Common use of Costs of Proceedings Clause in Contracts

Costs of Proceedings. The Company shall pay for all costs and expenses of Executive, at least monthly, including attorneys’ fees and disbursements, in connection with any legal proceeding (including arbitration), whether instituted by the Company or by Executive, relating to the interpretation or enforcement of any provision of this Agreement, except that if Executive instituted the proceeding and the judge, arbitrator or other individual presiding over the proceeding affirmatively finds that Executive instituted the proceeding in bad faith, then Executive shall be required to pay all costs and expenses of Executive, including attorney’s fees and disbursements, and shall not be entitled to reimbursement. The Company shall pay prejudgment interest on any money judgment obtained by Executive as a result of such a proceeding, calculated at the prime rate of interest as reported in the Wall Street Journal, as in effect from time to time, from the date that payment should have been made to Executive under this Agreement.

Appears in 12 contracts

Samples: Corporation Termination Protection Agreement (Viewpoint Corp), Corporation Termination Protection Agreement (Viewpoint Corp), Termination Protection Agreement (Arena Pharmaceuticals Inc)

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Costs of Proceedings. The Company shall pay for all costs and expenses of Executive, at least monthly, including attorneys' fees and disbursements, in connection with any legal proceeding (including arbitration), whether instituted by the Company or by Executive, relating to the interpretation or enforcement of any provision of this Agreement, except that if Executive instituted the proceeding and the judge, arbitrator or other individual presiding over the proceeding affirmatively finds that Executive instituted the proceeding in bad faith, then Executive shall be required to pay all costs and expenses of Executive, including attorney’s 's fees and disbursements, and shall not be entitled to reimbursement. The Company shall pay prejudgment interest on any money judgment obtained by Executive as a result of such a proceeding, calculated at the prime rate of interest as reported in the Wall Street Journal, as in effect from time to time, from the date that payment should have been made to Executive under this Agreement.

Appears in 3 contracts

Samples: Termination Protection Agreement (Thomas & Betts Corp), Termination Protection Agreement (Thomas & Betts Corp), Termination Protection Agreement (Thomas & Betts Corp)

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