Costs Sample Clauses

Costs. In any action at law or in equity to enforce any of the provisions or rights under this Grant Agreement, including any arbitration proceedings to enforce such provisions or rights, the unsuccessful party to such litigation or arbitration, as determined by the court in a final judgment or decree, or by the panel of arbitrators in its award, shall pay the successful party or parties all costs, expenses and reasonable attorneys fees incurred by the successful party or parties (including without limitation costs, expenses and fees on any appeals), and if the successful party recovers judgment in any such action or proceeding such costs, expenses and attorneys fees shall be included as part of the judgment.
Costs. In any action at law or in equity to enforce any of the provisions or rights under this Grant Agreement, including any arbitration proceedings to enforce such provisions or rights, the unsuccessful party to such litigation or arbitration, as determined by the court in a final judgment or decree, or by the panel of arbitrators in its award, shall pay the successful party or parties all costs, expenses and reasonable attorneys fees incurred by the successful party or parties (including without limitation costs, expenses and fees on any appeals), and if the successful party recovers judgment in any such action or proceeding such costs, expenses and attorneys fees shall be included as part of the judgment.
Costs. In any action at law or in equity to enforce any of the provisions or rights under this Grant Agreement, including any arbitration proceedings to enforce such provisions or rights, the unsuccessful party to such litigation or arbitration, as determined by the court in a final judgment or decree, or by the panel of arbitrators in its award, The foregoing indemnity and hold harmless agreement shall pay the successful party or parties include indemnity for all costs, expenses and liabilities (including, without limitation, reasonable attorneys fees and disbursements) incurred by the successful party Landlord Parties in connection with any such claim or parties (including without limitation costs, expenses and fees on any appeals)action or proceeding brought thereon, and if the successful party recovers judgment defense thereof. In addition, in the event that any action or proceeding shall be brought against one or more Landlord Parties by reason of any such claim, Tenant, upon request from the Landlord Party, shall resist and defend such action or proceeding such costs, expenses and attorneys fees shall be included as part on behalf of the judgmentLandlord Party by counsel appointed by Tenants insurer (if such claim is covered by insurance without reservation) or otherwise by counsel reasonably satisfactory to the Landlord Party. The Landlord Parties shall not be bound by any compromise or settlement of any such claim, action or proceeding without the prior written consent of such Landlord Parties.
Costs. In The parties shall each bear their own costs, expert fees, attorneys fees and other fees incurred in connection with the preparation of this Agreement. The parties further agree that, in the event Employee commences any sort of legal proceeding or action at law in any court or in equity to enforce before any tribunal alleging a claim or cause of the provisions action that is released, waived or rights barred under this Grant Agreement, including any arbitration proceedings to enforce such provisions the Company or rights, the unsuccessful party to such litigation or arbitration, as determined by the court in a final judgment or decree, or by the panel of arbitrators in other Releasee will be awarded its award, shall pay the successful party or parties all costs, expenses and reasonable attorneys fees incurred by the successful party or parties (including without limitation costs, expenses and fees on any appeals), and if the successful party recovers judgment costs in any defending against such action or proceeding upon dismissal of or judgment for the Company or such costs, expenses and attorneys fees shall be included as part other Releasee on the barred claim or cause of the judgmentaction.
Costs. In If, and as often as, this Note is referred to an attorney for the collection of any action at law sum payable hereunder, or in equity to defend or enforce any of the provisions Parties' rights hereunder, or rights under to commence an action, cross-claim, third-party claim or counterclaim relating to this Grant Agreement, including any arbitration proceedings to enforce such provisions or rightsNote, the unsuccessful party Debtor hereby agrees to such litigation or arbitration, as determined by the court in a final judgment or decree, or by the panel of arbitrators in its award, shall pay the successful party or parties all costs, expenses and reasonable attorneys fees costs incurred by the successful party or parties Parties in connection therewith including reasonable attorneys' fees (including without limitation costssuch fees incurred in appellate, expenses and fees on any appealsbankruptcy or insolvency proceedings), and if with or without the successful party recovers judgment in institution of any such action or proceeding such costs, expenses and attorneys fees shall be included as part of the judgmentproceeding.
Costs. In any action at law or in equity to enforce any of the provisions or rights under this Grant Agreement, including any arbitration proceedings to enforce such provisions or rights, the unsuccessful party to such litigation or arbitration, as determined by the court in a final judgment or decree, or by the panel of arbitrators in its award, The foregoing indemnity and hold harmless agreement shall pay the successful party or parties include indemnity for all costs, expenses and reasonable liabilities (including, without limitation, attorneys fees and disbursements) incurred by the successful party Landlord Parties in connection with any such claim or parties (including without limitation costs, expenses and fees on any appeals)action or proceeding brought thereon, and if the successful party recovers judgment defense thereof. In addition, in the event that any action or proceeding shall be brought against one or more Landlord Parties by reason of any such claim, Tenant, upon request from the Landlord Party, shall resist and defend such action or proceeding such costs, expenses and attorneys fees shall be included as part on behalf of the judgmentLandlord Party by counsel appointed by Tenants insurer (if such claim is covered by insurance without reservation) or otherwise by counsel reasonably satisfactory to the Landlord Party. The Landlord Parties shall not be bound by any compromise or settlement of any such claim, action or proceeding without the prior written consent of such Landlord Parties.
