Enforcement Costs. If any legal action or other pro-ceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default or misrepresenta-tion in connection with any provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys’ fees, court costs and all expenses even if not taxable as court costs (including, without limita-tion, all such fees, costs and expenses incident to appeals), incurred in that action or proceeding, in addition to any other relief to which such party or parties may be entitled.
Appears in 18 contracts
Sources: Pledge Agreement (Pure Biofuels Corp), Pledge and Escrow Agreement (Xsunx Inc), Insider Pledge and Escrow Agreement (Clayton Dunning Group)
Enforcement Costs. If any legal action or other pro-ceeding proceedings, including arbitration, is brought for the enforcement of this Agreement, Agreement or because of an alleged dispute, breach, default default, or misrepresenta-tion misrepresentation in connection with any provisions provision of this Agreement, the successful or prevailing party Party or parties Parties shall be entitled to recover reasonable attorneys’ fees, court costs and all expenses even expenses, if not taxable as court costs (including, without limita-tion, all such fees, costs and expenses incident to appeals)costs, incurred in that action or proceeding, including all appeals, in addition to any other relief to which such party Party or parties Parties may be entitled. Such enforcement costs shall not be dischargeable in bankruptcy.
Appears in 11 contracts
Sources: Business Associate Agreement (Baa), Business Associate Agreement (Baa), Business Associate Agreement (Baa)
Enforcement Costs. If any legal action or other pro-ceeding proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default or misrepresenta-tion misrepresentation in connection with any provisions provision of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys’ ' fees, court costs and all expenses even if not taxable as court costs (including, without limita-tionlimitation, all such fees, costs and expenses incident to appealsarbitration, appellate, bankruptcy and post-judgment proceedings), incurred in that action or proceeding, in addition to any other relief to which such party or parties may be entitled.
Appears in 11 contracts
Sources: Employment Agreement (Zoned Properties, Inc.), Employment Agreement (OncBioMune Pharmaceuticals, Inc), Consulting Agreement (Trunity Holdings, Inc.)
Enforcement Costs. If any legal action or other pro-ceeding proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default or misrepresenta-tion misrepresentation in connection with any provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys’ fees, court costs and all expenses even if not taxable as court costs (including, without limita-tionlimitation, all such fees, costs and expenses incident to appeals), incurred in that action or proceeding, in addition to any other relief to which such party or parties may be entitled.
Appears in 9 contracts
Sources: Pledge and Escrow Agreement (Isonics Corp), Pledge and Security Agreement (Winning Edge International, Inc.), Securities Purchase Agreement (DigitalPost Interactive, Inc.)
Enforcement Costs. If any legal action or other pro-ceeding proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default or misrepresenta-tion misrepresentation in connection with any provisions of this Agreement, the successful or prevailing party Party or parties Parties shall be entitled to recover reasonable attorneys’ fees' fees and expenses, court costs and all expenses even if not taxable as court costs (including, without limita-tionbut not limited to, all such fees, costs attorneys' fees and expenses incident to any appeals), incurred in that action or proceeding, in addition to any other relief to which such party Party or parties Parties may be entitled.
Appears in 9 contracts
Sources: Employment Agreement (Trade Street Residential, Inc.), Employment Agreement (Trade Street Residential, Inc.), Employment Agreement (Trade Street Residential, Inc.)
Enforcement Costs. If any legal action or other pro-ceeding proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default or misrepresenta-tion misrepresentation in connection with any provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys’ attorney’s fees, court costs and all reasonable expenses even if not taxable as court costs (including, without limita-tionlimitation, all such fees, costs and expenses incident to appeals), incurred in that action or proceeding, in addition to any other relief to which such party or parties may be entitled.
Appears in 8 contracts
Sources: Executive Employment Agreement (Xstream Systems Inc), Executive Employment Agreement (Xstream Systems Inc), Executive Employment Agreement (Xstream Systems Inc)
Enforcement Costs. If any legal action or other pro-ceeding proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default or misrepresenta-tion misrepresentation in connection with any provisions provision of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys’ fees, court costs and all expenses even if not taxable as court costs (including, without limita-tionlimitation, all such fees, costs and expenses incident to appealsarbitration, appellate, bankruptcy and post-judgment proceedings), incurred in that action or proceeding, in addition to any other relief to which such party or parties may be entitled.
