerserv Corp.), Management Agreement (American Tonerserv Corp.), Management Agreement (American Tonerserv Corp.)

Attorneys’ Fees. If any legal action or other proceeding is brought for with respect to the enforcement subject matter of this Agreement, its enforcement or because as a result of an alleged dispute, a breach, default or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party shall be entitled to recover reasonable attorneys' fees and other costs incurred in that such action or proceeding, in addition to any other relief to which it such party may be entitled.

Appears in 4 contracts

Samples: Interactive Services Agreement (College Television Network Inc), Branding and Marketing Agreement (Sandbox Entertainment Corp), Branding and Marketing Agreement (Sandbox Entertainment Corp)

AutoNDA by SimpleDocs

Attorneys’ Fees. If any legal action or other proceeding is brought for --------------- the enforcement of this Agreement, or because of an alleged dispute, breach, default or misrepresentation in connection with any of the provisions of this Agreement, the prevailing party or parties shall be entitled to recover reasonable attorneys' fees and other costs incurred in connection with that action or proceeding, including before the filing of suit, in addition to any other relief to which it or they may be entitled.

Appears in 4 contracts

Samples: Partnership Interest Pledge and Security Agreement (American Leisure Holdings, Inc.), Partnership Interest Pledge and Security Agreement (American Leisure Holdings, Inc.), Partnership Interest Pledge and Security Agreement (American Leisure Holdings, Inc.)

Attorneys’ Fees. If any legal action or other proceeding any arbitration is brought for the enforcement of this Agreement, Agreement or because of an alleged dispute, controversy, breach, or default or misrepresentation in connection with any of the provisions of this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees and all other reasonable costs and expenses incurred in that action or proceeding, in addition to any other relief to which it may be entitled.

Appears in 4 contracts

Samples: Agreement and Plan of Merger (Whitehall Jewellers Inc), Agreement and Plan of Merger (Fox Acquisition Co), Agreement and Plan of Merger (Whitehall Jewellers Inc)

Attorneys’ Fees. If any legal action or any arbitration or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover such reasonable attorneys' attorneys fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled, as may be ordered in connection with such proceeding.

Appears in 4 contracts

Samples: Registration Rights Agreement (Ness Technologies Inc), Registration Rights Agreement (Ness Technologies Inc), Registration Rights Agreement (Ivc Industries Inc)

Attorneys’ Fees. If any legal action or other proceeding is brought for the enforcement of this the Agreement, or because of an alleged dispute, breach, breach or default or misrepresentation in connection with any of the provisions of this the Agreement, the successful or prevailing party shall be entitled to recover reasonable attorneys' fees and other expenses and costs incurred in that action or proceeding, in addition to any other relief to which it that may be entitled.granted. [Remainder of this page intentionally left blank]

Appears in 4 contracts

Samples: Employment Agreement (Advanced Medical Optics Inc), Employment Agreement (Advanced Medical Optics Inc), Retention Agreement (Allergan Inc)

Attorneys’ Fees. If any legal action action, arbitration or other proceeding proceedings is brought for the enforcement of this AgreementContract, or because of an alleged dispute, breach, breach or default or misrepresentation in connection with any of the provisions of this AgreementContract, the prevailing party shall be entitled to recover reasonable attorneys' fees and other costs incurred in that action or proceeding, in addition to any other relief to which it may that party would be entitled.

Appears in 4 contracts

Samples: Employment Contract (Oasis Residential Inc), Employment Contract (Oasis Residential Inc), Employment Contract (Oasis Residential Inc)

Attorneys’ Fees. If any a legal action or other proceeding is brought for the enforcement of this Agreement, or Agreement because of an alleged dispute, breach, default default, or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party shall be entitled to recover reasonable attorneys' fees and other costs incurred in that action or proceedingincurred, both before and after judgment, in addition to any other relief to which it they may be entitled.

Appears in 4 contracts

Samples: Employment Agreement (Aquantia Corp), Asset Purchase Agreement (Merit Medical Systems Inc), Employment Agreement (Aquantia Corp)

Attorneys’ Fees. If any legal action action, arbitration or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party shall be entitled to recover reasonable attorneys' fees and other costs incurred in that action or proceeding, in addition to any other relief to which it may be entitled.