Costs. In If, and as often as, this Note is referred to an attorney for the collection of any action at law sum payable hereunder, or in equity to defend or enforce any of Lenders rights hereunder, or to commence an action, cross-claim, third-party claim or counterclaim by Lender against the provisions or rights under Company relating to this Grant Agreement, including any arbitration proceedings to enforce such provisions or rightsNote, the unsuccessful Company agrees to pay to Lender all reasonable out-of-pocket third-party to costs incurred in connection therewith including reasonable and documented attorneys fees (including such litigation fees incurred in appellate, bankruptcy or arbitrationinsolvency proceedings), as determined by with or without the court institution of any action or proceeding, and in a final judgment or decree, or by the panel of arbitrators in its award, shall pay the successful party or parties addition all documented costs, expenses disbursements and reasonable attorneys fees incurred allowances provided by the successful party or parties (including without limitation costs, expenses and fees on any appeals), and if the successful party recovers judgment in any such action or proceeding such costs, expenses and attorneys fees shall be included as part of the judgmentlaw.
Costs. In To the extent permitted by law, the Company shall pay or reimburse any reasonable expenses, including reasonable attorneys fees, the Employee incurs as a result of any Employment Matter, provided, however, that if in any such arbitration proceeding, litigation proceeding or other legal action, the arbitrator or court determines that the Employee has presented or defended any issue in such proceeding or action at law in bad faith, such arbitrator or court, as the case may be, may allocate the portion of such costs and expenses relating to such issue between the Company and the Employee in equity any other manner deemed fair, equitable and reasonable by such arbitrator or court; provided further, however, that in no event shall the Employee be required to enforce reimburse the Company for any of the provisions or rights under this Grant Agreement, including any arbitration proceedings Companys costs and expenses relating to enforce such provisions or rights, the unsuccessful party to such litigation or arbitration, as determined by the court in a final judgment or decree, or by the panel of arbitrators in its award, shall pay the successful party or parties all costs, expenses and reasonable attorneys fees incurred by the successful party or parties (including without limitation costs, expenses and fees on any appeals), and if the successful party recovers judgment in any such action proceeding or proceeding such costs, expenses and attorneys fees shall be included as part of the judgmentaction.
Costs. In any action at law or in equity Each Party shall bear its own costs and expenses (including legal fees and expenses) relating to enforce any the arbitration proceeding, except that the fees of the provisions or rights under this Grant Agreement, including any arbitrators and other related costs of the arbitration proceedings to enforce such provisions or rights, the unsuccessful party to such litigation or arbitration, as determined shall be shared equally by the court in Parties, unless the arbitration panel determines that a final judgment Party has incurred unreasonable expenses due to vexatious or decree, or bad faith positions taken by the other Party, in which event the arbitration panel may make an award of arbitrators in its award, shall pay the successful party all or parties all costs, any portion of such expenses and reasonable attorneys fees incurred by the successful party or parties (including without limitation costs, expenses and fees on any appeals), and if the successful party recovers judgment in any such action or proceeding such costs, expenses and attorneys fees shall be included as part of the judgmentso incurred.
Costs. In Each Party shall bear its own costs and expenses in connection with any action at law or in equity to enforce any Dispute resolution under this Article 16 and shall share equally (50/50) the fees, costs and expenses of the provisions or rights under this Grant Agreement, including any Tribunal and related Third Party arbitration proceedings to enforce such provisions or rightsexpenses. Notwithstanding the foregoing, the unsuccessful party to such litigation or arbitrationprevailing Party may, as determined by the court Tribunal under the circumstances, be awarded its attorneys fees, costs and expenses of the arbitration, including the arbitrators fees and expenses, in full. The Tribunal may also fix such costs and expenses proportionate to the extent each Party prevails in the arbitration, as the circumstances may warrant. If a final judgment Party fails to proceed with arbitration, unsuccessfully challenges the arbitration award or decree, or by fails to comply with the panel of arbitrators in its arbitration award, shall pay the successful party or parties all other Party will be entitled to costs, expenses and including reasonable attorneys fees incurred by and disbursements, for having to compel arbitration or defend or enforce the successful party or parties (including without limitation costs, expenses and fees on any appeals), and if the successful party recovers judgment in any such action or proceeding such costs, expenses and attorneys fees shall be included as part of the judgmentaward.
