Attorneys’ Fees. In the event that any dispute among the parties to this Agreement should result in litigation, the prevailing party in such dispute shall be entitled to recover from the losing party all fees, costs and expenses of enforcing any right of such prevailing party under or with respect to this Agreement, including without limitation, such reasonable fees and expenses of attorneys and accountants, which shall include, without limitation, all fees, costs and expenses of appeals.
Appears in 264 contracts
Samples: Series E Preferred Stock and Warrant Purchase Agreement (American Technology Corp /De/), Registration Rights Agreement (Cellu Tissue Holdings, Inc.), First Offer and Co Sale Agreement (Orion Energy Systems, Inc.)
Attorneys’ Fees. In the event that any dispute among the parties suit or action is instituted to enforce any provision in this Agreement should result in litigationAgreement, the prevailing party in such dispute shall be entitled to recover from the losing party all fees, costs and expenses of enforcing any right of such prevailing party under or with respect to this Agreement, including without limitation, such reasonable fees and expenses of attorneys and accountants, which shall include, without limitation, all fees, costs and expenses of appeals.
Appears in 77 contracts
Samples: Investors’ Rights Agreement (Kinemed Inc), Investors’ Rights Agreement (Annexon, Inc.), Investors’ Rights Agreement (Mulesoft, Inc)
Attorneys’ Fees. In the event that any dispute among the parties suit or action is instituted to enforce any provision in this Agreement should result in litigationor any Related Agreement, the prevailing party in such dispute shall be entitled to recover from the losing party all fees, costs and expenses of enforcing any right of such prevailing party under or with respect to this Agreement and/or such Related Agreement, including including, without limitation, such reasonable fees and expenses of attorneys and accountants, which shall include, without limitation, all fees, costs and expenses of appeals.
Appears in 59 contracts
Samples: Securities Purchase Agreement (Modtech Holdings Inc), Securities Purchase Agreement (Applied Digital Solutions Inc), Securities Purchase Agreement (New Century Energy Corp.)
Attorneys’ Fees. In the event that of any dispute among the parties or controversy arising out of or relating to this Agreement should result in litigationAgreement, the prevailing party in such dispute shall be entitled to recover from the losing other party all costs and expenses, including attorneys' fees and accountants' fees, costs and expenses of enforcing any right of incurred in connection with such prevailing party under dispute or with respect to this Agreement, including without limitation, such reasonable fees and expenses of attorneys and accountants, which shall include, without limitation, all fees, costs and expenses of appealscontroversy.
Appears in 27 contracts
Samples: Asset Purchase Agreement (BMJ Medical Management Inc), Restricted Stock Agreement (BMJ Medical Management Inc), Restricted Stock Agreement (BMJ Medical Management Inc)
Attorneys’ Fees. In the event that any dispute among the parties suit or action is instituted to enforce any provisions in this Agreement should result in litigationAgreement, the prevailing party in such dispute shall be entitled to recover from the losing party all fees, costs and expenses of enforcing any right of such prevailing party under or with respect to this Agreement, including without limitation, such reasonable fees and expenses of attorneys and accountants, which shall include, without limitation, all fees, costs and expenses of appeals.
Appears in 25 contracts
Samples: Common Stock Purchase Agreement (Northumberland Resources, Inc.), Preferred Stock Purchase Agreement (PogoTec, Inc.), Preferred Stock Purchase Agreement (PogoTec, Inc.)
Attorneys’ Fees. In the event that any a dispute among the parties arises with respect to this Agreement should result in litigationAgreement, the party prevailing party in such dispute shall be entitled to recover from the losing party all feesexpenses, costs and expenses of enforcing any right of such prevailing party under or with respect to this Agreement, including without limitation, such reasonable fees and expenses of attorneys and accountants, which shall includeincluding, without limitation, all fees, costs reasonable attorneys' fees and expenses of appealsincurred in ascertaining such party's rights, in preparing to enforce or in enforcing such party's rights under this Agreement, whether or not it was necessary for such party to institute suit.
Appears in 23 contracts
Samples: Capital Market (Vocodia Holdings Corp), Capital Market Advisory Agreement (Inspire Veterinary Partners, Inc.), Capital Market Advisory Agreement (Inspire Veterinary Partners, Inc.)
Attorneys’ Fees. In the event that any dispute among the parties to this Agreement should result in litigation, the prevailing party in such dispute shall be entitled to recover from the losing party all fees, costs and expenses of enforcing any right of such prevailing party under or with respect to this Agreement, including including, without limitation, such reasonable fees and expenses of attorneys and accountants, which shall include, without limitation, all fees, costs and expenses of appeals.
Appears in 20 contracts
Samples: First Refusal and Co Sale Agreement (Crush Capital Inc.), Agreement and Plan of Merger and Reorganization (Business Bancorp /Ca/), Investors’ Rights Agreement (YouNow, Inc.)
Attorneys’ Fees. In the event that The prevailing Party in any dispute among the parties or claim relating to or arising out of this Agreement should result in litigation, the prevailing party in such dispute shall be entitled to recover from the losing party Party all fees, costs and expenses of enforcing any right of such prevailing party under or with respect to this Agreement, including without limitation, such reasonable fees and expenses of attorneys and accountants, which shall includeany nature or kind (including, without limitation, all fees, costs attorney’s fees and expenses of appealsexpenses) incurred in any such dispute or claim.
Appears in 18 contracts
Samples: Employment Agreement (PROS Holdings, Inc.), Employment Agreement (PROS Holdings, Inc.), Employment Agreement (PROS Holdings, Inc.)
Attorneys’ Fees. In the event that If any dispute among the parties suit or action is instituted to enforce any provision in this Agreement should result in litigationAgreement, the prevailing party in such dispute shall be entitled to recover from the losing party all fees, costs and expenses of enforcing any right of such prevailing party under or with respect to this Agreement, including without limitation, such reasonable fees and expenses of attorneys and accountants, which shall include, without limitation, all fees, costs and expenses of appeals.
Appears in 13 contracts
Samples: Registration Rights Agreement (Tattooed Chef, Inc.), Registration Rights Agreement (LMF Acquisition Opportunities Inc), Joinder Agreement (Forum Merger III Corp)
Attorneys’ Fees. In the event that any a dispute among the parties arises with respect to this Agreement should result in litigationAgreement, the party prevailing party in such dispute shall be entitled to recover from the losing party all feesexpenses, costs and expenses of enforcing any right of such prevailing party under or with respect to this Agreement, including without limitation, such reasonable fees and expenses of attorneys and accountants, which shall includeincluding, without limitation, all feesreasonable attorneys’ fees and expenses, costs and expenses of appealsincurred in ascertaining such party’s rights, in preparing to enforce, or in enforcing such party’s rights under this Agreement, whether or not it was necessary for such party to institute suit.
Appears in 10 contracts
Samples: Operating Agreement (New England Cape Gods, Inc.), Share Exchange Agreement (Enviro Technologies U.S., Inc.), Share Exchange Agreement (Fortium Holdings Corp.)
Attorneys’ Fees. In the event that any dispute among the parties suit or action is instituted under or in relation to this Agreement should result Agreement, including without limitation to enforce any provision in litigationthis Agreement, the prevailing party in such dispute shall be entitled to recover from the losing party all fees, costs and expenses of enforcing any right of such prevailing party under or with respect to this Agreement, including without limitation, such reasonable fees and expenses of attorneys and accountants, which shall include, without limitation, all reasonable fees, costs and expenses of appeals.
Appears in 10 contracts
Samples: Exchange Agreement (Tengion Inc), Exchange Agreement (Tengion Inc), Execution Version (Medtronic Inc)
Attorneys’ Fees. In the event that If any dispute among the parties to this Agreement should result results in litigation, the prevailing party in such dispute shall be entitled to recover from the losing party all fees, costs and expenses of enforcing any right of such prevailing party under or with respect to this Agreement, including including, without limitation, such reasonable fees and expenses of attorneys and accountants, which that shall include, without limitation, all fees, costs and expenses of appeals.