Appears in 4 contracts

Samples: Purchase Agreement (Micro Integration Corp /De/), Shareholders Agreement (Thiokol Corp /De/), Shareholders Agreement (Howmet International Inc)

Attorneys’ Fees. If any a legal action or other proceeding is brought for the enforcement of this Agreement, or agreement because of an alleged dispute, breach, default default, or misrepresentation in connection with any of the provisions of this Agreementagreement, the prevailing party shall be entitled to recover reasonable attorneys' fees and other costs incurred in that action or proceedingincurred, both before and after judgment, in addition to any other relief to which it they may be entitled.

Appears in 4 contracts

Samples: Stock Option Agreement (Veritas Software Corp /De/), Employment Agreement (Celerity Group Inc), Employment Agreement (Celerity Group Inc)

Attorneys’ Fees. If any legal action or any arbitration or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover such reasonable attorneys' fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled, as may be ordered in connection with such proceeding.

Appears in 4 contracts

Samples: Escrow Agreement (Network 1 Security Solutions Inc), Registration Rights Agreement (GenuTec Business Solutions, Inc.), Piggyback Registration Rights Agreement (Manitex International, Inc.)

Attorneys’ Fees. If any legal action action, arbitration or other proceeding is brought for to interpret or enforce the enforcement of this Agreement, or because of an alleged dispute, breach, default or misrepresentation in connection with any of the provisions terms of this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees and any other costs incurred in that action or proceeding, in addition to any other relief to which it may be is entitled.

Appears in 4 contracts

Samples: Change of Control Agreement (Electroglas Inc), Change of Control Agreement (Pericom Semiconductor Corp), Change of Control Agreement (Pericom Semiconductor Corp)

Attorneys’ Fees. If any claim, legal action or any arbitration or other proceeding is brought for the enforcement of this Agreement, Agreement or because of an alleged a dispute, breach, default or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party shall be entitled to recover reasonable attorneys' fees and other costs incurred in that claim, action or proceeding, in addition to any other relief to which it such party may be entitled.

Appears in 4 contracts

Samples: Valuation Services Agreement (J.P. Morgan Real Estate Income Trust, Inc.), Master Repurchase Agreement (Taberna Realty Finance Trust), Mortgage Loan Purchase Agreement (ECC Capital CORP)

Attorneys’ Fees. If any legal action or other proceeding of any kind is brought for the enforcement of this Agreement, or because of an any alleged dispute, breach, default default, or misrepresentation any other dispute in connection with any of the provisions provision of this Agreement, the successful or prevailing party shall be entitled to recover all reasonable attorneys' attorney’s fees and other costs incurred in that any such action or proceedingproceedings, in addition to any other relief to which it may be entitled.

Appears in 4 contracts

Samples: Confidentiality and Nondisclosure Agreement, University of Maryland, Business Associate Agreement

Attorneys’ Fees. If any legal action or any mutually agreed upon arbitration or other proceeding is brought for the enforcement of this Agreement, Agreement or because of an alleged dispute, breach, default or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party shall be entitled to recover reasonable attorneys' fees and other costs incurred in that action or proceeding, in addition to any other relief to which it may be entitled.

Appears in 4 contracts

Samples: Asset Purchase Agreement (Action Fashions, Ltd.), Share Exchange Agreement (Advanced Mineral Technologies, Inc), Asset Purchase Agreement (Action Fashions, Ltd.)

Attorneys’ Fees. If any legal action or other proceeding is brought for the enforcement of this Agreement, or because of an its alleged dispute, breach, default default, or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party shall be entitled to recover reasonable attorneys' fees and other costs incurred in that action or proceeding, in addition to any other relief to which it may be entitled.

Appears in 3 contracts

Samples: Registration Rights Agreement (Safeguard Health Enterprises Inc), Registration Rights Agreement (Anderson Jack R), Anderson Jack R

Attorneys’ Fees. If any legal action or any arbitration or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default default, or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable actual attorneys' fees and other costs incurred in that action or proceeding, in addition to any other relief to which it may be entitled.

Appears in 3 contracts

Samples: Stock Purchase Agreement (Wrapmail, Inc.), Stock Purchase Agreement (Immune Therapeutics, Inc.), Stock Purchase Agreement (Canbiola, Inc.)

