Common use of Prevailing Party Costs Clause in Contracts

Prevailing Party Costs. Notwithstanding anything contained in this Agreement to the contrary (except as expressly provided in Section 6.11), if any Party commences an action against another Party to enforce any of the terms, covenants, conditions or provisions of this Agreement, or because of a breach by a Party of its obligations under this Agreement, the prevailing Party in any such action shall be entitled to recover its Losses, including reasonable attorneys' fees, incurred in connection with the prosecution or defense of such action, from the losing Party.

Appears in 3 contracts

Samples: Registration Rights Agreement (Sequoia Systems Inc), Registration Rights Agreement (General Automation Inc), Registration Rights Agreement (Sequoia Systems Inc)

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Prevailing Party Costs. Notwithstanding anything contained herein or in this any Ancillary Agreement to the contrary (except as expressly provided in Section 6.11)contrary, if any Party party commences an action against another Party any other party to enforce any of the terms, covenants, conditions or provisions of this Agreement, Agreement or any Ancillary Agreement or because of a breach by a Party party of its obligations under this Agreement or any Ancillary Agreement, the prevailing Party party in any such action shall be entitled to recover its Losses, including reasonable attorneys' fees, incurred in connection with the prosecution or defense of such action, from the losing Partyparty.

Appears in 2 contracts

Samples: Asset Purchase Agreement (Sterling Chemical Inc), Asset Purchase Agreement (Cytec Industries Inc/De/)

Prevailing Party Costs. Notwithstanding anything contained in this Agreement to the contrary (except Except as expressly otherwise provided in Section 6.11)8.09, if any either Party commences an action against another the other Party to enforce any of the terms, covenants, conditions or provisions of this Agreement, Agreement or because of a breach by a Party of its obligations under this Agreement, the prevailing Party in any such action shall be entitled to recover its Lossescosts and expenses, including reasonable attorneys' fees’ fees and costs of court, incurred in connection with the prosecution or defense of such action, from the losing Party.

Appears in 2 contracts

Samples: Plasticizers Production Agreement (Sterling Chemicals Inc), Plasticizers Production Agreement (Sterling Chemicals Inc)

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Prevailing Party Costs. Notwithstanding anything contained in this Agreement to the contrary (except as expressly provided in Section 6.11), if any If a Party commences an action against another the other Party to enforce any of the terms, covenants, conditions or provisions of this Agreement, or because of a breach by a that Party of its obligations under this Agreement or any documents executed in consummation with the transaction contemplated by this Agreement, the prevailing Party party in any such action shall be entitled to recover from the losing Party its Lossesexpenses, including reasonable attorneys' ’ fees, incurred in connection with the prosecution or defense of such action, from the losing Partyand any appeal thereof.

Appears in 1 contract

Samples: Territory Allocation Agreement

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