Appears in 6 contracts
Sources: Employment Agreement (Cardinal Energy Group, Inc.), Consulting Agreement (Image Protect, Inc.), Employment Agreement (OncBioMune Pharmaceuticals, Inc)
Enforcement Costs. If any legal action or other pro-ceeding proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default default, or misrepresenta-tion misrepresentation in connection with any provisions of this Agreement, the successful prevailing Party or prevailing party or parties Parties shall be entitled to recover any reasonable attorneys’ attorney's fees, court costs and all expenses expenses, even if not taxable as court costs (including, without limita-tionlimitation, all such fees, costs and expenses incident to appeals), incurred in that action or proceeding, in addition to any other relief to which such party Party or parties Parties may be entitled.
Appears in 4 contracts
Sources: Consulting Agreement (Celadon Group Inc), Resignation and Consulting Agreement (Celadon Group Inc), Severance Agreement (Celadon Group Inc)
Enforcement Costs. If any legal action or other pro-ceeding proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default or misrepresenta-tion misrepresentation in connection with any provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys’ ' fees, court costs and all expenses even if not taxable as court costs (including, without limita-tionlimitation, all such fees, costs and expenses incident to appeals), incurred in that action or proceeding, in addition to any other relief to which such party or parties may be entitled.
Appears in 4 contracts
Sources: Note Purchase Agreement (U.S. Helicopter CORP), Note Purchase Agreement (U.S. Helicopter CORP), Note Purchase Agreement (U.S. Helicopter CORP)
Enforcement Costs. If any legal action or other pro-ceeding proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default or misrepresenta-tion misrepresentation in connection with any provisions of this Agreement, the successful or prevailing party or parties Party shall be entitled to recover reasonable attorneys’ attorney’s fees, court costs and all expenses from the non-prevailing Party even if not taxable as court costs (including, without limita-tionlimitation, all such fees, costs and expenses incident to appeals), incurred in that action or proceeding, in addition to any other relief to which such party or parties Party may be entitled.
Appears in 4 contracts
Sources: Chain Contractor Agreement, Chain Contractor Agreement, Hotel Programs Agreement
Enforcement Costs. If any legal action action, arbitration or other pro-ceeding proceeding permitted by the provisions of this Agreement to be brought is actually brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default or misrepresenta-tion in connection with any provisions dispute arising out of this Agreement, the ultimately successful or prevailing party or parties shall be entitled to recover reasonable attorneys’ ' fees, court costs and all expenses other expenses, even if not taxable as court costs (including, without limita-tionlimitation, all such fees, costs and expenses incident to appeals), incurred in that action action, arbitration or other proceeding, in addition to any other relief to which such party or parties may be entitled.
Appears in 3 contracts
Sources: Executive Employment Agreement (Railamerica Inc /De), Executive Employment Agreement (Railamerica Inc /De), Executive Employment Agreement (Railamerica Inc /De)
Enforcement Costs. If any legal action or other pro-ceeding proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default or misrepresenta-tion misrepresentation in connection with any provisions of this Agreement, the successful or prevailing party or parties Party shall be entitled to recover reasonable attorneys’ attorney’s fees, court costs and all expenses from the non- prevailing Party even if not taxable as court costs (including, without limita-tionlimitation, all such fees, costs and expenses incident to appeals), incurred in that action or proceeding, in addition to any other relief to which such party or parties Party may be entitled.
Appears in 3 contracts
Sources: Marketing Program Space Agreement, Marketing Programs Space Agreement, Marketing Programs Space Agreement
Enforcement Costs. If any legal action or other pro-ceeding proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default or misrepresenta-tion misrepresentation in connection with any provisions provision of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys’ ' fees, court costs and all expenses even if not taxable as court costs (including, without limita-tionlimitation, all such fees, costs and expenses incident to appealsarbitration, appellate, bankruptcy and post-judgment proceedings), incurred in that action or proceeding, in addition to any other relief to which such party or parties may be entitled.
