Recovery of Litigation Costs. If any legal action or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default or misrepresentation in connection with any of the provisions of this Agreement, the unsuccessful party shall pay to the successful party its reasonable attorneys’ fees and other costs incurred in that action or proceeding, in addition to any other relief to which the successful party may be entitled.
Appears in 11 contracts
Samples: Software as a Service Agreement, Software License and Master Services Agreement, Service Agreement
Recovery of Litigation Costs. If any legal action or other proceeding is brought for the enforcement of this Agreementagreement, or because of an alleged dispute, breach, default or misrepresentation in connection with any of the provisions of this Agreementagreement, the unsuccessful party shall pay to the successful party its reasonable attorneys’ and experts’ fees and other costs incurred in that action or proceeding, in addition to any other relief to which the successful party may be entitled.
Appears in 8 contracts
Samples: Seamless Fof User Agreement, Mfo User Agreement, SPV User Agreement
Recovery of Litigation Costs. If any legal action or any arbitration or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default or misrepresentation in connection with any of the provisions of this Agreement, the unsuccessful successful or prevailing party or parties shall pay be entitled to the successful party its recover reasonable attorneys’ ' fees and other costs incurred in that action or proceeding, in addition to any other relief to which the successful party it or they may be entitled.
Appears in 8 contracts
Samples: Security Agreement (New Frontier Media Inc /Co/), Asset Purchase Agreement (Patient Infosystems Inc), Agreement for Purchase and Sale of Assets (Net Value Holdings Inc)
Recovery of Litigation Costs. If any legal action or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default or misrepresentation in connection with any of the provisions of this Agreement, the unsuccessful party shall pay to the successful party its reasonable attorneys’ and experts’ fees and other costs incurred in that action or proceeding, in addition to any other relief to which the successful party may be entitled.
Appears in 5 contracts
Samples: Seamless Ria User Agreement, Service Subscription Agreement, Saas Agreement
Recovery of Litigation Costs. If any legal action or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default or misrepresentation in connection with any of the provisions of this Agreement, the unsuccessful party Party shall pay to the successful party Party its reasonable attorneys’ and experts’ fees and other costs incurred in that action or proceeding, in addition to any other relief to which the successful party Party may be entitled.
Appears in 4 contracts
Samples: Formidium User Agreement (July 2022), Formidium User Agreement, Formidium User Agreement (July 2022)
Recovery of Litigation Costs. If any legal action or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default or misrepresentation in connection with any of the provisions of this Agreement, the unsuccessful successful or prevailing party shall pay be entitled to the successful party its recover reasonable attorneys’ attorney's fees and other costs incurred in connection with that action or proceeding, in addition to any other relief to which the successful party it may be entitled.
Appears in 3 contracts
Samples: License Agreement, License Agreement (Terayon Communication Systems), License Agreement (Terayon Communication Systems)
Recovery of Litigation Costs. If any legal action or any arbitration or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default default, or misrepresentation in connection with any of the provisions of this Agreement, the unsuccessful successful or prevailing party shall pay or parties will be entitled to the successful party its recover reasonable attorneys’ attorney fees and other costs incurred in that action or proceeding, in addition to any other relief to which the successful party it or they may be entitled.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (GetFugu, Inc.), Agreement and Plan of Merger (GetFugu, Inc.), Agreement for Purchase and Sale of Stock (American Fire Retardant Corp)
Recovery of Litigation Costs. If Except as otherwise provided elsewhere in this Agreement, if any legal action or any arbitration or other proceeding is brought for the enforcement of this Agreement, Agreement or because by reason of an alleged dispute, breach, default or misrepresentation in connection with any of the provisions of this Agreement, the unsuccessful successful or prevailing party or parties shall pay be entitled to the successful party its recover reasonable attorneys’ fees fees, other professionals’ fees, and other costs incurred in that action or proceeding, in addition to any other relief to which the successful party it or they may be entitled.
