Common use of Attorneys’ Fees and Cost of Collection Clause in Contracts

Attorneys’ Fees and Cost of Collection. In the event of any action at law or in equity to enforce or interpret the terms of this Agreement or any of the other Transaction Documents, the parties agree that the party who is awarded the most money shall be deemed the prevailing party for all purposes and shall therefore be entitled to an additional award of the full amount of the attorneys’ fees and expenses paid by such prevailing party in connection with the litigation and/or dispute without reduction or apportionment based upon the individual claims or defenses giving rise to the fees and expenses. Nothing herein shall restrict or impair a court’s power to award fees and expenses for frivolous or bad faith pleading. SUBSCRIPTION AMOUNT: Original Principal Amount of Note: $66,000.00 Purchase Price: $60,000.00 IN WITNESS WHEREOF, the undersigned Buyer and the Company have caused this Agreement to be duly executed as of the date first above written. THE COMPANY: Cool Technologies, Inc. By: /s/ Xxx Xxxxxxx Xx. Xxx Xxxxxxx Chief Executive Officer THE BUYER: LGH Investments, LLC By: /s/ Xxxxx Xxxxxx Xxxxx Xxxxxx Managing Member EXHIBIT A NOTE NEITHER THIS NOTE NOR THE SECURITIES INTO WHICH THIS NOTE IS CONVERTIBLE HAVE BEEN REGISTERED WITH THE SECURITIES AND EXCHANGE COMMISSION OR THE SECURITIES COMMISSION OF ANY STATE. THESE SECURITIES HAVE BEEN SOLD IN RELIANCE UPON AN EXEMPTION FROM REGISTRATION UNDER THE SECURITIES ACT OF 1933, AS AMENDED (THE “SECURITIES ACT”), AND, ACCORDINGLY, MAY NOT BE OFFERED OR SOLD EXCEPT PURSUANT TO AN EFFECTIVE REGISTRATION STATEMENT UNDER THE SECURITIES ACT OR PURSUANT TO AN AVAILABLE EXEMPTION FROM, OR IN A TRANSACTION NOT SUBJECT TO, THE REGISTRATION REQUIREMENTS OF THE SECURITIES ACT AND IN ACCORDANCE WITH APPLICABLE STATE SECURITIES LAWS. COOL TECHNOLOGIES, INC. PROMISSORY NOTE Issuance Date: September 15, 2020 Original Principal Amount: $66,000 Note No. WARM-17 Consideration Paid at Close: $60,000 FOR VALUE RECEIVED, Cool Technologies, Inc., a Nevada corporation with a par value of $0.001 per common share (“Par Value”) (the "Company"), hereby promises to pay to the order of LGH Investments, LLC, a Wyoming limited liability company or registered assigns (the "Holder") the amount set out above as the Original Principal Amount (as reduced pursuant to the terms hereof pursuant to redemption, conversion or otherwise, the "Principal") when due, whether upon the Maturity Date (as defined below), acceleration, redemption or otherwise (in each case in accordance with the terms hereof) and to pay interest ("Interest") on any outstanding Principal at the applicable Interest Rate from the date set out above as the Issuance Date (the "Issuance Date") until the same becomes due and payable, upon the Maturity Date or acceleration, conversion, redemption or otherwise (in each case in accordance with the terms hereof). The Original Principal Amount is $66,000 (sixty-six thousand) plus accrued and unpaid interest and any other fees. The Consideration is $60,000 (sixty thousand) payable by wire transfer (there exists a $6,000 original issue discount (the “OID”)). The Holder shall pay $60,000 of Consideration upon closing of this Note.

