PREVAILING PARTY – ATTORNEY FEES. Notwithstanding any term or condition in this Contract to the contrary, in the event litigation is commenced to enforce any term or condition of this Contract, the prevailing party shall be entitled to costs and expenses of litigation including a reasonable attorney fee.
PREVAILING PARTY – ATTORNEY FEES. If either Seller or Purchaser files suit to enforce the obligations of the other party under this Agreement, the prevailing party shall be entitled to recover the reasonable fees and expenses of its attorneys.
PREVAILING PARTY – ATTORNEY FEES. Notwithstanding any term or condition in this Contract to the contrary, in the event arbitration, mediation or litigation is commenced to enforce any term or condition of this Contract, the prevailing party shall be entitled to costs and expenses of the dispute resolution including a reasonable attorney fee.
PREVAILING PARTY – ATTORNEY FEES. If any legal action or other proceeding is brought under this Lease, in addition to any other relief to which the successful or prevailing party is entitled, the prevailing party is entitled to recover, and the non-prevailing party shall pay, all (1) reasonable attorney fees of the prevailing party, (2) court costs, and (3) expenses, even if not recoverable by law as court costs (including, without limitation, all fees, taxes, costs, and expenses incident to appellate, bankruptcy, and post-judgment proceedings), incurred in that action or proceeding and all appellate proceedings. For purposes of this section, the term “attorney fees” includes, without limitation, paralegal fees, investigative fees, expert witness fees, administrative costs, disbursements, and all other charges billed by the attorney to the prevailing party.
PREVAILING PARTY – ATTORNEY FEES. In any litigation, arbitration or other proceeding by which one party either seeks to enforce its rights under this Agreement (whether in contract, tort or both) or seeks a declaration of rights or obligations under this Agreement, the prevailing party shall be awarded its reasonable attorney fees and reasonable expenses incurred.
PREVAILING PARTY – ATTORNEY FEES. If a party to this Agreement shall bring any action, suit, counterclaim or appeal against the other party declaratory or otherwise, to enforce the terms hereof or to declare rights hereunder (an “Action”), the non-prevailing party in such Action shall pay to the prevailing party in such Action a reasonable sum for the prevailing party’s attorney’s fees and expenses incurred in prosecuting or defending such Action and/or enforcing any judgment, order, ruling or award (a “Decision”), granted therein, all of which shall be deemed to have accrued from commencement of such Action. Any Decision entered into in such Action shall contain a specific provision providing for the recovery of attorneys’ fees and expenses incurred in obtaining and enforcing such Decision. The court may fix the amount of reasonable attorney’s fees and expenses upon the request of any party. For purposes of this Section 14.19, attorneys’ fees shall 22043518.5 -28- include, without limitation, fees incurred in connection with (i) post judgment motions and collection actions, (ii) contempt proceedings, (iii) garnishment, levy and debtor and third party examination, (iv) discovery, and (v) bankruptcy litigation. The terms of this Section 14.19 shall survive Closing or any earlier termination of this Agreement. 14.20
PREVAILING PARTY – ATTORNEY FEES. If Xxxx, Xxxx Tech, Xxxxxxxx or Xxxx (a “Party”) brings any claim or action for breach of, or to enforce the terms of, this Agreement, the prevailing Party in said action shall be entitled to recover its costs and attorneys’ fees incurred in the prosecution or defense of said claim or action, in addition to any other relief to which said Party may be entitled.
PREVAILING PARTY – ATTORNEY FEES. If any party hereto commences any action against any other party hereto with respect to the enforcement or interpretation of the Agreement, the prevailing party in such action shall be entitled to an award of its costs of suit, including reasonable attorney fees.
PREVAILING PARTY – ATTORNEY FEES. If either Landlord or Tenant shall bring an action or proceeding in any court of competent jurisdiction to enforce its rights or the other party’s obligations under this Lease (including any proceeding brought by Landlord with respect to the collection of Rent), then the prevailing party in such action or proceeding shall be entitled to be reimbursed by the non-prevailing party for all reasonable attorneys’ fees and disbursements incurred by the prevailing party in connection with such action or proceeding. If neither party shall prevail in such action or proceeding, or if both parties shall prevail in part in such action or proceeding, then such court shall determine whether, and the extent to which, one party shall reimburse the other party for all or any portion of the reasonable attorneys’ fees and disbursements incurred by such other party in connection with such action or proceeding. Any reimbursement required under this Section 14.15 shall be made within fifteen (15) days after written demand therefor (which demand shall be accompanied by reasonably satisfactory evidence that the amounts for which reimbursement is sought have been paid).
PREVAILING PARTY – ATTORNEY FEES. In the event that a Party is the prevailing party in any proceeding in equity or at law between such Party and another Party in respect of this Agreement, the prevailing Party (as determined by the final, non-appealable judgment or order of a court of competent jurisdiction) shall be entitled to recover from such other Party all reasonable out-of-pocket fees, costs and expenses (including reasonable fees and disbursements of counsel) incurred in connection with such proceeding and any appeals therefrom.