Appears in 3 contracts
Sources: Consulting Agreement (Fortune Rise Acquisition Corp), Consulting Agreement (Fortune Rise Acquisition Corp), Consulting Agreement (Fortune Rise Acquisition Corp)
Enforcement Costs. If any legal action or other pro-ceeding proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default or misrepresenta-tion misrepresentation in connection with any provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys’ attorney's fees, court costs and all reasonable expenses even if not taxable as court costs (including, without limita-tionlimitation, all such reasonable fees, costs and expenses incident to appeals), incurred in that action or proceedingproceedings, in addition to any other relief to which such party or parties may be entitled, and if awarded by a court of competent jurisdiction.
Appears in 2 contracts
Sources: Enterprise License Agreement, Annual Maintenance Agreement
Enforcement Costs. If any legal action or other pro-ceeding proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default or misrepresenta-tion misrepresentation in connection with any provisions provision of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys’ attorney’s fees, court costs and all expenses even if not taxable as court costs (including, without limita-tionlimitation, all such fees, costs and expenses incident to appeals), incurred in that action or proceeding, in addition to any other relief to which such party or parties may be entitled.
Appears in 2 contracts
Sources: Amendment No. 7 to the Amended and Restated Agreement of Limited Partnership (Merry Maids Limited Partnership), Agreement of Limited Partnership (ServiceMaster Consumer Services Limited Partnership)
Enforcement Costs. If any legal action or other pro-ceeding proceding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default or misrepresenta-tion misrepresentation in connection with any provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys’ ' fees, court costs and all expenses even if not taxable as court costs (including, without limita-tionlimitation, all such fees, costs and expenses incident to appeals), incurred in that action or proceeding, in addition to any other relief to which such party or parties may be entitled.
Appears in 2 contracts
Sources: Pledge and Escrow Agreement (Headliners Entertainment Group, Inc.), Pledge and Escrow Agreement (Headliners Entertainment Group, Inc.)
Enforcement Costs. If any legal action or other pro-ceeding proceeding is brought for the challenge or enforcement of this Agreement, or because of an alleged dispute, breach, default default, or misrepresenta-tion misrepresentation in connection with any provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys’ attorney's fees, court costs costs, and all expenses even if not taxable as court costs (including, including without limita-tionlimitation, all such fees, costs and expenses incident to appeals), incurred in that action or proceeding, in addition to any other relief to which such party or parties may be entitled.
Appears in 2 contracts
Sources: Asset Purchase Agreement (TLC Vision Corp), Asset Purchase Agreement (TLC Vision Corp)
Enforcement Costs. If any legal action or other pro-ceeding proceeding is brought for the enforcement of this AgreementAgreement or any other Transaction Document, or because of an alleged dispute, breach, default or misrepresenta-tion misrepresentation in connection with any provisions of this AgreementAgreement or any other Transaction Document, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys’ fees, court costs and all expenses even if not taxable as court costs (including, without limita-tionlimitation, all such reasonable fees, costs and expenses incident to appeals), incurred in that action or proceeding, in addition to any other relief to which such party or parties may be entitled.
Appears in 2 contracts
Sources: Pledge Agreement (Intellicell Biosciences, Inc.), Pledge Agreement (Intellicell Biosciences, Inc.)
Enforcement Costs. If any legal action or other pro-ceeding proceeding is brought brought, for the enforcement of any of the terms or conditions of this Agreement, or because of an alleged dispute, breach, default or misrepresenta-tion default, in connection with any of the provisions of this Agreement, the successful or prevailing party or parties in such action shall be entitled to recover from the non-prevailing party the costs it incurred in such action including, but not limited to, reasonable attorneys’ fees, court fees (including costs and all expenses even if not taxable as court costs (including, without limita-tion, all such fees, costs and expenses incident to appealsfees incurred on appeal), incurred in that action or proceeding, in addition to any other relief to which such party or parties may be entitled.
