Prevailing Party. If any legal action or other proceedings is brought for a breach of this Agreement, the prevailing party shall be entitled to recover its reasonable attorneys’ fees and other costs incurred in bringing such action or proceeding, in addition to any other relief to which such party may be entitled.
Appears in 8 contracts
Samples: Advisory Services (Community Choice Financial Inc.), Advisory Services and Monitoring Agreement (Generac Holdings Inc.), Advisory Services (Reliant Software, Inc.)
Prevailing Party. If any In the event that legal action or other proceedings is brought for a breach to enforce or interpret any term of this Agreement, the prevailing party shall will be entitled to recover its reasonable attorneys’ fees and other costs incurred in bringing such action or proceedingrecover, in addition to any other relief to which such party may be entitleddamages or award, all reasonable attorneys’ fees and costs associated with the action.
Appears in 6 contracts
Samples: General Service Agreement, General Service Agreement, General Service Agreement
Prevailing Party. If any legal action or other proceedings is brought for a breach of by, or on behalf of, either party to enforce or interpret this Agreement, the prevailing party shall be entitled to recover its reasonable attorneys’ ' fees and other legal costs incurred in bringing such action or proceeding, in addition to any other relief to which such party may be entitledconnection therewith.
Appears in 6 contracts
Samples: Registration Rights Agreement (Galagen Inc), Subscription Agreement (Galagen Inc), Subscription Agreement (Galagen Inc)
Prevailing Party. If any legal action or other proceedings is brought for a breach of this Agreement, the The prevailing party shall in any action arising out of or relating to this Agreement will be entitled to recover his or its reasonable attorneys’ fees and other costs incurred in bringing such action or proceeding, in addition to any other relief to which such party may be entitledcosts.
Appears in 5 contracts
Samples: Separation Agreement (Tenable Holdings, Inc.), Separation Agreement (Tenable Holdings, Inc.), Employment Agreement (Tenable Holdings, Inc.)
Prevailing Party. If any legal action or other proceedings is brought for a breach of this AgreementAgreement or any of the warranties herein, the prevailing party shall be entitled to recover its reasonable attorneys’ ' fees and other costs incurred in bringing such action or proceeding, in addition to any other relief to which such party may be entitled.
Appears in 5 contracts
Samples: Management Agreement (Refco Information Services, LLC), Management Agreement (Refco Inc.), Management Agreement (American Media Operations Inc)
Prevailing Party. If any litigation, legal action action, arbitration or any other proceedings proceeding is brought for a breach of of, or to otherwise enforce any rights under, this Agreement, the prevailing party shall be entitled to recover recover, and shall be reimbursed by the losing party for, its reasonable attorneys’ fees and all other costs incurred in bringing such action litigation, legal action, arbitration or other proceeding, in addition to any other relief to which such prevailing party may be entitled.
Appears in 4 contracts
Samples: Terms And, f.hubspotusercontent40.net, f.hubspotusercontent40.net
Prevailing Party. If any legal action or other proceedings proceeding is brought for a breach in order to enforce the terms of this Agreement, Agreement or collect monies due hereunder the prevailing party shall be entitled to recover its reasonable attorneys’ ' fees and other costs incurred in bringing such action or proceeding, in addition to any other relief to which such party may be entitled.
Appears in 4 contracts
Samples: License and Supply Agreement (Greenfield Online Inc), Agreement (Greenfield Online Inc), Agreement (Greenfield Online Inc)
Prevailing Party. If any legal action or other proceedings proceeding is brought for a breach in order to enforce the Terms of this AgreementAgreement or collect monies due, the prevailing party shall be entitled to recover its reasonable attorneys’ ' fees and other costs incurred in bringing such action or proceeding, in addition to any other relief to which such party may be entitled.
Appears in 4 contracts
Samples: Partner Agreement (Greenfield Online Inc), Partner Agreement (Greenfield Online Inc), Greenfield Online Inc
Prevailing Party. If any legal action or other proceedings is brought for a breach of this AgreementAgreement or any of the warranties herein, the prevailing party shall be entitled to recover its reasonable attorneys’ fees and other costs incurred in bringing such action or proceeding, in addition to any other relief to which such party may be entitled.. * * * * *
Appears in 4 contracts
Samples: Management Agreement (Hawkeye Holdings, Inc.), Management Agreement (Hawkeye Holdings, Inc.), Management Agreement (Comdata Network, Inc. Of California)
Prevailing Party. If any legal action or other proceedings is brought for a breach of this AgreementAgreement or any of the warranties herein, the prevailing party shall be entitled to recover its reasonable attorneys’ fees and other costs incurred in bringing such action or proceeding, in addition to any other relief to which such party may be entitled.