Attorneys’ Fees and Cost of Collection. In the event of any action at law or in equity to enforce or interpret the terms of this Agreement or any of the other Transaction Documents, the parties agree that the party who is awarded the most money shall be deemed the prevailing party for all purposes and shall therefore be entitled to an additional award of the full amount of the attorneys’ fees and expenses paid by such prevailing party in connection with the litigation and/or dispute without reduction or apportionment based upon the individual claims or defenses giving rise to the fees and expenses. Nothing herein shall restrict or impair a court’s power to award fees and expenses for frivolous or bad faith pleading. SUBSCRIPTION AMOUNT: Original Principal Amount of Note: $66,000.00 $ 165,000.00 Purchase Price: $60,000.00 $ 150,000.00 IN WITNESS WHEREOF, the undersigned Buyer and the Company have caused this Agreement to be duly executed as of the date first above written. THE COMPANY: Cool TechnologiesHome Bistro, Inc. By: /s/ Xxx Xxxxx Xxxxxxx Xx. Xxx Xxxxx Xxxxxxx Chief Executive Officer THE BUYER: LGH InvestmentsXxxxxx Xxxx Remark Holdings, LLC Inc. By: /s/ Xxxxx Xxxx Xxxxxx Xxxxx Xxxx Xxxxxx Managing Member President EXHIBIT A NOTE NEITHER THIS NOTE NOR THE SECURITIES INTO WHICH THIS NOTE IS CONVERTIBLE HAVE BEEN REGISTERED WITH THE SECURITIES AND EXCHANGE COMMISSION OR THE SECURITIES COMMISSION OF ANY STATE. THESE SECURITIES HAVE BEEN SOLD IN RELIANCE UPON AN EXEMPTION FROM REGISTRATION UNDER THE SECURITIES ACT OF 1933EXHIBIT B TRUE-UP NOTICE Xxxxxx Xxxx Remark Holdings, AS AMENDED (THE “SECURITIES ACT”), AND, ACCORDINGLY, MAY NOT BE OFFERED OR SOLD EXCEPT PURSUANT TO AN EFFECTIVE REGISTRATION STATEMENT UNDER THE SECURITIES ACT OR PURSUANT TO AN AVAILABLE EXEMPTION FROM, OR IN A TRANSACTION NOT SUBJECT TO, THE REGISTRATION REQUIREMENTS OF THE SECURITIES ACT AND IN ACCORDANCE WITH APPLICABLE STATE SECURITIES LAWS. COOL TECHNOLOGIES, INC. PROMISSORY NOTE Issuance Inc. Date: September 15, 2020 Original Principal Amount: $66,000 Note No. WARM-17 Consideration Paid at Close: $60,000 FOR VALUE RECEIVED, Cool TechnologiesHome Bistro, Inc., Inc. 0000 Xxxxx Xxxxxx, #000 Xxxxx Xxxxx, XX 00000 TRUE-UP NOTICE The above-captioned Holder hereby gives notice to [Company], a Nevada corporation with a par value of $0.001 per common share (“Par Value”) (the "Company"), hereby promises to pay to the order of LGH Investments, LLC, a Wyoming limited liability company or registered assigns (the "Holder") the amount set out above as the Original Principal Amount (as reduced pursuant to the terms hereof pursuant to redemption, conversion or otherwise, the "Principal") when due, whether upon the Maturity Date (as defined below), acceleration, redemption or otherwise (in each case in accordance with the terms hereof) and to pay interest ("Interest") on any outstanding Principal at the applicable Interest Rate from the date set out above as the Issuance Date (the "Issuance Date") until the same becomes due and payable, upon the Maturity Date or acceleration, conversion, redemption or otherwise (in each case in accordance with the terms hereof). The Original Principal Amount is $66,000 (sixty-six thousand) plus accrued and unpaid interest and any other fees. The Consideration is $60,000 (sixty thousand) payable by wire transfer (there exists a $6,000 original issue discount (the “OIDCompany”), pursuant to that certain Securities Purchase Agreement datedMarch 30, 2021 by and between the Company and the Holder (the “Purchase Agreement”), that the Holder elects to receive fully paid and non- assessable True-Up Shares pursuant to Section 1.3 of the Purchase Agreement. The Such True-Up Shares shall be calculated as set forth below. In the event of a conflict between this True-Up Notice and the Purchase Agreement, the Purchase Agreement shall govern, or, in the alternative, at the election of the Holder shall pay $60,000 in its sole discretion, the Holder may provide a new form of Consideration upon closing of this NoteTrue-Up Notice to conform to the Purchase Agreement.

