Common use of Recovery of Attorney’s Fees Clause in Contracts

Recovery of Attorney’s Fees. In the event of any litigation arising from or relating to this Agreement, the prevailing party in such litigation proceedings shall be entitled to recover, from the non-prevailing party, the prevailing party’s reasonable costs and attorney’s fees, in addition to all other legal or equitable remedies to which it may otherwise be entitled.

Appears in 30 contracts

Samples: Supply and Commercialization Agreement (VIASPACE Green Energy Inc.), Employment Agreement (Mdi, Inc.), Employment Agreement (Roughneck Supplies Inc.)

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Recovery of Attorney’s Fees. In the event of any litigation arising from or relating to this Agreement, the prevailing party in such litigation proceedings shall be entitled to recover, from the non-prevailing party, the prevailing party’s 's reasonable costs and attorney’s 's fees, in addition to all other legal or equitable remedies to which it may otherwise be entitled.

Appears in 16 contracts

Samples: Employment Agreement (Roughneck Supplies Inc.), Employment Agreement (Collexis Holdings, Inc.), Employment Agreement (Collexis Holdings, Inc.)

Recovery of Attorney’s Fees. In the event of any litigation arising from or between the parties relating to this Voting Agreement, the prevailing party in such litigation proceedings shall be entitled to recover, recover its reasonable attorney's fees and costs (including court costs) from the non-prevailing party, provided that if both parties prevail in part, the prevailing party’s reasonable attorney's fees and costs shall be awarded by the court in such a manner as it deems equitable to reflect the relative amounts and attorney’s fees, in addition to all other legal or equitable remedies to which it may otherwise be entitledmerits of the parties' claims.

Appears in 14 contracts

Samples: Voting Agreement (Granite City Food & Brewery LTD), Voting Agreement (Plato Learning Inc), Voting Agreement (Wasatch Interactive Learning Corp)

Recovery of Attorney’s Fees. In the event of any litigation arising from or between the parties relating to this Agreement, the prevailing party in such litigation proceedings shall be entitled to recover, recover its reasonable attorney's fees and costs (including court costs) from the non-prevailing party, provided that if both parties prevail in part, the prevailing party’s reasonable attorney's fees and costs shall be awarded by the court in such manner as it deems equitable to reflect the relative amounts and attorney’s fees, in addition to all other legal or equitable remedies to which it may otherwise be entitled.merits of the parties' claims. * * *

Appears in 13 contracts

Samples: Voting Agreement (Centerpoint Advisors Inc), Voting Agreement (Centerpoint Advisors Inc), Voting Agreement (Centerpoint Advisors Inc)

Recovery of Attorney’s Fees. In the event of any litigation arising from or between the parties relating to this Agreement, the prevailing party in such litigation proceedings shall be entitled to recover, recover its reasonable attorneys' fees and costs (including court costs) from the non-prevailing party, provided that if both parties prevail in part, the prevailing party’s reasonable attorneys' fees and costs shall be awarded by the court in such manner as it deems equitable to reflect the relative amounts and attorney’s fees, in addition to all other legal or equitable remedies to which it may otherwise be entitledmerits of the parties' claims.

Appears in 10 contracts

Samples: Stockholder Agreement (Fargo Electronics Inc), Stockholder Agreement (Fargo Electronics Inc), Stockholder Agreement (Fargo Electronics Inc)

Recovery of Attorney’s Fees. In the event of any litigation arising from or between the Parties relating to this Agreement, the prevailing party in such litigation proceedings shall be entitled to recover, recover its reasonable attorney's fees and costs (including court costs) from the non-prevailing party, provided that if both Parties prevail in part, the prevailing party’s reasonable attorney's fees and costs shall be awarded by the court in such manner as it deems equitable to reflect the relative amounts and attorney’s fees, in addition to all other legal or equitable remedies to which it may otherwise be entitledmerits of the Parties' claims.

Appears in 7 contracts

Samples: Agreement and Plan of Merger (Eshare Communications Inc), Agreement and Plan of Merger (Divine Inc), Agreement and Plan of Merger (Divine Inc)

Recovery of Attorney’s Fees. In the event of any litigation or arbitration arising from or relating to this Agreement, the prevailing party in such litigation or arbitration proceedings shall be entitled to recover, from the non-prevailing party, the prevailing party’s 's reasonable costs and attorney’s 's fees, in addition to all other legal or equitable remedies to which it may otherwise be entitled.