Appears in 4 contracts
Samples: Management Agreement (AID Restaurant, Inc.), Management Services Agreement (Immunome Inc.), Management Agreement (Lind-Waldock Securities, LLC)
Prevailing Party. If any legal action or other proceedings is brought for a breach of this AgreementAgreement or any of the warranties herein, the prevailing party shall be entitled to recover its reasonable attorneys’ ' fees and other costs incurred in bringing such action or proceeding, in addition to any other relief to which such party may be entitled.. * * * * *
Appears in 3 contracts
Samples: Management Agreement (Fidelity National Financial Inc /De/), Management Agreement (Simmons Co /Ga/), Management Agreement (Fidelity National Financial Inc /De/)
Prevailing Party. If In the event of any legal action action, arbitration, or other proceedings is brought for a breach proceeding arising out of or relating to this Agreement, the prevailing party shall be entitled to recover its reasonable attorneys’ attorney’s fees and other court costs incurred in bringing such action or proceeding, in addition to any other relief to which such party may be entitledfrom the non-prevailing party.
Appears in 3 contracts
Samples: Technology License and Commercialization Agreement (GoLogiq, Inc.), Commercial Agreement (BullFrog AI Holdings, Inc.), Technology License and Commercialization Agreement (Recruiter.com Group, Inc.)
Prevailing Party. If any legal action or other proceedings is brought for a breach of this Agreement, the prevailing party shall be entitled to recover its reasonable attorneys’ ' fees and other costs incurred in bringing such action or proceeding, in addition to any other relief to which such party may be entitled.
Appears in 3 contracts
Samples: Fee Agreement (Sea Coast Foods, Inc.), Management Agreement (Sea Coast Foods, Inc.), Fee Agreement (National Waterworks Inc)
Prevailing Party. If any legal action or other proceedings proceeding is brought for a any breach of this Agreement, the prevailing party shall be entitled to recover its reasonable attorneys’ fees and other costs incurred in bringing such action or proceeding, in addition to any other relief to which such party may be entitled.
Appears in 3 contracts
Samples: License Agreement, License Agreement, Flowcad Software License Agreement
Prevailing Party. If The successful or prevailing party in any legal action or other proceedings is brought for a breach of this Agreement, proceeding related to the prevailing party Agreement shall be entitled to recover all of its reasonable attorneys’ fees fees, court costs and other costs incurred in bringing expenses related to such action or proceeding, in addition to any other relief to which such party may be entitled.
Appears in 3 contracts
Samples: www.hillrom.com, www.hillrom.com, www.hillrom.com
Prevailing Party. If any legal action or other proceedings is brought for a breach of this Agreement, the prevailing party shall be entitled to recover its reasonable attorneys’ fees and other costs incurred in bringing such action or proceeding, in addition to any other relief to which such party may be granted or entitled.
Appears in 2 contracts
Samples: Advisory Services and Monitoring Agreement (Lantheus MI Intermediate, Inc.), Advisory Services and Monitoring Agreement (Armored AutoGroup Inc.)
Prevailing Party. If The successful or prevailing party in any legal action or other proceedings is brought for a breach of this Agreement, proceeding related to the prevailing party Agreement shall be entitled to recover all of its reasonable attorneys’ fees fees, court costs and other costs incurred in bringing expenses related to such action or proceeding, in addition to any other relief to which such party may be entitled.proceeding.
Appears in 2 contracts
Samples: www.hillrom.de, www.hillrom.ca
Prevailing Party. If any In the event that legal action or is taken by either party against the other proceedings is brought for a breach to enforce any provision of this Agreement, the prevailing party from such dispute shall be entitled to recover its reasonable attorneys’ attorney’s fees and other court costs arising from such dispute, together with any fees or costs incurred in bringing determining the amount of fees to be recovered. As used in this section the term “prevailing party” means the party prevailing as to the substantial matters of law at issue in such action or proceeding, in addition to any other relief to which such party may be entitleddispute.
Appears in 2 contracts
Samples: Vendor Services Agreement, Vendor Services Agreement
Prevailing Party. If any legal action or other proceedings proceeding is brought for a any breach of this Agreement, the prevailing party shall be entitled to recover its reasonable attorneys’ legal fees and other costs incurred in bringing such action or proceeding, in addition to any other relief to which such party may be entitled.
