Common use of Litigation Costs Clause in Contracts

Litigation Costs. If any legal action or other proceeding is brought for the enforcement of this Agreement or to remedy its breach, the prevailing party in such action or proceeding shall be entitled to recover its actual attorney's fees and other costs incurred in the action or proceeding, in addition to such other relief to which it may be entitled.

Appears in 17 contracts

Samples: Winthorp Capital Consulting Agreement (GlyEco, Inc.), Asset Purchase Agreement (Ceres Ventures, Inc.), Stock Purchase Agreement (Bio One Corp)

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Litigation Costs. If any legal action or other proceeding of any kind is brought for the enforcement of this Agreement or to remedy its breachbecause of a default, misrepresentation, or any other dispute in connection with any provision of this Agreement or the Services, the successful or prevailing party in such action or proceeding shall be entitled to recover its actual attorney's all fees and other costs incurred in the such action or proceeding, in addition to such any other relief to which it may be entitled.

Appears in 13 contracts

Samples: Management Agreement (Landmark Infrastructure Partners LP), Management Agreement (DigitalBridge Group, Inc.), Management Agreement (American Tower Corp /Ma/)

Litigation Costs. If In the event that any legal action or other proceeding is brought for the enforcement of Party to this Agreement or resorts to remedy its breachlegal proceedings to enforce this Agreement, the prevailing party Party in such action or proceeding proceedings shall be entitled to recover its actual attorney's fees and other all costs incurred in the action or proceedingby such Party, in addition to such other relief to which it may be entitledincluding reasonable attorney fees.

Appears in 4 contracts

Samples: Contribution Agreement (New Source Energy Corp), Contribution Agreement (New Source Energy Corp), Purchase and Sale Agreement (GMX Resources Inc)

Litigation Costs. If any legal action or other proceeding of any kind is brought for the enforcement or interpretation of this Agreement, or because of a default, misrepresentation, or any other dispute in connection with any provision of this Agreement or to remedy its breachthe Property, the prevailing party in such action or proceeding shall be entitled to recover its actual attorney's all fees and other costs incurred in the such action or proceeding, in addition to such any other relief to which it may be entitled.

Appears in 4 contracts

Samples: Management and Services Agreement, Management and Services Agreement (Rancon Income Fund I), Management and Services Agreement (Rancon Realty Fund V)

Litigation Costs. If any legal action or other proceeding is brought In the event it becomes necessary for a party hereto to initiate litigation for the enforcement purpose of enforcing any of its rights hereunder or for the purpose of seeking damages for any violation of this Agreement or Agreement, then, in addition to remedy its breachany and all other judicial remedies that may be granted, the prevailing party in such action or proceeding shall be entitled to recover its actual attorney's attorneys’ fees and all other costs incurred sustained by it in the action or proceeding, in addition to such other relief to which it may be entitledconnection with that litigation.

Appears in 3 contracts

Samples: Sale Agreement (Nuance Communications, Inc.), Asset Sale Agreement (Nant Health, LLC), Asset Sale Agreement (Harris Corp /De/)

Litigation Costs. If any legal action or other proceeding of any kind is brought for the enforcement of this Agreement or to remedy its breachbecause of a default, misrepresentation, or any other dispute in connection with any provision of this Agreement or the Properties, the successful or prevailing party in such action or proceeding shall be entitled to recover its actual attorney's all reasonable fees and other costs incurred in the such action or proceeding, in addition to such any other relief to which it may be entitled.

Appears in 3 contracts

Samples: Property Management Agreement (Strategic Realty Trust, Inc.), Property Management Agreement (Strategic Realty Trust, Inc.), Property Management Agreement (Strategic Realty Trust, Inc.)

Litigation Costs. If any legal action or other proceeding is brought for the enforcement of this Agreement or to remedy its breach, the prevailing party in such action or proceeding shall be entitled to recover its actual attorney's ’s fees and other costs incurred in the action or proceeding, in addition to such other relief to which it may be entitled.