Appears in 6 contracts

Samples: Employment Agreement (Standard Management Corp), Employment Agreement (Standard Management Corp), Employment Agreement (Standard Management Corp)

Recovery of Attorney’s Fees. In the event of any litigation arising from or between the parties relating to this Stockholder Agreement, the prevailing party in such litigation proceedings shall be entitled to recover, recover its reasonable attorney's fees and costs (including court costs) from the non-prevailing party, provided that if both parties prevail in part, the prevailing party’s reasonable attorney's fees and costs shall be awarded by the court in such a manner as it deems equitable to reflect the relative amounts and attorney’s fees, in addition to all other legal or equitable remedies to which it may otherwise be entitledmerits of the parties' claims.

Appears in 5 contracts

Samples: Stockholder Agreement (Leapnet Inc), Stockholder Agreement (SPR Inc), Stockholder Agreement (SPR Inc)

Recovery of Attorney’s Fees. In the event of any litigation --------------------------- arising from or relating to this Agreementagreement, the prevailing party in such litigation proceedings shall be entitled to recover, from the non-prevailing party, the prevailing party’s reasonable 's costs and reasonable attorney’s 's fees, in addition to all other legal or equitable remedies to which it may otherwise be entitled.

Appears in 4 contracts

Samples: Release and Waiver (DTM Corp /Tx/), Confidentiality Agreement (DTM Corp /Tx/), Confidentiality Agreement (DTM Corp /Tx/)

Recovery of Attorney’s Fees. In the event of any litigation arising from or between the parties relating to this Agreement, the prevailing party in such litigation proceedings shall be entitled to recover, recover its reasonable attorneys’ fees and costs (including court costs) from the non-prevailing party, provided that if both parties prevail in part, the prevailing party’s reasonable attorneys’ fees and costs shall be awarded by the court in such manner as it deems equitable to reflect the relative amounts and attorney’s fees, in addition to all other legal or equitable remedies to which it may otherwise be entitledmerits of the parties’ claims.

Appears in 3 contracts

Samples: Shareholder Agreement (American Medical Systems Holdings Inc), Shareholder Agreement (American Medical Systems Holdings Inc), Shareholder Agreement (Laserscope)

Recovery of Attorney’s Fees. In If either party brings an action against the event other to enforce any condition or covenant of any litigation arising from or relating to this Noncompetition Agreement, the prevailing party in such litigation proceedings action shall be entitled to recover, from the non-prevailing party, the prevailing party’s reasonable recover its court costs and attorney’s fees, reasonable attorneys' fees in addition to all other legal or equitable remedies to which it may otherwise be entitledthe judgment rendered through such action.

Appears in 3 contracts

Samples: , and Nonsolicitation Agreement (Childrens Comprehensive Services Inc), , and Nonsolicitation Agreement (Childrens Comprehensive Services Inc), , and Nonsolicitation Agreement (Childrens Comprehensive Services Inc)

Recovery of Attorney’s Fees. In the event of any litigation arising from or between the parties hereto relating to this AgreementAgreement or the Transaction Documents, the prevailing party in such litigation proceedings shall be entitled to recover, recover its attorney’s fees and costs (including court costs) from the non-prevailing party; provided, that if both parties prevail in part, the prevailing party’s reasonable costs and attorney’s fees, fees and costs shall be awarded by the court in addition such manner as it deems equitable to all other legal or equitable remedies to which it may otherwise be entitledreflect the relative amounts and merits of the parties’ claims.

Appears in 3 contracts

Samples: Asset Purchase Agreement (Diamond Resorts Corp), Transaction Agreement (Diamond Resorts Corp), Stock Purchase Agreement (Ebix Inc)

Recovery of Attorney’s Fees. In the event of any litigation arising from or relating to this Confidentiality Agreement, the prevailing party in such litigation proceedings shall be entitled to recover, from the non-prevailing party, the prevailing party’s reasonable costs and reasonable attorney’s fees, in addition to all other legal or equitable remedies to which it may otherwise be entitled.

Appears in 3 contracts

Samples: And Inventions Assignment Agreement (Glori Energy Inc.), Non Compete Agreement (Glori Energy Inc.), Compete Agreement (Glori Energy Inc.)

Recovery of Attorney’s Fees. In the event of any litigation arising from or between the parties relating to this Agreement, the prevailing party in such litigation proceedings shall be entitled to recover, recover its reasonable attorney's fees and costs (including court costs) from the non-prevailing party, provided that if both parties prevail in part, the prevailing party’s reasonable attorney's fees and costs shall be awarded by the court in such manner as it deems equitable to reflect the relative amounts and attorney’s fees, in addition to all other legal or equitable remedies to which it may otherwise be entitledmerits of the parties' claims.

