Common use of Enforcement Costs and Attorneys Fees Clause in Contracts

Enforcement Costs and Attorneys Fees. The Bank shall pay to or on behalf of Xx. Xxxx all reasonable costs, including legal fees, incurred by her in connection with or arising out of her consultation with legal counsel or in connection with or arising out of any action, suit or proceeding in which she may be involved, as a result of her efforts, in good faith, to defend or enforce the terms of this Agreement, provided that Xx. Xxxx shall have (a) proceeded in accordance with section 24 of this Agreement and (b) substantially prevailed on the merits pursuant to a judgment, decree or order of a court of competent jurisdiction or of an arbitrator in an arbitration proceeding, or in a settlement; provided, further, that this section 17 shall not obligate the Bank to pay costs and legal fees on behalf of Xx. Xxxx under this Agreement in excess of reasonable attorney fees. For purposes of this Agreement, any settlement agreement which provides for payment of any amounts in settlement of the Bank's obligations hereunder shall be conclusive evidence of Xx. Xxxx'x entitlement to payments under this section, and any such payments shall be in addition to amounts payable pursuant to such settlement agreement, unless such settlement agreement expressly provides otherwise.

Appears in 1 contract

Samples: Employment Agreement (GSB Financial Corp)

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Enforcement Costs and Attorneys Fees. The Bank shall pay to or on behalf of Xx. Xxxx Xxxxxxx all reasonable costs, including legal fees, incurred by her him in connection with or arising out of her his consultation with legal counsel or in connection with or arising out of any action, suit or proceeding in which she he may be involved, as a result of her his efforts, in good faith, to defend or enforce the terms of this Agreement, provided that Xx. Xxxx Xxxxxxx shall have (a) proceeded in accordance with section 24 of this Agreement and (b) substantially prevailed on the merits pursuant to a judgment, decree or order of a court of competent jurisdiction or of an arbitrator in an arbitration proceeding, or in a settlement; provided, further, that this section 17 shall not obligate the Bank to pay costs and legal fees on behalf of Xx. Xxxx Xxxxxxx under this Agreement in excess of reasonable attorney fees. For purposes of this Agreement, any settlement agreement which provides for payment of any amounts in settlement of the Bank's obligations hereunder shall be conclusive evidence of Xx. Xxxx'x Xxxxxxx'x entitlement to payments under this section, and any such payments shall be in addition to amounts payable pursuant to such settlement agreement, unless such settlement agreement expressly provides otherwise.

Appears in 1 contract

Samples: Employment Agreement (GSB Financial Corp)

Enforcement Costs and Attorneys Fees. The Bank Company shall pay to or on behalf of Xx. Xxxx the Officer all reasonable costs, including legal fees, incurred by her him in connection with or arising out of her the Officer's consultation with legal counsel or in connection with or arising out of any action, suit or proceeding in which she the Officer may be involved, as a result of her the Officer's efforts, in good faith, to defend or enforce the terms of this Agreement, provided that Xx. Xxxx the Officer shall have (a) proceeded in accordance with section 24 of this Agreement and (b) substantially prevailed on the merits pursuant to a judgment, decree or order of a court of competent jurisdiction or of an arbitrator in an arbitration proceeding, or in a settlement; provided, further, that this section 17 4 shall not obligate the Bank Company to pay costs and legal fees on behalf of Xx. Xxxx the Officer under this Agreement in excess of reasonable attorney attorneys fees. For purposes of this Agreement, any settlement agreement which provides for payment of any amounts in settlement of the BankCompany's obligations hereunder shall be conclusive evidence of Xx. Xxxx'x the Officer's entitlement to payments under this section, and any such payments shall be in addition to amounts payable pursuant to such settlement agreement, unless such settlement agreement expressly provides otherwise.

