Litigation; Prevailing Party. If, notwithstanding the provisions of Section 6.3 regarding arbitration hereunder, any litigation is instituted with regard to this Agreement, the prevailing party shall be entitled to receive from the non-prevailing party and the non-prevailing party shall pay all reasonable fees and expenses of counsel for the prevailing party.
Appears in 4 contracts
Samples: Stock Purchase Agreement (Digital Angel Corp), Stock Purchase Agreement (Digital Angel Corp), Stock Purchase Agreement (Applied Digital Solutions Inc)
Litigation; Prevailing Party. If, notwithstanding the ---------------------------- provisions of Section 6.3 regarding arbitration hereunder, any litigation is instituted with regard to this Agreement, the prevailing party shall be entitled to receive from the non-prevailing party and the non-prevailing party shall pay all reasonable fees and expenses of counsel for the prevailing party.
Appears in 3 contracts
Samples: Stock Purchase Agreement (Applied Digital Solutions Inc), Stock Purchase Agreement (Applied Digital Solutions Inc), Stock Purchase Agreement (Applied Digital Solutions Inc)
Litigation; Prevailing Party. If, notwithstanding the provisions of Section 6.3 regarding arbitration hereunder§6(f) of this Agreement, any litigation is instituted with regard to this Agreement, the prevailing party Party which prevails substantially on the merits, or whose position substantially prevails in any settlement, shall be entitled to receive from the non-prevailing party Party and the non-prevailing party Party shall pay all reasonable fees and expenses of counsel for the prevailing partyParty.
Appears in 1 contract
Samples: Stock Purchase Agreement (Able Telcom Holding Corp)
