Legal Expenses. The prevailing party in any legal action brought by one party against the other and arising out of this Agreement shall be entitled, in addition to any other rights and remedies it may have, to reimbursement for its expenses, including court costs and reasonable attorneys' fees.
Appears in 13 contracts
Samples: Sale Representative Agreement, Client Service Agreement, Client Service Agreement
Legal Expenses. The prevailing party in any legal action brought by one party against the other and arising out of this Agreement shall be entitled, in addition to any other rights and remedies it may have, to reimbursement for its expenses, including court arbitration costs and reasonable attorneys' attorney’s fees.
Appears in 5 contracts
Samples: Distribution Agreement (Micrus Endovascular Corp), Distribution Agreement (Micrus Endovascular Corp), Distribution Agreement (Micrus Corp)
Legal Expenses. The prevailing party in any legal action brought by one party against the other and arising out of this Agreement shall be entitled, in addition to any other rights and remedies it may have, to reimbursement for its expenses, including court costs and reasonable attorneys' ’ fees.
Appears in 5 contracts
Samples: International Distribution Agreement (Infraredx Inc), International Distributor Agreement (Zap), International Distribution Agreement (Infraredx Inc)
Legal Expenses. The prevailing party in any legal action brought by -------------- one party against the other and arising out of this Agreement shall be entitled, in addition to any other rights and remedies it may have, to reimbursement for its expenses, including court costs and reasonable attorneys' fees.
Appears in 4 contracts
Samples: International Distributor Agreement (Lynuxworks Inc), Distributor Agreement (Echelon Corp), Purchase Agreement (Cerent Corp)
Legal Expenses. The prevailing party in any legal action brought by one party against the other and arising out of this Agreement shall be entitled, in addition to any other rights and remedies it that such prevailing party may have, to reimbursement for its expensesexpenses incurred by such prevailing party, including court costs and reasonable attorneys' fees.
Appears in 4 contracts
Samples: Confidential Separation Agreement And (Vantagemed Corp), Separation Agreement and Mutual General Release (Vicinity Corp), License and Distribution Agreement (Innerdyne Inc)
Legal Expenses. The prevailing party Party in any legal action action, including arbitration, brought by one party Party against the other and arising out of this Agreement shall be entitled, in addition to along with any other rights and remedies it may have, to reimbursement for its expenses, including court costs and reasonable attorneys' attorney's fees. Such fees may be set by the court in the trial of such action or may be enforced in a separate action brought for that purpose. Such fees shall be in addition to any other relief that may be awarded.
Appears in 3 contracts
Samples: Distribution Agreement, Distribution Agreement, Distribution Agreement
Legal Expenses. The prevailing party Party in any legal action brought by one party Party against the other and arising out of this Agreement shall be entitled, in addition to any other rights and remedies it may have, to reimbursement for its expenses, including court costs and reasonable attorneys' ’ fees.
Appears in 3 contracts
Samples: Original Equipment Manufacturer Agreement (Sourcefire Inc), Original Equipment Manufacturer Agreement (Sourcefire Inc), Vendor Branded Purchase Agreement
Legal Expenses. The prevailing party Party in any legal action brought by one party Party against the other and arising out of this Agreement shall be entitled, in addition to any other rights and remedies it may have, to reimbursement for its expenses, including court costs and reasonable attorneys' fees.
Appears in 3 contracts
Samples: License and Supply Agreement (Helicos Biosciences Corp), License and Supply Agreement (Helicos Biosciences Corp), Agreement and Plan of Reorganization (U S a Floral Products Inc)
Legal Expenses. The prevailing party in any legal action brought by one party against the other and or proceeding arising out of this Agreement a Purchase Order or these Terms shall be entitled, in addition to any other rights and remedies it may have, to reimbursement for its expenses, including court costs and reasonable attorneys' feesfees and disbursements.
Appears in 3 contracts
Samples: Purchase Terms and Conditions, LLC Purchase Terms and Conditions, Purchase Terms and Conditions
Legal Expenses. The prevailing party in any legal action brought by one party against the other and arising out of this Agreement shall be entitled, in addition to any other rights and remedies it may have, to reimbursement for of its expenses, including court costs and reasonable attorneys' fees.
Appears in 3 contracts
Samples: Asp License Agreement (C Me Run Corp), Asp License Agreement (C Me Run Corp), Asp License Agreement (C Me Run Corp)
Legal Expenses. The prevailing party in any legal action brought by one party against the other and arising out of this Agreement shall be entitled, in addition to any other rights and remedies it may have, to reimbursement for its expenses, including court costs and reasonable attorneys' attorney's fees.