Appears in 9 contracts
Samples: Investor Rights Agreement (ShouTi Inc.), Investors’ Rights Agreement (Amyris Biotechnologies Inc), Investors’ Rights Agreement (Oportun Financial Corp)
Attorneys’ Fees. In the event that any dispute among the parties to this Agreement should result in litigation, the prevailing party in such dispute shall be entitled to recover from the losing party all fees, costs and expenses of enforcing any right of such prevailing party under or with respect to this Agreement, including without limitation, such reasonable fees and expenses of attorneys and accountants, which shall include, without limitation, all fees, costs and expenses expense of appeals.
Appears in 9 contracts
Samples: Stock Purchase Agreement (Cv Therapeutics Inc), Common Stock and Warrant Purchase Agreement (Discovery Laboratories Inc /De/), Loan Agreement (Cv Therapeutics Inc)
Attorneys’ Fees. In the event that any dispute among the parties to this Agreement should result in litigation, the prevailing party in such dispute shall will be entitled to recover from the losing party all fees, costs and expenses of enforcing any right of such prevailing party under or with respect to this AgreementAgreement including, including without limitation, such reasonable fees and expenses of attorneys and accountants, which shall will include, without limitation, all fees, costs and expenses of appeals.
Appears in 9 contracts
Samples: Securities Purchase Agreement (Emed Technologies Corp), Registration Rights Agreement (Emed Technologies Corp), Investors Rights Agreement (Emed Technologies Corp)
Attorneys’ Fees. In the event that of any dispute among arising out of the parties to interpretation, performance, or breach of any provision of this Agreement should result in litigationSettlement Agreement, the prevailing party in such dispute dispute(s) shall be entitled to recover from the losing party all fees, costs and expenses of enforcing any right of such prevailing party under or with respect to this Agreement, including without limitation, such her and/or its reasonable attorneys’ fees and expenses of attorneys and accountants, which shall include, without limitation, all fees, costs and expenses of appealsincurred arising from such dispute.
Appears in 7 contracts
Samples: Stipulation of Settlement, Stipulation of Class Action and Paga Settlement, Stipulation of Settlement
Attorneys’ Fees. In the event that any dispute among the parties Parties arising from or in relation to this Agreement should result in litigation, the prevailing party Party in such dispute shall be entitled to recover from the losing party Party all fees, costs and expenses of enforcing any right of such prevailing party Party under or with respect to this Agreement, including including, without limitation, such reasonable fees and expenses of attorneys and accountants, which shall include, without limitation, all fees, costs and expenses of appeals.
Appears in 7 contracts
Samples: Sale Agreement (Nobao Renewable Energy Holdings LTD), Sale Agreement (SKY-MOBI LTD), Shareholders Agreement (Nobao Renewable Energy Holdings LTD)
Attorneys’ Fees. In the event that any dispute among the parties to this Agreement Parties should result in litigation, the prevailing party in such dispute shall be entitled to recover from the losing party all fees, costs and expenses of enforcing any right of such prevailing party under or with respect to this Agreement, including without limitation, such reasonable fees and expenses of attorneys and accountantsattorneys, which shall include, without limitation, all fees, costs and expenses of appeals.
Appears in 7 contracts
Samples: Membership Interest Purchase Agreement (Humbl, Inc.), Agreement and Plan of Merger (Humbl, Inc.), Membership Interest Purchase Agreement (Humbl, Inc.)
Attorneys’ Fees. In the event that any dispute between the Company and the Members or among the parties to this Agreement Members should result in litigationlitigation or arbitration, the prevailing party in such dispute shall will be entitled to recover from the losing other party all reasonable fees, costs and expenses of enforcing any right of such the prevailing party under or with respect to this Agreementparty, including without limitation, such reasonable fees and expenses of attorneys and accountants, which shall includeincluding, without limitation, all fees, costs reasonable attorneys’ fees and expenses of appealsexpenses.
Appears in 6 contracts
Samples: Limited Liability Company Agreement (American Casino & Entertainment Properties LLC), Limited Liability Company Operating Agreement (Savage Sports Holdings, Inc.), Limited Liability Company Agreement (Nevada Property 1 LLC)
Attorneys’ Fees. In the event that any dispute among the parties suit or action is instituted under or in relation to this Agreement should result Agreement, including, without limitation, to enforce any provision in litigationthis Agreement, the prevailing party in such dispute shall be entitled to recover from the losing party all fees, costs and expenses of enforcing any right of such prevailing party under or with respect to this Agreement, including without limitation, such reasonable fees and expenses of attorneys and accountants, which shall include, without limitation, all fees, costs and expenses of appeals.
Appears in 6 contracts
Samples: Exchange Agreement (Nektar Therapeutics), Exchange Agreement (Nektar Therapeutics), Exchange Agreement (Nektar Therapeutics)
Attorneys’ Fees. In the event that any dispute among the parties to this Rights Agreement should result in litigation, the prevailing party in such dispute shall be entitled to recover from the losing party all fees, costs and expenses of enforcing any right of such prevailing party under or with respect to this Rights Agreement, including without limitation, such reasonable fees and expenses of attorneys and accountants, which shall include, without limitation, all fees, costs and expenses of appeals.
Appears in 6 contracts
Samples: Note Purchase Agreement (Quokka Sports Inc), Rights Agreement (Triangle Pharmaceuticals Inc), Investor Rights Agreement (Triangle Pharmaceuticals Inc)
Attorneys’ Fees. In the event that any dispute among the parties to --------------- this Agreement should result in litigation, the prevailing party in such dispute shall be entitled to recover from the losing party all fees, costs and expenses of enforcing any right of such prevailing party under or with respect to this Agreement, including without limitation, such reasonable fees and expenses of attorneys and accountants, which shall include, without limitation, all fees, costs and expenses of appeals.
Appears in 5 contracts
Samples: Rights Agreement (Megabios Corp), Stock Purchase Agreement (American Cellular Corp /De/), Stock Purchase Agreement (American Cellular Corp /De/)
Attorneys’ Fees. In the event that any a dispute among the parties arises with respect to this Agreement should result in litigationAgreement, the party prevailing party in such dispute shall be entitled to recover from the losing party all feesexpenses, costs and expenses of enforcing any right of such prevailing party under or with respect to this Agreement, including without limitation, such reasonable fees and expenses of attorneys and accountants, which shall includeincluding, without limitation, all feesreasonable attorneys' fees and expenses, costs and expenses of appealsincurred in ascertaining such party's rights or in preparing to enforce, or in enforcing, such party's rights under this Agreement, whether or not it was necessary for such party to institute suit.
Appears in 5 contracts
Samples: Consulting Agreement (Broadband Wireless International Corp), Contract of Employment (China Kangtai Cactus Bio-Tech, Inc.), Contract of Employment (China Kangtai Cactus Bio-Tech, Inc.)
Attorneys’ Fees. In the event that any If a dispute among the parties arises with respect to this Agreement should result in litigationAgreement, then the party prevailing party in such dispute shall be entitled to recover from the losing party all feesexpenses, costs and expenses of enforcing any right of such prevailing party under or with respect to this Agreement, including without limitation, such reasonable fees and expenses of attorneys and accountants, which shall includeincluding, without limitation, all feesreasonable attorneys' fees and expenses, costs incurred in ascertaining such party's rights and expenses of appealsin preparing to enforce and/or defend and in enforcing and/or defending such party's rights under this Agreement, whether or not it was necessary for such party to institute suit.
