Common use of Prevailing Party Clause in Contracts

Prevailing Party. In the event of any litigation, dispute or contest arising from a breach of this Agreement, the prevailing party shall be entitled to recover from the non-prevailing party all reasonable costs incurred in connection with such litigation, dispute or contest, including without limitation, reasonable attorneys’ fees, disbursement and costs, and experts’ fees and costs.

Appears in 27 contracts

Samples: Employment Agreement (B/E Aerospace Inc), Employment Agreement (KLX Inc.), Employment Agreement (KLX Inc.)

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Prevailing Party. In the event of a dispute between any litigation, dispute or contest arising from a breach of the parties with respect to obligations under this Agreement, the prevailing party shall in any action or proceeding in any court or arbitration in connection therewith will be entitled to recover from the non-prevailing such other party all reasonable its costs incurred in connection with such litigationand expenses, dispute or contestincluding, including without limitation, reasonable attorneys’ fees, disbursement and costs, and experts’ legal fees and associated court costs.

Appears in 6 contracts

Samples: Agreement and Plan of Merger (Acacia Research Corp), Voting Agreement (Empeiria Acquisition Corp), Securities Purchase Agreement (AAC Holdings, Inc.)

Prevailing Party. In the event of any litigation, a dispute or contest arising from a breach of this or related to the Agreement, the substantially prevailing party shall be entitled to recover from the non-prevailing party recovery of all reasonable costs incurred in connection with such litigationincurred, dispute or contestincluding, including without limitation, reasonable attorneys’ fees, disbursement and court costs, and expertsattorneys’ fees and costsother related costs and expenses.

Appears in 4 contracts

Samples: Master Services Agreement, Master Services Agreement, Master Services Agreement

Prevailing Party. In the event of a dispute between any litigation, dispute or contest arising from a breach of the parties with respect to obligations under this Agreement, the prevailing party shall in any action or proceeding in any court or arbitration in connection therewith will be entitled to recover from the non-prevailing such other party all reasonable its costs incurred in connection with such litigation, dispute or contestand expenses, including without limitation, reasonable attorneys’ fees, disbursement and costs, and experts’ legal fees and associated court costs.

Appears in 3 contracts

Samples: Agreement and Plan of Merger (Polyone Corp), Equity Purchase Agreement (Amedisys Inc), Equity Purchase Agreement (Amedisys Inc)

Prevailing Party. In the event of any litigation, dispute or contest arising from a breach of litigation between the Parties with respect to this Agreement, the prevailing party Party in any final and non-appealable judgment resulting from such litigation shall be entitled to recover from the nonsuch other Party its reasonable and documented out-prevailing party all reasonable of-pocket costs and expenses incurred in connection with such litigationAction, dispute or contestincluding, including without limitation, reasonable attorneys’ fees, disbursement and costs, and experts’ documented out-of-pocket legal fees and associated court costs.

Appears in 2 contracts

Samples: Asset Purchase Agreement (Extreme Networks Inc), Asset Purchase Agreement (Rentech, Inc.)

Prevailing Party. In the event of a dispute between any litigation, dispute or contest arising from a breach of the parties hereto with respect to obligations under this Agreement, the prevailing party in any action or proceeding in any court or arbitration in connection therewith shall be entitled to recover from the non-prevailing such other party all reasonable its costs incurred in connection with such litigation, dispute or contestand expenses, including without limitation, reasonable attorneys’ fees, disbursement and costs, and experts’ legal fees and associated court costs.

Appears in 2 contracts

Samples: Stock Purchase Agreement (Pinnacle Foods Finance LLC), Membership Purchase Agreement (Agfeed Industries, Inc)

Prevailing Party. In the event of any litigation, dispute or contest arising from a breach of this AgreementDispute, the prevailing party in any Action in connection therewith shall be entitled to recover from the non-prevailing such other party all reasonable its costs and expenses incurred in connection with such litigationAction, dispute or contestincluding, including without limitation, reasonable attorneys’ fees, disbursement and costs, and experts’ legal fees and associated costs.

Appears in 2 contracts

Samples: Membership Interest Purchase Agreement (Premier, Inc.), Asset Purchase Agreement (Premier, Inc.)

Prevailing Party. In the event The prevailing party in any arbitration, litigation or other proceeding arising out of any litigation, dispute or contest arising from a breach of relating to this Agreement, or the prevailing party subject matter, enforceability or breach thereof, shall be entitled to recover from the non-prevailing party all its costs and reasonable costs incurred in connection with such litigation, dispute or contest, including without limitation, reasonable attorneys’ attorney’s fees, disbursement and costs, and experts’ fees and costsas determined by the arbitrator(s) or court.

