Common use of Costs of Enforcement Clause in Contracts

Costs of Enforcement. If any party to this Agreement seeks to enforce its rights under this Agreement by legal proceedings, the non-prevailing party shall pay all costs and expenses incurred by the prevailing party, including, without limitation, all reasonable attorneys’ fees.

Appears in 173 contracts

Samples: Voting Agreement (PureTech Health PLC), Investors’ Rights Agreement (Eliem Therapeutics, Inc.), Voting Agreement

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Costs of Enforcement. If any party Party to this Agreement seeks to enforce its rights under this Agreement by legal proceedings, the non-prevailing party Party shall pay all costs and expenses incurred by the prevailing partyParty, including, without limitation, all reasonable attorneys’ fees.

Appears in 28 contracts

Samples: Investors’ Rights Agreement (LEGALZOOM.COM, Inc.), Investors’ Rights Agreement (Olo Inc.), Affiliation Agreement (Tercica Inc)

Costs of Enforcement. If any party to this Agreement seeks to enforce its rights under this Agreement by legal proceedings, the non-prevailing party shall pay all costs and expenses incurred by the prevailing party, including, without limitation, all reasonable attorneys' fees.

Appears in 10 contracts

Samples: Voting Agreement (Sredl Gordan), Voting Agreement (FWHC Holdings, LLC), Voting Agreement (Citius Pharmaceuticals, Inc.)

Costs of Enforcement. If any party to this Agreement seeks to enforce its rights under this Agreement by legal proceedingsproceedings against any other party to this Agreement, the non-prevailing party or parties named in such legal proceedings shall pay all costs and expenses incurred by the prevailing partyparty or parties, including, without limitation, all reasonable attorneys’ fees.

Appears in 8 contracts

Samples: LLC Purchase Agreement (Blue Sphere Corp.), LLC Purchase Agreement (Blue Sphere Corp.), Orbit Energy Rhode Island, LLC Purchase Agreement (Blue Sphere Corp.)

Costs of Enforcement. If any party to this Agreement seeks to enforce its rights under this Agreement by legal proceedingsproceedings or otherwise, the non-prevailing party shall will pay all costs and expenses incurred by the prevailing party, including, without limitation, all reasonable attorneys’ and experts’ fees.

Appears in 7 contracts

Samples: Agreement and Plan of Reorganization (Sonic Solutions/Ca/), Ivow Merger Voting Agreement (iVOW, Inc.), Voting Agreement (Swenson Granite Co LLC)

Costs of Enforcement. If any party to this Agreement seeks to enforce its rights under this Agreement by legal proceedingsproceedings or otherwise, the non-prevailing party shall will pay all costs and expenses incurred by the prevailing party, including, without limitation, all reasonable attorneys' and experts' fees.

Appears in 7 contracts

Samples: Voting Agreement (Gric Communications Inc), Agreement and Plan of Merger (Broadbase Software Inc), Non Employee Shareholders' Agreement (724 Solutions Inc)

Costs of Enforcement. If any party to this Agreement seeks to enforce its rights under this Agreement by legal proceedings, the non-prevailing party shall pay all costs and expenses incurred by the prevailing party, including, without limitation, all reasonable attorneys’ legal adviser’s fees.

Appears in 7 contracts

Samples: Adherence Agreement (Burning Rock Biotech LTD), Shareholders’ Agreement (JIAYUAN.COM International LTD), Shareholders’ Agreement (JIAYUAN.COM International LTD)

Costs of Enforcement. If any party to this Agreement seeks to enforce its rights under this Agreement by legal proceedingsproceedings or otherwise, the non-prevailing party shall pay all costs and expenses incurred by the prevailing party, including, without limitation, all reasonable attorneys' and experts' fees.

Appears in 7 contracts

Samples: Agreement and Plan of Reorganization (Niku Corp), Agreement and Plan of Reorganization (Niku Corp), Non Competition Agreement (Intuit Inc)

Costs of Enforcement. If any party Party to this Agreement seeks to enforce its rights under this Agreement by legal proceedings, the non-prevailing party Party shall pay all costs and expenses incurred by the prevailing partyParty, including, without limitation, all reasonable attorneys’ legal advisor’s fees.