Appears in 5 contracts
Samples: Stock Purchase Agreement (Unico Inc /Az/), Stock Purchase Agreement (CLX Investment Company, Inc.), Stock Purchase Agreement (Unico Inc /Az/)
Attorneys’ Fees. In the event that any dispute among the parties Parties to this Agreement should result in litigation, the prevailing party in such dispute shall be entitled to recover from the losing party all fees, costs and expenses of enforcing any right of such prevailing party under or with respect to this Agreement, including without limitation, such reasonable fees and expenses of attorneys and accountants, which shall include, without limitation, all fees, costs and expenses of appeals.
Appears in 5 contracts
Samples: Sale Agreement (Sohu Com Inc), Sale Agreement (Longtop Financial Technologies LTD), Registration Rights Agreement (Sogou Inc.)
Attorneys’ Fees. In the event that any dispute among the parties action brought to enforce this Agreement should result in litigationAgreement, the substantially prevailing party in such dispute shall will be entitled to recover from the losing party all reasonable fees, costs and expenses of enforcing any right of such substantially prevailing party under or with respect to this Agreement, including without limitation, such reasonable fees and expenses of attorneys and accountantsattorneys, which shall will include, without limitation, all fees, costs and expenses of appealsappeal.
Appears in 5 contracts
Samples: Employment Agreement (Zynex Inc), Employment Agreement (Zynex Inc), Employment Agreement (Zynex Inc)
Attorneys’ Fees. In the event that If any dispute among should arise between the parties to hereto regarding the terms or subject matter of this Agreement should result in litigationAssignment or the enforcement or breach of such terms, then the party prevailing party in such dispute dispute, whether by out-of-court settlement or final judicial determination, shall be entitled to recover from the losing non-prevailing party all fees, costs and expenses of enforcing any right of such dispute incurred by such prevailing party under or with respect to this Agreementparty, including without limitation, such reasonable fees and expenses of attorneys and accountants, which shall includeincluding, without limitation, all reasonable attorneys’ fees, costs and expenses of appeals.
Appears in 5 contracts
Samples: Ground Lease (Palace Entertainment Holdings, Inc.), Lease (Palace Entertainment Holdings, Inc.), Assignment and Assumption of Lease (Palace Entertainment Holdings, Inc.)
Attorneys’ Fees. In the event that any dispute among the parties Parties to this Agreement should result in litigation, the prevailing party in such dispute shall be entitled to recover from the losing party all fees, costs and expenses of enforcing any right of such prevailing party under or with respect to this Agreement, including without limitation, such reasonable fees and expenses of attorneys and accountants, which shall include, without limitation, all fees, costs and expenses of appeals.
Appears in 5 contracts
Samples: Irrevocable Voting Proxy (Sakys John V), Irrevocable Voting Agreement and Proxy (CombiMatrix Corp), Irrevocable Voting Proxy (Isonics Corp)
Attorneys’ Fees. In the event that any dispute among the parties suit or action is instituted under or in relation to this Agreement should result Agreement, including to enforce any provision in litigationthis Agreement, the prevailing party in such dispute shall be entitled to recover from the losing party all fees, costs and expenses of enforcing any right of such prevailing party under or with respect to this Agreement, including without limitation, such reasonable fees and expenses of attorneys and accountants, which shall include, without limitation, include all fees, costs and expenses of appeals.
Appears in 5 contracts
Samples: Sale Agreement (Connecture Inc), Investor Rights Agreement (Connecture Inc), Sale Agreement (Connecture Inc)
Attorneys’ Fees. In the event that any a dispute among the parties arises with respect to this Agreement should result in litigationAgreement, the party prevailing party in such dispute shall be entitled to recover from the losing party all feesexpenses, costs and expenses of enforcing any right of such prevailing party under or with respect to this Agreement, including without limitation, such reasonable fees and expenses of attorneys and accountants, which shall includeincluding, without limitation, all fees, costs reasonable attorney's fees and expenses of appealsincurred in ascertaining such party's rights, in preparing to enforce or in enforcing such party's rights under this Agreement, whether or not it was necessary for such party to institute suit.
Appears in 5 contracts
Samples: Financial Public Relations Agreement (Visualant Inc), Consulting Agreement (Dunn Computer Corp /Va/), Public Relations Services Agreement (Rubicon Medical Corp)
Attorneys’ Fees. In the event that any a dispute among the parties arises with respect to this Agreement should result in litigationAgreement, the party prevailing party in such dispute shall be entitled to recover from the losing party all feesexpenses, costs and expenses of enforcing any right of such prevailing party under or with respect to this Agreement, including without limitation, such reasonable fees and expenses of attorneys and accountants, which shall includeincluding, without limitation, all fees, costs reasonable attorneys’ fees and expenses of appealsincurred in ascertaining such party’s rights, in preparing to enforce or in enforcing such party’s rights under this Agreement, whether or not it was necessary for such party to institute suit.
Appears in 4 contracts
Samples: Capital Market (La Rosa Holdings Corp.), Asset Purchase Agreement (Tix CORP), Capital Market (Cosmos Holdings Inc.)
Attorneys’ Fees. In the event that any dispute among the parties to this Agreement Note should result in litigation, the prevailing party in such dispute shall be entitled to recover from the losing party all fees, costs and expenses of enforcing any right of such prevailing party under or with respect to this AgreementNote, including without limitation, such reasonable fees and expenses of attorneys and accountants, which shall include, without limitation, all fees, costs and expenses of appeals.
Appears in 4 contracts
Samples: Stock Pledge Agreement (Winc, Inc.), Stock Pledge Agreement (Winc, Inc.), Stock Pledge Agreement (Winc, Inc.)
Attorneys’ Fees. In the event that If any dispute among arises with respect to the parties to enforcement, interpretation, or application of this Agreement should result in litigationand costs are incurred to resolve such dispute, the prevailing party in such dispute shall be entitled to recover from the losing non-prevailing party all costs and expenses, including reasonable attorneys’ fees, costs and expenses of enforcing any right of such incurred by the prevailing party under or with respect to this Agreement, including without limitation, in such reasonable fees and expenses of attorneys and accountants, which shall include, without limitation, all fees, costs and expenses of appeals.dispute. Signatures on the Following Page
Appears in 4 contracts
Samples: Lock Up Agreement (Fredrickson Wade), Lock Up Agreement (Fredrickson Wade), Lock Up Agreement (NEUROONE MEDICAL TECHNOLOGIES Corp)
Attorneys’ Fees. In the event that any dispute among the parties Parties to this Agreement should result in litigation, the prevailing party Party in such dispute shall be entitled to recover from the losing party Party all fees, costs and expenses of enforcing any right of such prevailing party Party under or with respect to this Agreement, including without limitation, such reasonable fees and expenses of attorneys and accountantsattorneys, which shall include, without limitation, all fees, costs and expenses of appeals.
Appears in 4 contracts
Samples: Development Services Agreement (Humbl, Inc.), Development Services Agreement (Humbl, Inc.), Development Services Agreement (Humbl, Inc.)
Attorneys’ Fees. In the event that any dispute among the parties to this Agreement should result in litigation, the prevailing party or parties in such dispute shall be entitled to recover from the losing party or parties all fees, costs and expenses of enforcing any right of such prevailing party or parties under or with respect to this Agreement, including without limitation, such reasonable fees and expenses of attorneys and accountants, which shall include, without limitation, all fees, costs and expenses of appeals.
Appears in 4 contracts
Samples: Series T Preferred Stock Purchase Agreement (Dynavax Technologies Corp), Preferred Stock Purchase Agreement (Dynavax Technologies Corp), Preferred Stock Purchase Agreement (Dynavax Technologies Corp)
Attorneys’ Fees. In the event that any a dispute among the parties arises with respect to this Agreement should result in litigation--------------- Agreement, the party prevailing party in such dispute shall be entitled to recover from the losing party all feesexpenses, costs and expenses of enforcing any right of such prevailing party under or with respect to this Agreement, including without limitation, such reasonable fees and expenses of attorneys and accountants, which shall includeincluding, without limitation, all fees, costs reasonable attorneys' fees and expenses of appealsincurred in ascertaining such party's rights, in preparing to enforce or in enforcing such party's rights under this Agreement, whether or not it was necessary for such party to institute suit.