Appears in 3 contracts
Samples: Agreement for the Purchase and Sale of Stock (Ever-Glory International Group, Inc.), Agreement for the Purchase and Sale of Stock (Ever-Glory International Group, Inc.), Agreement for the Purchase and Sale of Stock (China North East Petroleum Holdings LTD)
Recovery of Litigation Costs. If any legal action or any arbitration or other proceeding is brought for the enforcement of this Agreement, Agreement or because of an alleged dispute, breach, default or misrepresentation in connection with any of the provisions provision of this Agreement, the unsuccessful prevailing party shall pay be entitled to the successful party its recover reasonable attorneys’ ' fees and other costs incurred in that action or proceeding, in addition to any other relief to which the successful party it may be entitled.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (United Therapeutics Corp), Asset Purchase Agreement (United Therapeutics Corp)
Recovery of Litigation Costs. If any legal action or other proceeding proceedings is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default default, or misrepresentation in connection with any of the provisions of this Agreement, the unsuccessful party successful or prevailing Party or Parties shall pay be entitled to the successful party its recover reasonable attorneys’ ' fees and other costs incurred in that action or proceeding, in addition to any other relief to which the successful party it or they may be entitled.
Appears in 2 contracts
Samples: Agreement and Plan of Merger and Reorganization (Nu Skin Enterprises Inc), Agreement and Plan of Merger and Reorganization (Nu Skin Enterprises Inc)
Recovery of Litigation Costs. If any legal action or any arbitration or other proceeding is so brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default or misrepresentation in connection with any of the provisions of this Agreement, the unsuccessful successful or prevailing party shall pay be entitled to the successful party its recover reasonable attorneys’ ' fees and other costs incurred in that action or proceeding, in addition to any other relief to which the successful party it may be entitled.
Appears in 2 contracts
Samples: Cinemaworks Asset Purchase Agreement (Chequemate International Inc), Cinemaworks Asset Purchase Agreement (Chequemate International Inc)
Recovery of Litigation Costs. If either Party brings an Action to enforce this Agreement or any legal action other Transaction Document or other proceeding is brought for the enforcement of this Agreement, or because on account of an alleged dispute, breach, default or misrepresentation in connection with any of the provisions of this AgreementAgreement or any other Transaction Document, the unsuccessful party successful or prevailing Party shall pay be entitled to the successful party its recover reasonable attorneys’ ' fees and other costs incurred in that action or proceedingAction, in addition to any other relief to which the successful party it may be entitled.
Appears in 2 contracts
Samples: Stock Purchase Agreement (Salona Global Medical Device Corp), Asset Purchase Agreement (Salona Global Medical Device Corp)
Recovery of Litigation Costs. If any legal action or any arbitration or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default default, or misrepresentation in connection with any of the provisions of this Agreement, the unsuccessful party successful or prevailing Party or Parties shall pay be entitled to the successful party its recover reasonable attorneys’ ' fees and other costs incurred in that action or proceeding, in addition to any other relief to which the successful party it or they may be entitled.
Appears in 2 contracts
Samples: Stock Purchase Agreement (Se Global Equities Corp), Agreement for Purchase and Sale (Aremissoft Corp /De/)
Recovery of Litigation Costs. If any legal or equitable action or other proceeding is brought commenced for the enforcement or interpretation of this Agreement, or because of an alleged dispute, breach, default or misrepresentation in connection with regarding any of the provisions of this Agreement, the unsuccessful successful or prevailing party in such action or proceeding shall pay be entitled to the successful party its recover reasonable attorneys’ fees and other all costs incurred in that such action or proceeding, in addition to any other relief to which the successful such party may be entitled.
Appears in 2 contracts
Samples: Voting Agreement (Fan Energy Inc), Definitive Agreement (Camelot Entertainment Group, Inc.)
Recovery of Litigation Costs. If any legal or equitable action or any ----------------------------------- arbitration or other proceeding is brought for the enforcement or interpretation of this Agreement, or because of an alleged dispute, breach, default or misrepresentation in connection with any of the provisions of this Agreement, the unsuccessful successful or prevailing party shall pay be entitled to the successful party its recover reasonable attorneys’ ' fees and other costs incurred in that such action or proceeding, in addition to any other relief to which the successful party it may be entitled.
Appears in 2 contracts
Samples: Stock Redemption Agreement (Zomex Distribution Inc), Stock Redemption Agreement (Thinka Weight Loss Corp)
Recovery of Litigation Costs. If any legal action or any arbitration or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default or misrepresentation in connection with any of the provisions provision of this Agreement, the unsuccessful successful or prevailing party shall pay be entitled to the successful party its recover reasonable attorneys’ fees and other costs incurred in that action or proceeding, in addition to any other relief to which the successful party it may be entitled.
Appears in 2 contracts
Samples: Asset Purchase Agreement (Astris Energi Inc), Asset Purchase Agreement (ACME Global Inc.)