Appears in 2 contracts
Samples: Hydrogeosphere Software License Agreement, Hydrogeosphere Software License Agreement
Prevailing Party. If In any legal action or other proceedings is brought for a breach proceeding arising out of or relating to this Agreement, the prevailing party shall be entitled to recover its reasonable attorneys’ attorney's fees and costs from the other costs incurred in bringing such party to the action or proceeding, in addition to any other relief to which such party may be entitled.
Appears in 2 contracts
Samples: Stock Exchange Agreement (Equity One Inc), Asset Purchase Agreement (Nstor Technologies Inc)
Prevailing Party. If any legal action or other proceedings proceeding is brought for a breach of this AgreementAgreement or any of the warranties herein, the prevailing party shall be entitled to recover its reasonable attorneys’ ' fees and other costs incurred in bringing such action or proceeding, in addition to any other relief to which such party may be entitled.
Appears in 2 contracts
Samples: Agreement (Greenfield Online Inc), Marketing Agreement (Asymetrix Learning Systems Inc)
Prevailing Party. If any legal action or other proceedings is brought for a breach of this AgreementLease, the prevailing party Party shall be entitled to recover its reasonable attorneys’ fees and other costs incurred in bringing or defending such action or proceeding, in addition to any other relief to which such party Party may be entitled.
Appears in 2 contracts
Samples: Equipment Lease, Equipment Lease
Prevailing Party. If any legal action or other proceedings is brought for a breach of this AgreementAgreement or any of the warranties herein, the prevailing party shall be entitled to recover its reasonable attorneys’ ' fees and other costs incurred in bringing such action or proceeding, in addition to any other relief to which such party may be entitled.. * * * * * Exhibit 10.19
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Prevailing Party. If any legal action or other proceedings Action is brought for a breach of this Agreement, the prevailing party Party shall be entitled to recover its reasonable attorneys’ attorney’s fees and other costs incurred in bringing such action or proceedingAction, in addition to any other relief to which such party Party may be entitled.
Appears in 1 contract
Samples: Asset Purchase Agreement (Forward Industries, Inc.)
Prevailing Party. If In the event it is necessary to take any legal ---------------- action or other proceedings is brought for a breach to enforce the provisions of this AgreementAgreement or the Note by any party, the party prevailing party in such action shall be entitled to recover its from the other party reasonable attorneys’ attorney's fees and any other costs incurred which shall be fixed by the court as part of the cost assessed to the party liable under this Agreement or the Loan Documents in bringing any such action or proceeding, in addition to any other relief to which such party may be entitledaction.
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Prevailing Party. If In the event that any legal action lawsuit or other proceedings proceeding is brought for a breach to enforce the terms of this Agreement, the prevailing party shall be entitled to recover its against the other party reasonable attorneys’ ' fees and other costs expenses incurred in bringing connection with such action or proceedingaction, in addition to including any other relief to which such party may be entitledappeals.
Appears in 1 contract
Samples: Separation Agreement and General Release (Goodys Family Clothing Inc /Tn)
Prevailing Party. If any it is necessary for either party to initiate legal action or other proceedings is brought for a breach to enforce the terms of this Agreement, the prevailing party in such legal proceedings shall be entitled to recover its from the non-prevailing party, in addition to all other remedies, all costs of such enforcement, including reasonable attorneys’ fees and other costs incurred in bringing such action or proceeding, in addition to any other relief to which such party may be entitledexpenses.
Appears in 1 contract
Samples: Engagement Letter (American Housing Income Trust, Inc.)
Prevailing Party. If Should any legal action or other proceedings is brought for litigation arise as a result of a breach of this Agreement, the prevailing party in any civil action shall be entitled to recover its reasonable attorneys’ attorney’s fees and other costs incurred in bringing such action or proceeding, in addition to any other relief to which such party may be entitledcosts.
Appears in 1 contract
Samples: Marketing Service Agreement
Prevailing Party. If any legal action or other proceedings proceeding is brought for a breach of this AgreementAgreement or any of the warranties herein, the prevailing party Party shall be entitled to recover its reasonable attorneys’ ' fees and other costs incurred in bringing such action or proceeding, in addition to any other relief to which such party Party may be entitled.
Appears in 1 contract
Samples: Master Services Agreement (Endurance International Group Holdings, Inc.)
Prevailing Party. If In the event that any legal Party shall pursue any action against any other Party relating to or other proceedings is brought for a breach arising out of this Agreement, the prevailing party Party shall be entitled to recover its reasonable attorneys’ fees (including, if applicable, reasonable and documented charges for in-house counsel and expert witness fees), court costs and other costs incurred in bringing legal expenses from the losing Party under such action laws as may govern any such dispute. This provision includes any award of injunctive relief or proceeding, in addition to any other relief to which such party may be entitledmonetary damages.
