Prevailing Party. If any litigation or other court action, arbitration or similar adjudicatory proceeding is commenced by any Party to enforce its rights under this Agreement against any other Party, all fees, costs and expenses, including, without limitation, reasonable attorneys fees and court costs, incurred by the prevailing Party in such litigation, action, arbitration or proceeding shall be reimbursed by the losing Party; provided, that if a Party to such litigation, action, arbitration or proceeding prevails in part, and loses in part, the court, arbitrator or other adjudicator presiding over such litigation, action, arbitration or proceeding shall award a reimbursement of the fees, costs and expenses incurred by such Party on an equitable basis.
Appears in 11 contracts
Sources: Asset Purchase Agreement, Purchase and Sale Agreement (Chesapeake Lodging Trust), Purchase and Sale Agreement (Chesapeake Lodging Trust)
Prevailing Party. If any litigation or other court action, arbitration or similar adjudicatory proceeding is commenced by any Party to enforce its rights under this Agreement against any other Party, all fees, costs and expenses, including, without limitation, reasonable attorneys attorneys’ fees and court costs, incurred by the prevailing Party in such litigation, action, arbitration or proceeding shall be reimbursed by the losing Party; provided, that if a Party to such litigation, action, arbitration or proceeding prevails in part, and loses in part, the court, arbitrator or other adjudicator presiding over such litigation, action, arbitration or proceeding shall award a reimbursement of the fees, costs and expenses incurred by such Party on an equitable basis.
Appears in 5 contracts
Sources: Purchase and Sale Agreement, Purchase and Sale Agreement (Lincoln Educational Services Corp), Purchase and Sale Agreement (Lincoln Educational Services Corp)
Prevailing Party. If any litigation or other court action, arbitration or similar adjudicatory proceeding is commenced by any Party party hereto to enforce its rights under this Agreement against any other Partyparty, all fees, costs and expenses, including, without limitation, reasonable attorneys fees and court costs, incurred by the prevailing Party party in such litigation, action, arbitration or proceeding shall be reimbursed by the losing Partyparty; provided, that if a Party party to such litigation, action, arbitration or proceeding prevails in part, and loses in part, the court, arbitrator or other adjudicator presiding over such litigation, action, arbitration or proceeding shall award a reimbursement of the fees, costs and expenses incurred by such Party party on an equitable basis.
Appears in 3 contracts
Sources: Merger Agreement (Bankrate, Inc.), Stock Purchase Agreement (Devry Inc), Stock Purchase Agreement (Intelius Inc)
Prevailing Party. If any litigation or litigation, other court action, arbitration or similar adjudicatory proceeding is commenced by any Party to enforce its rights under this Agreement against any other Party, all fees, costs and expenses, including, without limitation, reasonable attorneys attorneys’ fees and court costs, incurred by the prevailing Party in such litigation, action, arbitration arbitration, or proceeding shall be reimbursed by the losing Party; provided, that if a Party to such litigation, action, arbitration litigation or proceeding action prevails in part, and loses in part, the court, arbitrator court or other adjudicator presiding over such litigation, action, arbitration litigation or proceeding action shall award a reimbursement of the fees, costs and expenses incurred by such Party on an equitable basisthe substantially prevailing Party.
Appears in 3 contracts
Sources: Asset Purchase Agreement (Sprague Resources LP), Stock Purchase Agreement, Stock Purchase Agreement (Global Partners Lp)
Prevailing Party. If any litigation or other court action, arbitration or similar adjudicatory proceeding is commenced by any Party to enforce its rights under this Agreement against any other Party, all fees, costs and expenses, including, without limitation, including reasonable attorneys attorneys’ fees and court costs, incurred by the prevailing Party in such litigation, action, arbitration or proceeding shall be reimbursed by the losing Party; provided, that if a Party to such litigation, action, arbitration or proceeding prevails in part, and loses in part, the court, arbitrator or other adjudicator presiding over such litigation, action, arbitration or proceeding shall award a reimbursement of the fees, costs and expenses incurred by such Party on an equitable basis.
Appears in 3 contracts
Sources: Purchase and Sale Agreement (Lightstone Value Plus Real Estate Investment Trust V, Inc.), Purchase and Sale Agreement (Lasalle Hotel Properties), Purchase and Sale Agreement (Ashford Hospitality Trust Inc)
Prevailing Party. If any litigation or other court action, arbitration or similar adjudicatory proceeding is commenced by any Party party to enforce its rights under this Agreement against any other Partyparty, all fees, costs and expenses, including, without limitation, including reasonable attorneys fees and court costs, incurred by the prevailing Party party in such litigation, action, arbitration or proceeding shall will be reimbursed by the losing Party; provided, that if party. If a Party party to such litigation, action, arbitration or proceeding prevails in part, and loses in part, the court, arbitrator or other adjudicator presiding over such litigation, action, arbitration or proceeding shall will award a reimbursement of the fees, costs and expenses incurred by such Party party on an equitable basis.