Appears in 1 contract
Enforcement Costs. If any legal action or other pro-ceeding proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, a breach, default or misrepresenta-tion misrepresentation in connection with any provisions provision of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys’ attorney’s fees, court costs and all expenses even if not taxable as court costs (including, without limita-tionlimitation, all such fees, costs and expenses incident to appeals), incurred in that action or proceeding, in addition to any other relief to which such party or parties may be entitled.
Appears in 1 contract
Sources: Agreement of Limited Partnership (ServiceMaster Consumer Services Limited Partnership)
Enforcement Costs. If any legal action or other pro-ceeding proceeding is brought initiated or instituted for the enforcement of this Agreement, or because of an alleged dispute, breach, default default, or misrepresenta-tion misrepresentation in connection with any provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys’ attorney's fees, court costs and all expenses (including taxes) even if not taxable as court costs (including, without limita-tionlimitation, all such reasonable fees, costs costs, and expenses incident to appeals)appeal, incurred in that action or proceeding), in addition to any other relief to which such party or parties may be entitled.
Appears in 1 contract
Sources: Franchise Agreement
Enforcement Costs. If any legal action or other pro-ceeding proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default or misrepresenta-tion misrepresentation in connection with any provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys’ attorney's fees, court costs and all expenses even if not taxable as court costs (including, without limita-tionlimitation, all such fees, costs and expenses incident to appeals), incurred in that action or proceeding, in addition to any other relief to which such party or parties may be entitled.
Appears in 1 contract
Enforcement Costs. If Except as otherwise specifically provided herein, if any legal civil action or other pro-ceeding legal proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default or misrepresenta-tion misrepresentation in connection with any provisions provision of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable costs and expenses, including attorneys’ fees, court costs fees and all expenses even if not taxable as court costs (including, without limita-tion, all such fees, costs and expenses incident to appeals)reasonable expenses, incurred in that action civil action, arbitration or legal proceeding, in addition to any other relief to which such party or parties may be entitled.
Appears in 1 contract
Sources: Contribution Agreement (Scripps Networks Interactive, Inc.)
Enforcement Costs. If any legal action or other pro-ceeding proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default or misrepresenta-tion misrepresentation in connection with any provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys’ fees, court costs and all expenses even if not taxable as court costs (including, without limita-tionlimitation, all such fees, costs and expenses incident to appeals), incurred in that action or proceeding, in addition to any other relief to which such party or parties may be entitled. 8.
Appears in 1 contract
Sources: Escrow Agreement (Xinhua China LTD)
Enforcement Costs. If any legal action or other pro-ceeding proceeding is brought brought, for the enforcement or interpretation of any of the terms or conditions of this Agreement, or because of an alleged or actual dispute, breach, default or misrepresenta-tion default, in connection with any of the provisions of this Agreement, the successful or prevailing party or parties Party in such action shall be entitled to recover from the non-prevailing Party the costs it incurred in such action including reasonable attorneys’ fees, court fees (including costs and all expenses even if not taxable as court costs (including, without limita-tion, all such fees, costs and expenses incident to appealsfees incurred on appeal), incurred in that action or proceeding, in addition to any other relief to which such party or parties Party may be entitled, to the greatest extent permissible by applicable law.
Appears in 1 contract
Enforcement Costs. If any legal action or other pro-ceeding proceeding is brought brought, for the enforcement or interpretation of any of the terms or conditions of this Agreement, or because of an alleged or actual dispute, breach, default or misrepresenta-tion default, in connection with any of the provisions of this Agreement, the successful or prevailing party or parties Party in such action shall be entitled to recover from the non-prevailing Party the costs it incurred in such action including reasonable attorneys’ fees, court attorneys ' fees (including costs and all expenses even if not taxable as court costs (including, without limita-tion, all such fees, costs and expenses incident to appealsfees incurred on appeal), incurred in that action or proceeding, in addition to any other relief to which such party or parties Party may be entitled, to the greatest extent permissible by applicable law.