Appears in 2 contracts
Samples: Productivit Sale Agreement (Dyntek Inc), Portal Access Agreement (Dyntek Inc)
Legal Expenses. The prevailing party Party in any legal action brought by one party Party against the other and arising out of this Agreement shall be entitled, in addition to any other rights and remedies it may have, to reimbursement for its expenses, including court costs costs, pre and post judgment interest, reasonable attorneys' feesfees and costs of collection.
Appears in 2 contracts
Samples: Product Purchase Agreement (Altair Nanotechnologies Inc), Master Product Purchase Agreement (Altair Nanotechnologies Inc)
Legal Expenses. The prevailing party in any legal action brought by -------------- one party against the other and arising out of this Agreement shall will be entitled, in addition to any other rights and remedies it may have, to reimbursement for its expenses, including court costs and reasonable attorneys' fees.
Appears in 2 contracts
Samples: Oem Agreement (Support Com Inc), Oem Agreement (Support Com Inc)
Legal Expenses. The prevailing party in any legal action brought by one party against the other and arising out of this Agreement shall be entitled, in addition to any other rights and remedies it that such prevailing party may have, to reimbursement for its expensesexpenses incurred by such prevailing party, including court costs and reasonable attorneys' ’ fees.
Appears in 2 contracts
Samples: Separation Agreement and Release (Vantagemed Corp), Separation Agreement and Release (Vantagemed Corp)
Legal Expenses. The In the event either party takes legal action to enforce any of the terms of this Agreement, the prevailing party in any legal action brought by one party against the other and arising out of this Agreement shall be entitled, in addition to any other rights and remedies it may have, entitled to reimbursement for its expenses, including court costs and reasonable attorneys' feesfees at trial, on appeal or in connection with any petition for review.
Appears in 2 contracts
Samples: Software Remarketing Agreement (Synthonics Technologies Inc), Intellectual Property License Agreement (Synthonics Technologies Inc)
Legal Expenses. The prevailing party in any legal action brought by -------------- one party Party against the other and arising out of or relating to this Agreement shall be entitled, in addition to any other rights and remedies it may have, to reimbursement for its expenses, including court costs and reasonable attorneys' feesfees (including those incurred in any appeal).
Appears in 2 contracts
Samples: Sales and Marketing Agreement (Engage Technologies Inc), Sales and Marketing Agreement (Engage Technologies Inc)
Legal Expenses. The prevailing party in any legal action brought by one party against the other and arising out of this Agreement shall be entitled, in addition to any other rights and remedies it may have, to reimbursement for its expensesexpense, including court arbitration costs and reasonable attorneys' ’ fees.
Appears in 2 contracts
Samples: Japanese Distribution Agreement (Volcano CORP), Japanese Distribution Agreement (Volcano CORP)
Legal Expenses. The prevailing party in any legal action brought by one party against the other and arising out of this Agreement shall be entitled, in addition to any other rights and remedies it may have, to reimbursement for its expenses, including court costs and reasonable attorneys' attorney's fees.
Appears in 2 contracts
Samples: Master Distribution Agreement (Jomed Acquisition Corp), Master Distribution Agreement (Endosonics Corp)
Legal Expenses. The prevailing party Party in any legal action brought by one party Party against the other and arising out of this Agreement shall be entitled, in addition to any ally other rights and remedies it may have, to reimbursement for its expenses, including court costs and reasonable attorneys' ’ fees.
Appears in 2 contracts
Samples: Turnkey Design and Manufacturing Agreement (Xplore Technologies Corp), Turnkey Design and Manufacturing Agreement (Xplore Technologies Corp)
Legal Expenses. The prevailing prevailing, party in any legal action brought by one party against the other and arising out of this Agreement shall be entitled, in addition to any other rights and remedies it may have, to reimbursement for its expenses, including court costs and reasonable attorneys' fees.
Appears in 2 contracts
Samples: International Oem Agreement (Com21 Inc), International Oem Agreement (Com21 Inc)
Legal Expenses. The prevailing party in any legal action brought by one party against the other and arising that arises out of this Agreement these Terms shall be entitled, in addition to any other rights and remedies it may have, to reimbursement for its legal expenses, including court costs and reasonable attorneys' ’ fees.
Appears in 2 contracts
Samples: www.inboxceo.com, www.visitorslist.com
Legal Expenses. The prevailing party in any legal action brought by one party against between the other and parties hereto, arising out of this Agreement shall Agreement, will be entitled, in addition to any other rights and remedies it may have, to reimbursement for its legal expenses, including court costs and reasonable attorneys' fees.