Costs. In any action at law or in equity to enforce any of the provisions or rights under this Grant Agreement, including any arbitration proceedings to enforce such provisions or rights, the unsuccessful party to such litigation or arbitration, as determined by the court in a final judgment or decree, or by the panel of arbitrators in its award, shall pay the successful party or parties all costs, expenses and reasonable attorneys attorneys' fees incurred by the successful party or parties (including without limitation costs, expenses and fees on any appeals), and if the successful party recovers judgment in any such action or proceeding such costs, expenses and attorneys attorneys' fees shall be included as part of the judgment.
Costs. In any action at law or in equity to enforce any of the provisions or rights under this Grant Agreement, including any arbitration proceedings to enforce such provisions or rights, the unsuccessful party to such litigation or arbitration, as determined by the court in a final judgment or decree, or by the panel of arbitrators in its award, The foregoing indemnity and hold harmless agreement shall pay the successful party or parties include indemnity for all costs, expenses and reasonable attorneys liabilities (including, without limitation, attorneys' fees and disbursements) incurred by the successful party Landlord Parties in connection with any such claim or parties (including without limitation costs, expenses and fees on any appeals)action or proceeding brought thereon, and if the successful party recovers judgment defense thereof. In addition, in the event that any action or proceeding shall be brought against one or more Landlord Parties by reason of any such claim, Tenant, upon request from the Landlord Party, shall resist and defend such action or proceeding such costs, expenses and attorneys fees shall be included as part on behalf of the judgmentLandlord Party by counsel appointed by Tenant's insurer (if such claim is covered by insurance without reservation) or otherwise by counsel reasonably satisfactory to the Landlord Party. The Landlord Parties shall not be bound by any compromise or settlement of any such claim, action or proceeding without the prior written consent of such Landlord Parties.
Costs. In any action at law or in equity to enforce any of the provisions or rights under this Grant Agreement, including any arbitration proceedings to enforce such provisions or rights, the unsuccessful party to Each Party that institutes such litigation or arbitrationproceedings described in Section 4.3(b) shall assume and pay all costs incurred in connection with such litigation or proceedings, as determined by including without limitation the court in a final judgment or decreefees and expenses of such Party's counsel, or by the panel of arbitrators in its award, shall pay the successful party or parties all costs, and expenses and reasonable attorneys fees incurred by the successful party or parties (other Party, including without limitation coststhe fees and expenses of such other Party's counsel, expenses and fees on any appeals), and if at the successful party recovers judgment in any such action or proceeding such costs, expenses and attorneys fees shall be included as part request of the judgmentParty that instituted such litigation or proceedings.
Costs. In Each Party shall bear its own costs and expenses in connection with any action at law or in equity to enforce any Dispute resolution under this ARTICLE XVI and shall share equally the fees, costs and expenses of the provisions or rights under this Grant Agreement, including any Tribunal and related Third Party arbitration proceedings to enforce such provisions or rightsexpenses. Notwithstanding the foregoing, the unsuccessful party to such litigation or arbitrationprevailing Party may, as determined by the court Tribunal under the circumstances, be awarded its attorneys fees, costs and expenses of the arbitration, including the arbitrators fees and expenses, in full. The Tribunal may also fix such costs and expenses proportionate to the extent each Party prevails in the arbitration, as the circumstances may warrant. If a final judgment or decreeParty fails to proceed with arbitration, unsuccessfully challenges the arbitration award, or by fails to comply with the panel of arbitrators in its arbitration award, shall pay the successful party or parties all other Party is entitled to costs, expenses and including reasonable attorneys fees incurred by and disbursements, for having to compel arbitration or defend or enforce the successful party or parties (including without limitation costs, expenses and fees on any appeals), and if the successful party recovers judgment in any such action or proceeding such costs, expenses and attorneys fees shall be included as part of the judgmentaward.
Costs. In any action at law or in equity to enforce any of the provisions or rights under this Grant Agreement, including any arbitration proceedings to enforce such provisions or rights, the unsuccessful party to such litigation or arbitration, as determined by the court in a final judgment or decree, or by the panel of arbitrators in its award, The foregoing indemnity and hold harmless agreement shall pay the successful party or parties include indemnity for all costs, expenses and reasonable liabilities (including, without limitation, attorneys fees and disbursements) incurred by the successful party Landlord Parties in connection with any such claim or parties (including without limitation costs, expenses and fees on any appeals)action or proceeding brought thereon, and if the successful party recovers judgment defense thereof, In addition, in the event that any action or proceeding shall be brought against one or more Landlord Parties by reason of any such claim, Tenant, upon request from the Landlord Party, shall resist and defend such action or proceeding such costs, expenses and attorneys fees shall be included as part on behalf of the judgmentLandlord Party by counsel appointed by Tenants insurer (if such claim is covered by insurance without reservation) or otherwise by counsel reasonably satisfactory to the Landlord Party. The Landlord Parties shall not be bound by any compromise or settlement of any such claim, action or proceeding without the prior written consent of such Landlord Parties.
