Costs of Proceedings. Bank shall pay all costs and expenses, including all attorneys' fees and disbursements, of Bank and, at least monthly, Executive, in connection with any proceedings undertaken pursuant to this Section 13, whether or not instituted by Bank, or Executive, relating to the interpretation or enforcement of any provision of this Agreement; provided that if Executive instituted the proceeding and a finding is entered that Executive instituted the proceeding in bad faith, Executive shall pay all of Executive’s costs and expenses, including attorneys' fees and disbursements. Any payments made under this Section 13(e) shall be in conformance with Section 4(b)(xi) above.
Appears in 9 contracts
Samples: Change in Control Severance Agreement (SBT Bancorp, Inc.), Control Severance Agreement (SBT Bancorp, Inc.), Change in Control Severance Agreement (SBT Bancorp, Inc.)
Costs of Proceedings. Bank shall pay all costs and expenses, including all attorneys' fees and disbursements, of Bank and, at least monthly, Executive, in connection with any proceedings undertaken pursuant to this Section 13, whether or not instituted by Bank, or Executive, relating to the interpretation or enforcement of any provision of this Agreement; provided that if Executive instituted the proceeding and a finding is entered that Executive instituted the proceeding in bad faith, Executive shall pay all of Executive’s 's costs and expenses, including attorneys' fees and disbursements. Any payments made under this Section 13(e) shall be in conformance with Section 4(b)(xi) above.
Appears in 3 contracts
Samples: Change in Control Severance Agreement (SBT Bancorp, Inc.), Change in Control Severance Agreement (SBT Bancorp, Inc.), Change in Control Severance Agreement (SBT Bancorp, Inc.)
Costs of Proceedings. Bank shall pay all costs and expenses, including all attorneys' fees and disbursements, of Bank and, at least monthly, Executive, in connection with any proceedings undertaken pursuant to this Section 13, whether or not instituted by Bank, or Executive, relating to the interpretation or enforcement of any provision of this Agreement; provided that if Executive instituted the proceeding and a finding is entered that Executive instituted the proceeding in bad faith, Executive shall pay all of Executive’s 's costs and expenses, including attorneys' fees and disbursements. Any payments made under this Section 13(e) shall be in conformance with Section 4(b)(xi) above.. -35-
Appears in 1 contract
Samples: Change in Control Severance Agreement (SBT Bancorp, Inc.)
