Common use of Enforcement of Agreement Clause in Contracts

Enforcement of Agreement. In the event that any Party is required to enforce this Agreement by court proceedings or otherwise, the prevailing Party shall be entitled to recover all fees and costs incurred, including reasonable attorneys’ fees and costs for trial, alternative dispute resolution, and/or appellate proceedings.

Appears in 19 contracts

Samples: Tri Party Net Billing Power Purchase Agreement, Billing Power Purchase Agreement, Tri Party Net Metering Power Purchase Agreement

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Enforcement of Agreement. In the event that any Party either party is required to enforce this Agreement by court proceedings or otherwise, the prevailing Party party shall be entitled to recover all fees and costs incurred, including reasonable attorneys’ attorney’s fees and costs for trial, alternative dispute resolution, and/or appellate proceedings.

Appears in 6 contracts

Samples: Tri Party Net Metering Power Purchase Agreement, Tri Party Net Metering Power Purchase Agreement, Metering Power Purchase Agreement

Enforcement of Agreement. In the event that any Party is required If either party commences litigation to enforce any provision of this Agreement by court proceedings or otherwiseto recover damages for breach hereof, the prevailing Party party shall be entitled to recover all fees and costs incurredexpenses of litigation including, including without limitation, reasonable attorneys’ fees and costs for trial, alternative dispute resolution, and/or appellate proceedingsfees.

Appears in 3 contracts

Samples: Employment Agreement (Zulu Energy Corp.), Employment Agreement (Zulu Energy Corp.), Employment Agreement (Zulu Energy Corp.)

Enforcement of Agreement. In the event that any Party party to this Agreement is required to enforce this Agreement by court proceedings or otherwise, the prevailing Party party shall be entitled to recover all fees and costs incurred, including reasonable attorneys’ attorney’s fees and costs for trial, alternative dispute resolution, and/or appellate proceedings.

Appears in 2 contracts

Samples: Metering Power Purchase Agreement, Tri Party Net Metering Power Purchase Agreement

Enforcement of Agreement. In the event that If any Party is required party to this Agreement brings an action or proceeding to enforce this Agreement by court proceedings or otherwiseits rights hereunder, the prevailing Party party shall be entitled to recover all fees its costs and costs incurredexpenses, including reasonable court costs and attorneys’ fees and costs for trial' fees, alternative dispute resolutionif any, and/or appellate proceedingsincurred in connection with such action or proceeding.

Appears in 2 contracts

Samples: Settlement Agreement and Release (Grand Central Silver Mines Inc), 2 Agreement and Release (Grand Central Silver Mines Inc)

Enforcement of Agreement. In the event that Should any Party is required party to this Agreement seek intervention of a court to resolve a dispute under this Agreement or to enforce this Agreement by court proceedings or otherwiseAgreement, the prevailing Party party shall be entitled to recover all fees costs and costs incurredexpenses, including reasonable attorneys’ attorney fees and costs for trial, alternative dispute resolution, and/or appellate proceedingsincurred.

Appears in 2 contracts

Samples: Confidential Severance Agreement and Release of All Claims (PDL Biopharma, Inc.), Confidential Severance Agreement and Release of All Claims (PDL Biopharma, Inc.)

Enforcement of Agreement. In the event that any Party a party is required to enforce this Agreement by court proceedings or otherwise, then the prevailing Party party shall be entitled to recover all fees and costs incurred, including reasonable attorneys' fees and costs for trial, alternative dispute resolution, and/or or appellate proceedings.

Appears in 2 contracts

Samples: Funding Agreement, Funding Agreement

Enforcement of Agreement. In the event that any Party party to this Agreement is required to enforce this Agreement by court proceedings or otherwise, the prevailing Party party shall be entitled to recover all fees and costs incurred, including reasonable attorneys’ attorney's fees and costs for trial, alternative dispute resolution, and/or appellate proceedings.

Appears in 2 contracts

Samples: Tri Party Net Metering Power Purchase Agreement, Tri Party Net Metering Power Purchase Agreement

Enforcement of Agreement. In the event that If any Party is required to this Agreement commences a proceeding to enforce this Agreement by court proceedings or otherwiseits rights hereunder, the prevailing Party party shall be entitled to recover all fees its costs and costs incurredexpenses, including reasonable attorneys’ fees and costs for trialexpenses, alternative dispute resolutionif any, and/or appellate proceedingsreasonably incurred in connection with such proceeding.

Appears in 1 contract

Samples: Settlement and Mutual Release Agreement (Premier Exhibitions, Inc.)