Appears in 4 contracts
Samples: Employment Agreement (Hollywood Partners Com Inc), Employment Agreement (Hollywood Partners Com Inc), Distribution Agreement (Vitafort International Corp)
Attorneys’ Fees. In If any action at law or in equity is necessary to enforce or interpret the event that any dispute among the parties to terms of this Agreement should result in litigationAgreement, including an arbitration, the prevailing party in such dispute shall be entitled to recover from the losing party all fees, costs and expenses of enforcing any right of such prevailing party under or with respect to this Agreement, including including, without limitation, such reasonable fees and expenses of attorneys and accountants, which shall include, without limitation, all fees, costs and expenses of appeals.
Appears in 4 contracts
Samples: Subscription and Contribution Agreement (Clearsign Combustion Corp), Subscription and Contribution Agreement (Clearsign Combustion Corp), Subscription and Contribution Agreement (Clearsign Combustion Corp)
Attorneys’ Fees. In the event that any dispute among the parties under or with respect to this Agreement should result in litigation, the prevailing party in such dispute shall be entitled to recover from the losing party all fees, costs and expenses of enforcing any right of such prevailing party under or with respect to this Agreement, including without limitation, such reasonable fees and expenses of attorneys and accountants, which shall include, without limitation, all fees, costs and expenses of appeals.
Appears in 4 contracts
Samples: Founder Stock Purchase Agreement (Barrier 4, Inc.), Founder Stock Purchase Agreement (Drax, Industries Inc.), Founder Stock Purchase Agreement (Oilfield Safety Holdings Inc)
Attorneys’ Fees. In the event that any dispute among the parties to this Agreement should result in litigation, the prevailing party in such dispute shall be entitled to recover from the losing party all reasonable fees, costs and expenses of enforcing any right of such prevailing party under or with respect to this Agreement, including without limitation, such reasonable fees and expenses of attorneys and accountants, which shall include, without limitation, all fees, costs and expenses of appeals.
Appears in 3 contracts
Samples: Joinder Agreement (iKang Healthcare Group, Inc.), Shareholders' Agreement (Pemstar Inc), Shareholders' Agreement (Pemstar Inc)
Attorneys’ Fees. In the event that any dispute among the parties to this Agreement should result in litigation, the prevailing party in such dispute shall be entitled to recover from the losing party all fees, costs and expenses of enforcing any right of such prevailing party under or with respect to this Agreement, including without limitation, such reasonable fees fees, and expenses of attorneys and accountants, which shall include, without limitation, all fees, costs and expenses of appeals.
Appears in 3 contracts
Samples: Investors' Rights Agreement (Vastera Inc), ' Rights Agreement (Vastera Inc), Stock Transfer Agreement (Vastera Inc)
Attorneys’ Fees. In the event that any a dispute among the parties arises with respect to this Agreement should result in litigationAgreement, the prevailing party in such dispute shall be entitled to recover from the losing party all feesexpenses, costs and expenses of enforcing any right of such prevailing party under or with respect to this Agreement, including without limitation, such reasonable fees and expenses of attorneys and accountants, which shall includeincluding, without limitation, all reasonable attorneys' fees, costs and expenses of appealsincurred in connection with such dispute.
Appears in 3 contracts
Samples: Employment Agreement (Peoples Bancorp), Employment Agreement (Peoples Bancorp), Employment Agreement (Peoples Bancorp)
Attorneys’ Fees. In the event that any dispute among the parties to this Agreement should result in litigation, the prevailing party in such dispute shall be entitled to recover from the losing party all fees, costs and expenses of enforcing any right of such prevailing party under or with respect to this Agreement, including without limitation, such reasonable fees and expenses of attorneys and accountants, which shall include, without limitation, include all fees, costs and expenses of appeals.
Appears in 3 contracts
Samples: Investor Rights Agreement (Mark Capital LLC), Investor Rights Agreement (Sherbrooke Partners, LLC), Investor Rights Agreement (Afem Medical Corp)
Attorneys’ Fees. In the event that any a dispute among the parties arises with respect to this Agreement should result in litigationAgreement, the party prevailing party in such dispute shall be entitled to recover from the losing party all feesexpenses, costs and expenses of enforcing any right of such prevailing party under or with respect to this Agreement, including without limitation, such reasonable fees and expenses of attorneys and accountants, which shall includeincluding, without limitation, all feesreasonable attorneys’ fees and expenses, costs and expenses of appealsincurred in ascertaining such party’s rights under this Agreement, whether or not it was necessary for such party to institute suit.
Appears in 3 contracts
Samples: Strategic Alliance Agreement (FTE Networks, Inc.), appexchange.salesforce.com, appexchange.salesforce.com
Attorneys’ Fees. In the event that any If a dispute among the parties arises with respect to this Agreement should result in litigationAgreement, then the party prevailing party in such dispute shall be entitled to recover from the losing party all feesexpenses, costs and expenses of enforcing any right of such prevailing party under or with respect to this Agreement, including without limitation, such reasonable fees and expenses of attorneys and accountants, which shall includeincluding, without limitation, all feesreasonable attorneys’ fees and expenses, costs and expenses of appealsincurred in enforcing and/or defending such party’s rights under this Agreement.
Appears in 3 contracts
Samples: Asset Purchase and Sale Agreement (Herbst Gaming Inc), Asset Purchase and Sale Agreement (Herbst Gaming Inc), Asset Purchase and Sale Agreement (Herbst Gaming Inc)
Attorneys’ Fees. In the event that any dispute among the parties to this Agreement the Loan Documents should result in litigation, the prevailing party in such dispute shall be entitled to recover from the losing party all fees, costs and expenses of enforcing any right of such prevailing party under or with respect to this Agreementthe Loan Documents, including without limitation, such reasonable fees and expenses of attorneys and accountants, which shall include, without limitation, all fees, costs and expenses expense of appeals.
Appears in 3 contracts
Samples: Loan Agreement (Discovery Laboratories Inc /De/), Loan Agreement (Discovery Laboratories Inc /De/), Loan Agreement (Discovery Laboratories Inc /De/)
Attorneys’ Fees. In the event that any dispute among the parties suit or action is instituted to enforce any provision in this Agreement should result in litigationor any Related Agreement, the prevailing party in such dispute shall be entitled to recover from the losing party all fees, costs and expenses of enforcing any right of such prevailing party under or with respect to this Agreement and/or such Related Agreement, including without limitation, such reasonable fees and expenses of attorneys and accountants, which shall include, without limitation, include all fees, costs and expenses of appeals.
Appears in 3 contracts
Samples: Note Purchase Agreement (GreenHunter Resources, Inc.), Note Purchase Agreement (usell.com, Inc.), Note Purchase Agreement (usell.com, Inc.)
Attorneys’ Fees. In the event that any dispute among the parties to this Agreement Warrant should result in litigation, the prevailing party in such dispute shall be entitled to recover from the losing party all fees, costs and expenses of enforcing any right of such prevailing party under or with respect to this AgreementWarrant, including without limitation, such reasonable fees and expenses of attorneys and accountants, which shall include, without limitation, all fees, costs and expenses of appeals.
Appears in 3 contracts
Samples: Health Enhancement Products Inc, Telkonet Inc, Majestic Companies LTD
Attorneys’ Fees. In the event that any dispute among the parties to this Agreement should result in litigation, the prevailing party in such dispute shall be entitled to recover from the losing party all fees, costs and expenses of enforcing any right of such prevailing party under or with respect to this Agreement, including without limitation, such reasonable fees and expenses of attorneys and accountantsaccountants actually incurred, which shall include, without limitation, all fees, costs and expenses of appeals.
