Common use of Costs Clause in Contracts

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

Appears in 25 contracts

Samples: Agreement and Plan of Acquisition (Avalon Oil & Gas, Inc.), Agreement and Plan of Acquisition (Stealth Medialabs Inc), Agreement and Plan of Acquisition (Utek Corp)

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

Appears in 24 contracts

Samples: Merger Agreement (Cannabis Kinetics Corp.), Agreement for the Purchase (Darlington Mines Ltd.), Agreement (Mascota Resources Corp.)

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

Appears in 21 contracts

Samples: Agreement and Plan of Acquisition (Utek Corp), Agreement and Plan of Acquisition (Utek Corp), Agreement and Plan of Acquisition (CSMG Technologies, Inc.)

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

Appears in 16 contracts

Samples: Agreement and Plan of Acquisition (Avalon Oil & Gas, Inc.), Agreement and Plan of Acquisition (Utek Corp), Agreement and Plan of Acquisition (Avalon Oil & Gas, Inc.)

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

Appears in 7 contracts

Samples: Agreement and Plan of Acquisition (Probe Manufacturing Inc), Agreement and Plan of Acquisition (ADVANCED MEDICAL ISOTOPE Corp), Agreement and Plan of Acquisition (Advanced Refractive Technologies, Inc.)

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

Appears in 5 contracts

Samples: Agreement and Plan of Merger (Delano Technology Corp), Agreement and Plan of Merger (Interland Inc /Mn/), Agreement and Plan of Merger (Interland Inc /Mn/)

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

Appears in 4 contracts

Samples: Asset Purchase Agreement (Charter Communications Southeast Lp), Asset Purchase Agreement (Charter Communications Southeast Holdings Lp), Asset Purchase Agreement (Charter Communications Southeast Lp)

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

Appears in 4 contracts

Samples: Acquisition Agreement (Exchange National Bancshares Inc), Acquisition Agreement (Exchange National Bancshares Inc), Acquisition Agreement (Exchange National Bancshares Inc)

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

Appears in 3 contracts

Samples: Funding Planning Project Grant, Grant Agreement, Grant Agreement

Costs. If any legal action or any arbitration or other proceeding is brought for the enforcement or interpretation of any of the rights or provisions of this agreement Agreement (including the indemnification provision), or because of an alleged dispute, breach, default, default or misrepresentation in connection with any of the provisions of this agreementAgreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys' fees and all other costs and expenses incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.

Appears in 3 contracts

Samples: Asset Purchase Agreement (Amcon Distributing Co), Non Competition Agreement (Arts Way Manufacturing Co Inc), Asset Purchase Agreement (Inergy L P)

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

Appears in 3 contracts

Samples: Agreement of Purchase and Sale (Monterey Homes Corp), Agreement of Purchase and Sale (Monterey Homes Corp), Master Transaction Agreement (Meritage Corp)

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

Appears in 3 contracts

Samples: Stock Exchange Agreement (Col China Online International Inc), Stock Exchange Agreement (Greenleaf Technologies Corp), Agreement (Antennas America Inc)

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

Appears in 3 contracts

Samples: Loan and Security Agreement (Sovereign Exploration Associates International, Inc.), Employment Agreement (Ts&b Holdings Inc), Settlement and Release Agreement (Acs Holdings Inc)

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

Appears in 3 contracts

Samples: Agreement and Plan of Merger (Nationwide Electric Inc), Asset Purchase Agreement (Nationwide Electric Inc), Stock Purchase Agreement (Nationwide Electric Inc)

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

Appears in 3 contracts

Samples: Agreement of Purchase and Sale (Meritage Corp), Master Transaction Agreement (Zenith National Insurance Corp), Agreement Regarding Purchase Price and Indemnification (Zenith National Insurance Corp)

Costs. If any legal action or any arbitration or other proceeding is brought for the enforcement of this agreement or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this agreement, the successful or prevailing party or parties shall be entitled to recover reasonable costs (not including attorneys' fees and other costs fees) incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.

Appears in 3 contracts

Samples: Employment Agreement (Max Sound Corp), Agreement and Plan of Asset Acquisition (So Act Network, Inc.), Licensing and Representation Agreement (Max Sound Corp)

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

Appears in 2 contracts

Samples: Indemnification Agreement (Meritage Homes CORP), Master Transaction Agreement (Meritage Homes CORP)

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

Appears in 2 contracts

Samples: Asset Purchase Agreement (Gateway Energy Corp/Ne), Asset Purchase Agreement (Preferred Telecom Inc)

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

Appears in 2 contracts

Samples: Agreement of Purchase and Sale (Erly Industries Inc), Purchase and Sale Agreement (Markwest Hydrocarbon Inc)

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

Appears in 2 contracts

Samples: Purchase and Subscription Agreement (BRC Holdings Inc), Asset Purchase Agreement (BRC Holdings Inc)

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

Appears in 2 contracts

Samples: Indemnification Agreement (Meritage Homes CORP), Master Transaction Agreement (Meritage Homes CORP)

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

Appears in 2 contracts

Samples: Asset Purchase Agreement (Taurus Entertainment Companies Inc), Asset Purchase Agreement (Jvweb Inc)

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

Appears in 2 contracts

Samples: Agreement (Brishlin Resources, Inc.), Securities Purchase Agreement (Bim Homes, Inc.)