Appears in 2 contracts
Sources: Asset Purchase Agreement, Asset Purchase Agreement (Avon Products Inc)
Prevailing Party. If any litigation or other court action, arbitration or similar adjudicatory proceeding action is commenced by any Party party hereto to enforce its rights under this Agreement against any other Partyparty, all fees, costs and expenses, including, without limitation, reasonable attorneys attorneys’ fees and court costs, incurred by the prevailing Party party in such litigation, action, arbitration arbitration, or proceeding shall be reimbursed by the losing Partyparty; provided, that if a Party party to such litigation, action, arbitration litigation or proceeding action prevails in part, and loses in part, the court, arbitrator court or other adjudicator presiding over such litigation, action, arbitration litigation or proceeding action shall award a reimbursement of the fees, costs and expenses incurred by such Party party on an equitable basis.
Appears in 2 contracts
Sources: Contribution Agreement, Contribution Agreement (Regency Energy Partners LP)
Prevailing Party. If any litigation or other court action, arbitration or similar adjudicatory proceeding is commenced by any Party party hereto to enforce its rights under this Agreement against any other Partyparty, all fees, costs and expenses, including, without limitation, reasonable attorneys attorneys’ fees and court costs, incurred by the prevailing Party party in such litigation, action, arbitration or proceeding shall be reimbursed by the losing Partyparty; provided, that if a Party party to such litigation, action, arbitration or proceeding prevails in part, and loses in part, the court, arbitrator or other adjudicator presiding over such litigation, action, arbitration or proceeding shall award a reimbursement of the fees, costs and expenses incurred by such Party party on an equitable basis.
Appears in 2 contracts
Sources: Purchase Agreement (Atlantic Tele Network Inc /De), Purchase Agreement (National Rural Utilities Cooperative Finance Corp /Dc/)
Prevailing Party. If any litigation or other court action, arbitration or similar adjudicatory proceeding is commenced by any Party party hereto to enforce its rights under this Agreement against any other Partyparty, all fees, costs and expenses, including, without limitation, including reasonable attorneys fees and court costs, incurred by the prevailing Party party in such litigation, action, arbitration or proceeding shall be reimbursed by the losing Partyparty; provided, that if a Party party to such litigation, action, arbitration or proceeding prevails in part, and loses in part, the court, arbitrator or other adjudicator presiding over such litigation, action, arbitration or proceeding shall award a reimbursement of the fees, costs and expenses incurred by such Party party on an equitable basis.
Appears in 2 contracts
Sources: Equity Interest Purchase Agreement (Just Energy Group Inc.), Stock Purchase Agreement (Sensata Technologies B.V.)
Prevailing Party. If any litigation or other court action, arbitration or similar adjudicatory proceeding is commenced by any Party to enforce its rights under this Agreement against any other Party, all fees, costs and expenses, including, without limitation, including reasonable attorneys and actual attorney’s fees and court costs, incurred by the prevailing Party in such litigation, action, arbitration or proceeding shall be reimbursed by the losing Party; provided, that if a Party to such litigation, action, arbitration or proceeding prevails in part, and loses in part, the court, arbitrator or other adjudicator presiding over such litigation, action, arbitration or proceeding shall award a reimbursement of the fees, costs and expenses incurred by such Party on an equitable basis.
Appears in 1 contract
Sources: Purchase and Sale Agreement (Apple Hospitality REIT, Inc.)
Prevailing Party. If any litigation or other court action, arbitration or similar adjudicatory proceeding is commenced by any Party party hereto to enforce its rights under this Agreement against any other Partyparty, all fees, costs and expenses, including, without limitation, including reasonable attorneys fees and court costs, incurred by the prevailing Party party in such litigation, action, arbitration or proceeding shall be reimbursed by the losing Partyparty; provided, provided that if a Party party to such litigation, action, arbitration or proceeding prevails in part, and loses in part, the court, arbitrator or other adjudicator presiding over such litigation, action, arbitration or proceeding shall award a reimbursement of the fees, costs and expenses incurred by such Party party on an equitable basis.
Appears in 1 contract
Prevailing Party. If any litigation or other court action, arbitration or similar adjudicatory proceeding is commenced by any Party party to enforce its rights under this Agreement against any other Partyparty, all fees, costs and expenses, including, without limitation, reasonable attorneys attorney's fees and court costs, incurred by the prevailing Party party in such litigation, action, arbitration or proceeding shall be reimbursed by the losing Partyparty; provided, that if a Party party to such litigation, action, arbitration or proceeding prevails in part, and loses in part, the court, arbitrator or other adjudicator presiding over such litigation, action, arbitration or proceeding shall award a reimbursement of the fees, costs and expenses incurred by such Party party on an equitable basis.