Appears in 3 contracts

Samples: Asset Purchase Agreement (Green Technology Solutions, Inc.), Asset Purchase Agreement (Green Technology Solutions, Inc.), Asset Purchase and Sale Agreement (Xstream Beverage Group Inc)

Litigation Costs. If any legal action action, arbitration or other proceeding is brought for the enforcement of this Agreement Agreement, or to remedy its because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party in such action or proceeding parties therein shall be entitled to recover its actual attorney's reasonable attorneys’ fees and other costs incurred in the that action or proceeding, in addition to such any other relief to which it or they may be entitled.

Appears in 2 contracts

Samples: Exchange Agreement (Ameralia Inc), Restructuring Agreement (Ameralia Inc)

Litigation Costs. If any legal action or other proceeding is brought for the enforcement of this Agreement Agreement, or to remedy its because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions thereof, the successful or prevailing party in such action or proceeding parties shall be entitled to recover its actual attorney's reasonable attorneys' fees and other costs incurred in the that action or proceeding, in addition to such any other relief to which it or they may be entitled.

Appears in 2 contracts

Samples: Securities Purchase Agreement (Technology Acquisition Corp), Agreement (Industrial Electric Services Inc)

Litigation Costs. If any legal action or any mediation or arbitration or other proceeding is brought for the enforcement or interpretation of this Agreement Agreement, or to remedy its because of an alleged dispute, breach, default, or misrepresentation in connection with any provision of this Agreement, then the successful or prevailing party in such action or proceeding shall parties will be entitled to recover its actual attorney's reasonable attorneys’ fees and other costs (including experts’ fees and costs) incurred in the that action or proceeding, in addition to such any other relief to which it they may be entitled.

Appears in 2 contracts

Samples: Agreement for Purchase and Sale, Agreement for Purchase and Sale

Litigation Costs. If any legal action or any arbitration or ---------------- other proceeding is brought for the enforcement of this Agreement Agreement, or to remedy its because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions thereof, the successful or prevailing party in such action or proceeding parties shall be entitled to recover its actual attorney's reasonable attorneys' fees and other costs incurred in the that action or proceeding, in addition to such any other relief to which it or they may be entitled.

Appears in 2 contracts

Samples: Common Stock Purchase Agreement (Cope Inc), Securities Acquisition Agreement and Plan of Reorganization (Virtual Gaming Technologies Inc)

Litigation Costs. If any a legal action action, arbitration or other proceeding is brought for the enforcement of this Agreement agreement, or to remedy its because of an alleged dispute, breach, default or misrepresentation in connection with this agreement, the successful or prevailing party in such action or proceeding parties shall be entitled to recover its actual attorney's reasonable attorneys' fees and other costs incurred in the that action or proceeding, in addition to such any other relief to which it or they may be entitled.

Appears in 2 contracts

Samples: Agreement for Purchase and Sale (Pegasus Wireless Corp), Agreement for Purchase and Sale (Pegasus Wireless Corp)

Litigation Costs. If any legal action or any arbitration or other proceeding is brought for the enforcement of this Agreement Agreement, or to remedy its because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party in such action or proceeding parties shall be entitled to recover its actual attorney's fees reasonable attorneys' fees, accounting fees, and other costs incurred in the that action or proceeding, in addition to such any other relief to which it or they may be entitled.

Appears in 2 contracts

Samples: Agreement of Purchase and Sale (Ugly Duckling Corp), Agreement of Purchase (Ugly Duckling Corp)

Litigation Costs. If any legal action or any arbitration or other proceeding is brought for the enforcement of this Agreement Agreement, or to remedy its because of an alleged dispute, breach, default or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party in such action Party or proceeding Parties shall be entitled to recover its actual attorney's reasonable attorneys' fees and other costs incurred in the that action or proceedingproceedings, in addition to such any other relief to which it or they may be entitled.