Costs. If any legal action or any arbitration or other proceeding is brought for the enforcement or interpretation of any of the rights or provisions of this agreement Agreement (including the indemnification provision), or because of an alleged dispute, breach, default, default or misrepresentation in connection with any of the provisions of this agreementAgreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys' fees and all other costs and expenses incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.

Appears in 2 contracts

Samples: Asset Purchase Agreement (Inergy L P), Asset Purchase Agreement (RGC Resources Inc)

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

Appears in 2 contracts

Samples: Acquisition Agreement (Go Video Inc), Epic Financial Corp

Costs. If any legal action or any arbitration or other proceeding is brought for the enforcement of this agreement Agreement, or because of an alleged dispute, breach, default, default or misrepresentation in connection with any of the provisions of this agreementAgreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys' attorney's fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.. 8.3

Appears in 2 contracts

Samples: Reorganization Agreement (Hotyellow98 Com Inc), Acquisition Agreement (Hotyellow98 Com Inc)

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

Appears in 2 contracts

Samples: Indemnification Agreement (Meritage Homes CORP), Master Transaction Agreement (Meritage Homes CORP)

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

Appears in 2 contracts

Samples: Stock Purchase Agreement (First American Capital Corp /Ks), Stock Purchase Agreement (Brooke Corp)

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

Appears in 2 contracts

Samples: Employment Agreement (TSX Corp), Employment Agreement (Antec Corp)

Costs. If any legal action or any arbitration or other proceeding is brought for the enforcement or interpretation of any of the rights or provisions of this agreement Agreement (including the indemnification provisions), or because of an alleged dispute, breach, default, default or misrepresentation in connection with any of the provisions of this agreementAgreement, the successful or prevailing party or parties shall will be entitled to recover reasonable attorneys' fees and all other costs and expenses incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.

Appears in 2 contracts

Samples: Asset Purchase Agreement (Tesco Corp), Asset Purchase Agreement (Tesco Corp)

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

Appears in 2 contracts

Samples: Software Licensing Agreement (Nichols Txen Corp), Sublicensor Agreement (Landa Management Systems Corp)

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

Appears in 2 contracts

Samples: Subscription Agreement (Futures Portfolio Fund Lp), Subscription Agreement (Futures Portfolio Fund Lp)

Costs. If any legal action or any arbitration or other proceeding is brought for ----- the enforcement or interpretation of any of the rights or provisions of this agreement Agreement (including the indemnification provision), or because of an alleged dispute, breach, default, default or misrepresentation in connection with any of the provisions of this agreementAgreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys' fees and all other costs and expenses incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Inergy L P), Asset Purchase Agreement (Inergy L P)

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

Appears in 1 contract

Samples: Agreement of Indemnification (Rightchoice Managed Care Inc)

Costs. If any legal action or any arbitration or other proceeding is brought for the enforcement of this agreement Agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this agreementAgreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys' attorney's fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.. 8.03

Appears in 1 contract

Samples: Agreement (Firma Holdings Corp.)

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

Appears in 1 contract

Samples: Agreement and Plan (Utek Corp)

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

Appears in 1 contract

Samples: Agreement for Purchase and Sale (Wesley Jessen Holding Inc)

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

Appears in 1 contract

Samples: Asset Purchase Agreement (LTWC Corp)

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

Appears in 1 contract

Samples: Membership Interest Purchase Agreement (BOSTON OMAHA Corp)

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

Appears in 1 contract

Samples: Asset Purchase Agreement (Meritage Homes CORP)

Costs. If any legal action or any arbitration or other proceeding is brought for the ----- enforcement or interpretation of any of the rights or provisions of this agreement Agreement (including the indemnification provision), or because of an alleged dispute, breach, default, default or misrepresentation in connection with any of the provisions of this agreementAgreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys' fees and all other costs and expenses incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.