Appears in 6 contracts

Samples: Share Purchase Agreement (Momo Inc.), Series D Preferred Share Purchase Agreement (Momo Inc.), Shareholders’ Agreement (Momo Inc.)

Costs of Enforcement. If any party to this Agreement seeks to enforce its rights under this Agreement by legal proceedings, the non-prevailing party shall pay all costs and expenses incurred by the prevailing party, including, without limitation, all reasonable attorneys’ fees.]

Appears in 5 contracts

Samples: Adoption Agreement, Adoption Agreement, Adoption Agreement

Costs of Enforcement. If any party Party to this Agreement seeks to enforce its rights under this Agreement by legal proceedings, the non-prevailing party Party shall pay all costs and expenses incurred by the prevailing partyParty, including, without limitation, all reasonable attorneys’ legal adviser’s fees.

Appears in 5 contracts

Samples: Shareholders’ Agreement (Dingdong (Cayman) LTD), Shareholders’ Agreement (Qiniu Ltd.), Shareholders’ Agreement (Qiniu Ltd.)

Costs of Enforcement. If any party to this Agreement seeks to enforce its rights under this Agreement by legal proceedings, the non-prevailing party shall pay all costs and expenses incurred by the prevailing party, including, without limitation, including all reasonable attorneys’ legal fees.

Appears in 4 contracts

Samples: Voting Agreement (Shackelford Pharma Inc.), Adoption Agreement (Naqi Logix Inc.), Voting Agreement (Naqi Logix Inc.)

Costs of Enforcement. If any party to this Agreement seeks to -------------------- enforce its rights under this Agreement by legal proceedingsproceedings or otherwise, the non-prevailing party shall will pay all costs and expenses incurred by the prevailing party, including, without limitation, all reasonable attorneys' and experts' fees.

Appears in 4 contracts

Samples: Agreement and Plan of Merger (Kana Communications Inc), Voting Agreement (Broadbase Software Inc), Voting Agreement (Kana Communications Inc)

Costs of Enforcement. If any party Party to this Agreement seeks to enforce its rights under this Agreement by legal proceedings, the non-prevailing party Party shall pay all costs and expenses incurred by the prevailing partyParty, including, without limitation, all reasonable attorneys' fees.

Appears in 4 contracts

Samples: Registration Rights Agreement (Advanced Life Sciences Holdings, Inc.), Investors' Rights Agreement (Pacifichealth Laboratories Inc), Investors' Rights Agreement (Pacifichealth Laboratories Inc)

Costs of Enforcement. If any party to this Agreement seeks to enforce its rights under this Agreement by legal proceedingsproceedings or otherwise, or seeks a declaration of any rights or obligations under this Agreement, the non-prevailing party shall pay all costs and expenses incurred by the prevailing party, including, without limitation, all reasonable attorneys’ feeslegal fees and expenses.

Appears in 3 contracts

Samples: Membership Interests Purchase Agreement (Charter Communications Holdings Capital Corp), Membership Interests Purchase Agreement (Charter Communications Holdings Capital Corp), Membership Interests Purchase Agreement (Charter Communications Holdings Capital Corp)

Costs of Enforcement. If any party to this Agreement seeks to enforce its rights under this Agreement by legal proceedings, the non-prevailing party shall pay all costs and expenses incurred by the prevailing party, party including, without limitation, all reasonable attorneys’ fees.

Appears in 3 contracts

Samples: Investors’ Rights Agreement (Trade Desk, Inc.), Investors’ Rights Agreement (Rubicon Project, Inc.), Investors’ Rights Agreement (Trade Desk, Inc.)

Costs of Enforcement. If any party to this Agreement seeks to enforce its rights under this Agreement by legal proceedingsproceedings or otherwise, the non-prevailing party shall pay all reasonable costs and expenses incurred by the prevailing party, including, without limitation, all reasonable attorneys' fees.

Appears in 2 contracts

Samples: Common Stock Purchase Agreement (Great China Industries LTD), Stockholders Agreement (Aew Partners Ii Lp)

Costs of Enforcement. If any party to this Voting Agreement seeks to enforce its rights under this Voting Agreement by legal proceedings, the non-prevailing party shall pay all costs and expenses incurred by the prevailing party, including, without limitation, all reasonable attorneys’ fees.