Appears in 2 contracts

Samples: Stock Purchase Agreement (New Cannon Inc), Stock Purchase Agreement (New Generation Films Inc)

Litigation Costs. If any legal action or other proceeding is brought for the enforcement of this Agreement or to remedy its breach, the prevailing party in such action or proceeding shall be entitled to recover its actual attorney's fees and other costs incurred in the action or proceeding, in addition to such other relief to which it may be entitled.

Appears in 2 contracts

Samples: Asset Purchase Agreement (Iexalt Inc), Asset Purchase Agreement (Kingdom Ventures Inc)

Litigation Costs. If any legal action action, or other proceeding is brought for the enforcement of this Agreement Agreement, or to remedy its because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party in such action or proceeding parties shall be entitled to recover its actual attorney's reasonable attorneys' fees and other costs incurred in the that action or proceeding, in addition to such any other relief to which it or they may be entitled.

Appears in 2 contracts

Samples: Merger Agreement and Plan of Reorganization (Finet Holdings Corp), Merger Agreement and Plan of Reorganization (Finet Holdings Corp)

Litigation Costs. If any legal action or other proceeding is brought for the enforcement of this Agreement Rescission Agreement, or to remedy its because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions thereof, the successful or prevailing party in such action or proceeding parties shall be entitled to recover its actual attorney's reasonable attorneys' fees and other costs incurred in the that action or proceeding, in addition to such any other relief to which it or they may be entitled.

Appears in 2 contracts

Samples: Rescission Agreement (Axia Group, Inc.), Rescission Agreement (Axia Group, Inc.)

Litigation Costs. If any legal action or any arbitration or other ---------------- proceeding is brought for the enforcement of this Agreement Agreement, or to remedy its because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party in such action or proceeding parties shall be entitled to recover its actual attorney's reasonable attorneys' fees and other costs incurred in the that action or proceeding, in addition to such any other relief to which it or they may be entitled.

Appears in 1 contract

Samples: Investors' Rights Agreement (Metatools Inc)

Litigation Costs. If any legal action or other proceeding is brought for the enforcement of this Agreement Agreement, or to remedy its because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions thereof, the successful or prevailing party in such action or proceeding parties shall be entitled to recover its actual attorney's reasonable attorneys’ fees and other costs incurred in the that action or proceeding, in addition to such any other relief to which it or they may be entitled.

Appears in 1 contract

Samples: Stock Purchase Agreement (Strativation, Inc.)

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Litigation Costs. If an action is commenced to enforce any legal action or other proceeding is brought for the enforcement provision of this Agreement or to remedy its breachAgreement, the prevailing party in such action or proceeding shall be entitled to recover its actual attorney's reasonable attorneys’ fees and other costs incurred in the action or proceeding, in addition to such other relief to which it may be entitledcosts and fees from the other party.

Appears in 1 contract

Samples: License Agreement

Litigation Costs. If any legal action or any other proceeding proceeding, including arbitration or an action for declaratory relief, is brought for the enforcement or interpretation of this Agreement or to remedy its because of an alleged dispute, breach, default, or misrepresentation in connection with any provision of this Agreement, the prevailing party in such action or proceeding shall be entitled to recover its actual attorney's reasonable attorney fees and other costs incurred in the that action or proceeding, in addition to such any other relief to which it the prevailing party may be entitled.. “Prevailing Party” shall include without limitation:

Appears in 1 contract

Samples: Option Agreement

Litigation Costs. If any legal action or any arbitration or other proceeding is brought for the enforcement of this Agreement Agreement, or to remedy its because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party in such action or proceeding parties shall be entitled to recover its actual attorney's fees reasonable attorneys' fees, accounting fees, and other costs incurred in the that action or proceeding, in 115 addition to such any other relief to which it or they may be entitled.. 10.10

Appears in 1 contract

Samples: Agreement of Purchase and Sale (Ugly Duckling Corp)

Litigation Costs. If any legal action or other proceeding (including arbitration) is brought for the enforcement of this Agreement or to remedy its breachAgreement, the successful or prevailing party in such action or proceeding whose favor judgment is entered shall be entitled to recover its actual attorney's reasonable attorneys, fees and other costs incurred in the such action or proceeding, in addition to such any other relief to which it may be entitled.