Appears in 1 contract

Samples: Asset Purchase Agreement (Inergy L P)

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

Appears in 1 contract

Samples: Stock Exchange Agreement (Nova Communications LTD)

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

Appears in 1 contract

Samples: Agreement and Plan of Acquisition (Utek Corp)

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

Appears in 1 contract

Samples: Software Maintenance Agreement (Interlinq Software Corp)

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

Appears in 1 contract

Samples: Agreement (Daugherty Resources Inc)

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

Appears in 1 contract

Samples: Agreement and Plan of Acquisition (Utek Corp)

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

Appears in 1 contract

Samples: Sequiam Corp

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

Appears in 1 contract

Samples: Escrow Agreement (Meritage Homes CORP)

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

Appears in 1 contract

Samples: Asset Purchase Agreement (Condor Technology Solutions Inc)

Costs. If Should any legal action or any arbitration or other proceeding is brought for the enforcement of this agreement or because of an alleged dispute, breach, default, or misrepresentation be filed in connection with the performance of this Agreement, the non-compliance or breach of any of the provisions of this agreementAgreement or an alleged dispute, the successful or prevailing party or parties Party shall be entitled to recover reasonable attorneys' the reasonably attorney’s fees and other costs incurred in connection with that legal action or proceeding, in addition to any other relief to which it or they may be entitledavailable remedy.

Appears in 1 contract

Samples: Stock Purchase Agreement (Cord Blood America, Inc.)

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

Appears in 1 contract

Samples: Agreement (Autotradecenter Com Inc)

Costs. If any legal action or any arbitration or other proceeding Action is brought for the enforcement or interpretation of any of the rights or provisions of this agreement Agreement (including the indemnification provision), or because of an alleged dispute, breach, default, default or misrepresentation in connection with any of the provisions of this agreementAgreement, the successful or prevailing party or parties shall will be entitled to recover reasonable attorneys' fees and all other costs and expenses incurred in that action or proceedingAction, in addition to any other relief to which it or they may be entitled.

Appears in 1 contract

Samples: Membership Interest Purchase Agreement (Inergy Midstream, L.P.)

Costs. If any legal action or any arbitration or other proceeding is brought for the ----- enforcement of this agreement Agreement or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this agreementAgreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys' attorney's fees and all other costs incurred in that such action or proceeding, in addition to any other relief to which it or they may be entitled, through and including all appeals.

Appears in 1 contract

Samples: Stock Purchase Agreement (Weitzer Homebuilders Inc)

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

Appears in 1 contract

Samples: Asset Purchase Agreement (Market Central Inc)

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

Appears in 1 contract

Samples: Agreement of Purchase and Sale (Hypercom Corp)

Costs. If any legal action or any arbitration or other proceeding is brought for or any Dispute arising regarding the enforcement or interpretation of this agreement Agreement or because of an alleged disputeDispute, breach, default, default or misrepresentation in connection with any of the provisions of this agreementAgreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys' fees and other costs costs, including attorney's fees, incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.

Appears in 1 contract

Samples: Asset Purchase Agreement (Robocom Systems International Inc)

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

Appears in 1 contract

Samples: Agreement of Purchase and Sale (Aurelio Resource Corp)

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

Appears in 1 contract

Samples: Foreclosure Sale and Purchase Agreement (StarVox Communications, Inc. /DE/)

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

Appears in 1 contract

Samples: Agreement for Purchase and Sale (Ivi Communications Inc)

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

Appears in 1 contract

Samples: Purchase Agreement (Mobilepro Corp)

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

Appears in 1 contract

Samples: Purchase Agreement (Americo Life Inc)

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

Appears in 1 contract

Samples: Asset Purchase Agreement (Marinemax Inc)

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

Appears in 1 contract

Samples: Agreement Between and Among (Antennas America Inc)

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

Appears in 1 contract

Samples: Reorganization Agreement (General Environmental Corp/Nh)

Costs. If any legal action or any arbitration or other proceeding (including any appellate proceeding) is brought for the enforcement of this agreement Agreement, or because of an any alleged dispute, breach, default, or misrepresentation misrepresentation, in connection with any of the provisions of this agreementAgreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys' attorney's fees and other costs incurred incurred, including expert witness fees, in that action or proceeding, in addition to any other relief to which it or they may be entitled.

Appears in 1 contract

Samples: Acquisition Agreement (Ammonia Hold Inc)

Costs. If any legal action or any arbitration or other proceeding is brought by one of the Parties to this Agreement against another Party to this Agreement for the enforcement of this agreement Agreement, or because of an alleged dispute, breach, default, default or misrepresentation in connection with any of the provisions of this agreementAgreement, the successful or prevailing party or parties Party shall be entitled to recover reasonable attorneys' fees and other costs incurred in that portion of the action or proceedingproceeding in which it prevailed, in addition to any other relief to which it or they may be entitled.

Appears in 1 contract

Samples: Stock Exchange Agreement (Z Axis Corp)

Costs. If any legal action or any arbitration or other proceeding is brought for the enforcement of this agreement Agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this agreementAgreement, the successful or 53 62 prevailing party or parties shall be entitled to recover reasonable attorneys' fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.

Appears in 1 contract

Samples: Wavephore Inc

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

Appears in 1 contract

Samples: Agreement and Plan of Acquisition (American Soil Technologies Inc)

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

Appears in 1 contract

Samples: Shareholder Control Agreement (International Building Concepts LTD)

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