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Costs. In any action at law or in equity to enforce any The costs of the provisions arbitration proceeding and any proceeding in court to confirm or rights under this Grant Agreement, including to vacate any arbitration proceedings award or to enforce such provisions obtain temporary or rightspreliminary injunctive relief as provided in paragraph (iii) below, as applicable (including, without limitation, actual attorneys fees and costs), shall be borne by the unsuccessful party to such litigation or arbitration, as determined by the court in a final judgment or decree, or by the panel of arbitrators in its award, shall pay the successful party or parties all costs, expenses and reasonable attorneys fees incurred by the successful party or parties (including without limitation costs, expenses and fees on any appeals), and if the successful party recovers judgment in any such action or proceeding such costs, expenses and attorneys fees shall be included awarded as part of the judgmentArbitrators decision, unless the Arbitrator shall otherwise allocate such costs in such decision.
Costs. In Unless otherwise provided in this Agreement, each Party shall pay its own costs of arbitration, including the costs for its legal representation and assistance and costs of any action at law experts or in equity to enforce any of other witnesses utilized by such Party, and shall share equally the provisions or rights under this Grant Agreementcommon costs for the arbitration, including any arbitration proceedings to enforce such provisions fees for the arbitrators or rights, the unsuccessful party to such litigation or arbitration, as determined by the court in a final judgment or decree, or by the panel of arbitrators in its award, shall pay the successful party or parties all costs, expenses and reasonable attorneys fees incurred by the successful party or parties (including without limitation costs, expenses and fees on any appeals), and if the successful party recovers judgment in any such action or proceeding such costs, expenses and attorneys fees shall be included as part of the judgmentAmerican Arbitration Association.
Costs. In the event of any action at law or in equity legal proceeding between the parties to enforce any of or defend the provisions or terms and rights under set forth in this Grant Agreement, the prevailing party shall be paid all reasonable costs of such legal proceeding, including any arbitration proceedings to enforce such provisions or rightsbut not limited to, the unsuccessful party to such litigation or arbitration, as determined attorneys' fees by the court in a final judgment or decree, or by the panel of arbitrators in its award, shall pay the successful other party or parties all costs, expenses and reasonable attorneys fees incurred by the successful party or parties (including without limitation costs, expenses and fees on any appeals), and if the successful party recovers judgment in any such action or proceeding such costs, expenses and attorneys fees shall be included as part of the judgmentparties.
Costs. In any action at law or in equity to enforce any of the provisions or rights under this Grant Agreement, including any arbitration proceedings to enforce such provisions or rights, the unsuccessful Each party to such litigation or arbitration, as determined by the court in a final judgment or decree, or by the panel of arbitrators in shall bear its award, shall pay the successful party or parties all costs, expenses and reasonable attorneys fees incurred by the successful party or parties (including without limitation costs, expenses and fees on any appeals), and if the successful party recovers judgment in any such action or proceeding such own costs, expenses and attorneys fees shall be included as part in pursuit and resolution of any Dispute, except if arbitration is initiated under Section 11.2(a) of this Agreement, Section 7.3 (Arbitration) of the judgmentSeparation Agreement or arbitration using YourEncore, then the non-prevailing party shall pay all costs and expenses of the parties, including all arbitration and legal costs and expenses of the parties.
Costs. In any action at law mediation, arbitration, or in equity to enforce any legal proceeding between Employee and the Company arising out of the provisions or rights under this Grant Agreement, including any arbitration proceedings to enforce such provisions or rightsthe losing party shall reimburse the prevailing party, the unsuccessful party to such litigation or arbitrationon demand, as determined by the for all costs (including, without limitation, attorneys' and court in a final judgment or decree, or by the panel of arbitrators in its award, shall pay the successful party or parties all fees and costs, expenses and reasonable attorneys fees ) incurred by the successful prevailing party in enforcing, defending, or parties (including without limitation costs, expenses and fees on any appeals), and if the successful party recovers judgment in any such action or proceeding such costs, expenses and attorneys fees shall be included as part of the judgmentprosecuting this Agreement.
Costs. In If the Company or any action at law Member retains counsel for the purpose of enforcing or in equity preventing the breach or any threatened breach of any provision of this Agreement or for any other remedy relating to enforce any of it, then the provisions or rights under this Grant Agreement, including any arbitration proceedings prevailing party will be entitled to enforce such provisions or rights, the unsuccessful party to such litigation or arbitration, as determined be reimbursed by the court in a final judgment or decree, or by the panel of arbitrators in its award, shall pay the successful non-prevailing party or parties for all costs, costs and expenses and reasonable attorneys fees so incurred by the successful party or parties (including without limitation costsreasonable attorneys' fees, expenses costs of bonds, and fees on any appeals), and if expenses for expert witnesses) unless the successful party recovers judgment arbitrator or other trier of fact determines otherwise in any such action or proceeding such costs, expenses and attorneys fees shall be included as part the interest of the judgmentfairness.