Recovery of Litigation Costs. If any legal action or any arbitration or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default default, or misrepresentation in connection with any of the provisions of this Agreement, the unsuccessful prevailing party shall pay be entitled to the successful party its recover reasonable attorneys’ ' fees and other costs incurred in that action or proceeding, in addition to any other relief to which the successful party it may be entitled.
Appears in 1 contract
Recovery of Litigation Costs. If any legal action or other proceeding is brought for the enforcement of this Agreementagreement, or because of an alleged dispute, breach, default or misrepresentation in connection with any of the provisions of this Agreementagreement, the unsuccessful party shall pay to the successful party its reasonable attorneys’ fees and other costs incurred in that action or proceeding, in addition to any other relief to which the successful party may be entitled.
Appears in 1 contract
Samples: Software License Agreement
Recovery of Litigation Costs. If any legal action action, arbitration, or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default default, or misrepresentation in connection with any of the provisions of this Agreement, the unsuccessful prevailing party shall pay be entitled to the successful party its recover reasonable attorneys’ ' fees and other costs incurred in that action or proceeding, in addition to any other relief to which the successful party it may be entitled.
Appears in 1 contract
Recovery of Litigation Costs. If any legal action or other proceeding is brought for the enforcement of this Agreement, Agreement or because of an alleged dispute, breach, default dispute or misrepresentation in connection with breach of any of the provisions of this Agreement, the unsuccessful prevailing party shall pay be entitled to recover from the successful other party its reasonable attorneys’ ' fees and other costs incurred in that action or proceeding, proceeding in addition to any other relief to which the successful party they may be entitled.
Appears in 1 contract
Samples: Advisory Agreement (Mobile Medic Ambulance Service Inc)
Recovery of Litigation Costs. If any legal action or other proceeding is brought for the enforcement of this Agreement, or for copyright infringement or trade secret misappropriation, or because of an alleged dispute, breach, default or misrepresentation in connection with any of the provisions of this Agreement, the unsuccessful party shall pay to the successful party its reasonable attorneys’ ' fees and other costs incurred in that action or proceeding, in addition to any other relief to which the successful party may be entitled.entitled.
Appears in 1 contract
Samples: Services and License Agreement
Recovery of Litigation Costs. If any legal action or other proceeding is brought for the enforcement of this Agreement, Agreement or because of an alleged dispute, breach, default dispute or misrepresentation in connection with breach of any of the provisions of this Agreement, the unsuccessful prevailing party shall pay be entitled to recover from the successful other party its reasonable attorneys’ fees and other costs incurred in that action or proceeding, proceeding in addition to any other relief to which the successful party they may be entitled.
Appears in 1 contract
Recovery of Litigation Costs. If any legal action or other proceeding is brought for the enforcement of this AgreementAgreement or any provision contained herein, or because of an any alleged dispute, breach, breach ,default or misrepresentation in connection with any of the provisions of this Agreement, the unsuccessful successful or prevailing party shall pay be entitled to the successful party its reasonable attorneys’ fees and other recover all costs incurred in that action or proceedingconnection therewith, including (without limitation) reasonable attorneys' fees, in addition to any other relief to which the successful party it may be entitled.
Appears in 1 contract
Recovery of Litigation Costs. If any legal action or any arbitration or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default or misrepresentation in connection with any of the provisions provision of this Agreement, the unsuccessful party successful or prevailing Party shall pay be entitled to the successful party its recover reasonable attorneys’ fees and other costs incurred in that action or proceeding, in addition to any other relief to which the successful party it may be entitled.
Appears in 1 contract
Samples: Membership Interest Purchase Agreement (Gb Sciences Inc)
Recovery of Litigation Costs. If In the event either Party commences any legal action or other legal proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default default, or misrepresentation in connection with any of the provisions of this Agreement, the unsuccessful party successful or prevailing Party shall pay be entitled to recover from the successful party its other Party reasonable attorneys’ and accountants’ fees and other costs incurred in that action or proceeding, in addition to any other relief to which the successful party it or they may be entitled.