Appears in 1 contract

Samples: Supplementary Retention Agreement (GSB Financial Corp)

Enforcement Costs and Attorneys Fees. The Bank shall pay to or on behalf of Xx. Xxxx all indemnify, hold harmless and defend the Officer against reasonable costs, including legal fees, incurred by her in connection with or arising out of her consultation with legal counsel or the Officer in connection with or arising out of any action, suit or proceeding in which she the Officer may be involved, as a result of her the Officer's efforts, in good faith, to defend or enforce the terms of this Agreement; provided, provided however, that Xx. Xxxx the Officer shall have (a) proceeded in accordance with section 24 of this Agreement and (b) substantially prevailed on the merits pursuant to a judgment, decree or order of a court of competent jurisdiction or of an arbitrator in an arbitration proceeding, or in a settlement; provided, further, that this section 17 14 shall not obligate the Bank to pay costs and legal fees on behalf of Xx. Xxxx the Officer under this Agreement in excess of reasonable attorney attorneys' fees. For purposes of this Agreement, any settlement agreement which provides for payment of any amounts in settlement of the Bank's obligations hereunder shall be conclusive evidence of Xx. Xxxx'x the Officer's entitlement to payments under this section, and any such payments shall be in addition to amounts payable pursuant to such settlement agreement, unless such settlement agreement expressly provides otherwise. Section 15.

Appears in 1 contract

Samples: Employee Retention Agreement (GSB Financial Corp)

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Enforcement Costs and Attorneys Fees. The Bank shall pay to or on behalf of Xx. Xxxx the Officer all reasonable costs, including legal fees, incurred by her him in connection with or arising out of her his consultation with legal counsel or in connection with or arising out of any action, suit or proceeding in which she he may be involved, as a result of her his efforts, in good faith, to defend or enforce the terms of this Agreement, provided that Xx. Xxxx the Officer shall have (a) proceeded in accordance with section 24 of this Agreement and (b) substantially prevailed on the merits pursuant to a judgment, decree or order of a court of competent jurisdiction or of an arbitrator in an arbitration proceeding, or in a settlement; provided, further, that this section 17 shall not obligate the Bank to pay costs and legal fees on behalf of Xx. Xxxx the Officer under this Agreement in excess of reasonable attorney attorneys' fees. For purposes of this Agreement, any settlement agreement which provides for payment of any amounts in settlement of the Bank's obligations hereunder shall be conclusive evidence of Xx. Xxxx'x the Officer's entitlement to payments under this section, and any such payments shall be in addition to amounts payable pursuant to such settlement agreement, unless such settlement agreement expressly provides otherwise.

Appears in 1 contract

Samples: Employment Agreement (GSB Financial Corp)

Enforcement Costs and Attorneys Fees. The Bank shall pay to or on behalf of Xx. Xxxx the Officer all reasonable costs, including legal fees, incurred by her him in connection with or arising out of her the Officer's consultation with legal counsel or in connection with or arising out of any action, suit or proceeding in which she may the Officer be involved, as a result of her the Officer's efforts, in good faith, to defend or enforce the terms of this Agreement, provided however that Xx. Xxxx the Officer shall have (a) proceeded in accordance with section 24 of this Agreement and (b) substantially prevailed on the merits pursuant to a judgment, decree or order of a court of competent jurisdiction or of an arbitrator in an arbitration proceeding, or in a settlement; provided, further, that this section 17 14 shall not obligate the Bank to pay costs and legal fees on behalf of Xx. Xxxx the Officer under this Agreement in excess of reasonable attorney attorneys fees. For purposes of this Agreement, any settlement agreement which provides for payment of any amounts in settlement of the Bank's obligations hereunder shall be conclusive evidence of Xx. Xxxx'x the Officer's entitlement to payments under this section, and any such payments shall be in addition to amounts payable pursuant to such settlement agreement, unless such settlement agreement expressly provides otherwise.

Appears in 1 contract

Samples: Employee Retention Agreement (GSB Financial Corp)

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