Costs. In Unless this Agreement provides otherwise, all costs which a Party has incurred or must incur in preparing, concluding or performing this Agreement are for that Partys own account. Notwithstanding the foregoing, in the event that any action at law action, suit or other proceeding is instituted concerning or arising out of this Agreement or any transaction contemplated hereunder, the prevailing party will recover all of such partys costs and attorneys fees incurred in equity to enforce any of the provisions each such action, suit or rights under this Grant Agreementother proceeding, including any arbitration proceedings to enforce such provisions and all appeals or rights, the unsuccessful party to such litigation or arbitration, as determined by the court in a final judgment or decree, or by the panel of arbitrators in its award, shall pay the successful party or parties all costs, expenses and reasonable attorneys fees incurred by the successful party or parties (including without limitation costs, expenses and fees on any appeals), and if the successful party recovers judgment in any such action or proceeding such costs, expenses and attorneys fees shall be included as part of the judgmentpetitions therefrom.
Costs. In the event of any action at law breach or in equity default, the breaching party shall pay all costs and expenses incident to enforce any the enforcement of the provisions or rights under this Grant Agreement, including any arbitration proceedings to enforce reasonable attorneys' fees, whether such provisions costs and expenses incurred with or rights, the unsuccessful party to such litigation without suit or arbitration, as determined by the court in a final judgment before or decree, or by the panel of arbitrators in its award, shall pay the successful party or parties all costs, expenses and reasonable attorneys fees incurred by the successful party or parties (including without limitation costs, expenses and fees on any appeals), and if the successful party recovers judgment in any such action or proceeding such costs, expenses and attorneys fees shall be included as part of the after judgment.
Costs. In If any legal action at law or in equity to enforce any other proceeding is brought for the enforcement of the provisions or rights under this Grant Agreement, including any arbitration proceedings to enforce such provisions or rightsbecause of an alleged dispute, breach, default, or misrepresentation, the unsuccessful party to such litigation successful or arbitration, as determined by the court in a final judgment or decree, or by the panel of arbitrators in its award, shall pay the successful prevailing party or parties shall be entitled to recover reasonable attorneys' fees and all costs, expenses and reasonable attorneys fees other costs incurred by the successful party or parties (including without limitation costs, expenses and fees on any appeals), and if the successful party recovers judgment in any such that action or proceeding proceeding, in addition to any other relief to which such costs, expenses and attorneys fees shall parties may be included as part of the judgmententitled.
Appears in 1 contract Agreement (Mobilepro Corp),
Costs. In any action at law or in equity to enforce any of the provisions or rights under this Grant Agreement, including any arbitration proceedings to enforce such provisions or rights, the unsuccessful party to such litigation or arbitration, as determined by the court in a final judgment or decree, or by the panel of arbitrators in its award, The foregoing indemnity and hold harmless agreement shall pay the successful party or parties include indemnity for all costs, expenses and liabilities (including, without limitation, reasonable attorneys fees and disbursements) incurred by the successful party Landlord Parties in connection with any such claim or parties (including without limitation costs, expenses and fees on any appeals)action or proceeding brought thereon, and if the successful party recovers judgment defense thereof. In addition, in the event that any action or proceeding shall be brought against one or more Landlord Parties by reason of any such claim, Tenant, upon request from the Landlord Party, shall resist and defend such action or proceeding such costs, expenses and attorneys fees shall be included as part on behalf of the judgmentLandlord Party by counsel appointed by Tenants insurer (if such claim is covered by insurance) or otherwise by counsel reasonably satisfactory to the Landlord Party. The Landlord Parties shall not be bound by any compromise or settlement of any such claim, action or proceeding without the prior written consent of such Landlord Parties.
Costs. In any action at law or in equity to enforce any of the provisions or rights under this Grant Agreement, including any arbitration proceedings to enforce such provisions or rights, the unsuccessful party to such litigation or arbitration, as determined by the court in a final judgment or decree, or by the panel of arbitrators in its award, The foregoing indemnity and hold harmless agreement shall pay the successful party or parties include indemnity for all costs, expenses and reasonable attorneys liabilities (including, without limitation, attorneys' fees and disbursements) incurred by the successful party Tenant Parties in connection with any such claim or parties (including without limitation costs, expenses and fees on any appeals)action or proceeding brought thereon, and if the successful party recovers judgment defense thereof. In addition, in the event that any action or proceeding shall be brought against one or more Tenant Parties by reason of any such claim, Landlord, upon request from the Tenant Party, shall resist and defend such action or proceeding such costs, expenses and attorneys fees shall be included as part on behalf of the judgment.Tenant Party by counsel appointed by Landlord's insurer (if such claim is covered by insurance without reservation) or otherwise by counsel reasonably satisfactory to the Tenant Party. The Tenant Parties shall not be bound by any compromise or settlement of any such claim, action or proceeding without the prior written consent of such Tenant Parties.760812.06/WLA375983-00004/11-2-16/ejs/ejs
Appears in 1 contract Office Lease (Kite Pharma, Inc.),
Costs. In any action at law or in equity to enforce any of the provisions or rights under this Grant Agreement, including any arbitration proceedings to enforce such provisions or rights, the unsuccessful party to such litigation or arbitration, as determined by the court in a final judgment or decree, or by the panel of arbitrators in its award, The foregoing indemnity and hold harmless agreement shall pay the successful party or parties include indemnity for all costs, expenses and reasonable liabilities (including, without limitation, attorneys fees and disbursements) incurred by the successful party Landlord Parties in connection with any such claim or parties (including without limitation costsany action or proceeding brought thereon, expenses and fees on the defense thereof. In addition, in the event that any appealsaction or proceeding shall be brought against one or more Landlord Parties by reason of any such claim for which Tenant has an indemnification obligation under Section 8.1(a), Tenant, upon request from the Landlord Party, shall resist and if the successful party recovers judgment in any defend such action or proceeding such costs, expenses and attorneys fees shall be included as part on behalf of the judgmentLandlord Party by counsel appointed by Tenants insurer (if such claim is covered by insurance without reservation) or otherwise by counsel reasonably satisfactory to the Landlord Party. The Landlord Parties shall not be bound by any compromise or settlement of any such claim, action or proceeding without the prior written consent of such Landlord Parties, which consent shall not be unreasonably withheld, delayed or conditioned.