Attorneys’ Fees. If any legal either of the parties hereto shall bring a Court action or other proceeding is brought for the enforcement alleging material breach of this AgreementAgreement or seeking to enforce, rescind, renounce, declare void or because of an alleged dispute, breach, default terminate this Agreement or misrepresentation in connection with any of the provisions of this Agreementthereof, the prevailing party shall be entitled to recover all of its legal expenses, including reasonable attorneys' attorney's fees and other costs incurred (including attorney's fees and costs for any appeals taken), and to have the same awarded as part of the judgment in that action or proceeding, the proceeding in addition to any other relief to which it may be entitledsuch legal expenses and attorney's fees and costs were incurred.

Appears in 3 contracts

Samples: Non Bonus Assumption Agreement (United Insurance Holdings Corp.), Non Bonus Assumption Agreement (United Insurance Holdings Corp.), Pla Assumption Agreement (21st Century Holding Co)

Attorneys’ Fees. If any legal action or any arbitration or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys' fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.

Appears in 3 contracts

Samples: Settlement and Release Agreement, Rejected Accounts Monitoring Agreement (Masada Security Holdings Inc), Acquired Accounts Monitoring Agreement (Masada Security Holdings Inc)

Attorneys’ Fees. If any legal action action, suit, arbitration or other proceeding is brought for the enforcement of this AgreementAgreement is brought, or because of an alleged dispute, breach, default or misrepresentation in connection with any of the provisions of hereof, or otherwise relating to or in connection with this Agreement, the successful or prevailing party shall be entitled to recover reasonable attorneys' fees and other costs incurred in that action action, suit, arbitration or other proceeding, in addition to any other relief to which it may be entitled.

Appears in 3 contracts

Samples: Agreement and Plan of Merger (Bull Run Corp), Agreement and Plan of Merger (Gray Television Inc), Agreement and Plan of Merger (Triple Crown Media, Inc.)

Attorneys’ Fees. If any a legal action or other proceeding is brought for the -------------- enforcement of this Agreement, or because of an alleged dispute, breach, default or misrepresentation in connection with any of the provisions of this Agreementagreement, the prevailing party shall will be entitled to recover reasonable attorneys' fees and other costs incurred in that action or proceedingincurred, both before and after judgment, in addition to any other relief to which it they may be entitled.

Appears in 3 contracts

Samples: Indemnity Agreement (Homestore Com Inc), Indemnity Agreement (Homestore Com Inc), Indemnity Agreement (Homestore Com Inc)

Attorneys’ Fees. If any legal action or other proceeding of any kind is brought for the enforcement of this Agreement, Agreement or because of an alleged dispute, breach, default default, or misrepresentation any other dispute in connection with any of the provisions provision of this Agreement, the successful or prevailing party shall be entitled to recover all reasonable attorneys' attorney’s fees and other costs incurred in that such action or proceedingproceedings, in addition to any other relief to which it may be entitled.

Appears in 3 contracts

Samples: Confidentiality Agreement, Confidentiality Agreement, Confidentiality Agreement

Attorneys’ Fees. If any legal action In the event of litigation or other proceeding is brought for proceedings involving the enforcement parties to this Agreement to enforce any provision of this Agreement, to enforce any remedy available upon default under this Agreement, or because of an alleged dispute, breach, default or misrepresentation in connection with any seeking a declaration of the provisions rights of either party under this Agreement, the prevailing party shall be entitled to recover from the other such reasonable attorneys' fees and other costs incurred in that action or proceeding, in addition to any other relief to which it as may be entitledactually incurred, including its costs and fees on appeal.

Appears in 3 contracts

Samples: Purchase and Sale Agreement (Emeritus Corp\wa\), Sale Agreement (Emeritus Corp\wa\), Sale Agreement (Emeritus Corp\wa\)

Attorneys’ Fees. If any legal action or other proceeding is brought for the enforcement of this Agreement, Agreement or because of an alleged dispute, breach, default or misrepresentation in connection with any of the provisions of this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees and other costs incurred in that action or proceeding, in addition to any other relief to which it may be entitled.

Appears in 3 contracts

Samples: Support Services Agreement (Qk Healthcare Inc), Support Services Agreement (Qk Healthcare Inc), Support Services Agreement (Qk Healthcare Inc)

Attorneys’ Fees. If In the event any legal action or other proceeding is brought for the enforcement of this Agreement, Agreement or because of an in connection with any alleged dispute, breach, default or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys' fees and or any other costs incurred in that connection with any such action or proceeding, in addition to any other relief to which it any such party may be entitled.