Appears in 1 contract
Sources: Api Services Terms & Conditions
Prevailing Party. If any litigation or other court action, arbitration or similar adjudicatory proceeding is commenced by any Party party to enforce its rights under this Agreement against any other Partyparty, all fees, costs and expenses, including, without limitation, reasonable attorneys fees and court costs, incurred by the prevailing Party party in such litigation, action, arbitration or proceeding shall be reimbursed by the losing Partyparty; provided, however, that if a Party party to such litigation, action, arbitration or proceeding prevails in part, and loses in part, the court, arbitrator or other adjudicator presiding over such litigation, action, arbitration or proceeding shall award a reimbursement of the fees, costs and expenses incurred by such Party party on an equitable basis.
Appears in 1 contract
Sources: Purchase and Sale Agreement (United Artists Theatre Circuit Inc /Md/)
Prevailing Party. If any litigation or other court action, arbitration or similar adjudicatory proceeding is commenced by any Party party hereto to enforce its rights under this Agreement against any other Partyparty, all fees, costs and expenses, including, without limitation, including reasonable attorneys attorneys’ fees and court costs, incurred by the prevailing Party party in such litigation, action, arbitration or proceeding shall be reimbursed by the losing Partyparty; provided, that if a Party party to such litigation, action, arbitration or proceeding prevails in part, and loses in part, the court, arbitrator or other adjudicator presiding over such litigation, action, arbitration or proceeding shall award a reimbursement of the fees, costs and expenses incurred by such Party party on an equitable basis.
Appears in 1 contract
Prevailing Party. If any litigation or other court action, arbitration or similar adjudicatory proceeding is commenced by any Party party to enforce its rights under this Agreement against any other Partyparty, all fees, costs and expenses, including, without limitation, reasonable attorneys attorney’s fees and court costs, incurred by the prevailing Party party in such litigation, action, arbitration or proceeding shall be reimbursed by the losing Partyparty; provided, that if a Party party to such litigation, action, arbitration or proceeding prevails in part, and loses in part, the court, arbitrator or other adjudicator presiding over such litigation, action, arbitration or proceeding shall award a reimbursement of the fees, costs and expenses incurred by such Party party on an equitable basis.
Appears in 1 contract
Prevailing Party. If any litigation or other court action, arbitration arbitration, or similar adjudicatory proceeding is commenced by any Party to enforce its rights under this Agreement Amendment against any other Party, all fees, costs costs, and expenses, including, without limitation, reasonable attorneys attorneys’ fees and court costs, incurred by the prevailing Party party in such litigation, action, arbitration arbitration, or proceeding shall will be reimbursed by the losing Partyparty; provided, that if if, a Party to such litigation, action, arbitration arbitration, or proceeding prevails in part, and loses in part, then the court, arbitrator arbitrator, or other adjudicator presiding over such litigation, action, arbitration arbitration, or proceeding shall will award a reimbursement of the fees, costs and expenses incurred by such Party on an equitable basis.
Appears in 1 contract
Sources: Redemption Agreement (Direct Digital Holdings, Inc.)
Prevailing Party. If any litigation or litigation, other court action, arbitration proceeding, or similar adjudicatory proceeding other dispute is commenced by any Party to enforce its rights under this Agreement against any other Party, all fees, costs and expenses, including, without limitation, reasonable attorneys attorneys’ fees and court costs, incurred by the prevailing Party in such litigation, action, arbitration arbitration, proceeding, or proceeding dispute shall be reimbursed by the losing Party; provided, provided that if a Party to any such litigation, action, arbitration litigation or proceeding action prevails in part, and loses in part, the court, arbitrator court or other adjudicator presiding over such litigation, action, arbitration litigation or proceeding action shall award a reimbursement of the fees, costs and expenses incurred by such Party on an equitable basisthe substantially prevailing Party.
Appears in 1 contract
Sources: Asset Purchase Agreement (Travelcenters of America LLC)
Prevailing Party. If In the event any litigation or other court action, arbitration or similar adjudicatory proceeding (a “Proceeding”) is commenced or threatened by any Party party hereto to enforce its rights under this Agreement against any other Partyparty, if a prevailing party is determined in such Proceeding, all fees, costs and expenses, including, without limitation, reasonable attorneys attorneys’ fees and court costs, incurred by the such prevailing Party party in such litigation, action, arbitration or proceeding Proceeding shall be reimbursed by the losing Partynon-prevailing party; provided, that if a Party to such litigation, action, arbitration or proceeding party prevails in part, and loses in part, in such Proceeding, the court, arbitrator or other adjudicator presiding over such litigation, action, arbitration or proceeding Proceeding shall award a reimbursement of the fees, costs and expenses incurred by such Party the parties on an equitable basis.
