Common use of Recovery of Litigation Costs Clause in Contracts

Recovery of Litigation Costs. Except as otherwise expressly provided herein to the contrary, in the event any dispute between the parties to this Agreement shall result in litigation, arbitration or other proceeding, the prevailing party shall be entitled to recover from the losing party all reasonable costs and expenses, including without limitation reasonable attorneys' fees and disbursements, incurred by the prevailing party in connection with such litigation or other proceeding and any appeal thereof. Such costs, expenses, fees and disbursements shall be included in and made a part of the judgment recovered by the prevailing party, if any.

Appears in 10 contracts

Samples: H Registration Rights Agreement (Vie Financial Group Inc), Registration Rights Agreement (Aames Financial Corp/De), Registration Rights Agreement (Optimark Holdings Inc)

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Recovery of Litigation Costs. Except as otherwise expressly provided herein to the contrary, in the event any dispute between the parties to this Agreement shall result in litigation, arbitration or other proceeding, the prevailing party shall be entitled to recover from the losing party all reasonable costs and expenses, including without limitation reasonable attorneys' fees and disbursements, incurred by the prevailing party in connection with such litigation or other proceeding and any appeal thereof. Such costs, expenses, fees and disbursements shall be included in and made a part of the judgment recovered by the prevailing party, if any.

Appears in 3 contracts

Samples: Registration Rights Agreement (Perlegen Sciences Inc), Registration Rights Agreement (Superior Offshore International Inc.), Registration Rights Agreement (Schaefer Holdings, LP)

Recovery of Litigation Costs. Except as otherwise expressly provided ---------------------------- herein to the contrary, in the event any dispute between the parties to this Agreement shall result in litigation, arbitration or other proceeding, the prevailing party shall be entitled to recover from the losing party all reasonable costs and expenses, including without limitation reasonable attorneys' fees and disbursements, incurred by the prevailing party in connection with such litigation or other proceeding and any appeal thereof. Such costs, expenses, fees and disbursements shall be included in and made a part of the judgment recovered by the prevailing party, if any.

Appears in 1 contract

Samples: Registration Rights Agreement (Global Sports Inc)

Recovery of Litigation Costs. Except as otherwise expressly provided herein to the contrary, in In the event any dispute between the parties to this Agreement shall result in litigation, arbitration litigation or other proceeding, the prevailing party shall be entitled to recover collect from the losing non-prevailing party all reasonable costs and expenses, including without limitation reasonable attorneys' fees and disbursements, incurred by the prevailing party in connection with such litigation or other proceeding and any appeal thereof. Such costs, expenses, fees and disbursements shall be included in and made a part of the judgment recovered by the prevailing party, if any. This provision shall survive termination of this Agreement.

Appears in 1 contract

Samples: Agreement of Purchase and Sale (Strategic Hotels & Resorts, Inc)

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Recovery of Litigation Costs. Except as otherwise expressly ---------------------------- provided herein to the contrary, in the event any dispute between the parties to this Agreement shall result in litigation, arbitration or other proceeding, the prevailing party shall be entitled to recover from the losing party all reasonable costs and expenses, including without limitation reasonable attorneys' fees and disbursements, incurred by the prevailing party in connection with such litigation or other proceeding and any appeal thereof. Such costs, expenses, fees and disbursements shall be included in and made a part of the judgment recovered by the prevailing party, if any.

Appears in 1 contract

Samples: Registration Rights Agreement (Global Sports Inc)

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