Appears in 3 contracts

Samples: Consulting Agreement (Smart-Tek Solutions Inc), Consulting Agreement (Smart-Tek Solutions Inc), Consulting Agreement (Smart-Tek Solutions Inc)

Attorneys’ Fees. If any legal action or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default default, or misrepresentation in connection with any of the provisions of this Agreement, the prevailing party shall or parties .shall be entitled to recover reasonable attorneys' attorney's fees and all other costs incurred in that action or proceeding, in addition to any other relief to which it may be entitled.

Appears in 3 contracts

Samples: Trailer Rental Agreement, Trailer Rental Agreement, Trailer Rental Agreement

Attorneys’ Fees. If any legal action or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default default, or misrepresentation in connection with any of the provisions of this Agreement, the prevailing party shall be in such action or proceeding is entitled to recover its reasonable attorneys' fees and other costs incurred in that action or proceeding, in addition to any all other relief to which it may be entitled.

Appears in 3 contracts

Samples: Local Resources Investment Program Agreement, Financial Participation Agreement, Local Resources Investment Program Agreement

Attorneys’ Fees. If any legal action or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default or misrepresentation in connection with any of the provisions --------------- of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys' fees and other costs incurred in that such action or proceeding, in addition to any other relief to which it may be entitled.

Appears in 3 contracts

Samples: Agreement and Plan (Western Micro Technology Inc), Escrow Agreement (Savoir Technology Group Inc/De), Asset Purchase Agreement (Western Micro Technology Inc)

Attorneys’ Fees. If any legal action action, arbitration or other proceeding is brought for to interpret or enforce the enforcement of this Agreement, or because of an alleged dispute, breach, default or misrepresentation in connection with any of the provisions terms of this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees and any other costs incurred in that action or proceeding, in addition to any other relief to which it may be is entitled.

Appears in 3 contracts

Samples: Change of Control Agreement (Electroglas Inc), Contribution Agreement (Golf Ventures Inc), Change of Control Agreement (PDF Solutions Inc)

Attorneys’ Fees. If any arbitration, legal action or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party shall will be entitled to recover reasonable attorneys' fees and other costs incurred in that such action or proceeding, in addition to any other relief to which it may be entitled.

Appears in 3 contracts

Samples: Services Agreement (Loudeye Technologies Inc), Services Agreement (Loudeye Technologies Inc), Services Agreement (Loudeye Technologies Inc)

Attorneys’ Fees. If any legal action or other proceeding is brought for the enforcement of ---------------- this Agreement, or because of an alleged dispute, breach, default or misrepresentation in connection with any of the provisions of this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees and other costs incurred in that action or proceedingaction, in addition to any other relief to which it that party may be entitled.

Appears in 3 contracts

Samples: Distributorship Agreement (E Tek Dynamics Inc), Supply Agreement (E Tek Dynamics Inc), Joint Venture Agreement (E Tek Dynamics Inc)

Attorneys’ Fees. If any legal action or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default or misrepresentation in connection with any of the provisions of this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees and other costs incurred in that action or proceeding, in addition to any other relief to which it may be entitled.

Appears in 3 contracts

Samples: Stock Purchase Agreement (Printonthenet Com Inc), Asset Purchase Agreement (Printonthenet Com Inc), Asset Purchase Agreement (Printonthenet Com Inc)

Attorneys’ Fees. If any legal action or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default or misrepresentation in connection with any of to enforce the provisions of this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' attorney fees and other costs incurred in that the action or proceeding, in addition to any other relief to which it the prevailing party may be entitled.

Appears in 3 contracts

Samples: HDF Group Software and Services License Agreement, HDF Group Software and Services License Agreement, Asset Purchase Agreement (American Apparel, Inc)

Attorneys’ Fees. If In the event any legal action or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default or misrepresentation in connection with any of the provisions of to enforce this Agreement, the prevailing party in any such dispute or proceeding shall be entitled to recover said party’s total reasonable attorneys' fees and other costs incurred arising out of or in that action or proceeding, in addition to any other relief to which it may be entitledconnection with such action.

Appears in 3 contracts

Samples: Convertible Debt Exchange Agreement (BioCorRx Inc.), Convertible Debt Exchange Agreement (BioCorRx Inc.), Convertible Debt Exchange Agreement (BioCorRx Inc.)

