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 29 contracts

Sources: Separation Agreement (Aquestive Therapeutics, Inc.), Employment Agreement, Employment Agreement

Prevailing Party. In the event of any litigationclaim, dispute or contest controversy arising from a breach out of this Agreementor relating to these Terms and Conditions, the prevailing party shall be entitled to recover it attorneys’ fees and court costs 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 24 contracts

Sources: Terms and Conditions of Sale, Terms and Conditions of Sale, Terms and Conditions of Sale

Prevailing Party. In the event of If any litigation, dispute legal action or contest arising from other proceedings is brought for a breach of this Agreement, the prevailing party shall be entitled to recover from the non-prevailing party all its reasonable attorneys’ fees and other costs incurred in connection with bringing such litigationaction or proceeding, dispute or contest, including without limitation, reasonable attorneys’ fees, disbursement and costs, and experts’ fees and costsin addition to any other relief to which such party may be entitled.

Appears in 8 contracts

Sources: Advisory Services and Monitoring Agreement (Reliant Software, Inc.), Advisory Services and Monitoring Agreement (Community Choice Financial Inc.), Advisory Services and Monitoring Agreement (Generac Holdings 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 6 contracts

Sources: Securities Purchase Agreement (AAC Holdings, Inc.), Voting Agreement (Integrated Drilling Equipment Holdings Corp), Voting Agreement (Empeiria Acquisition Corp)

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

Sources: Agreement for Disaster Recovery Facility Hosting, Master Services Agreement, Master Services Agreement

Prevailing Party. In the event of any litigation, dispute or contest arising from a breach out of the subject matter of this Agreement, the prevailing party shall be entitled recover, in addition to recover from the non-prevailing party all any other damages assessed, its reasonable attorneys' fees and court costs incurred in connection with arbitrating, litigating, or otherwise settling or resolving such litigation, dispute or contest, including without limitation, reasonable attorneys’ fees, disbursement and costs, and experts’ fees and costsdispute.

Appears in 3 contracts

Sources: Service Agreement, Maintenance Services Agreement, Maintenance 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

Sources: Equity Purchase Agreement (Amedisys Inc), Equity Purchase Agreement (Amedisys Inc), Merger Agreement (Polyone Corp)

Prevailing Party. In the event of any litigationlegal action, dispute arbitration, or contest other proceeding arising from a breach out of or relating to this Agreement, the prevailing party shall be entitled to recover its reasonable attorney’s fees and court costs 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 3 contracts

Sources: Technology License and Commercialization Agreement (GoLogiq, Inc.), Technology License and Commercialization Agreement (Recruiter.com Group, Inc.), Commercial Agreement (BullFrog AI Holdings, 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

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

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

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

Sources: Securities Purchase Agreement (Quadrant 4 Systems Corp)

Prevailing Party. In the event of any litigation, dispute or contest arising from a breach litigation arises out of this Agreement, the prevailing party shall be entitled to recover from the non-prevailing party all reasonable costs incurred in connection with such litigationtherewith including, dispute or contest, including without limitation, reasonable attorneys’ feesfees and all costs of appeal including, disbursement and costswithout limitation, and expertsreasonable attorneys’ fees and costsincurred on appeal. This provision shall survive Closing or termination hereof.

Appears in 1 contract

Sources: Affordable Housing Development and Ground Lease Option Agreement

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

Sources: Stock Purchase Agreement (IHL Investments, LLC)

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

Sources: Stock Purchase Agreement (Global Payments Inc)

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

Appears in 1 contract

Sources: Master Services Agreement (Nuvve Holding Corp.)

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

Sources: Non Disclosure Agreement

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 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 Party 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

Sources: Asset Purchase Agreement (Media Sciences International 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 1 contract

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

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

Sources: Employment Agreement (KLX Energy Services Holdings, 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

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

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

Sources: Settlement Agreement (Cubic Energy Inc)

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

Sources: Separation Agreement (Aquestive Therapeutics, Inc.)

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

Appears in 1 contract

Sources: Fence Encroachment Agreement

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

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