Litigation; Prevailing Party. In the event of any litigation with regard to this Agreement, the prevailing party shall be entitled to receive from the non-prevailing party and the non-prevailing party shall pay upon demand all reasonable fees and expenses of counsel for the prevailing party.
Litigation; Prevailing Party. Except as otherwise required by applicable law or as expressly provided in this Agreement, in the event of any litigation, including appeals, with regard to this Agreement, the prevailing party shall be entitled to recover from the non-prevailing party all reasonable fees, costs, and expenses of counsel (at pre-trial, trial and appellate levels).
Litigation; Prevailing Party. In the event that any party hereto brings suit for any matter arising out of or in connection with a breach of any of the terms or provisions of this Agreement, then the prevailing party shall be entitled to recover from the non-prevailing party all reasonable court costs and attorneys' fees and expenses incurred by the prevailing party in connection with such litigation at the arbitration, pre-trail, trial and appellate levels.
Litigation; Prevailing Party. In the event of any litigation with regard to this Agreement, the prevailing party shall be entitled to receive from the non-prevailing party and the non-prevailing party shall pay upon demand all reasonable fees and expenses of counsel for the prevailing party; provided, however, to the extent that both parties prevail on claims filed against the other, in a consolidated action, then the aggregate amount of fees and expenses of counsel to both parties shall be allocated between Purchaser and Sellers so that each party’s aggregate share of such fees and expenses bears the same proportion to the total amount of such fees and expenses as the amount awarded each party on their prevailing claim bears to the total amount awarded in the litigation on all prevailing claims and any party that has paid less than its allocated expenses shall immediately remit to the other party the difference between the amount allocated and the amount previously paid.
Litigation; Prevailing Party. In the event of any litigation between the Corporation and Wxxxxxxxxx with regard to this Agreement, the prevailing party shall be entitled to reimbursement from the nonprevailing party for all reasonable fees and expenses of counsel for the prevailing party.
Litigation; Prevailing Party. In the event of any litigation between the Corporation and Leerink with regard to this Agreement, the prevailing party shall be entitled to reimbursement from the nonprevailing party for all reasonable fees and expenses of counsel for the prevailing party.
Litigation; Prevailing Party. In the event of any litigation between the Company and the Investors with regard to this Agreement, the prevailing party shall be entitled to reimbursement from the nonprevailing party for all reasonable fees and expenses of counsel for the prevailing party.
Litigation; Prevailing Party. In the event of any litigation with regard to this
Litigation; Prevailing Party. In the event of any litigation between the Corporation and the Investors with regard to this Agreement, the prevailing party shall be entitled to reimbursement from the nonprevailing party for all reasonable fees and expenses of counsel for the prevailing party. 3.8 Nominees Securities registered in the name of a nominee for a Holder shall, for purposes of this Agreement, be treated as being owned by such Holder. 3.9 Counterparts This Agreement may be executed in any number of counterparts, each of which shall be an original, but all of which together shall constitute one instrument. Delivery of a signed counterpart by and between telephone facsimile transmission shall between effective as delivery of a manually signed counterpart of this Agreement.
Litigation; Prevailing Party. If, notwithstanding the provisions of §6(f) of this Agreement, any litigation is instituted with regard to this Agreement, the Party which prevails substantially on the merits, or whose position substantially prevails in any settlement, shall be entitled to receive from the non-prevailing Party and the non-prevailing Party shall pay all reasonable fees and expenses of counsel for the prevailing Party.