Appears in 3 contracts
Samples: Securities Purchase Agreement (Medical Technology Systems Inc /De/), Tag Along Agreement (Medical Technology Systems Inc /De/), Tag Along Agreement (Medical Technology Systems Inc /De/)
Attorneys’ Fees. In the event that any a dispute among the parties arises with respect to this Agreement should result in litigationagreement, the party prevailing party in such dispute shall be entitled to recover from the losing party all feesexpenses, costs and expenses of enforcing any right of such prevailing party under or with respect to this Agreement, including without limitation, such reasonable fees and expenses of attorneys and accountants, which shall includeincluding, without limitation, all fees, costs reasonable attorney's fees and expenses of appealsincurred in ascertaining such parties' rights, in preparing to enforce or in enforcing such parties' right under this agreement, whether or not it was necessary for such party to institute suit.
Appears in 3 contracts
Samples: Consulting Agreement (Spectrum Sciences & Software Holdings Inc), Management Consulting Agreement (North Lily Mining Co), Consulting Agreement (Spectrum Sciences & Software Holdings Inc)
Attorneys’ Fees. In the event that any dispute among the parties to this Agreement should result in litigation, the prevailing party in such dispute shall be entitled to recover from the losing party all fees, costs and expenses of enforcing any right of such prevailing party under or with respect to this Agreement, including without limitationincluding, but not limited to, such reasonable fees and expenses of attorneys and accountants, which shall include, without limitation, all fees, costs and expenses of appeals.
Appears in 3 contracts
Samples: Investor Rights Agreement (Grande Communications Holdings, Inc.), Investor Rights Agreement (Grande Communications Holdings, Inc.), Investor Rights Agreement (Grande Communications Holdings, Inc.)
Attorneys’ Fees. In the event that The prevailing Party in any dispute among the parties or claim relating to or arising out of this Agreement should result in litigation, the prevailing party in such dispute shall be entitled to recover from the losing party Party all fees, costs and expenses of enforcing any right of such prevailing party under or with respect to this Agreement, including without limitation, such reasonable fees and expenses of attorneys and accountants, which shall includeany nature or kind (including, without limitation, all fees, costs attorney's fees and expenses of appealsexpenses) incurred in any such dispute or claim.
Appears in 3 contracts
Samples: Employment Agreement (PROS Holdings, Inc.), Employment Agreement (PROS Holdings, Inc.), Employment Agreement (PROS Holdings, Inc.)
Attorneys’ Fees. In the event that any dispute among the parties suit or action is instituted --------------- to enforce any provision in this Agreement should result in litigationAgreement, the prevailing party in such dispute shall be entitled to recover from the losing party all fees, costs and expenses of enforcing any right of such prevailing party under or with respect to this Agreement, including without limitation, such reasonable fees and expenses of attorneys and accountants, which shall include, without limitation, all fees, costs and expenses of appeals.
Appears in 3 contracts
Samples: Investors' Rights Agreement (Us Search Corp Com), Registration Rights Agreement (Genstar Therapeutics Corp), Registration Rights Agreement (Genstar Therapeutics Corp)
Attorneys’ Fees. In the event that any dispute among between the parties to this Agreement should result in litigation, the prevailing party in such dispute shall be entitled to recover from the losing party party, all fees, costs and expenses of enforcing any right such rights of such the prevailing party under or with respect to this Agreementparty, including without limitation, such reasonable attorneys' fees and expenses of attorneys and accountants, which shall include, without limitation, all fees, costs and expenses of appealscosts.
Appears in 3 contracts
Samples: Employment Agreement (Tradeqwest Inc), Employment Agreement (Tradeqwest Inc), Employment Agreement (Tradeqwest Inc)
Attorneys’ Fees. In the event that any dispute among the parties to this Agreement should result in litigation, the prevailing party in such dispute shall be entitled to recover from the losing party all fees, costs and expenses of enforcing any right of such prevailing party under or with respect to this Agreement, including without limitation, such limitation reasonable fees and expenses of attorneys and accountants, which shall include, without limitation, accountants and all fees, costs and expenses of appeals.
Appears in 3 contracts
Samples: Agreement (Vanguard Health Systems Inc), Agreement (Vanguard Health Systems Inc), Agreement (VHS of Anaheim Inc)
Attorneys’ Fees. In the event that any dispute among the parties Parties to this Agreement should result in litigation, the prevailing party Party in such dispute shall be entitled to recover from the losing party Party all fees, costs and expenses of enforcing any right of such prevailing party Party under or with respect to this Agreement, including without limitation, such reasonable fees and expenses of attorneys and accountants, which shall include, without limitation, all fees, costs and expenses of appeals.
Appears in 3 contracts
Samples: Call Option Agreement (Mh&sc, Inc), Put Option Agreement (Robcor Properties Inc), Put Option Agreement (MGCC Investment Strategies Inc)
Attorneys’ Fees. In the event that any dispute among the parties to this Agreement should result in litigation, the prevailing party in such dispute shall be entitled to recover from the losing party all reasonable fees, costs and expenses of enforcing any right of such prevailing party under or with respect to this Agreement, including without limitation, such reasonable fees and expenses of attorneys and accountants, which shall include, without limitation, all reasonable fees, costs and expenses of appeals.
Appears in 3 contracts
Samples: Investors Rights Agreement (Oculus Innovative Sciences, Inc.), Investors Rights Agreement (Oculus Innovative Sciences, Inc.), Rights Agreement (Raptor Networks Technology Inc)
Attorneys’ Fees. In the event that any dispute among the parties suit or action is instituted to enforce any provision in this Agreement should result in litigationAgreement, the substantially prevailing party in such dispute shall be entitled to recover from the losing party all fees, costs and expenses of enforcing any right of such prevailing party under or with respect to this Agreement, including without limitation, such reasonable fees and expenses of attorneys and accountants, which shall include, without limitation, all fees, costs and expenses of appealsappeal.
Appears in 3 contracts
Samples: Common Stock Purchase Agreement (Aehr Test Systems), Securities Purchase Agreement (Ista Pharmaceuticals Inc), Common Stock Purchase Agreement (Aehr Test Systems)
Attorneys’ Fees. In the event that If any dispute among the parties suit or action is instituted to enforce any provisions in this Agreement should result in litigationAgreement, the prevailing party in such dispute shall be entitled to recover from the losing party all fees, costs and expenses of enforcing any right of such prevailing party under or with respect to this Agreement, including without limitation, such reasonable fees and expenses of attorneys and accountants, which shall include, without limitation, all fees, costs and expenses of appeals.
Appears in 3 contracts
Samples: Preferred Stock Purchase Agreement (Cancer Prevention Pharmaceuticals, Inc.), Preferred Stock Purchase Agreement (Cancer Prevention Pharmaceuticals, Inc.), Preferred Stock Purchase Agreement (Cancer Prevention Pharmaceuticals, Inc.)
Attorneys’ Fees. In the event that any dispute among the parties Proceeding is instituted under or in relation to this Agreement should result in litigationAgreement, the prevailing party in such dispute shall be entitled to recover from the losing party all fees, costs and expenses of enforcing or defending any right of such prevailing party under or with respect to this Agreement, including without limitation, such reasonable fees and expenses of attorneys and accountants, accountants (which shall include, without limitation, all fees, costs and expenses of appeals).