Appears in 2 contracts

Samples: Voting Agreement (Document Capture Technologies, Inc.), Voting Agreement (NCR Corp)

Costs of Enforcement. If any party to this Side Letter Agreement seeks to enforce its rights under this Side Letter Agreement by legal proceedings, the non-prevailing party shall pay all costs and expenses incurred by the prevailing party, including, without limitation, all reasonable attorneys’ fees.

Appears in 2 contracts

Samples: Letter Agreement (Amyris, Inc.), Letter Agreement (Fulcrum Bioenergy Inc)

Costs of Enforcement. If any party to this Agreement seeks to enforce its rights under this Agreement by legal proceedings, the non-prevailing party shall pay all costs and expenses incurred by the prevailing party, including, including without limitation, all reasonable attorneys’ fees.

Appears in 2 contracts

Samples: Rights Agreement (Luca Technologies Inc), Voting Agreement (Rubicon Project, Inc.)

Costs of Enforcement. If any party to this Agreement seeks to enforce its rights under this Agreement by legal proceedingsproceedings against any other party to this Agreement, the non-prevailing party or parties named in such legal proceedings shall pay all reasonable costs and expenses incurred by the prevailing partyparty or parties, including, without limitation, all reasonable attorneys’ fees.

Appears in 2 contracts

Samples: Stock Transfer Agreement (Zynerba Pharmeceuticals, Inc.), Stock Transfer Agreement (Zynerba Pharmeceuticals, Inc.)

Costs of Enforcement. If any party to this Agreement seeks to enforce its rights under this Agreement by legal proceedingsproceedings or otherwise, the non-prevailing party shall pay all costs and expenses incurred by the prevailing party, including, without limitation, all reasonable attorneys' fees.

Appears in 2 contracts

Samples: Loan and Pledge Agreement (E Loan Inc), Put/Call Option Agreement (Photronics Inc)

Costs of Enforcement. If any party to this Agreement seeks to enforce its rights under this Agreement by legal proceedings, the non-prevailing party party, as determined by a court of competent jurisdiction in a final, non-appealable order, shall pay all reasonable, out-of-pocket costs and expenses incurred by the prevailing party, including, without limitation, all reasonable attorneys’ fees.. * * * * *

Appears in 2 contracts

Samples: Investor Rights Agreement (GoodRx Holdings, Inc.), Investor Rights Agreement (GoodRx Holdings, Inc.)

Costs of Enforcement. If any party to this Agreement seeks to enforce its rights under this Agreement by legal proceedings, the non-prevailing party shall pay all reasonable costs and expenses incurred by the prevailing party, including, without limitation, all reasonable attorneys’ fees, including on appeal.

Appears in 1 contract

Samples: Adoption Agreement (Oramed Pharmaceuticals Inc.)

Costs of Enforcement. If any party Party to this Agreement seeks to enforce its rights under this Agreement by legal proceedings, the non-prevailing party shall pay all costs and expenses incurred by the prevailing party, including, without limitation, all reasonable attorneys’ fees.

Appears in 1 contract

Samples: Adoption Agreement (Crexendo, Inc.)

Costs of Enforcement. If any party to this Lock-Up Agreement seeks to enforce its rights under this Agreement by legal proceedings, the non-prevailing party shall pay all costs and expenses incurred by the prevailing party, including, without limitation, all reasonable attorneys’ fees.

Appears in 1 contract

Samples: Securities Purchase Agreement (Investview, Inc.)

Costs of Enforcement. If any party to this Agreement or parties seeks to enforce its rights under this Agreement by legal proceedingsproceeding against any other party, the non-prevailing party or parties named in such legal proceeding shall pay all costs and expenses incurred by the prevailing party, including, including without limitation, all reasonable attorneys’ fees.

Appears in 1 contract

Samples: Share Purchase Agreement (Qualigen Therapeutics, Inc.)

Costs of Enforcement. If any party to this Agreement seeks to enforce his, her or its rights under this Agreement by legal proceedings, the non-prevailing party shall pay all costs and expenses incurred by the prevailing party, including, without limitation, all reasonable attorneys' fees, including any such fees incurred upon appeal.