Appears in 1 contract
Legal Expenses. The prevailing party in If any legal action is brought by one either party to this Agreement against the other and arising out of this Agreement party regarding the subject matter hereof, the prevailing party shall be entitled, in addition to any other rights and remedies it may have, to reimbursement for its expenses, including court costs and reasonable consultants', experts' and attorneys' fees.
Appears in 1 contract
Legal Expenses. The prevailing party in any legal action brought by one party against the other and arising out of this Agreement shall be entitled, in addition to any other rights and remedies it may have, to reimbursement for its expenses, including court arbitration costs and reasonable attorneys' attorney's fees.
Appears in 1 contract
Legal Expenses. The prevailing party Party in any legal action or arbitration proceeding brought by one party Party against the other and arising out of or related to this Agreement shall be entitled, in addition to any other rights and remedies it may have, to reimbursement for its reasonable legal expenses, including but not limited to court costs and arbitration fees and reasonable attorneys' fees.
Appears in 1 contract
Samples: Services Partner Agreement
Legal Expenses. The prevailing party Party in any legal action brought by one party Party against the other another (and arising out of this Agreement relating hereto) shall be entitled, in addition to any all other rights and remedies it may have, to reimbursement for its expenses, including court costs and reasonable attorneys' fees’ and expert witness fees and expenses.
Appears in 1 contract
Samples: Asset Purchase and Sale Agreement (American Liberty Petroleum Corp.)
Legal Expenses. The prevailing party in any legal action brought -------------- by one party against the other and arising out of this Agreement shall will be entitled, in addition to any other rights and remedies available to it may haveat law or in equity, to reimbursement for its expenses, reasonable costs and expenses (including court costs and reasonable attorneys' feesfees for attorneys and expert witnesses) incurred with respect to bringing and maintaining any such action.
Appears in 1 contract
Samples: Transitional Services Agreement (Advanced Glassfiber Yarus LLC)
Legal Expenses. The prevailing party in any legal action brought -------------- by one party against the other and arising out of this Agreement shall be entitled, in addition to any other rights and remedies it may have, to reimbursement for its expenses, including court costs and reasonable attorneys' fees.
Appears in 1 contract
Legal Expenses. The prevailing party in any legal action action, including arbitration, brought by one party Party against the other and arising out of this Agreement shall be entitled, in addition to along with any other rights and remedies it may have, to reimbursement for its expenses, including court costs and reasonable attorneys' attorney’s fees.
Appears in 1 contract
Legal Expenses. The prevailing party in any legal action brought by one party against the other and arising out of this Agreement shall be entitled, in addition to any other rights and remedies it may have, to reimbursement for its expensesexpense, including court arbitration costs and reasonable attorneys' attorney’s fees.
Appears in 1 contract
Samples: Distribution Agreement (Maravai Lifesciences Holdings, Inc.)
Legal Expenses. The prevailing party in any legal action brought by one party against the other and or proceeding arising out of this the Agreement shall be entitled, in addition to any other rights and remedies it may have, to reimbursement for its expenses, including court costs and reasonable attorneys' fees.
Appears in 1 contract
Samples: Purchase Order Terms and Conditions
Legal Expenses. The prevailing party in any legal action brought by one party against the other another and arising out of this Agreement shall be entitled, in addition to any other rights and remedies it may have, to reimbursement for its expenses, including court costs and reasonable attorneys' fees.
Appears in 1 contract
Legal Expenses. The prevailing party in any legal action or arbitration proceeding brought by one party against the other and arising out of or related to this Agreement shall be entitled, in addition to any other rights and remedies it may have, to reimbursement for its reasonable legal expenses, including but not limited to court costs and arbitration fees and reasonable attorneys' fees.
Appears in 1 contract
Samples: Reseller Agreement
Legal Expenses. The prevailing party in any legal action brought by one party against the this other and arising out of this Agreement shall be entitled, in addition to any other rights and an remedies it may have, to reimbursement for its expensesexpense, including court arbitration costs and reasonable attorneys' ’ fees.
Appears in 1 contract
Legal Expenses. The prevailing party Party in any legal action brought by -------------- one party Party against the other and arising out of this Agreement shall be entitled, in addition to any other rights and remedies it may have, to reimbursement for its expenses, including court costs and reasonable attorneys' fees.
Appears in 1 contract
Samples: Buy Sell Agreement (Newcom Inc)
Legal Expenses. The prevailing party in any legal action brought by one party against the other and arising out of this Agreement shall be entitled, in addition to any other rights and remedies it may have, to reimbursement for its expenses, including court costs and reasonable attorneys' attorney’s fees.