Appears in 1 contract
Enforcement Costs. If any legal action action, arbitration or other pro-ceeding proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default or misrepresenta-tion misrepresentation in connection with any provisions of this Agreement, the ultimately successful or prevailing party or parties shall be entitled to recover reasonable attorneys’ ' fees, court costs and all expenses other expenses, even if not taxable as court costs (including, without limita-tionlimitation, all such fees, costs and expenses incident to appeals), incurred in that action action, arbitration or other proceeding, in addition to any other relief to which such party or parties may be entitled.
Appears in 1 contract
Enforcement Costs. If any legal action or other pro-ceeding proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default or misrepresenta-tion misrepresentation in connection with any provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys’ ' fees, court costs and all expenses even if not taxable as court costs (including, without limita-tionlimitation, all such fees, costs and expenses incident to appeals), incurred in that action or proceeding, in addition to any other relief to which such party or parties may be entitled. 10.
Appears in 1 contract
Enforcement Costs. If any legal action or other pro-ceeding proceeding is ----------------- brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default or misrepresenta-tion misrepresentation in connection with any provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys’ ' fees, court costs and all expenses even if not taxable as court costs (including, without limita-tionlimitation, all such fees, costs and expenses incident to appeals), incurred in that action or proceeding, in addition to any other relief to which such party or parties may be entitled.
Appears in 1 contract
Enforcement Costs. If any legal action or other pro-ceeding is ------------------ brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default or misrepresenta-tion in connection with any provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys’ ' fees, court costs and all expenses even if not taxable as court costs (including, without limita-tion, all such fees, costs and expenses incident to appeals), incurred in that action or proceeding, in addition to any other relief to which such party or parties may be entitled.
Appears in 1 contract
Enforcement Costs. If any legal action or other pro-ceeding proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default default, or misrepresenta-tion misrepresentation in connection with any provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover any reasonable attorneys’ attorney's fees, court costs and all expenses expenses, even if not taxable as court costs (including, without limita-tionlimitation, all such fees, costs and expenses incident to appeals), incurred in that action or proceeding, in addition to any other relief to which such party or parties may be entitled.
Appears in 1 contract
Enforcement Costs. If any legal action or other pro-ceeding proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default or misrepresenta-tion misrepresentation in connection with any provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys’ fees, court costs and all expenses even if not taxable as court costs (including, without limita-tion, including all such fees, costs and expenses incident to appeals), incurred in that action or proceeding, in addition to any other relief to which such party or parties may be entitled.
Appears in 1 contract
Sources: Limited Partnership Agreement (ServiceMaster Consumer Services Limited Partnership)
Enforcement Costs. If any legal action or other pro-ceeding proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default or misrepresenta-tion misrepresentation in connection with any provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys’ fees, court costs costs, and all expenses even if not taxable as court costs (including, without limita-tionlimitation, all such fees, costs costs, and expenses incident to appeals), incurred in that action or proceeding, in addition to any other relief to which such party or parties may be entitled.
Appears in 1 contract
Sources: Forbearance Agreement (Cirtran Corp)
Enforcement Costs. If any legal action or other pro-ceeding proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default default, or misrepresenta-tion misrepresentation in connection with any provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys’ attorney's fees, court costs costs, and all expenses even if not taxable as court costs (including, without limita-tion, all such fees, costs and expenses incident to appeals), including taxes) incurred in that action or proceeding, in addition to any other relief to which such party or parties may be entitled.
Appears in 1 contract
Enforcement Costs. If any legal action or other pro-ceeding proceeding is brought brought, for the enforcement of any of the terms or conditions of this Agreement, or because of an alleged dispute, breach, default or misrepresenta-tion default, in connection with any of the provisions of this Agreement, Agreement the successful or prevailing party or parties in such action shall be entitled to recover from the non-prevailing party the costs it incurred in such action including, but not limited to, reasonable attorneys’ fees, court fees (including costs and all expenses even if not taxable as court costs (including, without limita-tion, all such fees, costs and expenses incident to appealsfees incurred on appeal), incurred in that action or proceeding, in addition to any other relief to which such party or parties may be entitled.
Appears in 1 contract