Appears in 1 contract
Recovery of Litigation Costs. If any legal action or other proceeding Proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default default, or misrepresentation in connection with any of the provisions of this Agreement, the unsuccessful successful or prevailing party shall pay or parties will be entitled to the successful party its recover reasonable attorneys’ attorney fees and other costs incurred in that action or proceedingProceeding, in addition to any other relief to which the successful party they may be entitled.. Agreement for Purchase and Sale of Assets
Appears in 1 contract
Recovery of Litigation Costs. If any legal action or any arbitration or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default default, or misrepresentation in connection with any of the provisions of this Agreement, the unsuccessful party successful or prevailing Party shall pay be entitled to the successful party its recover reasonable attorneys’ ' fees and other costs incurred in that action or proceeding, in addition to any other relief to which the successful party such Party may be entitled.
Appears in 1 contract
Samples: Asset Purchase Agreement (Dynatec International Inc)
Recovery of Litigation Costs. If any legal action or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default or misrepresentation in connection with any of the provisions of this Agreement, the unsuccessful party shall pay to the successful party its reasonable attorneys’ ' fees and other costs incurred in that action or proceeding, in addition to any other relief to which the successful party may be entitled.
Appears in 1 contract
Samples: www.alphaofficeonline.com
Recovery of Litigation Costs. If any legal action or other proceeding is brought for the enforcement of this Agreement, agreement or because of an alleged dispute, breach, default or misrepresentation in connection with any of the provisions of this Agreementagreement, the unsuccessful successful or prevailing party shall pay be entitled to the successful party its recover reasonable attorneys’ attorney's fees and other costs incurred in that action or proceeding, proceeding in addition to any other relief to which the successful said party may be entitled.
Appears in 1 contract
Samples: Annuity Agreement for Purchase and Sale (Thacker James F)
Recovery of Litigation Costs. If In the event that any legal action or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default or misrepresentation in connection with any of the provisions of this Agreement, the unsuccessful party Party shall pay to the successful party its Party reasonable attorneys’ attorney’s fees and any other costs relevant cost incurred in that as a result of said action or proceeding, proceeding (in addition to any other relief to which the successful party Party may be entitled).
Appears in 1 contract
Samples: Monitorpoint® User Agreement
Recovery of Litigation Costs. If any legal action nor arbitration or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default default, or misrepresentation in connection with any of the provisions provision of this Agreementagreement, the unsuccessful successful or prevailing party shall pay be entitle to the successful party its recover reasonable attorneys’ attorney fees and other costs cost incurred in that action or proceeding, in addition to any other relief to which the successful party it may be entitled.
Appears in 1 contract
Samples: Collateral Supplement Agreement (Location Based Technologies, Inc.)
Recovery of Litigation Costs. If any legal action or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default or misrepresentation in connection with any of the provisions of this Agreementagreement, the unsuccessful party shall pay to the successful party its reasonable attorneys’ fees and other costs incurred in that action or proceeding, in addition to any other relief to which the successful party may be entitled.
Appears in 1 contract
Recovery of Litigation Costs. If any legal action or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default or misrepresentation in connection with any of the provisions of this Agreement, the unsuccessful successful or prevailing party shall pay be entitled to the successful party its recover reasonable attorneys’ ' fees and other costs incurred in that action or proceeding, in addition to any other relief to which the successful party he or it may be entitled.
Appears in 1 contract
Recovery of Litigation Costs. If any legal action or other proceeding is brought for the enforcement of this Agreement, or because of an any alleged dispute, breach, default or misrepresentation in connection with any of the provisions of this Agreement, the unsuccessful party shall pay to the successful party its reasonable attorneys’ ' fees and other costs incurred in that action or proceeding, in addition to any other relief to which the successful party may be entitled.
Appears in 1 contract
Samples: Service Agreement
Recovery of Litigation Costs. If any legal action or any arbitration or other proceeding is brought for the enforcement of this Agreement, Agreement or because of an alleged dispute, breach, breach of default or misrepresentation in connection with any of the provisions of this Agreement, the unsuccessful successful or prevailing party shall pay be entitled to recover from the successful other party its reasonable attorneys’ attorney fees and other costs incurred in that such action or proceeding, in addition to any other relief to which the successful such party may be entitled.
Appears in 1 contract
Samples: Employment Agreement (Internet Communications Corp)
Recovery of Litigation Costs. If any legal action or other any arbitration or proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default default, or misrepresentation in connection with any of the provisions of this Agreement, the unsuccessful substantially prevailing party shall pay be entitled to recover from the successful other party its all reasonable attorneys’ attorney’s fees and witness fees or other costs incurred in that action or proceeding, in addition to any other relief to which the successful party it may be entitled.
Appears in 1 contract
Samples: Sharing and Consent Agreement (Clay Thomas Moragne)