Appears in 1 contract Lease (Inotek Pharmaceuticals Corp),
Costs. In the event of any action at law or in equity to enforce legal proceeding between any of the provisions parties to enforce or defend the terms and rights under set forth in this Grant Agreement, including any arbitration proceedings to enforce such provisions or rights, the unsuccessful party to such litigation or arbitration, as determined by the court in a final judgment or decree, or by the panel of arbitrators in its award, shall pay the successful prevailing party or parties shall be paid all costsreasonable costs of such legal proceeding, expenses and reasonable including but not limited to, attorneys fees incurred by the successful other party or parties (including without limitation costs, expenses and fees on any appeals), and if the successful party recovers judgment in any such action or proceeding such costs, expenses and attorneys fees shall be included as part of the judgmentparties.
Costs. Except as expressly provided herein, each party hereto shall bear its own costs, including counsel fees and accounting fees, incurred in connection with the negotiation, preparation and execution of this Agreement, and all matters incident thereto. In any action at law or in equity proceeding to enforce any of the provisions or rights under of this Grant Agreement, including any arbitration proceedings to enforce such provisions or rights, the unsuccessful party to such litigation or arbitrationproceeding, as determined by the court or arbitrator in a any final judgment or decree, or by the panel of arbitrators in its award, shall pay to the successful party or parties all costs, expenses expenses, and reasonable attorneys fees and expenses incurred by the successful party or parties (including without limitation costs, expenses and fees on any appeals)parties, and if the successful party recovers judgment in any such action or proceeding a judgment, such costs, expenses and attorneys fees shall be included in and as a part of the such judgment.
Costs. In any action at law or in equity to enforce any of the provisions or rights under this Grant Agreement, including any arbitration proceedings to enforce such provisions or rights, the unsuccessful party to such litigation or arbitration, as determined by the court in a final judgment or decree, or by the panel of arbitrators in its award, shall pay the successful party or parties all costs, expenses and reasonable attorneys fees incurred by the successful party or parties (including without limitation costs, expenses and fees on any appeals), and if the successful party recovers judgment in any such action or proceeding such costs, expenses and attorneys fees shall be included as part of the judgment.the
Costs. In any action at law or Except as specifically ordered (and already paid) in equity the Delaware Litigation relating to enforce any marking, each party shall bear its own costs and expenses in connection with the Litigation, the preparation of the provisions or rights under this Grant Agreement, including and performance hereunder. However, in the event of litigation between the Parties concerning i) the scope, enforcement or breach of this agreement; or ii) intellectual property litigation concerning any arbitration proceedings to enforce such provisions Phacoemulsification Equipment that either party can in good faith assert is covered by the licenses or rightscovenants of this Agreement, the unsuccessful if one party to prevails in such litigation or arbitrationby obtaining a Rule 12(b)(6) dismissal, as determined by the court in a final judgment or decreesummary judgment, or by judgment as a matter of law of all or substantially all claims pleaded, then the panel of arbitrators in its awardprevailing party shall be entitled to recover, and the other party shall pay the successful party or parties pay, all costs, costs and expenses and reasonable attorneys fees incurred by the successful party or parties (including without limitation costs, expenses and fees on any appeals), and if reasonable attorneys fees) incurred by the successful prevailing party recovers judgment in any such action or proceeding such costs, expenses and attorneys fees shall be included as part of the judgmentlitigation.
Costs. In any action If either party defaults under this Agreement, and the rights and remedies of the respective parties are contested at law or in equity to enforce any of the provisions (or rights under this Grant Agreement, including any arbitration proceedings to enforce such provisions or rights, the unsuccessful party to such litigation or through arbitration, as determined by if both parties agree to arbitration), then the losing party shall reimburse the prevailing party for all of its reasonable attorney's fees and court in a final judgment or decree, or by the panel of arbitrators in its award, shall pay the successful party or parties all costs, expenses and reasonable attorneys fees incurred by the successful party or parties (including without limitation costs, expenses and fees on any appeals), and if the successful party recovers judgment in any such action or proceeding such costs, expenses and attorneys fees shall be included as part of the judgmentplus interest.
