Common use of Costs of Litigation Clause in Contracts

Costs of Litigation. The parties agree that the prevailing party in any action brought with respect to or to enforce any right or remedy under this Agreement shall be entitled to recover from the other party or parties all reasonable costs and expenses of any nature whatsoever incurred by the prevailing party in connection with such action, including without limitation reasonable attorneys' fees and prejudgment interest.

Appears in 22 contracts

Samples: Asset Purchase Agreement, Acquisition Agreement (Outback Steakhouse Inc), Acquisition Agreement (Outback Steakhouse Inc)

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Costs of Litigation. The parties agree that If any action is brought by either party to this Agreement against the other party regarding the subject matter of this Agreement, the prevailing party in any action brought with respect to or to enforce any right or remedy under this Agreement shall be entitled to recover from the recover, in addition to any other party or parties all relief granted, reasonable costs attorney’s fees, costs, and expenses of any nature whatsoever incurred by the prevailing party in connection with such action, including without limitation reasonable attorneys' fees and prejudgment interestlitigation.

Appears in 21 contracts

Samples: Subscription Agreement, Participation Agreement, Participation Agreement

Costs of Litigation. The parties agree that If any action is brought by any party to this Agreement against another party regarding the subject matter of this Agreement, the prevailing party in any action brought with respect to or to enforce any right or remedy under this Agreement shall be entitled to recover from the recover, in addition to any other party or parties all relief granted, reasonable costs attorneys’ fees, costs, and expenses of any nature whatsoever incurred by the prevailing party in connection with such action, including without limitation reasonable attorneys' fees and prejudgment interestlitigation.

Appears in 18 contracts

Samples: License Agreement, Vow License Agreement, License Agreement

Costs of Litigation. The parties agree that the prevailing party in any action brought with respect to or to enforce any right or remedy under this Agreement shall be entitled to recover from the other party or parties all reasonable costs and expenses of any nature whatsoever incurred by the prevailing party in connection with such action, including without limitation reasonable attorneys' fees and prejudgment interest.

Appears in 4 contracts

Samples: Asset Purchase Agreement (Oakmont Acquisition Corp.), Asset Purchase Agreement (Oakmont Acquisition Corp.), Asset Purchase Agreement (Outback Steakhouse Inc)

Costs of Litigation. The parties agree that the prevailing party in any action brought with respect to or to enforce any right or remedy under this Agreement shall be entitled to recover from the other party or parties all reasonable costs and expenses of any nature whatsoever incurred by the prevailing party in connection with such action, including including, without limitation reasonable limitation, attorneys' fees and prejudgment interest.

Appears in 4 contracts

Samples: Contribution Agreement (Regency Realty Corp), Contribution Agreement (Regency Realty Corp), Stock Purchase Agreement (Swing N Slide Corp)

Costs of Litigation. The parties agree that the prevailing party in any action brought with respect to or to enforce any right or remedy under this Agreement shall be entitled to recover from the other party or parties all reasonable costs and expenses of any nature whatsoever incurred by the prevailing party in connection with such action, including without limitation reasonable attorneys' fees and prejudgment interest.

Appears in 4 contracts

Samples: Asset Purchase Agreement (Hein Werner Corp), Stock Purchase Agreement (Careinsite Inc), Stock Purchase Agreement (Exide Electronics Group Inc)

Costs of Litigation. The parties agree that the prevailing party ------------------- in any action brought with respect to or to enforce any right or remedy under this Agreement shall be entitled to recover from the other party or parties all reasonable costs and expenses of any nature whatsoever incurred by the prevailing party in connection with such action, including without limitation reasonable attorneys' fees and prejudgment interest.

Appears in 2 contracts

Samples: Asset Purchase Agreement (Just for Feet Inc), Stock Purchase Agreement (Just for Feet Inc)

Costs of Litigation. The parties agree that the prevailing party ------------------- in any action litigation brought with respect to or to enforce any right or remedy under this Agreement shall be entitled to recover from the other party or parties all reasonable costs and expenses of any nature whatsoever incurred by the prevailing party in connection with such action, including without limitation reasonable attorneys' fees and prejudgment interest.

Appears in 2 contracts

Samples: Employment Agreement (Career Holdings Inc), Employment Agreement (Career Holdings Inc)

Costs of Litigation. The parties agree that the prevailing party in any action brought with respect to or to enforce any right or remedy under this Agreement shall be entitled to recover from the other party or parties all reasonable costs and expenses of any nature whatsoever incurred by the prevailing party in connection with such action, including without limitation reasonable attorneys' fees and prejudgment interest.

Appears in 2 contracts

Samples: Purchase Agreement (United Western Bancorp Inc), Agreement and Plan of Merger (Ladish Co Inc)

Costs of Litigation. The parties agree that the prevailing party in any action brought with respect to or to enforce or interpret any right or remedy under this Agreement shall be entitled to recover from the other party or parties all reasonable costs and expenses of any nature whatsoever incurred by the prevailing party in connection with such action, including without limitation reasonable attorneys' fees and prejudgment interest.

Appears in 2 contracts

Samples: Stock Purchase Agreement (Keith Companies Inc), Stock Purchase Agreement (Keith Companies Inc)

Costs of Litigation. The parties agree that the prevailing party in any action brought with respect to or to enforce any right or remedy under this Agreement shall be entitled to recover from the other party or parties all reasonable costs and expenses of any nature whatsoever actually incurred by the prevailing party in connection with such action, including including, without limitation reasonable limitation, attorneys' fees (whether incurred before or at trial or on appeal) and prejudgment interest.