Appears in 3 contracts
Samples: Investors’ Rights Agreement (IMH Financial Corp), Investors’ Rights Agreement (IMH Financial Corp), Investors’ Rights Agreement (IMH Financial Corp)
Attorneys’ Fees. In the event that any dispute among between the parties to this Agreement should result in litigation, the prevailing party in such dispute shall be entitled to recover from the losing party all fees, costs and expenses of enforcing any right of such prevailing party under or with respect to this Agreement, including without limitation, such reasonable fees and expenses of attorneys and accountants, which shall include, without limitation, all fees, costs and expenses of appeals.. * * * *
Appears in 3 contracts
Samples: Director Agreement (Priority Technology Holdings, Inc.), Consulting Services Agreement (Priority Technology Holdings, Inc.), 19 Execution Version Director Agreement
Attorneys’ Fees. In the event that any a dispute among the parties arises with respect to this Agreement should result in litigationAgreement, the party prevailing party in such dispute shall be entitled to recover from the losing party all feesexpenses, costs and expenses of enforcing any right of such prevailing party under or with respect to this Agreement, including without limitation, such reasonable fees and expenses of attorneys and accountants, which shall includeincluding, without limitation, all feesreasonable attorneys' fees and costs, incurred in determining such party's rights, in preparing to enforce, or in enforcing such party's rights under this Agreement, whether or not it was necessary for such party to institute suit and, if instituted, whether with regard to trial or appeals and shall separately entitle the prevailing party to the costs and expenses for collection of appealsjudgments.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Esynch Corp/Ca), Agreement and Plan of Share Exchange (Innovus Corp)
Attorneys’ Fees. In the event that any If a dispute among the parties arises with respect to this Agreement should result in litigationAgreement, the party prevailing party in such dispute shall be entitled to recover from the losing party all feesexpenses, costs and expenses of enforcing any right of such prevailing party under or with respect to this Agreement, including without limitation, such reasonable fees and expenses of attorneys and accountants, which shall includeincluding, without limitation, all feesreasonable attorneys’ fees and expenses, costs and expenses of appealsincurred in ascertaining such party’s rights, in preparing to enforce, or in enforcing such party’s rights under this Agreement, whether or not it was necessary for such party to institute.
Appears in 2 contracts
Samples: Stockholder Agreement (Howloo, Inc.), Stockholder Agreement (Revelstone Capital Acquisition Corp.)
Attorneys’ Fees. In the event that any dispute among the parties to this Agreement should result in litigation, the prevailing party in such dispute shall be entitled to recover from the losing party all fees, costs and expenses of enforcing any right of such prevailing party under or with respect to this Agreement, including without limitation, such reasonable fees and expenses of attorneys and accountants, which shall include, without limitation, all fees, costs and expenses of appeals.
Appears in 2 contracts
Samples: Common Stock Subscription Agreement (Ask Jeeves Inc), Common Stock Subscription Agreement (Ask Jeeves Inc)
Attorneys’ Fees. In the event that If any dispute among the parties Party to this Agreement should result in litigationseeks to enforce the terms and provisions of this Agreement, then the prevailing party Party in such dispute action shall be entitled to recover from the losing party all feescosts in connection with such action, costs and expenses of enforcing any right of such prevailing party under or with respect to this Agreement, including without limitation, such reasonable fees and expenses of attorneys and accountants, which shall includeincluding, without limitation, all reasonable attorneys' fees, expenses and costs incurred at the administrative, trial, bankruptcy and expenses of appealsall appellate levels.
Appears in 2 contracts
Samples: Asset Purchase and Sale Agreement (National Business Holdings Inc), Asset Purchase and Sale Agreement (Union Dental Holdings, Inc.)
Attorneys’ Fees. In the event that any dispute among the parties to this Agreement should result in litigationa legal proceeding, the prevailing party in such dispute shall be entitled to recover from the losing party other party(ies) to such dispute, all fees, costs and expenses of enforcing any right of such prevailing party under or with respect to this Agreement, including without limitation, such reasonable fees and expenses of attorneys and accountants, which shall include, without limitation, all fees, costs and expenses of appeals.
Appears in 2 contracts
Samples: Rights Agreement (Bigstar Entertainment Inc /Ny), Investors Rights Agreement (Capstone Turbine Corp)
Attorneys’ Fees. In the event that any dispute among the parties suit or action is instituted to enforce any provision in this Agreement should result in litigationAgreement, the prevailing party in such dispute shall be entitled to recover from the losing party all fees, costs and expenses of enforcing any right of such prevailing party under or with respect to this Agreement, including without limitation, such reasonable fees and expenses of attorneys and accountants, which shall include, without limitation, include all fees, costs and expenses of appeals.
Appears in 2 contracts
Samples: Contribution Agreement (usell.com, Inc.), Services Agreement (usell.com, Inc.)
Attorneys’ Fees. In the event that any dispute among the parties to this Agreement should result in litigation, the prevailing party in such dispute shall be entitled to recover from the losing party all fees, costs and expenses of enforcing any right of such prevailing party under or with respect to this Agreement, including without limitation, such reasonable fees and expenses of attorneys and accountantsattorneys, which shall include, without limitation, all fees, costs and expenses of appeals.
Appears in 2 contracts
Samples: Membership Interest Purchase Agreement (Cabinet Grow, Inc.), Stock Purchase Agreement (Humbl, Inc.)
Attorneys’ Fees. In the event that of any dispute among the parties relating to or arising from this Agreement should result in litigationAgreement, the prevailing party in such dispute shall be entitled to recover from the losing non-prevailing party any and all fees, costs and expenses of enforcing any right of such prevailing party under or with respect to this Agreement, (including without limitation, such reasonable limitation attorneys’ fees and expenses other charges of attorneys and accountants, which shall include, without limitation, all fees, costs and expenses of appealscounsel) incurred in connection with litigating such dispute.
Appears in 2 contracts
Samples: Employment Agreement With Benjamin (Zap), Employment Agreement (Zap)
Attorneys’ Fees. In the event that any dispute among the parties to this Agreement should result in litigation, the prevailing party in such dispute shall be entitled to recover from the losing party all fees, costs and expenses of enforcing any right rights of such prevailing party under or with respect to this Agreement, including without limitation, such reasonable fees and expenses of attorneys and accountants, which shall include, without limitation, all fees, costs and expenses of appeals.
Appears in 2 contracts
Samples: Rights Agreement (Nvidia Corp/Ca), Investors' Rights Agreement (Nvidia Corp/Ca)
Attorneys’ Fees. In the event that any dispute among the parties to this Agreement should result in litigation, the prevailing party in such dispute shall be entitled to recover from the losing party all fees, costs and expenses of enforcing any right of such prevailing party under or with respect to this Agreement, including without limitation, such reasonable fees and expenses of attorneys and accountants, which shall include, without limitation, all fees, costs and expenses of appeals. This right is in addition to any remedy available at law or in equity.
Appears in 2 contracts
Samples: Investor Rights Agreement (Leap Technology Inc / De), Investor's Rights Agreement (Seal Holdings Corp)
Attorneys’ Fees. In the event that any dispute among between the parties to this Agreement should result in litigation, the prevailing party in such dispute shall be entitled to recover from the losing party all fees, costs and expenses of enforcing any right of such prevailing party under or with respect to this Agreement, including without limitation, such reasonable fees and expenses of attorneys and accountants, which shall include, without limitation, all fees, costs and expenses of appeals.
Appears in 2 contracts
Samples: Employment Agreement (Priority Technology Holdings, Inc.), Director Agreement (Priority Technology Holdings, Inc.)