Attorneys’ Fees. If any legal action action, arbitration or other proceeding proceeding, --------------- is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, breach or default or misrepresentation in connection with any of the provisions of this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees and other costs incurred in that action or proceeding, including any appeal of such action or proceeding, in addition to any other relief to which it that party may be entitled.

Appears in 3 contracts

Samples: Employment Agreement (Aderis Pharmaceuticals Inc), Employment Agreement (Aderis Pharmaceuticals Inc), Employment Agreement (Aderis Pharmaceuticals Inc)

Attorneys’ Fees. If any legal either party should bring a Court action or other proceeding is brought for the enforcement alleging breach of this AgreementAgreement or seeking to enforce, rescind, renounce, declare void or because of an alleged dispute, breach, default terminate this Agreement or misrepresentation in connection with any of the provisions of this Agreementthereof, the prevailing party shall be entitled to recover all of its legal expenses, including reasonable attorneys' attorney's fees and other costs incurred (including legal expenses for any appeals taken), and to have the same awarded as part of the judgment in that action or proceeding, the proceeding in addition to any other relief to which it may be entitledsuch legal expenses and attorney's fees were incurred.

Appears in 3 contracts

Samples: Flood Insurance Services Agreement (Insurance Management Solutions Group Inc), Flood Insurance Services Agreement (Insurance Management Solutions Group Inc), Insurance Administration Services Agreement (Insurance Management Solutions Group Inc)

Attorneys’ Fees. If any legal action or other legal proceeding is brought for relating to this Agreement or the enforcement of any provision of any of the transactions contemplated hereby is brought against any party to this Agreement, or because of an alleged dispute, breach, default or misrepresentation in connection with any of the provisions of this Agreementunless attorneys’ fees are already provided for, the prevailing party shall be entitled to recover reasonable attorneys' fees ’ fees, costs and other costs incurred in that action or proceeding, disbursements (in addition to any other relief to which it the prevailing party may be entitled).

Appears in 3 contracts

Samples: Securities Purchase Agreement (Paincare Holdings Inc), Securities Purchase Agreement (Paincare Holdings Inc), Membership Interest Purchase Agreement (Paincare Holdings Inc)

Attorneys’ Fees. If any legal action or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default default, or misrepresentation in connection with any of the provisions of this Agreement, the prevailing party Party shall be entitled to recover reasonable attorneys' fees and other costs incurred in that action or proceeding, whether or not a law suit is filed, in addition to any other relief to which it or they may be entitled.

Appears in 3 contracts

Samples: Broker Agreement, Broker Agreement, Broker Agreement

Attorneys’ Fees. If any legal action or other proceeding is brought for the enforcement of this Agreement, Settlement Agreement or because of an alleged dispute, breach, default or misrepresentation in connection with any dispute arising out of it or the provisions claims which are the subject of this Settlement Agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees and any other costs incurred in that action or proceeding, such litigation in addition to any other relief to which it the prevailing party may be entitled.

Appears in 3 contracts

Samples: Settlement Agreement and Mutual Release (Lucas Energy, Inc.), Settlement Agreement and Mutual Release (Victory Energy Corp), Settlement Agreement and Mutual Release (Victory Energy Corp)

Attorneys’ Fees. If In the event of any legal action or other equitable proceeding is brought for to enforce any of the enforcement terms or conditions of this Agreement, or because of an any alleged disputedisputes, breachbreaches, default defaults or misrepresentation misrepresentations in connection with any of the provisions provision of this Agreement, the prevailing party in such proceeding shall be entitled to recover its reasonable costs and expenses, including, without limitation, reasonable attorneys' fees and other costs of defense paid or incurred in that action or proceeding, in addition to any other relief to which it may be entitledgood faith.

Appears in 3 contracts

Samples: Purchase and Sale Agreement and Joint Escrow Instructions, Guaranty Agreement (Tibco Software Inc), Purchase and Sale Agreement and Joint Escrow Instructions

Attorneys’ Fees. If any legal action or other a proceeding is brought for the enforcement of this Agreement, Agreement (including the collection of any amounts owed hereunder) or because of an any alleged or actual dispute, breach, default or misrepresentation in connection with any of the provisions of this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees and other costs and expenses incurred in that such action or proceeding, proceeding in addition to any other relief to which it such party may be entitled.

Appears in 3 contracts

Samples: Master Service Agreement, www.sangoma.com, www.lightedge.com

Time is Money Join Law Insider Premium to draft better contracts faster.