Attorneys’ Fees and Cost of Collection. In the event of any action at law or in equity to enforce or interpret the terms of this Agreement or any of the other Transaction Documents, the parties agree that the party who is awarded the most money shall be deemed the prevailing party for all purposes and shall therefore be entitled to an additional award of the full amount of the attorneys’ fees and expenses paid by such prevailing party in connection with the litigation and/or dispute without reduction or apportionment based upon the individual claims or defenses giving rise to the fees and expenses. Nothing herein shall restrict or impair a court’s power to award fees and expenses for frivolous or bad faith pleading. SUBSCRIPTION AMOUNT: Original Principal Amount of Note: $66,000.00 $ 330,000.00 Purchase Price: $60,000.00 Price $ 300,000.00 IN WITNESS WHEREOF, the undersigned Buyer and the Company have caused this Agreement to be duly executed as of the date first above written. THE COMPANY: Cool TechnologiesHome Bistro, Inc. By: /s/ Xxx Xxxxx Xxxxxxx Xx. Xxx Xxxxx Xxxxxxx Chief Executive Officer THE BUYER: LGH InvestmentsVISTA CAPITAL INVESTMENTS, LLC By: /s/ Xxxxx Xxxxxx X. Xxxxx Xxxxxx Xxxxx X. Xxxxx Managing Member EXHIBIT A NOTE NEITHER THIS NOTE NOR THE SECURITIES INTO WHICH THIS NOTE IS CONVERTIBLE HAVE BEEN REGISTERED WITH THE SECURITIES AND EXCHANGE COMMISSION OR THE SECURITIES COMMISSION OF ANY STATE. THESE SECURITIES HAVE BEEN SOLD IN RELIANCE UPON AN EXEMPTION FROM REGISTRATION UNDER THE SECURITIES ACT OF 1933EXHIBIT B TRUE-UP NOTICE VISTA CAPITAL INVESTORS, AS AMENDED (THE “SECURITIES ACT”), AND, ACCORDINGLY, MAY NOT BE OFFERED OR SOLD EXCEPT PURSUANT TO AN EFFECTIVE REGISTRATION STATEMENT UNDER THE SECURITIES ACT OR PURSUANT TO AN AVAILABLE EXEMPTION FROM, OR IN A TRANSACTION NOT SUBJECT TO, THE REGISTRATION REQUIREMENTS OF THE SECURITIES ACT AND IN ACCORDANCE WITH APPLICABLE STATE SECURITIES LAWS. COOL TECHNOLOGIES, INC. PROMISSORY NOTE Issuance LLC Date: September 15, 2020 Original Principal Amount: $66,000 Note No. WARM-17 Consideration Paid at Close: $60,000 FOR VALUE RECEIVED, Cool Technologies, Inc.__________________________ [Company] [Address] TRUE-UP NOTICE The above-captioned Holder hereby gives notice to [Company], a Nevada corporation with a par value of $0.001 per common share (“Par Value”) (the "Company"), hereby promises to pay to the order of LGH Investments, LLC, a Wyoming limited liability company or registered assigns (the "Holder") the amount set out above as the Original Principal Amount (as reduced pursuant to the terms hereof pursuant to redemption, conversion or otherwise, the "Principal") when due, whether upon the Maturity Date (as defined below), acceleration, redemption or otherwise (in each case in accordance with the terms hereof) and to pay interest ("Interest") on any outstanding Principal at the applicable Interest Rate from the date set out above as the Issuance Date (the "Issuance Date") until the same becomes due and payable, upon the Maturity Date or acceleration, conversion, redemption or otherwise (in each case in accordance with the terms hereof). The Original Principal Amount is $66,000 (sixty-six thousand) plus accrued and unpaid interest and any other fees. The Consideration is $60,000 (sixty thousand) payable by wire transfer (there exists a $6,000 original issue discount (the “OIDCompany”), pursuant to that certain Securities Purchase Agreement dated by and between the Company and the Holder (the “Purchase Agreement”), that the Holder elects to receive fully paid and non- assessable True-Up Shares pursuant to Section 1.3 of the Purchase Agreement. The Such True-Up Shares shall be calculated as set forth below. In the event of a conflict between this True-Up Notice and the Purchase Agreement, the Purchase Agreement shall govern, or, in the alternative, at the election of the Holder shall pay $60,000 in its sole discretion, the Holder may provide a new form of Consideration upon closing of this NoteTrue-Up Notice to conform to the Purchase Agreement.