Appears in 1 contract

Samples: Voting Agreement (U S Online Communications Inc)

Costs of Enforcement. If any party to this Agreement seeks to enforce its rights under this Agreement by legal proceedings, the non-prevailing party shall pay all costs and expenses incurred by the prevailing party, including, without limitation, all reasonable attorneys’ fees.fees.]‌

Appears in 1 contract

Samples: Voting Agreement

Costs of Enforcement. If any party to this Agreement seeks to enforce its rights under this Agreement by legal proceedingsproceedings or otherwise, the non-prevailing party shall will pay all costs and expenses incurred by the prevailing party, including, without limitation, all reasonable attorneys’ and experts’ fees.

Appears in 1 contract

Samples: Voting Agreement (Hope Bancorp Inc)

Costs of Enforcement. If any party Party to this Agreement seeks to enforce its rights under this Agreement by legal proceedings, the non-prevailing party Party shall pay all costs and expenses incurred by the prevailing partyParty, including, without limitation, all reasonable attorneys’ fees.. [Signature Page Follows]

Appears in 1 contract

Samples: Shareholders Agreement

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Costs of Enforcement. If any party either Party to this Agreement seeks to enforce its rights under this Agreement by legal proceedingsformal proceedings or otherwise, the non-prevailing party Party shall pay all costs and expenses incurred by the prevailing partyParty (who shall be the Party which obtains substantially the relief it sought, includingwhether by settlement, without limitationcompromise or judgment), including all reasonable attorneys’ fees' fees and costs.

Appears in 1 contract

Samples: Asset Purchase Agreement (Designs Inc)

Costs of Enforcement. If any party to this Agreement seeks to enforce its rights under this Agreement by legal proceedingsproceedings or otherwise, the non-prevailing party shall pay all costs and expenses incurred by the prevailing party, including, without limitation, all reasonable attorneys’ and experts’ fees.

Appears in 1 contract

Samples: Non Competition Agreement (Versant Corp)

Costs of Enforcement. If any party to this Agreement seeks to enforce its rights under this Agreement by legal proceedings, the non-prevailing party shall pay all costs and expenses incurred by the prevailing party, including, including without limitation, all reasonable attorneys’ attorney fees.

Appears in 1 contract

Samples: Stockholders Agreement (H Power Corp)

Costs of Enforcement. If any party to this Agreement seeks to enforce its rights under this Agreement by legal proceedingsproceedings or otherwise, the non-prevailing party shall pay all costs and expenses incurred by the prevailing party, including, without limitation, all reasonable attorneys’ fees.

Appears in 1 contract

Samples: Loan and Pledge Agreement (Valicert Inc)

Costs of Enforcement. If any party to this Agreement seeks to enforce its rights under this Agreement by legal proceedings, the non-prevailing party shall pay all reasonable costs and expenses incurred by the prevailing party, including, without limitation, including all reasonable attorneys’ legal fees.

Appears in 1 contract

Samples: Investor Rights Agreement (Mazij Matevz)

Costs of Enforcement. If any party to this Agreement seeks to enforce its rights under this Agreement by legal proceedings, the non-prevailing party Party shall pay all costs and expenses incurred by the prevailing party, including, without limitation, all reasonable attorneys’ fees.

Appears in 1 contract

Samples: Investor Rights Agreement (Brightcove Inc)

Costs of Enforcement. If any party to this Agreement seeks to enforce its rights under this Agreement by legal proceedings, the non-prevailing party shall will pay all costs and expenses incurred by the prevailing party, including, without limitation, including all reasonable attorneys’ fees.

Appears in 1 contract

Samples: Adoption Agreement (Generex Biotechnology Corp)

Costs of Enforcement. If any party to this Agreement seeks to enforce its rights under this Agreement Agreement, by legal proceedingsproceedings or otherwise, or seeks a declaration of any rights or obligations under this Agreement, the non-prevailing party shall pay all costs and expenses incurred by the prevailing party, including, without limitation, all reasonable attorneys' fees and expert witnesses' and other consultants' fees.