Costs. In any action at law the event that legal proceedings are commenced by the Holder or the Company in equity to enforce any of the provisions or rights under this Grant Agreement, including any arbitration proceedings to enforce such provisions or rightsconnection with Note, the unsuccessful party to such litigation or arbitration, as determined by the court in a final judgment or decree, or by the panel of arbitrators in its award, shall pay the successful party or parties all costswhich do not prevail in such proceedings shall severally, expenses and but not jointly, pay their pro rata share of the reasonable attorneys fees and other reasonable out-of-pocket costs and expenses incurred by the successful prevailing party or parties (including without limitation costs, expenses and fees on any appeals), and if the successful party recovers judgment in any such action or proceeding such costs, expenses and attorneys fees shall be included as part of the judgmentproceedings.
Costs. In any action at law or in equity to enforce any of the provisions or rights under this Grant Agreement, including any arbitration proceedings to enforce such provisions or rights, the unsuccessful party to such litigation or arbitration, as determined by the court in a final judgment or decree, or by the panel of arbitrators in its award, The foregoing indemnity and hold harmless agreement shall pay the successful party or parties include indemnity for all reasonable costs, expenses and reasonable liabilities (including, without limitation, attorneys fees and disbursements) incurred by the successful party Tenant Parties in connection with any such claim or parties (including without limitation costs, expenses and fees on any appeals)action or proceeding brought thereon, and if the successful party recovers judgment defense thereof. In addition, in the event that any action or proceeding shall be brought against one or more Tenant Parties by reason of any such claim, Landlord, upon request from the Tenant Party, shall resist and defend such action or proceeding such costs, expenses and attorneys fees shall be included as part on behalf of the judgment.Tenant Party by counsel appointed by Landlords insurer (if such claim is covered by insurance without
Appears in 1 contract
Costs. In The Parties shall each bear his/its own costs, expert fees, attorneys fees and other fees incurred in connection with the preparation, negotiation and execution of this Agreement. Employee agrees to indemnify and hold harmless the Company and the Subsidiaries from and against any action at law and all loss, costs, damages or in equity to enforce expenses, including, without limitation, attorneys fees or expenses incurred by the Company or any of the provisions or rights under Subsidiaries arising out of the breach of this Grant Agreement, including any arbitration proceedings to enforce such provisions or rights, the unsuccessful party to such litigation or arbitration, as determined Agreement by the court in a final judgment or decreeEmployee, or from any false representation made herein by Employee, or from any action or proceeding which may be commenced, prosecuted or threatened by Employee or for Employees benefit, upon Employees initiative, or with Employees aid or approval, contrary to the panel provisions of arbitrators in its award, shall pay the successful party or parties all costs, expenses and reasonable attorneys fees incurred by the successful party or parties (including without limitation costs, expenses and fees on any appeals), and if the successful party recovers judgment this Agreement. Employee further agrees that in any such action or proceeding such costsproceeding, expenses and attorneys fees shall this Agreement may be included pled by the Company and/or the Subsidiary as part a complete defense, or may be asserted by way of the judgmentcounterclaim or cross-claim.
Costs. In The prevailing Party in any action at law or proceeding shall be entitled to recover from the other Party all of its reasonable costs and expenses incurred in equity to enforce any of the provisions or rights under this Grant Agreement, including any arbitration proceedings to enforce such provisions or rights, the unsuccessful party to such litigation or arbitration, as determined by the court in a final judgment or decree, or by the panel of arbitrators in its award, shall pay the successful party or parties all costs, expenses and reasonable attorneys fees incurred by the successful party or parties (including without limitation costs, expenses and fees on any appeals), and if the successful party recovers judgment in any connection with such action or proceeding such costsproceeding, expenses and attorneys fees shall be included as part of the judgmentincluding actual attorneys' fees.
Costs. In any judicial suit or action at law or in equity to enforce any other adversarial action between Seller and Purchaser arising out of the provisions or rights under this Grant Agreement, including any arbitration proceedings the prevailing party therein shall be entitled to enforce such provisions or rights, the unsuccessful party to such litigation or arbitration, as determined by the court in a final judgment or decree, or by the panel of arbitrators in recover its award, shall pay the successful party or parties all costs, expenses and reasonable attorneys fees incurred by the successful fees, court costs and expert witness and other third party or parties (including without limitation costs, expenses consultant costs and fees on any appeals), and if the successful party recovers judgment in any such action or proceeding such costs, expenses and attorneys fees shall be included as part of the judgmentexpenses.