Enforcement of Agreement. In the event that If any Party is required party to this Agreement brings an action to enforce this Agreement by court proceedings or otherwiseits rights hereunder, the prevailing Party party shall be entitled to recover all fees its costs and costs incurredexpenses, including reasonable court costs and attorneys’ fees and costs for trial' fees, alternative dispute resolutionif any, and/or appellate proceedingsreasonably incurred in connection with such suit.

Appears in 1 contract

Samples: Executive Separation Agreement (Thompson Pbe Inc)

Enforcement of Agreement. In the event that If any Party action is required brought to enforce the terms of this Agreement by court proceedings or otherwiseagreement, the prevailing Party party shall be entitled to recover all fees reasonable attorney’s fees, costs and costs incurredexpenses from the other party, including reasonable attorneys’ fees and costs for trial, alternative dispute resolution, and/or appellate proceedingsin addition to any other relief to which the prevailing party may be entitled.

Appears in 1 contract

Samples: Council of Governments Contract for Contractor Services

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Enforcement of Agreement. In The parties agree that in the event that any Party is required it becomes necessary for a party to litigate in order to enforce its rights under the terms of this Agreement by court proceedings or otherwiseany of the Transaction Documents, then and in such event, the prevailing Party successful party shall be entitled to recover all fees from the other party or parties to the litigation its costs and costs incurred, including reasonable attorneys' fees up to and costs for trial, alternative dispute resolution, and/or including all trial and appellate proceedingslevels.

Appears in 1 contract

Samples: Closing Agreement (Doughties Foods Inc)

Enforcement of Agreement. In the event that If any Party is required party to this Agreement brings an action to enforce this Agreement by court proceedings his, her or otherwiseits rights hereunder, the prevailing Party party shall be entitled to recover all fees his, her, or its costs and costs incurredexpenses, including reasonable court costs and attorneys’ fees and costs for trialfees, alternative dispute resolutionif any, and/or appellate proceedingsincurred in connection with such suit to the extent permitted by applicable law.

Appears in 1 contract

Samples: Release and Severance Agreement (Krispy Kreme Doughnuts Inc)

Enforcement of Agreement. In the event that any Party is required If either party brings an action to enforce its rights under this Agreement by court proceedings or otherwiseand prevails, the prevailing Party it shall be entitled to recover all fees its costs and costs incurredexpenses, including court costs and reasonable attorneys’ fees and costs for trialfees, alternative dispute resolutionif any, and/or appellate proceedingsincurred in connection with such suit.

Appears in 1 contract

Samples: Consulting Agreement (Sterling Bancshares Inc)

Enforcement of Agreement. In the event that If any Party is required party to this Agreement commences a proceeding to enforce this Agreement by court proceedings or otherwiseits rights hereunder, the prevailing Party party shall be entitled to recover all from the losing party its costs and expenses, including attorneys' fees and costs incurredexpenses, including reasonable attorneys’ fees and costs for trialif any, alternative dispute resolution, and/or appellate proceedingsreasonably incurred in connection with such proceeding.

Appears in 1 contract

Samples: Release Agreement (Sputnik Enterprises, Inc)

Enforcement of Agreement. In the event that any Party either party is required to enforce this Agreement by court proceedings or otherwise, then the prevailing Party party shall be entitled to recover all fees and costs incurred, including reasonable attorneys' fees and costs for trial, alternative dispute resolution, and/or or appellate proceedings.

Appears in 1 contract

Samples: Tree Maintenance Agreement

Enforcement of Agreement. In If legal proceedings are commenced by any of the event that any Party is required Parties to enforce or interpret the provisions of this Agreement by court proceedings or otherwiseAgreement, the prevailing Party party shall be entitled to recover all fees and costs incurred, including reasonable of such party’s attorneys’ fees and costs for trial, alternative dispute resolution, and/or appellate proceedingsand expenses of litigation including any and all appeals or petitions as well as fees and costs incurred in enforcing any resulting judgment or award.

Appears in 1 contract

Samples: Settlement Agreement

Enforcement of Agreement. In the event that If any Party is required brings an action or proceeding to enforce its rights under this Agreement by court proceedings or otherwiseAgreement, the prevailing Party shall be entitled to recover all fees its costs and costs incurredexpenses, including court costs and reasonable attorneys’ fees and costs for trialfees, alternative dispute resolutionif any, and/or appellate proceedingsincurred in connection with such action or proceeding.

Appears in 1 contract

Samples: Settlement Agreement

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