Appears in 1 contract
Prevailing Party. If In the event of any legal action dispute between the Parties relating to this Agreement or the subject matter hereof that results in a suit or other proceedings is brought for a breach of this Agreementlegal proceeding (including any ADR Proceeding), the prevailing party Party (in addition) to all other amounts an relief to which such Party may be entitled) shall be entitled to recover its reasonable attorneys’ ' fees and other costs and expenses incurred in bringing any such action or legal proceeding, in addition to any other relief to which such party may be entitled.
Appears in 1 contract
Samples: Development Collaboration and License Agreement (Alteon Inc /De)
Prevailing Party. If any legal action or other proceedings proceeding is brought for a breach the enforcement of this Agreement, or because of an alleged dispute, breach, default or misrepresentation in connection with any provision of this Agreement, the successful or prevailing party shall be entitled to recover its from the other party the reasonable attorneys’ fees fees, court costs and other costs expenses, incurred in bringing such that action or proceeding, in addition to any other relief to which such party may be entitled.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Florida Bank Group, Inc.)
Prevailing Party. If any legal action action, arbitration, or other proceedings proceeding is brought for a breach of this AgreementAgreement or any of the warranties herein, the prevailing party shall be entitled to recover its reasonable attorneys’ fees and other costs incurred in bringing such action or proceeding, in addition to any other relief to which such party may be entitled.
Appears in 1 contract
Samples: Contractor Services Agreement (Lighting Science Group Corp)
Prevailing Party. If In any legal action or other proceedings is proceeding brought for a breach by Purchaser or Seller in respect of this Agreement, the prevailing party shall be entitled to recover its reasonable attorneys’ fees and other costs incurred in bringing such action or proceeding, in addition to any other relief to which such party may be entitledcosts.
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Prevailing Party. If In the event of any legal action litigation or other proceedings is brought for a breach of arbitration arising from or related to this Agreement, the prevailing party shall be entitled to recover its reasonable attorneys’ legal fees and other costs incurred in bringing of such action or proceeding, in addition to any other relief to which such party may be entitled.
Appears in 1 contract
Samples: Participation Agreement (First Capital Resources Com Inc)
Prevailing Party. If any legal action or other proceedings proceeding is brought for a breach of this AgreementAgreement or any of the representations or warranties herein, the prevailing party shall be entitled to recover its reasonable attorneys’ ' fees and other costs incurred in bringing such action or proceeding, in addition to any other relief to which such party may be entitled.
Appears in 1 contract
Prevailing Party. If any legal action or other proceedings is brought for a breach In the event of litigation arising from this Agreement, the prevailing party shall be entitled to recover its reasonable attorneys’ fees attorney’s fees, other fees, related expenses, and other costs incurred in bringing such action or proceeding, in addition to any other relief to which such party may be entitledcosts.
Appears in 1 contract
Samples: Independent Contractor Agreement
Prevailing Party. If any legal action or other proceedings is brought for a breach of this Agreement, the prevailing party shall be entitled to recover its reasonable attorneys’ ' fees and other costs incurred in bringing such action or proceeding, in addition to any other relief to which such party may be entitled.. * * * * *
Appears in 1 contract
Prevailing Party. If any legal action or other proceedings proceeding relating to this Agreement or the enforcement of any provision of this Agreement is brought for a breach of this Agreementby any party against the other party, the prevailing party in such action or proceeding shall be entitled to recover its all reasonable expenses relating thereto (including reasonable attorneys’ fees and expenses, court costs and expenses incident to arbitration, appellate and post-judgment proceedings) from the other costs incurred in bringing such action or proceedingparty, in addition to any other relief to which such prevailing party may be entitled.
Appears in 1 contract
Prevailing Party. If any legal action or any other proceedings proceeding is brought for a breach the enforcement of this Agreement, or because of an alleged dispute, breach, default or misrepresentation in connection with any of the provisions of this Agreement, the prevailing party or parties entitled to recover costs in any suit, whether or not brought to judgment, and whether or not incurred before or after the filing of suit, shall be entitled to recover its reasonable attorneys’ fees and other costs incurred in bringing such that action or proceeding, in addition to any other relief to which such party it or they may be entitled.
Appears in 1 contract
Prevailing Party. If In any legal action action, suit or other proceedings is brought for a breach proceeding to enforce or interpret any of the provisions of this Agreement, the prevailing party shall be entitled to recover its reasonable attorneys’ fees and other costs expenses incurred in bringing such action or proceeding, in addition to any other relief to which such party may be entitledconnection therewith.
Appears in 1 contract