Appears in 1 contract
Sources: Acquisition Agreement (Acadia Healthcare Company, Inc.)
Prevailing Party. If any litigation or other court action, arbitration or similar adjudicatory proceeding is commenced by any Party to enforce its rights under this Agreement against any other Party, all fees, costs and expenses, including, without limitation, including reasonable attorneys fees and court costs, incurred by the prevailing Party in such litigation, action, arbitration or proceeding shall be reimbursed by the losing Party; provided, that if a Party to such litigation, action, arbitration or proceeding prevails in part, and loses in part, the court, arbitrator or other adjudicator presiding over such litigation, action, arbitration or proceeding shall award a reimbursement of the fees, costs and expenses incurred by such Party on an equitable basis.
Appears in 1 contract
Sources: Purchase and Sale Agreement (Westin Hotels LTD Partnership)
Prevailing Party. If any litigation or other court action, arbitration or similar adjudicatory proceeding is commenced by any Party to enforce its rights under this Agreement against any other Party, all fees, costs and expenses, including, without limitation, reasonable attorneys fees and court costs, incurred by the prevailing Party in such litigation, action, arbitration or proceeding shall be reimbursed by the losing Party; provided, however, that if a Party to such litigation, action, arbitration or proceeding prevails in part, and loses in part, the court, arbitrator or other adjudicator presiding over such litigation, action, arbitration or proceeding shall award a reimbursement of the fees, costs and expenses incurred by such Party on an equitable basis.
Appears in 1 contract
Sources: Purchase and Sale Agreement (United Artists Theatre Circuit Inc /Md/)
Prevailing Party. If any litigation or other court action, arbitration action or similar adjudicatory proceeding is commenced by any Party party to enforce its rights under this Agreement against any other Partyparty, all fees, costs and expenses, including, without limitation, including reasonable attorneys attorneys’ fees and court costs, incurred by the prevailing Party party in such litigation, action, arbitration action or proceeding shall be reimbursed by the losing Partyparty; provided, that if a Party party to such litigation, action, arbitration action or proceeding prevails in part, and loses in part, the court, arbitrator court or other adjudicator presiding over such litigation, action, arbitration action or proceeding shall award a reimbursement of the fees, costs and expenses incurred by such Party party on an equitable basis.
Appears in 1 contract
Prevailing Party. If any litigation or litigation, other court action, arbitration proceeding, or similar adjudicatory proceeding other dispute is commenced by any Party to enforce its rights under this Agreement against any other Party, all fees, costs and expenses, including, without limitation, reasonable attorneys attorneys’ fees and court costs, incurred by the prevailing Party in such litigation, action, arbitration arbitration, proceeding, or proceeding dispute shall be reimbursed by the losing Party; provided, that if a Party to any such litigation, action, arbitration litigation or proceeding action prevails in part, and loses in part, the court, arbitrator court or other adjudicator presiding over such litigation, action, arbitration litigation or proceeding action shall award a reimbursement of the fees, costs and expenses incurred by such Party on an equitable basisthe substantially prevailing Party.
Appears in 1 contract
Sources: Asset Purchase Agreement (Par Pacific Holdings, Inc.)
Prevailing Party. If any litigation or other court action, arbitration or similar adjudicatory proceeding is commenced by any Party to enforce its rights under this Agreement against any other Party, all fees, costs and expenses, including, without limitation, reasonable attorneys attorney's fees and court costs, incurred by the prevailing Party in such litigation, action, arbitration or proceeding shall be reimbursed by the losing Party; provided, that if a Party to such litigation, action, arbitration or proceeding prevails in part, and loses in part, the court, arbitrator or other adjudicator presiding over such litigation, action, arbitration or proceeding shall award a reimbursement of the fees, costs and expenses incurred by such Party on an equitable basis.
Appears in 1 contract
Prevailing Party. If any litigation or other court action, arbitration or similar adjudicatory proceeding is commenced by any Party to enforce its rights under this Agreement against any other Party, all fees, costs and expenses, includingincluding reasonable attorneys' fees, without limitation, reasonable attorneys fees court costs and court costsother expenses, incurred by the prevailing Party in such litigation, action, arbitration or proceeding shall be reimbursed by the losing Party; provided, that if a Party to such litigation, action, arbitration or proceeding prevails in part, and loses in part, the court, arbitrator or other adjudicator presiding over such litigation, action, arbitration or proceeding shall award a reimbursement of the fees, costs and expenses incurred by such Party on an equitable basis.
Appears in 1 contract
Sources: Consulting Services Agreement