Post Judgment Clause Samples
Post Judgment. In addition to any amount received as attorneys' fees, the prevailing party or parties also shall be entitled to receive from the party or parties held to be liable, an amount equal to the attorneys' fees and costs incurred in enforcing any judgement against such party or parties. This Section is severable from the other provisions of this AGREEMENT and survives any judgment and is not deemed merged into any judgment.
Post Judgment. If an infringement or misappropriation claim is fully litigated and the City’s use of the Contractor Software is enjoined by a court of competent jurisdiction, in addition to paying any adverse final judgment or settlement to which Contractor consents, Contractor will, at Contractor’s option, either:
a. Provide the City the right to continue using the product or service and fully indemnify the City against all claims that may arise out of the City’s use of the product or service;
b. Replace or modify the product or service so that it becomes non-infringing; or
c. Terminate the City’s license and refund the license fees paid for the infringing Contractor Software, as depreciated on a straight-line basis measured over seven (7) years from the Effective Date.
Post Judgment. In addition to any such amount, the party prevailing in any action related to this Agreement also shall be entitled to receive from the party held to be liable, an amount equal to the attorneys' fees and costs incurred in enforcing any judgment against such party. This Section is severable from the other provisions of this Agreement and survives any judgment and is not deemed merged into any judgment.