Appears in 2 contracts

Samples: Agreement and Plan of Merger and Reorganization (Rowecom Inc), Agreement and Plan of Merger and Reorganization (Divine Inc)

Recovery of Attorney’s Fees. In the event of any litigation arising from or between the Parties relating to this Agreement, the prevailing party in such litigation proceedings Party shall be entitled to recover, recover its reasonable attorney’s fees and costs (including court costs) from the non-prevailing partyParty, provided that if both Parties prevail in part, the prevailing party’s reasonable costs and attorney’s fees, fees and costs shall be awarded by the court in addition such manner as it deems equitable to all other legal or equitable remedies to which it may otherwise be entitledreflect the relative amounts and merits of the Parties’ claims.

Appears in 2 contracts

Samples: Stockholder Agreement (Unify Corp), Stockholder Agreement (Axs One Inc)

Recovery of Attorney’s Fees. In the event of any litigation arising from or between the Parties hereto relating to this AgreementAgreement or the Transaction Documents, the prevailing party in such litigation proceedings shall be entitled to recover, recover its reasonable attorneys’ fees and costs (including court costs) from the non-prevailing party; provided, that if both parties prevail in part, the prevailing party’s reasonable attorneys’ fees and costs shall be awarded by the court in such manner as it deems equitable to reflect the relative amounts and attorney’s fees, in addition to all other legal or equitable remedies to which it may otherwise be entitledmerits of the parties’ claims.

Appears in 2 contracts

Samples: Stock Purchase Agreement (Ebix Inc), Agreement and Plan of Merger (Ebix Inc)

Recovery of Attorney’s Fees. In the event of any litigation arising from or between the --------------------------- parties relating to this Agreement, the prevailing party in such litigation proceedings shall be entitled to recover, recover its reasonable attorney's fees and costs (including court costs) from the non-prevailing party, provided that if both parties prevail in part, the prevailing party’s reasonable attorney's fees and costs shall be awarded by the court in such manner as it deems equitable to reflect the relative amounts and attorney’s fees, in addition to all other legal or equitable remedies to which it may otherwise be entitledmerits of the parties' claims.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Usweb Corp), Agreement and Plan of Merger (Usweb Corp)

Recovery of Attorney’s Fees. In the event of any litigation arising from or between the parties relating to this Agreement, the prevailing party in such litigation proceedings shall be entitled to recover, recover its reasonable attorney’s fees and costs (including court costs) from the non-prevailing party, provided that if both parties prevail in part, the prevailing party’s reasonable costs and attorney’s fees, fees and costs shall be awarded by the court in addition such manner as it deems equitable to all other legal or equitable remedies to which it may otherwise be entitledreflect the relative amounts and merits of the parties’ claims.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Marwich Ii LTD), Agreement and Plan of Merger (Marwich Ii LTD)

Recovery of Attorney’s Fees. In the event of any litigation arising from or relating to this Agreement, the prevailing party in such litigation proceedings shall be entitled to recover, from the non-prevailing party, the prevailing party’s reasonable costs and reasonable attorney’s fees, in addition to all other legal or equitable remedies to which it may otherwise be entitled.

Appears in 2 contracts

Samples: Employment Agreement (Newgistics, Inc), Employment Agreement (Newgistics, Inc)

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Recovery of Attorney’s Fees. In the event of any litigation arising from or between the parties relating to this Voting Agreement, the prevailing party in such litigation proceedings shall be entitled to recover, recover its reasonable attorney’s fees and costs (including court costs) from the non-prevailing party, provided that if both parties prevail in part, the prevailing party’s reasonable costs and attorney’s fees, fees and costs shall be awarded by the court in addition such a manner as it deems equitable to all other legal or equitable remedies to which it may otherwise be entitledreflect the relative amounts and merits of the parties’ claims.

Appears in 1 contract

Samples: Voting Agreement (Granite City Food & Brewery LTD)

Recovery of Attorney’s Fees. In the event of any litigation arising from or relating to this Agreement, the prevailing party in such litigation proceedings shall be entitled to recover, from the non-prevailing party, the prevailing party’s reasonable costs and reasonable attorney’s fees, in addition to all other legal or equitable remedies to which it may otherwise be entitled.

Appears in 1 contract

Samples: Severance Agreement (Masergy Communications Inc)

Recovery of Attorney’s Fees. In If either party brings an action against the event other to enforce any condition or covenant of any litigation arising from or relating to this Agreement, the prevailing party in such litigation proceedings action shall be entitled to recover, from the non-prevailing party, the prevailing party’s reasonable recover its court costs and attorney’s fees, reasonable attorneys' fees in addition to all other legal or equitable remedies to which it may otherwise be entitledthe judgment rendered through such action.