Attorneys’ Fees and Cost of Collection. In the event of any action at law or in equity to enforce or interpret the terms of this Agreement or any of the other Transaction Documents, the parties agree that the party who is awarded the most money shall be deemed the prevailing party for all purposes and shall therefore be entitled to an additional award of the full amount of the attorneys’ fees and expenses paid by such prevailing party in connection with the litigation and/or dispute without reduction or apportionment based upon the individual claims or defenses giving rise to the fees and expenses. Nothing herein shall restrict or impair a court’s power to award fees and expenses for frivolous or bad faith pleading. SUBSCRIPTION AMOUNT: Original Principal Amount of Note: $66,000.00 $ 50,000.00 Purchase Price: $60,000.00 $ 45,000.00 IN WITNESS WHEREOF, the undersigned Buyer and the Company have caused this Agreement to be duly executed as of the date first above written. THE COMPANY: Cool Technologies, Inc. By: /s/ Xxx Xxxxxxx Xx. Xxx Xxxxxxx Xxxxxx Chief Executive Officer THE BUYER: LGH Investments, LLC By: /s/ Xxxxx Xxxxxx Xxxxx Xxxxxx Managing Member EXHIBIT A NOTE NEITHER THIS NOTE NOR THE SECURITIES INTO WHICH THIS NOTE IS CONVERTIBLE HAVE BEEN REGISTERED WITH THE SECURITIES AND EXCHANGE COMMISSION OR THE SECURITIES COMMISSION OF ANY STATE. THESE SECURITIES HAVE BEEN SOLD IN RELIANCE UPON AN EXEMPTION FROM REGISTRATION UNDER THE SECURITIES ACT OF 1933, AS AMENDED (THE “SECURITIES ACT”), AND, ACCORDINGLY, MAY NOT BE OFFERED OR SOLD EXCEPT PURSUANT TO AN EFFECTIVE REGISTRATION STATEMENT UNDER THE SECURITIES ACT OR PURSUANT TO AN AVAILABLE EXEMPTION FROM, OR IN A TRANSACTION NOT SUBJECT TO, THE REGISTRATION REQUIREMENTS OF THE SECURITIES ACT AND IN ACCORDANCE WITH APPLICABLE STATE SECURITIES LAWS. COOL TECHNOLOGIES, INC. PROMISSORY NOTE Issuance Date: September 15October 30, 2020 Original Principal Amount: $66,000 50,000 Note No. WARM-17 WARM-18 Consideration Paid at Close: $60,000 45,000 FOR VALUE RECEIVED, Cool Technologies, Inc., a Nevada corporation with a par value of $0.001 per common share (“Par Value”) (the "“Company"”), hereby promises to pay to the order of LGH Investments, LLC, a Wyoming limited liability company or registered assigns (the "“Holder"”) the amount set out above as the Original Principal Amount (as reduced pursuant to the terms hereof pursuant to redemption, conversion or otherwise, the "“Principal"”) when due, whether upon the Maturity Date (as defined below), acceleration, redemption or otherwise (in each case in accordance with the terms hereof) and to pay interest ("“Interest"”) on any outstanding Principal at the applicable Interest Rate from the date set out above as the Issuance Date (the "“Issuance Date"”) until the same becomes due and payable, upon the Maturity Date or acceleration, conversion, redemption or otherwise (in each case in accordance with the terms hereof). The Original Principal Amount is $66,000 50,000 (sixty-six fifty thousand) plus accrued and unpaid interest and any other fees. The Consideration is $60,000 45,000 (sixty forty-five thousand) payable by wire transfer (there exists a $6,000 5,000 original issue discount (the “OID”)). The Holder shall pay $60,000 45,000 of Consideration upon closing of this Note.