Attorneys’ Fees. In the event that any dispute among the parties to this Agreement should result in litigation, the prevailing party in such dispute shall be entitled to recover from the losing party all fees, costs and expenses of enforcing any right of such prevailing party under or with respect to this Agreement, including without limitation, such reasonable fees and expenses of attorneys and accountants, which shall include, without limitation, all fees, costs and expenses of appeals.such
Appears in 2 contracts
Samples: License Agreement (Genomatica Inc), License Agreement (Genomatica Inc)
Attorneys’ Fees. In the event that any dispute among the parties arbitration, suit or action is instituted to enforce any provision in this Agreement should result in litigationAgreement, the prevailing party in such dispute shall be entitled to recover from the losing party all fees, costs and expenses of enforcing any right of such prevailing party under or with respect to this Agreement, including without limitation, such reasonable fees and expenses of attorneys and accountants, which shall include, without limitation, all reasonable fees, costs and expenses of appeals.
Appears in 2 contracts
Samples: Employment Agreement (Opower, Inc.), Employment Agreement (Opower, Inc.)
Attorneys’ Fees. In the event that If any dispute among the parties suit or action is instituted under or in relation to this Agreement should result in litigationAgreement, the prevailing party in such dispute shall be entitled to recover from the losing party all fees, costs and expenses of enforcing such suit or action (including any right of such prevailing party under or with respect to this Agreementappeals), including without limitation, such the reasonable fees and expenses of attorneys and accountants, which shall include, without limitation, all fees, costs and expenses of appeals.
Appears in 2 contracts
Samples: Adoption Agreement (Fulcrum Bioenergy Inc), Voting Agreement (Document Security Systems Inc)
Attorneys’ Fees. In the event that any dispute among the parties to this Agreement should result in litigation, the prevailing party in such dispute shall be entitled to recover from the losing party all fees, costs and expenses of enforcing any right of such prevailing party under or with respect to this Agreement, including without limitation, such reasonable fees and expenses of attorneys and accountants, which shall include, without limitation, all fees, costs and expenses of appeals.
Appears in 2 contracts
Samples: Purchase Agreement (Opentv Corp), Shares and Warrant Purchase Agreement (Opentv Corp)
Attorneys’ Fees. In the event that any dispute among the parties to this Agreement should result in litigation, the prevailing party in such dispute shall be entitled to recover from the losing party all fees, costs and expenses of enforcing any right of such prevailing party under or with respect to this Agreement, including including, without limitation, such reasonable fees and expenses of attorneys and accountants, which shall include, without limitation, all fees, costs and expenses of appealsappeal.
Appears in 2 contracts
Samples: Registration Rights Agreement (Websidestory Inc), Sale Agreement (Aether Systems Inc)
Attorneys’ Fees. In the event that any dispute among the parties suit or action is instituted under or in relation to this Agreement should result Agreement, including without limitation to enforce any provision in litigationthis Agreement, the prevailing party in such dispute shall be entitled to recover from the losing party all fees, costs and expenses of enforcing any right of such prevailing party under or with respect to this Agreement, including without limitation, such reasonable fees and expenses of attorneys and accountants, which shall include, without limitation, all reasonable fees, costs and expenses of appeals.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Canfield Medical Supply, Inc.), Preferred Stock Conversion Agreement (Canfield Medical Supply, Inc.)
Attorneys’ Fees. In the event that any a dispute among the parties arises with respect to this Agreement should result in litigation--------------- Agreement, the party prevailing party in such dispute shall be entitled to recover from the losing party all feesexpenses, costs and expenses of enforcing any right of such prevailing party under or with respect to this Agreement, including without limitation, such reasonable fees and expenses of attorneys and accountants, which shall includeincluding, without limitation, all feesreasonable attorneys' fees and expenses, costs and expenses of appealsincurred in ascertaining such party's rights under this Agreement, whether or not it was necessary for such party to institute suit.
Appears in 2 contracts
Samples: Vendor Services Agreement (RMH Teleservices Inc), Vendor Services Agreement (RMH Teleservices Inc)
Attorneys’ Fees. In the event that If any dispute among arises between any of the parties to hereto regarding the interpretation or the enforcement of this Agreement should result in litigationAgreement, the prevailing party in such dispute or parties shall be entitled to recover from the losing party or parties all feesreasonable expenses, attorneys' fees and court costs and expenses of enforcing any right of such incurred by the prevailing party under or with respect to this Agreement, including without limitation, such reasonable fees and expenses of attorneys and accountants, which shall include, without limitation, all fees, costs and expenses of appealsparties.
Appears in 2 contracts
Samples: California Tax Credit Allocation Committee, California Tax Credit Allocation Committee
Attorneys’ Fees. In the event that any dispute among the parties to this Agreement should result in litigation, the prevailing party in such dispute shall will be entitled to recover from the losing party all fees, costs and expenses expense of enforcing any right of such prevailing party under or with respect to this Agreement, including without limitation, such reasonable fees and expenses of attorneys and accountants, which shall will include, without limitation, all fees, costs and expenses of appeals.
Appears in 2 contracts
Samples: Common Stock Subscription Agreement (Amerigon Inc), Common Stock Subscription Agreement (Amerigon Inc)
Attorneys’ Fees. In the event that any dispute among the parties to this Agreement should result in litigation, the prevailing party in such dispute shall will be entitled to recover from the losing party or parties all fees, costs and expenses of enforcing any right of such prevailing party under or with respect to this Agreement, including without limitation, such reasonable fees and expenses of attorneys and accountants, which shall will include, without limitation, all fees, costs and expenses of appeals.
Appears in 2 contracts
Samples: Option Agreement (Metricom Inc / De), Loan and Security Agreement (Metricom Inc / De)
Attorneys’ Fees. In the event that any dispute among the parties suit or action is instituted to enforce any provision in this Agreement should result in litigationAgreement, the prevailing party in such dispute shall be entitled to recover from the losing party all fees, costs and expenses of enforcing any right of such prevailing party under or with respect to this Agreement, including without limitation, such reasonable fees and expenses of attorneys and accountants, which shall includeincluding, without limitation, all fees, costs and expenses of appeals.
Appears in 1 contract
Samples: Investors’ Rights Agreement (U.S. Auto Parts Network, Inc.)
Attorneys’ Fees. In the event that any dispute among the parties suit or action is initiated to enforce any provision of this Agreement should result in litigationAgreement, the prevailing party in such dispute shall be entitled to recover from the losing party all fees, costs and expenses of enforcing any right of such prevailing party under or with respect to this Agreement, including including, without limitation, such reasonable fees and expenses of attorneys and accountants, which shall include, without limitation, all fees, costs and expenses of appeals.
Appears in 1 contract
Samples: Information and Registration Rights Agreement (Nextest Systems Corp)
Attorneys’ Fees. In the event that any dispute among the parties to this Agreement should result in litigation, the prevailing party in such dispute shall be entitled to recover from the losing party all fees, costs and expenses of enforcing any right of such prevailing party under or with respect to this Agreement, including including, without limitation, such reasonable fees and expenses of attorneys and accountants, which shall include, without limitation, and all fees, costs and expenses of appeals.
Appears in 1 contract
Attorneys’ Fees. In the event that any dispute among the parties --------------- to this Agreement Warrant should result in litigation, the prevailing party in such dispute shall will be entitled to recover from the losing party all fees, costs and expenses of enforcing any right of such prevailing party under or with respect to this AgreementAgreement including, including without limitation, such reasonable fees and expenses of attorneys and accountants, which shall will include, without limitation, all fees, costs and expenses of appeals.
Appears in 1 contract
Attorneys’ Fees. In the event that any dispute among the parties --------------- to this Agreement should result in litigation, the prevailing party in such dispute shall be entitled to recover from the losing party all fees, costs and expenses of enforcing any right of such prevailing party under or with respect to this Agreement, including without limitation, such reasonable fees and expenses of attorneys and accountants, which shall include, without limitation, all fees, costs and expenses of appeals.