Appears in 1 contract

Samples: Res Care Inc /Ky/

Recovery of Attorney’s Fees. In the event of any litigation arising from or --------------------------- between the Parties relating to this Agreement, the prevailing party in such litigation proceedings shall be entitled to recover, recover its reasonable attorney's fees and costs (including court costs) from the non-prevailing nonprevailing party, provided that if both Parties prevail in part, the prevailing party’s reasonable attorney's fees and costs shall be awarded by the court in such manner as it deems equitable to reflect the relative amounts and attorney’s fees, in addition to all other legal or equitable remedies to which it may otherwise be entitledmerits of the Parties' claims.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Data Return Corp)

Recovery of Attorney’s Fees. In the event of any litigation arising from or between the parties hereto relating to this AgreementAgreement or the Transaction Documents, the prevailing party in such litigation proceedings shall be entitled to recover, recover its reasonable attorney’s fees and costs (including court costs) from the non-prevailing party; provided, that if both parties prevail in part, the prevailing party’s reasonable costs and attorney’s fees, fees and costs shall be awarded by the court in addition such manner as it deems equitable to all other legal or equitable remedies to which it may otherwise be entitledreflect the relative amounts and merits of the parties’ claims.

Appears in 1 contract

Samples: Asset Purchase Agreement (Ebix Inc)

Recovery of Attorney’s Fees. In the event of any --------------------------- arbitration proceedings brought under Section 7.10 of this Agreement, or any ------------ litigation arising from or relating to this Agreement, the prevailing party in such arbitration or litigation proceedings shall be entitled to recover, from the non-prevailing party, the prevailing party’s reasonable 's costs and reasonable attorney’s 's fees, in addition to all other legal or equitable remedies to which it may otherwise be entitled.

Appears in 1 contract

Samples: Employment Agreement (Naviant Inc)

Recovery of Attorney’s Fees. In the event suit is brought to enforce of interpret any litigation arising from or relating to part of this Agreement, the prevailing party in such litigation proceedings shall be entitled to recover, from as an element of his costs of suit and not as damages, a reasonable attorneys’ fee to be fixed by the non-court. The “prevailing party” shall be the party who is entitled to recover his costs of suit, whether or not the prevailing party’s reasonable costs and attorney’s fees, in addition suit proceeds to all other legal or equitable remedies to which it may otherwise be entitledfinal judgment.

Appears in 1 contract

Samples: Partnership Agreement (LYON EAST GARRISON Co I, LLC)

Recovery of Attorney’s Fees. In the event of any litigation arising from or relating to enforce rights and obligations under this Agreement, the prevailing party in such litigation proceedings shall be entitled to recover, from the non-prevailing party, the prevailing party’s reasonable costs and attorney’s fees, in addition to all other legal or equitable remedies to which it may otherwise be entitled.

Appears in 1 contract

Samples: Employment Agreement (Wilson Holdings, Inc.)

Recovery of Attorney’s Fees. In the event of any litigation arising from or between the parties relating to this Voting Agreement, the prevailing party in such litigation proceedings shall be entitled to recover, recover its reasonable attorney’s fees and costs (including court costs) from the non-prevailing party, provided that if both parties prevail in part, the prevailing party’s reasonable costs and attorney’s fees, fees and costs shall be awarded by the court in addition such a manner as it deems equitable to all other legal or equitable remedies to which it may otherwise be entitled.reflect the relative amounts and merits of the parties’ claims. [signature page follows]

Appears in 1 contract

Samples: Voting Agreement (Granite City Food & Brewery LTD)

Recovery of Attorney’s Fees. In hi the event of any litigation arising from or relating to this Agreement, the prevailing party in such litigation proceedings shall be entitled to recover, from the non-prevailing party, the prevailing party’s reasonable costs and reasonable attorney’s fees, in addition to all other legal or equitable remedies to which it may otherwise be entitled.

Appears in 1 contract

Samples: Employment Agreement (Newgistics, Inc)

Recovery of Attorney’s Fees. In the event of any litigation arising from or between the Parties hereto relating to this AgreementAgreement or the Transaction Documents, the prevailing party in such litigation proceedings shall be entitled to recover, recover its attorney’s fees and costs (including court costs) from the non-prevailing party; provided, that if both parties prevail in part, the prevailing party’s reasonable costs and attorney’s fees, fees and costs shall be awarded by the court in addition such manner as it deems equitable to all other legal or equitable remedies to which it may otherwise be entitledreflect the relative amounts and merits of the Parties’ claims.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Ebix Inc)

Recovery of Attorney’s Fees. In the event of any litigation arising from or between the parties hereto relating to this AgreementAgreement or the transactions contemplated hereby, the prevailing party in such litigation proceedings shall be entitled to recover, recover its attorney's fees and costs (including court costs) from the non-prevailing party; provided, that if both parties prevail in part, the prevailing party’s reasonable attorney's fees and costs shall be awarded by the court in such manner as it deems equitable to reflect the relative amounts and attorney’s fees, in addition to all other legal or equitable remedies to which it may otherwise be entitledmerits of the parties' claims.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Lecroy Corp)

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