Common use of Responsibility and Costs Clause in Contracts

Responsibility and Costs. Whether the Transaction is consummated or not, all fees, expenses and out-of-pocket costs, including, without limitation, fees and disbursements of counsel, financial advisors and accountants, incurred by the parties hereto shall be borne solely and entirely by the party that has incurred such costs and expenses, unless the failure to consummate the Transaction constitutes a breach of the terms hereof, in which event the breaching party shall be responsible for all costs of all parties hereto.

Responsibility and Costs. Whether the Transaction Agreement is consummated or notnot and except as otherwise set forth below, all fees, expenses expenses, and out-of-pocket costs, costs including, without limitationbut not limited to, fees and disbursements of counsel, financial advisors and accountantsaccountants and expenses associated with fulfillment of the obligations set forth herein, that are incurred by the parties hereto shall hereto, will be borne solely and entirely by the party that has incurred such costs and expenses, unless the failure to consummate the Transaction Agreement constitutes a breach of the terms hereof, in which event the breaching party shall will be responsible for all costs of all parties related hereto.