Appears in 2 contracts

Samples: License and Product Supply Agreement (Schiff Nutrition International, Inc.), License and Product Supply Agreement (Schiff Nutrition International, Inc.)

Prevailing Party. In the event of any litigationlitigation arising from any claim, controversy, dispute or contest cause of action based upon, arising from a breach out of or relating to this Agreement, the prevailing party shall be entitled to recover from the non-prevailing party all reasonable costs incurred including court costs, attorneys fees, and all other related expenses incurred in connection with such litigationclaim, controversy, dispute or contest, including without limitation, reasonable attorneys’ fees, disbursement and costs, and experts’ fees and costscause of action.

Appears in 2 contracts

Samples: Registration Rights Agreement (GreenSky, Inc.), Registration Rights Agreement (GreenSky, Inc.)

Prevailing Party. In Except as otherwise required by applicable law or as expressly provided in this Agreement, in the event of any litigation, dispute or contest arising from a breach of including appeals, with regard to this Agreement, the prevailing party shall be entitled to recover from the non-prevailing party all reasonable costs incurred in connection with such litigation, dispute or contest, including without limitation, reasonable attorneys’ fees, disbursement and costs, and experts’ fees expenses of counsel (at pre-trail, trial and costsappellate levels).

Appears in 2 contracts

Samples: Investment and Stockholders' Agreement (Sheridan Healthcare Inc), Investment and Stockholders' Agreement (Sheridan Healthcare Inc)

Prevailing Party. In the event of any litigationdispute which results in a suit or other legal proceeding to construe or enforce any provision of this Agreement or because of an alleged breach, dispute default or contest arising from a breach misrepresentation in connection with any of the provisions of this Agreement, the parties agree that the prevailing party shall or parties (in addition to all other amounts and relief to which such party or parties may be entitled to recover) may recover from the non-prevailing party all or parties reasonable attorneys' fees and other costs incurred in connection with such litigation, dispute any action or contest, including without limitation, reasonable attorneys’ fees, disbursement and costs, and experts’ fees and costsproceeding.

Appears in 1 contract

Samples: Asset Purchase Agreement and Assignment and Assumption Agreement (Edge Technology Group Inc)

Prevailing Party. In the event of any litigation, a dispute or contest arising from a breach of between the parties hereto with respect to this Agreement, the prevailing party in any action or proceeding in any court or arbitration in connection therewith shall be entitled to recover from the nonother party its out-prevailing party all reasonable of-pocket costs and expenses incurred in connection with such litigation, dispute action or contestproceeding, including without limitation, reasonable attorneys’ fees, disbursement and costs, and experts’ legal fees and associated court costs.. * * * *

Appears in 1 contract

Samples: Stock Purchase Agreement (Global Payments Inc)

Prevailing Party. In the event of any litigation, dispute litigation or contest ---------------- arbitration between the parties arising from a breach of this Agreement, the prevailing party shall be entitled to recover from the non-prevailing party all recover, in (Intentionally left blank) addition to any other relief granted or awarded, its reasonable attorney's fees, costs and expenses incurred in connection with such litigation, dispute or contest, including without limitation, reasonable attorneys’ fees, disbursement and costs, and experts’ fees and coststhe preceding.

Appears in 1 contract

Samples: Manufacture and Supply Agreement (Icu Medical Inc/De)

Prevailing Party. In the event of a dispute between any litigation, dispute or contest arising from a breach of the Parties hereto with respect to obligations under this Agreement, the prevailing party in any action or proceeding in connection therewith shall be entitled to recover from the non-prevailing such other party all reasonable its costs and expenses incurred in connection with such litigationaction or proceeding, dispute or contestincluding, including without limitation, reasonable attorneys’ fees, disbursement and costs, and experts’ legal fees and associated costs.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Keyw Holding Corp)

Prevailing Party. In the event The prevailing party in any arbitration, litigation or other proceeding arising out of any litigation, dispute or contest arising from a breach of relating to this Agreement, or the prevailing party subject matter, enforceability or breach thereof, shall be entitled to recover from the non-prevailing party all its costs and reasonable costs incurred in connection with such litigation, dispute or contest, including without limitation, reasonable attorneys’ attorney's fees, disbursement and costs, and experts’ fees and costsas determined by the arbitrator(s) or court.

