Recovery of Fees by Prevailing Party. If any legal action, including, without limitation, an action for arbitration or injunctive relief, is brought relating to this Agreement or the breach or alleged breach hereof, the prevailing party in any final judgment or arbitration award, or the non-dismissing party in the event of a voluntary dismissal by the party instituting the action, shall be entitled to the full amount of all reasonable expenses, including all court costs, arbitration fees and actual attorneys’ fees paid or incurred in good faith.
Appears in 8 contracts
Samples: Asset Purchase Agreement (Transmeta Corp), Asset Purchase Agreement (PLC Systems Inc), Agreement and Plan of Merger (Shutterfly Inc)
Recovery of Fees by Prevailing Party. If any legal action, including, without limitation, including an action for arbitration or injunctive relief, is brought relating to this Agreement or the breach or alleged breach hereof, the prevailing party in any final judgment or arbitration award, or the non-dismissing party in the event of a voluntary dismissal by the party instituting the action, shall be entitled to the full amount of all reasonable expenses, including all court costs, arbitration fees and actual attorneys’ fees paid or incurred in good faith.
Appears in 6 contracts
Samples: Agreement and Plan of Merger (iGambit, Inc.), Agreement and Plan of Merger (iGambit, Inc.), Agreement and Plan of Merger (Clinigence Holdings, Inc.)
Recovery of Fees by Prevailing Party. If any legal action, including, without limitation, an action for arbitration or injunctive relief, is brought relating to this Agreement or the breach or alleged breach hereof, the prevailing party Party in any final judgment or arbitration award, or the non-dismissing party Party in the event of a voluntary dismissal by the party Party instituting the action, shall be entitled to the full amount of all reasonable expenses, including all court costs, arbitration fees and actual attorneys’ fees paid or incurred in good faith.
Appears in 2 contracts
Samples: Contribution, Assignment and Assumption Agreement (Pfenex Inc.), Mutual Services Agreement (Oxis International Inc)
Recovery of Fees by Prevailing Party. If any legal action, including, without limitation, an action for arbitration or injunctive equitable relief, is brought by one Party against the other Party relating to this Agreement or the breach or alleged breach hereof, the prevailing party Party in any final judgment or arbitration award, or the non-dismissing party Party in the event of a voluntary dismissal by the party Party instituting the action, shall will be entitled to reimbursement from the other Party for the full amount of all reasonable expenses, including all court costs, arbitration fees and actual reasonable attorneys’ fees paid or incurred in good faith.
Appears in 2 contracts
Samples: Domain Purchase and Development Agreement (LOCAL.COM), Advertising Distribution Agreement (LOCAL.COM)
Recovery of Fees by Prevailing Party. If any legal action, including, including without limitation, an action for arbitration or injunctive relief, is brought relating to this Assignment Agreement or the breach or alleged breach hereof, the prevailing party in any final judgment or arbitration award, or the non-dismissing party in the event of a voluntary dismissal by the party instituting the action, shall be entitled to the full amount of all reasonable expenses, including all court costs, arbitration fees and actual outside attorneys’ fees paid or incurred in good faith.
Appears in 1 contract
Recovery of Fees by Prevailing Party. If any legal action, including, without limitation, an action for arbitration or injunctive relief, is brought relating to this Agreement or the breach or alleged breach hereof, the prevailing party in any final judgment or arbitration award, or the non-dismissing party in the event of a voluntary dismissal by the party instituting the action, shall be entitled to the full amount of all reasonable expenses, including all court costs, arbitration fees and actual attorneys’ fees paid or incurred in good faith.
Appears in 1 contract
Samples: Asset Purchase Agreement (Western Capital Resources, Inc.)
Recovery of Fees by Prevailing Party. If any legal action, including, without limitation, including an action for arbitration or injunctive relief, is brought relating to this Agreement or the breach or alleged breach hereof, the prevailing party in any final judgment or arbitration award, or the non-dismissing party in the event of a voluntary dismissal by the party instituting the action, shall be entitled to the full amount of all reasonable expenses, including all court costs, arbitration fees and actual attorneys’ fees paid or incurred in good faithfaith at pre-trial, trial or appellate level.
Appears in 1 contract
Recovery of Fees by Prevailing Party. If any legal action, including, without limitation, an action for arbitration or injunctive relief, is brought relating to this Agreement or the breach or alleged breach hereof, the prevailing party in any final judgment or arbitration awardparty, or the non-dismissing party in the event of a voluntary dismissal by the party instituting the action, shall be entitled to the full amount of all reasonable expenses, including all court costs, arbitration fees and actual attorneys’ fees paid or incurred in good faith.
Appears in 1 contract
Samples: Asset Purchase Agreement (Cardium Therapeutics, Inc.)
Recovery of Fees by Prevailing Party. If any legal action, including, without limitation, an action for arbitration or injunctive equitable relief, is brought by one Party against the other Party relating to this Agreement or the breach or alleged breach hereof, the prevailing party Party in any final judgment or arbitration award, or the non-dismissing party Party in the event of a voluntary dismissal by the party Party instituting the action, shall will be entitled to reimbursement from the other Party for the full amount of all reasonable expenses, including all court costs, arbitration fees and actual attorneys’ fees paid or incurred in good faith.
Appears in 1 contract
Samples: Local Network Master Services Agreement (LOCAL Corp)
Recovery of Fees by Prevailing Party. If any legal action, including, without limitation, an action for arbitration or injunctive equitable relief, is brought by one party against the other party relating to this Agreement or the breach or alleged breach hereof, the prevailing party in any final judgment or arbitration award, or the non-dismissing party in the event of a voluntary dismissal by the party instituting the action, shall will be entitled to reimbursement from the other party for the full amount of all reasonable expenses, including all court costs, arbitration fees and actual attorneys’ fees paid or incurred in good faith.
Appears in 1 contract
Samples: Asset Purchase and Fulfillment Agreement (LOCAL.COM)
Recovery of Fees by Prevailing Party. If any legal action, including, without limitation, including an action for arbitration or injunctive relief, is brought relating to this Agreement or the breach or alleged breach hereof, the prevailing party in any final judgment or arbitration award, or the non-dismissing party in the event of a voluntary dismissal by the party instituting the action, shall be entitled to the full amount of all reasonable expenses, including all court costs, arbitration fees and actual attorneys’ fees paid or incurred in good faith.. 1
Appears in 1 contract
Samples: Intellectual Property License Agreement (Clinigence Holdings, Inc.)