Appears in 1 contract
Attorneys’ Fees. In the event that any dispute among the parties to this Agreement should result in litigation, the prevailing party Party which prevails in such dispute by enforcing the provisions of this Agreement shall be entitled to recover from the losing party non-prevailing Party all fees, costs and expenses of enforcing any right of such prevailing party Party under or with respect to this Agreement, including without limitation, such reasonable fees and expenses of attorneys and accountants, which shall include, without limitation, all fees, costs and expenses of appeals.
Appears in 1 contract
Samples: Loan and Unit Issuance Agreement (Great Basin Scientific, Inc.)
Attorneys’ Fees. In the event that any dispute among between the parties to this Agreement should result in litigation, the prevailing party in such dispute shall be entitled to recover from the losing party all fees, costs and expenses of enforcing any right of such prevailing party under or with respect to this Agreement, including without limitation, such reasonable fees and expenses of attorneys and accountants, which shall include, without limitation, all fees, costs and expenses of appeals.. ****
Appears in 1 contract
Samples: Director Agreement (Priority Technology Holdings, Inc.)
Attorneys’ Fees. In the event that any dispute among the parties to this Rights Agreement should result in litigation, the prevailing party in such dispute shall be entitled to recover from the losing party all fees, costs and expenses of enforcing any right of such prevailing party under or with respect to this Rights Agreement, including without limitation, such reasonable fees and expenses of attorneys and accountants, which shall include, without limitation, all fees, costs and expenses of appeals.. A-83 89
Appears in 1 contract
Attorneys’ Fees. In the event that of any dispute among arising out of the parties to interpretation, performance, or breach of any provision of this Agreement should result in litigationSettlement Agreement, the prevailing party in such dispute dispute(s) shall be entitled to recover from the losing party all fees, costs and expenses of enforcing any right of such prevailing party under or with respect to this Agreement, including without limitation, such her and/or its reasonable attorneys’ fees and expenses of attorneys costs incurred arising from such dispute. Otherwise, and accountants, which shall include, without limitationexcept as otherwise provided herein, all fees, costs parties shall bear their own attorneys' fees and expenses costs. Plaintiff and the Settlement Class members shall be solely responsible for any apportionment of appealsattorneys' fees between their respective attorneys.
Appears in 1 contract
Samples: Settlement Agreement
Attorneys’ Fees. In the event that any dispute among the parties to this Agreement should result in litigation, the prevailing party in such dispute shall be entitled to recover from the losing party all fees, costs and expenses of enforcing any the right of such prevailing party under or with respect to this Agreement, including without limitation, such reasonable fees and expenses of attorneys and accountants, which shall include, include without limitation, all fees, costs and expenses of appeals.
Appears in 1 contract
Samples: Series C Preferred Stock Purchase Agreement (Trans1 Inc)
Attorneys’ Fees. In the event that any dispute among the parties to this Agreement should result results in litigation, the prevailing party or parties in such dispute shall will be entitled to recover from the losing party or parties all fees, costs and expenses of enforcing any right or rights of such the prevailing party or parties under or with respect to this AgreementAgreement including, including without limitation, such reasonable fees and expenses of attorneys and accountants, which shall include, without limitation, all fees, costs and expenses of appeals.
Appears in 1 contract
Samples: Operating Agreement (Urs Corp /New/)
Attorneys’ Fees. In the event that any If a dispute among the parties arises with respect to this Agreement should result in litigationAgreement, then the party prevailing party in such dispute shall be entitled to recover from the losing other party all feesexpenses, costs and expenses of enforcing any right of such prevailing party under or with respect to this Agreement, including without limitation, such reasonable fees and expenses of attorneys and accountants, which shall includeincluding, without limitation, all feesreasonable attorneys’ fees and expenses, costs incurred in ascertaining such party’s rights and expenses of appealsin preparing to enforce and in enforcing such party’s rights under this Agreement, whether or not it was necessary for such party to institute suit.
Appears in 1 contract
Attorneys’ Fees. In the event that any dispute among the parties to this Agreement should result in litigation, the prevailing party in such dispute shall be entitled to recover from the losing party all fees, costs and expenses of enforcing any right of such prevailing party under or with respect to this AgreementAgreement and the transactions contemplated hereby, including without limitation, such reasonable fees and expenses of attorneys and accountants, which shall include, without limitation, all fees, costs and expenses of appeals.
Appears in 1 contract
Samples: Preferred Stock Purchase Agreement (Seal Holdings Corp)
Attorneys’ Fees. In the event that any dispute among the parties suit or action is ---------------- instituted to Xxxxxxxx & Knighenforce any provision in this Agreement should result in litigationor any Related Agreement, the prevailing party in such dispute shall be entitled to recover from the losing party all fees, costs and expenses of enforcing any right of such prevailing party under or with respect to this Agreement and/or such Related Agreement, including including, without limitation, such reasonable fees and expenses of attorneys and accountants, which shall include, without limitation, all fees, costs and expenses of appeals.
Appears in 1 contract
Samples: Securities Purchase Agreement (New Century Energy Corp.)
Attorneys’ Fees. In the event that any dispute among the parties to this Agreement should result in litigationAgreement, the prevailing party or parties, as the case may be, in such dispute shall be entitled to recover from the losing party all or parties, as the case may be, reasonable fees, costs and expenses of enforcing any right of such prevailing party or parties, as the case may be, under or with respect to this Agreement, including without limitation, such reasonable fees and expenses of attorneys and accountants, which shall include, without limitation, all reasonable fees, costs and expenses of appeals.
Appears in 1 contract
Samples: Common Stock Purchase Agreement (Award Software International Inc)
Attorneys’ Fees. In the event that any dispute among the parties Proceeding is instituted under or in relation to this Agreement should result in litigationAgreement, the prevailing party in such dispute shall be entitled to recover from the losing party all fees, costs and expenses of enforcing or defending any right of such prevailing party under or with respect to this Agreement, including without limitation, such reasonable fees and expenses of attorneys and accountants, accountants (which shall include, without limitation, all fees, costs and expenses of appeals.). (i)
Appears in 1 contract
Samples: Investors’ Rights Agreement
Attorneys’ Fees. In the event that any dispute among the parties to this Agreement should result in litigation, the prevailing party in such dispute shall be entitled to recover from the losing party all fees, costs and expenses of enforcing any right of such prevailing party under or with respect to this Agreement, including without limitation, such reasonable fees and expenses of attorneys and accountants, which shall include, without limitation, all fees, costs and expenses of appeals.
Appears in 1 contract
Attorneys’ Fees. In the event that any dispute among the parties suit or action is ---------------- instituted to enforce any provision in this Agreement should result in litigationAgreement, the prevailing party in such dispute shall be entitled to recover from the losing party all fees, costs and expenses of enforcing any right of such prevailing party under or with respect to this Agreement, including including, without limitation, such reasonable fees and expenses of attorneys and accountants, which shall include, without limitation, all fees, costs and expenses of appeals.
Appears in 1 contract
Attorneys’ Fees. In the event that any action to resolve a dispute among the parties to under this Agreement should result in litigationAgreement, the prevailing party in such dispute shall will be entitled to recover from the losing other party all fees, costs and expenses of enforcing incurred in that action and any right of such prevailing party under or with respect to this Agreementappeal therefrom, including without limitation, such reasonable fees but not limited to court or arbitration costs and expenses of attorneys and accountants, which shall include, without limitationfees, all reasonable attorneys' fees, costs and expenses of appealsother related costs.
Appears in 1 contract
Samples: End User License Agreement
Attorneys’ Fees. In the event that any dispute among or between any of the parties to this Agreement should result in litigation, the prevailing party in such dispute shall be entitled to recover from the losing party all fees, costs and expenses of enforcing any right of such prevailing party under or with respect to this Agreement, including without limitation, such reasonable fees and expenses of attorneys and accountants, which shall include, without limitation, all fees, costs and expenses of appeals.. 7.9
Appears in 1 contract
Samples: Co Sale Agreement (Intel Corp)