Appears in 1 contract
Legal Expenses. The prevailing party Party in any legal action brought by one party against the other Party (and arising out of this Agreement relating hereto) shall be entitled, in addition to any other rights and remedies it may haveto, to inter alia, reimbursement for its expenses, including court costs and reasonable attorneys' fees’ and expert witness fees and expenses.
Appears in 1 contract
Samples: Joint Venture Agreement (American Sierra Gold Corp.)
Legal Expenses. The prevailing party in any legal action action, --------------- arbitration or other dispute resolution procedure brought by one party against the other and arising out of this Agreement shall be entitled, in addition to any other rights and remedies it may have, to reimbursement for its expenses, including court costs costs, arbitrator's fees and reasonable attorneys' fees.
Appears in 1 contract
Samples: International Distributor Agreement (Top Tier Software Inc)
Legal Expenses. The substantially prevailing party in any arbitration or legal action brought by one party against the other and arising out of under this Agreement shall will be entitled, in addition to any other rights and remedies it may have, to reimbursement for its reasonable costs and expenses, including court costs and reasonable attorneys' feesfees and expenses of attorneys and other professionals.
Appears in 1 contract
Legal Expenses. The prevailing party in any legal action brought by -------------- one party against the other and arising out of this Agreement shall be entitled, in addition to any other rights and remedies available to it may haveat law or in equity, to reimbursement for its expenses, costs and expenses (including court costs and reasonable attorneys' feesfees for attorneys and expert witnesses) incurred with respect to any such action. The term "prevailing party" for the purposes of this Section shall include a defendant has by motion, judgment, verdict or dismissal by the court, successfully defended against any claim that has been asserted against it.
Appears in 1 contract
Samples: Employment Agreement (Interplay Entertainment Corp)
Legal Expenses. The prevailing party in any legal action brought by one party against the other and arising out of this Agreement shall be entitled, in addition to any other rights and remedies it may have, to reimbursement for its expenses, including court costs and reasonable attorneys' feescosts.
Appears in 1 contract
Samples: Tracdat™ Software License Agreement
Legal Expenses. The prevailing party in any legal action brought by one party against the other and arising out of this Agreement agreement shall be entitled, in addition to any other rights and remedies it may have, to reimbursement for its expenses, including court costs and reasonable attorneys' attorney's fees.
Appears in 1 contract
Samples: Agreement (Nur Macroprinters LTD)
Legal Expenses. The prevailing party in any legal action brought by one party against the other and arising out of this Agreement shall be entitled, in addition to any other rights and remedies it that such prevailing party may have, to reimbursement for its expensesof expenses incurred by such prevailing party, including court costs and reasonable attorneys' fees.
Appears in 1 contract
Samples: Distributor Agreement (General Surgical Innovations Inc)
Legal Expenses. The prevailing party in any legal action brought by one party against the other and arising out of this Agreement or subsequent extensions shall be entitled, in addition to any other rights and remedies it may have, to reimbursement for its expenses, including court costs and reasonable attorneys' fees.
Appears in 1 contract
Samples: Us Container
Legal Expenses. The prevailing party in any legal action brought by one -------------- party against the other and arising out of this Agreement shall be entitled, in addition to any other rights and remedies it may have, to reimbursement for its expenses, including court costs and reasonable attorneys' fees.
Appears in 1 contract
Samples: Computer Access Technology Corporation Distributor Agreement (Computer Access Technology Corp)
Legal Expenses. The prevailing party in any legal action brought by one party against the other and arising out of this Research and Development Agreement shall be entitled, in addition to any other rights and an remedies it may have, to reimbursement for its expensesexpense, including court arbitration costs and reasonable attorneys' fees.
Appears in 1 contract
Samples: Research and Development Agreement (Endosonics Corp)
Legal Expenses. The prevailing party in any legal action brought by one party against the other and arising out of this Agreement shall be entitled, in addition to any other rights and remedies it that such prevailing party may have, to reimbursement for its expensesexpenses incurred by such prevailing party, including court costs and reasonable attorneys' attorney fees.
Appears in 1 contract
Legal Expenses. The prevailing party in any legal action brought by one party against the other and arising out of this Agreement shall be entitled, in addition to any other rights and remedies it may have, have to reimbursement for its expenses, including court costs and reasonable attorneys' fees.
Appears in 1 contract
Legal Expenses. The prevailing party in any legal action brought by one party against the other and arising out of this Agreement shall will be entitled, in it addition to any other rights and remedies it may have, to reimbursement for its expenses, including court costs and reasonable attorneys' feesfees and costs.