Appears in 1 contract

Samples: License, Manufacture, and Distribution Agreement (Scolr Inc)

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Prevailing Party. In the event of any litigation, dispute or contest arising from a breach of or default by any party under this Agreement, the prevailing party in any action or proceeding in any court of competent jurisdiction in connection therewith shall be entitled to recover from the such non-prevailing party all reasonable its costs incurred in connection with such litigation, dispute or contestand expenses, including without limitation, reasonable attorneys’ fees, disbursement and costs, and experts’ legal fees and expenses and associated court costs.

Appears in 1 contract

Samples: License Agreement (Media Sciences International Inc)

Prevailing Party. In the event of any litigation, dispute that results in a proceeding to construe or contest enforce any provision of this Agreement or that results in a proceeding arising from a out of any alleged breach of this Agreement, the prevailing party shall be entitled to Party may recover from the non-prevailing party all reasonable costs incurred in connection with such litigation, dispute or contest, including without limitation, reasonable attorneys’ fees, disbursement and costs, and experts’ fees and costsother costs incurred (in addition to all other amounts and relief to which such party may be entitled to recover).

Appears in 1 contract

Samples: Settlement Agreement and Mutual Release (Cubic Energy Inc)

Prevailing Party. In the event of a dispute between any litigation, dispute or contest arising from a breach of the parties with respect to obligations under this Agreement, the prevailing party shall in any action or Proceeding in any court or arbitration in connection therewith will be entitled to recover from the non-prevailing such other party all reasonable its costs incurred in connection with such litigationand expenses, dispute or contestincluding, including without limitation, reasonable attorneys’ fees, disbursement and costs, and experts’ legal fees and associated court costs.

Appears in 1 contract

Samples: Membership Interest Purchase Agreement (Allscripts Healthcare Solutions, Inc.)

Prevailing Party. In the event of any litigation, a dispute or contest arising from a breach of this Agreementhereunder, the prevailing party in such dispute shall be entitled to recover from the non-prevailing party party, all reasonable costs and expenses incurred in connection with such litigation, dispute or contestdispute, including without limitation, reasonable attorneys’ fees, disbursement and costs, and experts’ fees and costscosts incurred before and at trial or any other proceedings.

Appears in 1 contract

Samples: Stock Purchase Agreement (IHL Investments, LLC)

Prevailing Party. In the event of any litigationaction, dispute suit, arbitration or contest arising from a breach of other proceeding in connection with this Agreement, the prevailing party shall be entitled to recover from the non-prevailing party all reasonable of its costs incurred in connection with such litigationand expenses, dispute or contestincluding, including without limitation, reasonable attorneys’ fees, disbursement and costs, and experts’ ' fees and costsexpenses, incurred by such prevailing party.

Appears in 1 contract

Samples: Asset Purchase and Sale Agreement (Harvey Entertainment Co)

Prevailing Party. In the event of a dispute between any litigation, dispute or contest arising from a breach of the parties hereto with respect to obligations under this Agreement, the prevailing party in any action or proceeding in any court or arbitration in connection therewith shall be entitled to recover from the non-prevailing such other party all reasonable its costs incurred in connection with such litigationand expenses, dispute or contestincluding, including without limitation, reasonable attorneys’ fees, disbursement and costs, and experts’ legal fees and associated court costs.

Appears in 1 contract

Samples: Securities Purchase Agreement (Quadrant 4 Systems Corp)

Prevailing Party. In the event of any litigation, dispute or contest arising from a breach of this Agreement, the prevailing party shall be entitled to recover from the non-prevailing party all reasonable costs incurred in connection with such litigation, dispute or contest, including without limitation, reasonable attorneys' fees, disbursement and costs, and experts' fees and costs.

Appears in 1 contract

Samples: Employment Agreement (KLX Energy Services Holdings, Inc.)

Prevailing Party. In the event of any litigationa legal action resulting from an actual, dispute attempted or contest arising from a breach threatened disclosure or violation of this Agreement, the prevailing party shall should be entitled to recover recover, pursuant to the final ruling of a court of competent jurisdiction, its reasonable attorneys’ fees, costs and expenses from the non-prevailing party all reasonable costs incurred in connection with such litigation, dispute or contest, including without limitation, reasonable attorneys’ fees, disbursement and costs, and experts’ fees and costsparty.

Appears in 1 contract

Samples: my.hfflp.com

Prevailing Party. In the event of any litigation, dispute or contest arising from a breach of this Agreement, the prevailing party party, as finally determined by a court of competent jurisdiction, shall be entitled to recover from the non-prevailing party all reasonable costs incurred in connection with such litigation, dispute or contest, including without limitation, reasonable attorneys’ fees, disbursement and costs, and experts’ fees and costs.

Appears in 1 contract

Samples: Separation Agreement (Aquestive Therapeutics, Inc.)

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