Appears in 2 contracts

Samples: Non Competition Agreement (Regency Realty Corp), Business Development and Non Competition Agreement (Regency Realty Corp)

Costs of Litigation. The parties agree that the prevailing ------------------- party in any action brought with respect to or to enforce any right or remedy under this Agreement shall be entitled to recover from the other party or parties all reasonable costs and expenses of any nature whatsoever incurred by the prevailing party in connection with such action, including without limitation reasonable attorneys' fees and prejudgment interestfees.

Appears in 2 contracts

Samples: Asset Purchase Agreement (Keith Companies Inc), Asset Purchase Agreement (Keith Companies Inc)

Costs of Litigation. The parties agree that the prevailing party in any action brought with respect to or to enforce or interpret any right or remedy under this Agreement shall be entitled to recover from the other party or parties all reasonable costs and expenses of any nature whatsoever incurred by the prevailing party in connection with such action, including without limitation reasonable attorneys', accountants', expert witness' and consultants' fees and prejudgment interest.

Appears in 2 contracts

Samples: Stock Purchase Agreement (Unicomp Inc), Stock Purchase Agreement (California Software Corp)

Costs of Litigation. The parties agree that the prevailing party in any action action, proceeding or litigation (including bankruptcy) brought with respect to or to enforce any right or remedy under this Agreement (including without limitation the Put and Call and enforcement of the Guarantor's obligations) shall be entitled to recover from the other party or parties all reasonable costs and expenses of any nature whatsoever incurred by the prevailing party in connection with such action, including without limitation reasonable attorneys' fees and prejudgment interest.

Appears in 1 contract

Samples: Collateral Documents Agreement (Wickes Inc)

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Costs of Litigation. The parties agree that If either Party files suit to enforce its rights under this Agreement, the substantially prevailing party in any action brought with respect to or to enforce any right or remedy under this Agreement shall be entitled to recover from the other party or parties all reasonable expenses incurred by it in preparing for and in trying the case, including, but not limited to, investigative costs, court costs and expenses of any nature whatsoever incurred by the prevailing party in connection with such action, including without limitation reasonable attorneys' fees and prejudgment interest(including expenses incurred to collect those expenses).

Appears in 1 contract

Samples: Asset Contribution and Combination Agreement (United Benefits & Pension Services, Inc.)

Costs of Litigation. The parties agree that the prevailing party in any action brought with respect to or to enforce any right or remedy under this Agreement shall be entitled to recover from the other party or parties all reasonable costs and expenses of any nature whatsoever incurred by the prevailing party in connection with such action, including without limitation reasonable attorneys' fees and prejudgment interest.

Appears in 1 contract

Samples: Asset Purchase Agreement (Macrovision Corp)

Costs of Litigation. The parties hereto agree that the prevailing party in any action brought with respect to or to enforce any right or remedy under this Agreement shall be entitled to recover from the other party or parties all reasonable costs and expenses of any nature whatsoever incurred by the prevailing party in connection with such action, including including, without limitation reasonable limitation, attorneys' fees and prejudgment interest.

Appears in 1 contract

Samples: Asset Sale and Purchase Agreement (Furrs Restaurant Group Inc)

Costs of Litigation. The parties agree that the prevailing party in any action brought with respect to or to enforce any right or remedy under this Agreement shall be entitled to recover from the other party or parties all reasonable costs and expenses of any nature whatsoever incurred by the prevailing party in connection with such action, including including, without limitation reasonable limitation, attorneys' fees (whether incurred at trial or on appeal) and prejudgment interest.

Appears in 1 contract

Samples: Put and Security Agreement (Vision Health Care Inc)

Costs of Litigation. The parties agree that (subject to the discretion, in an arbitration proceeding, of the arbitrator as set forth in SECTION 14.4) the prevailing party in any action brought with respect to or to enforce any right or remedy under this Agreement shall be entitled to recover from the other party or parties all reasonable costs and expenses of any nature whatsoever incurred by the prevailing party in connection with such action, including without limitation reasonable attorneys' fees and prejudgment interest.

Appears in 1 contract

Samples: Asset Purchase Agreement (Outback Steakhouse Inc)

Costs of Litigation. The parties Parties agree that the prevailing party Party in any action Action brought with respect to or to enforce any right or remedy under this Agreement shall be entitled to recover from the other party Party or parties Parties all reasonable out-of-pocket costs and expenses of any nature whatsoever incurred by the prevailing party Party in connection with such actionAction, including without limitation reasonable attorneys' fees ’ fees. With regard to any action brought by a Party after the Closing, the foregoing right of such Party to recover costs and prejudgment interestexpenses shall be subject to the Claims Cap and other limitations set forth in Article 7.

Appears in 1 contract

Samples: Membership Interests Purchase Agreement (CorEnergy Infrastructure Trust, Inc.)

Costs of Litigation. The parties Parties agree that the prevailing party Party in any action brought with respect to or to enforce any right or remedy under this Agreement shall be entitled to recover from the other party or parties Party all reasonable costs and expenses of any nature whatsoever incurred by the prevailing party Party in connection with such action, including without limitation reasonable attorneys' fees and prejudgment interest.

Appears in 1 contract

Samples: Asset Purchase Agreement (Dpac Technologies Corp)

Costs of Litigation. The parties Parties agree that the prevailing party Party in any action brought with respect to or to enforce any right or remedy under this Agreement shall be entitled to recover from the other party Party or parties Parties all reasonable out-of-pocket costs and expenses of any nature whatsoever incurred by the prevailing party Party in connection with such action, including without limitation reasonable attorneys' fees ’ fees. With regard to any action brought by a Party after the Closing, the foregoing right of such Party to recover costs and prejudgment interestexpenses shall be subject to the Claims Cap and other limitations set forth in Article 7.

Appears in 1 contract

Samples: Limited Liability Company Interests Purchase Agreement (CorEnergy Infrastructure Trust, Inc.)

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