Appears in 1 contract
Samples: Membership Termination Agreement (Norwester Brewing Co Inc)
Legal Expenses. The prevailing party in any legal action brought by one party against the other and arising out of this Agreement shall be entitled, in addition to any other rights and /7/ remedies it may have, to reimbursement for its expenses, including court costs and reasonable attorneys' fees.
Appears in 1 contract
Samples: Agent's Representation Agreement (Caredecision Corp)
Legal Expenses. The prevailing party in any legal action brought by one party against the other and arising out of this Agreement shall be entitled, in addition to any other rights and remedies it may have, to reimbursement for its expenses, including court costs costs, expert witness fees and reasonable attorneys' attorney's fees.
Appears in 1 contract
Samples: Application Reseller Agreement (Faro Technologies Inc)
Legal Expenses. The prevailing party in any legal action brought by one party against the other and arising out of this Agreement shall be entitled, in addition to along with any other rights and remedies it may have, to reimbursement for its expenses, including court costs and reasonable attorneys' attorney’s fees. Such fees may be set by the court in the trial of such action or may be enforced in a separate action brought for that purpose. Such fees shall be in addition to any other relief that may be awarded.
Appears in 1 contract
Samples: License and Services Agreement (Moko Social Media LTD)
Legal Expenses. The prevailing party in any legal action brought by -------------- one party Party against the other and arising out of this Agreement shall be entitled, in addition to any other rights and remedies it may have, entitled to reimbursement for its expenses, including court costs and reasonable attorneys' fees.
Appears in 1 contract
Legal Expenses. The prevailing party in any legal action brought by one party against the other another and arising out of this Agreement shall be entitled, in addition to any other rights and remedies it may have, to reimbursement for its expenses, including court costs and reasonable attorneys' ’ fees.
Appears in 1 contract
Samples: Investor Rights Agreement (GreenHunter Energy, Inc.)
Legal Expenses. The prevailing party in If any legal action is brought be by one either party -------------- to this Agreement against the other and arising out of this Agreement party regarding the subject matter hereof, the prevailing party shall be entitled, in addition to any other rights and remedies it may have, to reimbursement for its expenses, including court costs and reasonable consultants', experts' and attorneys' fees.
Appears in 1 contract
Legal Expenses. The prevailing party in any legal action brought by one party against the other party and arising out of this Agreement shall be entitled, in addition to any other rights and remedies it may have, to reimbursement for its expenses, including court costs and reasonable attorneys' attorney's fees.
Appears in 1 contract
Legal Expenses. a. The prevailing party in any legal action brought by one party against the other and arising out of this Agreement shall be entitled, in addition to any other rights and remedies it may have, to reimbursement for its expenses, including court costs and reasonable attorneys' ’ fees.
Appears in 1 contract
Samples: www.versadial.com
Legal Expenses. The prevailing party in any legal action brought by one party against the other and arising out of this Agreement shall be entitled, in addition to any other rights and an remedies it may have, to reimbursement for its expensesexpense, including court arbitration costs and reasonable attorneys' fees.
Appears in 1 contract
Legal Expenses. The prevailing party in any legal action brought by one party against the other and arising out of this Agreement shall be entitled, in addition to any other rights and remedies it may have, to reimbursement for its expenses, including court costs and reasonable attorneys' attorney's fees.
Appears in 1 contract
Legal Expenses. The prevailing party in any legal action or arbitration brought by one party against the other and arising out of this Agreement shall be entitled, in addition to any other rights and remedies it may have, to reimbursement for its expenses, including court costs and reasonable attorneys' attorney’s fees.
Appears in 1 contract
Samples: Distribution Agreement (Abiomed Inc)
Legal Expenses. The prevailing party in any legal injunctive action brought by one party against the other and arising out of this Agreement shall will be entitled, in addition to any other rights and remedies it may have, to reimbursement for its expenses, including court costs and reasonable attorneys' feesfees and costs, provided, however, that reimbursement of such attorney's fees and costs will not exceed ten percent (10 %) of the total amount (exclusive of such fees and costs) in dispute.
Appears in 1 contract
Samples: Development and Supply Agreement (Cardiogenesis Corp)
Legal Expenses. The prevailing party in any legal action brought by one party against the other and arising out of this Agreement shall be entitled, in addition to any other rights and remedies it may have, to reimbursement for its expenses, including court costs and reasonable attorneys' fees.any
Appears in 1 contract
Samples: International Distributor Agreement (Orthopedic Biosystems LTD Inc)