Appears in 1 contract

Samples: Aircraft Maintenance Services Agreement (Hawaiian Airlines Inc/Hi)

Costs of Enforcement. If any party to this Agreement seeks to enforce its rights under this Agreement by legal proceedings, the non-prevailing party shall pay all reasonable costs and expenses incurred by the prevailing party, including, without limitation, all reasonable attorneys' fees.

Appears in 1 contract

Samples: Warrant Agreement (Healthplan Services Corp)

Costs of Enforcement. If any party to this Agreement seeks to -------------------- enforce its rights under this Agreement by legal proceedingsproceedings or otherwise, the non-prevailing party shall pay all costs and expenses incurred by the prevailing party, including, without limitation, all reasonable attorneys' fees.

Appears in 1 contract

Samples: Loan and Pledge Agreement (Applied Micro Circuits Corp)

Costs of Enforcement. If any party to this Agreement seeks to enforce its rights under this Agreement by legal proceedings, the non-prevailing party shall pay all costs and expenses incurred by the prevailing party, including, without limitation, all reasonable attorneys’ fees.. [omitted]

Appears in 1 contract

Samples: Investors’ Rights Agreement (Qnergy Inc.)

Costs of Enforcement. If any party Party to this Agreement seeks to enforce its rights under this Agreement by legal proceedings, the non-prevailing party Party shall pay all reasonable costs and expenses incurred by the prevailing partyParty, including, without limitation, all reasonable attorneys’ fees.

Appears in 1 contract

Samples: Registration Rights Agreement (Installed Building Products, Inc.)

Costs of Enforcement. If any party to this Agreement seeks to enforce its rights under this Agreement by legal proceedingsproceeding or otherwise, the non-prevailing party shall pay all costs and expenses incurred by the prevailing party, including, including without limitation, all reasonable attorneys’ attorney’s fees.

Appears in 1 contract

Samples: Form of Repurchase Agreement (Salmedix Inc)

Costs of Enforcement. If any party to this Additional Agreement seeks to enforce its rights under this Additional Agreement by legal proceedings, the non-prevailing party shall pay all costs and expenses incurred by the prevailing party, including, without limitation, all reasonable attorneys’ fees.

Appears in 1 contract

Samples: Letter Agreement (Twitter, Inc.)

Costs of Enforcement. If any party to this Agreement seeks to enforce its rights under this Agreement by legal proceedings, the non-prevailing party shall pay all costs and expenses incurred by the prevailing party, including, without limitation, including all reasonable attorneys’ fees.

Appears in 1 contract

Samples: Rights Agreement (Coskata, Inc.)

Costs of Enforcement. If any party to this Agreement seeks to enforce its rights under this Agreement by legal proceedings, the non-prevailing party shall pay all costs and expenses incurred by the prevailing party, including, without limitation, all reasonable attorneys’ feesfees and costs.

Appears in 1 contract

Samples: Voting Agreement and Proxy (Cuentas Inc.)

Costs of Enforcement. If any party to this Agreement seeks to enforce its rights under this Agreement by legal proceedings, the non-prevailing party shall pay all costs and costsand expenses incurred by the prevailing party, including, without limitation, all reasonable attorneys’ fees.

Appears in 1 contract

Samples: Voting Agreement

Costs of Enforcement. If any party to this Agreement seeks to enforce its rights under this Agreement by legal proceedings, the non-prevailing party shall pay all costs and expenses incurred by the prevailing party, including, without limitation, all reasonable attorneys' fees.. ​ [Signature Page Follows] ​ ​ ​

Appears in 1 contract

Samples: Voting Agreement (Ferrellgas L P)

Costs of Enforcement. If any party to this Agreement seeks to enforce its rights under this Agreement by legal proceedings, the non-prevailing party shall pay all costs and expenses incurred by the prevailing party, including, without limitation, all reasonable attorneys’ feesincurred.

Appears in 1 contract

Samples: Agreement (Information Analysis Inc)

Costs of Enforcement. If any party to this Agreement seeks to enforce its rights under this Agreement by legal proceedings, the non-prevailing party shall pay all costs and expenses incurred by the prevailing party, including, without limitation, all reasonable attorneys’ legal adviser’s fees, as directed by the relevant court.

Appears in 1 contract

Samples: Shareholders’ Agreement (Phoenix New Media LTD)

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