Costs. In any action at law If Guarantor fails or in equity refuses to enforce honor any of the provisions or its obligations under this Guaranty, LNRE shall be entitled to recover against Guarantor all reasonable attorneys' fees, accountants fees, arbitration fees and any and all consultants and other similar fees and any costs incurred in preserving LNRE's rights under this Grant AgreementGuaranty including, including but not limited to, such costs and fees incurred in arbitration, mediation or bankruptcy or state receivership or other insolvency or similar proceedings or in any arbitration proceedings actions to enforce such provisions or rights, the unsuccessful party to such litigation or arbitration, as determined by the court in a final judgment or decree, or by the panel of arbitrators in its award, shall pay the successful party or parties all costs, expenses an arbitration award and reasonable attorneys fees incurred by the successful party or parties (including without limitation costs, expenses and fees on any appeals), and if the successful party recovers judgment in any such court action or proceeding such costs, expenses and attorneys fees shall be included as part of the judgmentprovided for herein.
Costs. In The prevailing party in any action at law dispute shall be entitled to recover from the other party all of its costs and expenses incurred in connection with the enforcement of its rights hereunder or in equity to enforce any of the provisions or rights under this Grant Agreementthereunder, including any arbitration proceedings to enforce such provisions or rights, the unsuccessful party to such litigation or reasonable attorneys and paralegals fees and costs incurred before and at arbitration, as determined by the court in a final judgment or decreeat any other proceeding, or by the panel of arbitrators in its award, shall pay the successful party or parties at all costs, expenses and reasonable attorneys fees incurred by the successful party or parties (including without limitation costs, expenses and fees on any appeals), and if the successful party recovers judgment in any such action or proceeding such costs, expenses and attorneys fees shall be included as part of the judgmenttribunal levels.
Costs. In Gulfstream shall pay or reimburse the Lenders for all of their costs and expenses incurred in connection with the administration, supervision, collection, or enforcement of or preservation of any action at law rights under, this Agreement, including, without limitation, the fees and disbursements of counsel for the Lenders, including attorneys' fees out of court, in trial, on appeal, in bankruptcy Proceedings, or in equity otherwise. If Taglich fails to enforce any obtain 100% of the provisions or rights under consents required by Section 10(b)(iv) of this Grant Agreement, including and any arbitration proceedings claim is asserted by any holder of Taglich Debt or any other third party that Taglich was not authorized to enforce such provisions execute this Agreement, Taglich agrees to pay SVSP for all of its costs and expenses incurred in connection with the enforcement of, or rightsthe preservation of any rights under, this Agreement against any holder of Taglich Debt or Taglich, including, without limitation, the unsuccessful party to such litigation or arbitrationfees and disbursements of counsel for SVSP, as determined by the court including attorneys' fees out of court, in a final judgment or decreetrial, on appeal, or by otherwise, regardless of whether SVSP is the panel of arbitrators in its award, shall pay the successful party or parties all costs, expenses and reasonable attorneys fees incurred by the successful party or parties (including without limitation costs, expenses and fees on any appeals), and if the successful party recovers judgment in any such action or proceeding such costs, expenses and attorneys fees shall be included as part of the judgmentprevailing party.
Costs. In If the Company or any action at law Member retains counsel for the purpose of enforcing or in equity preventing the breach or any threatened breach of any provision of this Agreement or for any other remedy relating to enforce any of it, then the provisions or rights under this Grant Agreement, including any arbitration proceedings prevailing party will be entitled to enforce such provisions or rights, the unsuccessful party to such litigation or arbitration, as determined be reimbursed by the court in a final judgment or decree, or by the panel of arbitrators in its award, shall pay the successful nonprevailing party or parties for all costs, costs and expenses and so incurred (including reasonable attorneys fees incurred by the successful party or parties (including without limitation costsfees, expenses costs of bonds, and fees on any appealsand expenses for expert witnesses), and if the successful party recovers judgment in any such action or proceeding such costs, expenses and attorneys fees shall be included as part of the judgment.
Costs. In any action at law or in equity to enforce any of the provisions or rights under this Grant Agreement, including any arbitration proceedings to enforce such provisions or rights, the unsuccessful party to such litigation or arbitration, as determined by the court in a final judgment or decree, or by the panel of arbitrators in its award, The foregoing indemnity and hold harmless agreement shall pay the successful party or parties include indemnity for all costs, expenses and reasonable liabilities (including, without limitation, attorneys fees and disbursements) incurred by the successful party Landlord Parties in connection with any such claim or parties (including without limitation costs, expenses and fees on any appeals)action or proceeding brought thereon, and if the successful party recovers judgment defense thereof. In addition, in the event that any action or proceeding shall be brought against one or more Landlord Parties by reason of any such claim, Tenant, upon request from the Landlord Party, shall resist and defend such action or proceeding such costs, expenses and attorneys fees shall be included as part on behalf of the judgment.Landlord Party by counsel appointed by Tenants insurer (if such claim is covered by insurance without reservation) or otherwise by counsel reasonably satisfactory to the Landlord Party. The Landlord
Appears in 1 contract Lease (Amag Pharmaceuticals Inc.)