Damages; Attorneys Fees. Nothing contained herein shall be construed to prevent the Company or the Executive from seeking and recovering from the other damages sustained by either or both of them as a result of its or his breach of any term or provision of this Agreement. Each party shall bear its own costs and attorneys’ fees.
Damages; Attorneys Fees. If a landlord brings an action to enforce a provision or rule prohibited under subsection 2, a tenant, tenant's household member or guest may recover actual damages sustained by that tenant, tenant's household member or guest and reasonable attorney's fees. [PL 2015, c. 455, §1 (NEW).]
Damages; Attorneys Fees. Nothing contained herein shall be construed to prevent the Company or the Executive from seeking and recovering from the other damages sustained as a result of the other party’s breach of any term or provision of this Agreement to the extent such breach results from, arises out of or is otherwise in connection with the gross negligence or willful misconduct of such party. In the event that either party hereto seeks to collect any damages resulting from, or the injunction of any action constituting, a breach of any of the terms or provisions of this Agreement, then the party found to be at fault shall pay all reasonable costs and attorneys’ fees incurred by the other party in such action and any appeal thereof.
Damages; Attorneys Fees. Nothing contained herein shall be construed to prevent the Company or the Employee from seeking and recovering from the other damages sustained by either or both of them as a result of its or her breach of any term or provision of this Agreement, including without limitation damages to the Company arising before or as a result of the Company’s termination of the Term of Employment for Cause or the Employee’s termination of employment without Good Reason. In the event that either party hereto seeks to collect any damages resulting from, or the injunction of any action constituting, a breach of any of the terms or provisions of this Agreement, then the party found to be at fault shall pay all reasonable costs and attorneys’ fees of the other.
Damages; Attorneys Fees. Nothing contained herein shall be construed to prevent the Company or the Executive from seeking and recovering from the other damages sustained by either or both of them as a result of its or his breach of any term or provision of this Agreement. In the event that either party hereto seeks to collect any damages resulting from, or the injunction of any action constituting, a breach of any of the terms or provisions of this Agreement, then the non-substantially prevailing party shall pay all reasonable costs and attorneys’ fees of the other unless determined otherwise by an arbitrator.
Damages; Attorneys Fees. Nothing contained in this Agreement shall be construed to prevent either of the parties from seeking and recovering from the other party damages sustained by it or him as a result of the other party's breach or violation of any or all of the provisions hereof. If either party shall bring suit against the other party based in whole or in part upon a breach or violation of any provision hereof, then, in any such event, the prevailing party in such suit shall be awarded, and shall be paid by the non-prevailing party, reasonable fees and disbursements of trial and appellate counsel paid, incurred or suffered by the prevailing party in connection with such suit.
Damages; Attorneys Fees. (a) DEALER SHALL BE LIABLE TO POWERPAY® PROGRAM INDEMNIFIED PERSONS FOR ALL DAMAGES UNDER APPLICABLE LAW AND COSTS INCURRED IN ANY COLLECTION ACTION OR OTHER LEGAL PROCEEDING ANY POWERPAY® PROGRAM INDEMNIFIED PERSON MAY BRING AGAINST DEALER (INCLUDING ATTORNEYS’ FEES, COURT COSTS, INTEREST, FILING FEES AND OTHER EXPENSES OF ANY KIND WHATSOEVER). TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL ANY POWERPAY INDEMNIFIED PERSON BE LIABLE TO DEALER OR ANY OTHER PERSON FOR ANY GENERAL, PUNITIVE, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR COVER DAMAGES, INCLUDING LOSS OF PROFIT, LOSS OF PERSONAL PROPERTY, OR ANY OTHER SIMILAR DAMAGE OR LOSS.
Damages; Attorneys Fees. Nothing contained in Exhibit 6.2 shall be construed to prevent the Group, Parent, Administrator or any Group Physician Stockholder or Full-time Physician Employee from seeking and recovering from the other damages sustained by either or all of them as a result of its, his or her breach of any term or provision of Exhibit 6.2, this Agreement, the Stockholder Employment Agreements or the Physician Employee Employment Agreements. Notwithstanding the foregoing, the Group Physician Stockholders, the Full-time Physician Employees and the Group expressly agree that should Administrator be entitled to the Liquidated Damages set forth in Section 6.2(b) above, then neither the Group nor any Group Physician Stockholder or Full-time Physician Employee shall be entitled to use any setoff, claim, award, defense, damage or discharge in any subsequent action or proceeding to reduce the Liquidated Damages below the amount stated.
Damages; Attorneys Fees. Nothing contained herein shall be construed to prevent the Group, Parent, Administrator or the undersigned physician from seeking and recovering from the other damages sustained by either or all of them as a result of its, his or her breach of any term or provision of this Joinder, the Agreement, the Stockholder Employment Agreements or the Physician Employee Employment Agreements. Notwithstanding the foregoing, the undersigned physician and the Group expressly agree that should Administrator be entitled to the Liquidated Damages set forth in Paragraph 4 above, then neither the Group nor the undersigned physician shall not be entitled to use any setoff, claim, award, defense, damage or discharge in any subsequent action or proceeding to reduce the Liquidated Damages below the amount stated.
Damages; Attorneys Fees. Nothing contained herein shall be construed to prevent the Company or the Executive from seeking and recovering from the other damages sustained by either or both of them as a result of its or his breach of any term or provision of this Agreement. In the event that either party hereto seeks to collect any damages resulting from, or the injunction of any action constituting, a breach of any of the terms or provisions of this Agreement, then the party found to be at fault shall pay all reasonable costs and attorneys' fees of the other. The parties hereto irrevocably agree to submit to voluntary mediation for any dispute involving this Agreement or Executive’s services to Company before either institutes suit thereon unless immediate injunctive relief is being sought in order to prevent irreparable harm to the party seeking injunctive relief.