Appears in 1 contract

Samples: Consulting Agreement (Ams Health Sciences Inc)

Litigation Costs. If any legal action action, arbitration or other proceeding is brought for the enforcement of this Agreement or to remedy its because of an alleged dispute, breach, default or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party in such action or proceeding shall be entitled to recover its actual attorney's fees reasonable attorneys' fees, court costs and other costs incurred in the such action or proceeding, in addition to such any other relief to which it or they may be entitled.. ARTICLE THIRTEEN

Appears in 1 contract

Samples: Acquisition Agreement (Frefax Inc)

Litigation Costs. If any legal action or any other proceeding proceeding, including arbitration or action for declaratory relief, is brought for the enforcement or interpretation of this Agreement or to remedy its breachbecause of an alleged breach or default in connection with this Agreement, the prevailing party in such action or proceeding Party shall be entitled to recover its actual attorney's reasonable attorneys' fees and other costs incurred in the action or proceedingcosts, in addition to such any other relief to which it such Party may be entitled.

Appears in 1 contract

Samples: Purchase and Sale Agreement

Litigation Costs. If any legal action or any arbitration or other proceeding is brought for in the enforcement of this Agreement Agreement, or to remedy its because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party in such action or proceeding shall be entitled to recover its actual attorney's reasonable attorneys' fees and other costs incurred in the that action or proceeding, proceeding in addition to such any other relief to which it he may be entitled.

Appears in 1 contract

Samples: Exhibit 1 Stock Purchase Agreement (Forte Computer Easy Inc)

Litigation Costs. If any legal action or any arbitration or other proceeding is brought for the enforcement of this Agreement Agreement, or to remedy its because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party in such action or proceeding parties shall be entitled to recover its actual attorney's reasonable attorneys' fees and other costs incurred in the that action or proceeding, in addition to such any other relief to which it or they may be entitled.

Appears in 1 contract

Samples: Stock Purchase Agreement (Indenet Inc)

Litigation Costs. If any legal action or other proceeding of any kind is brought for the enforcement of this Agreement or to remedy its breachbecause of a default, misrepresentation, or any other dispute in connection with any provision of this Agreement or the Buildings, the successful or prevailing party in such action or proceeding shall be entitled to recover its actual attorney's all fees and other costs incurred in the such action or proceeding, in addition to such any other relief to which it may be entitled.

Appears in 1 contract

Samples: Purchase and Sale Agreement (KBS Strategic Opportunity REIT, Inc.)

Litigation Costs. If any legal action or any arbitration or ---------------- other proceeding is brought for the enforcement of this Agreement or to remedy its the other Documents, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions thereof, the successful or prevailing party in such action or proceeding parties shall be entitled to recover its actual attorney's reasonable attorneys' fees and other costs incurred in the that action or proceeding, in addition to such any other relief to which it or they may be entitled.

Appears in 1 contract

Samples: Securities Purchase Agreement (Global Diamond Resources Inc)

Litigation Costs. If any legal action action, arbitration or other proceeding is brought for the enforcement of this Agreement or to remedy its because of an alleged dispute, breach, default or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party in such action or proceeding parties shall be entitled to recover its actual attorney's fees reasonable attorneys' fees, court costs and other costs incurred in the such action or proceeding, in addition to such any other relief to which it or they may be entitled.

Appears in 1 contract

Samples: Asset Purchase Agreement (Decora Industries Inc)

Litigation Costs. If any legal action or other proceeding is brought for the enforcement of this Agreement Agreement, or to remedy its because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions thereof, the successful or prevailing party in such action Party or proceeding Parties shall be entitled to recover its actual attorney's reasonable attorneys’ fees and other costs incurred in the that action or proceeding, in addition to such any other relief to which it or they may be entitled.

Appears in 1 contract

Samples: Securities Purchase Agreement (247MGI, Inc.)

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