Common use of Cost of Litigation Clause in Contracts

Cost of Litigation. If any legal action or other proceeding is brought for the enforcement of this Agreement or because of an alleged dispute, breach, default or misrepresentation in connection with this Agreement or the transactions contemplated hereby, the successful or prevailing Party or Parties shall be entitled to recover reasonable attorneys’ fees and other costs incurred in connection with such action or proceeding, in addition to any other relief to which it or they may be entitled.

Appears in 6 contracts

Sources: Licensing Agreement (Sonoma Pharmaceuticals, Inc.), Asset Purchase Agreement (Sonoma Pharmaceuticals, Inc.), Asset Purchase Agreement (Sonoma Pharmaceuticals, Inc.)

Cost of Litigation. If any legal action or other proceeding is brought for the enforcement of party breaches this Agreement or because of an alleged dispute, breach, default or misrepresentation in connection with any Related Agreement and if counsel is employed to enforce this Agreement or the transactions contemplated herebya Related Agreement, the successful or prevailing Party or Parties shall party will be entitled to recover reasonable attorneys’ fees Fees and other costs incurred in connection Costs associated with such action or proceeding, in addition to any other relief to which it or they may be entitledenforcement.

Appears in 4 contracts

Sources: Merger Agreement (Compuware Corporation), Merger Agreement (Jabil Circuit Inc), Stock Purchase Agreement (Margate Industries Inc)

Cost of Litigation. If any legal action or other proceeding is brought for the enforcement of this Agreement or because of an alleged dispute, breach, default or misrepresentation in connection with this Agreement or the transactions contemplated hereby, the successful or prevailing Party party or Parties parties shall be entitled to recover reasonable attorneys’ fees and other costs incurred in connection with such action or proceeding, in addition to any other relief to which it or they may be entitled.

Appears in 3 contracts

Sources: Purchase Agreement, Purchase Agreement (Petro Stopping Centers Holdings Lp), Purchase Agreement (Petro Stopping Centers L P)

Cost of Litigation. If The prevailing Party in any legal action or other proceeding is brought for the enforcement arising out of or relating to this Agreement or because of an alleged dispute, breach, default or misrepresentation in connection with this Agreement or the transactions contemplated hereby, the successful or prevailing Party or Parties shall will be entitled to recover an award of its reasonable attorneys’ fees and other costs incurred legal expenses in connection with such action or proceeding, in addition to any other relief to which it or they may be entitledtherewith.

Appears in 2 contracts

Sources: E Commerce Agreement (Global Sports Inc), E Commerce Agreement (Global Sports Inc)

Cost of Litigation. If any legal action or other proceeding is brought for ------------------ the enforcement of this Agreement or because of an alleged dispute, breach, default or misrepresentation in connection with this Agreement or the transactions contemplated hereby, the successful or prevailing Party party or Parties parties shall be entitled to recover reasonable attorneys' fees and other costs incurred in connection with such action or proceeding, in addition to any other relief to which it or they may be entitled, subject to Section 6.01(b).

Appears in 2 contracts

Sources: Stock Purchase Agreement (Lanstar Semiconductor Inc), Stock Purchase Agreement (Lanstar Semiconductor Inc)

Cost of Litigation. If any legal action or other proceeding is brought for the enforcement of party breaches this Agreement or because of an alleged dispute, breach, default or misrepresentation in connection with any Related Agreement and if counsel is employed to enforce this Agreement or the transactions contemplated herebya Related Agreement, the successful or prevailing Party or Parties party shall be entitled to recover reasonable attorneys’ fees Fees and other costs incurred in connection Costs associated with such action or proceeding, in addition to any other relief to which it or they may be entitledenforcement.

Appears in 2 contracts

Sources: Investment Agreement (Asc Holdings LLC), Investment Agreement (Jpe Inc)

Cost of Litigation. If The parties agree that the prevailing party in any legal action or other proceeding is litigation brought for the enforcement of with respect to or to enforce any right or remedy under this Agreement or because of an alleged dispute, breach, default or misrepresentation in connection with this Agreement or the transactions contemplated hereby, the successful or prevailing Party or Parties shall be entitled to recover from the other party or parties reasonable attorneys’ fees costs and other costs expenses incurred by the prevailing party in connection with such action or proceedinglitigation, in addition to any other relief to which it or they may be entitledincluding, without limitation, reasonable attorney's fees and costs.

Appears in 2 contracts

Sources: Non Competition and Confidentiality Agreement (Intrepid Capital Corp), Non Competition and Confidentiality Agreement (Intrepid Capital Corp)

Cost of Litigation. If In any legal action action, suit or other proceeding is brought for between any ------------------- of the enforcement of parties to this Agreement to enforce this Agreement or because of an alleged dispute, breach, default or misrepresentation in connection with which otherwise arises from this Agreement or the transactions contemplated herebyAgreement, the successful or prevailing Party or Parties party shall be entitled to recover reasonable attorneys’ attorney's fees and other costs incurred expenses in connection with such action or proceeding, in addition to any other relief to which it or they may be entitledtherewith.

Appears in 2 contracts

Sources: Termination Agreement (Luxtec Corp /Ma/), Termination Agreement (Luxtec Corp /Ma/)

Cost of Litigation. If any legal action or other proceeding is brought for the enforcement of this Agreement or because of an alleged dispute, breach, default or misrepresentation in connection with this Agreement or the transactions contemplated hereby, the successful or prevailing Party party or Parties parties shall be entitled to recover reasonable attorneys' fees and other reasonable costs actually incurred in connection with such action or proceeding, in addition to any other relief to which it or they may be entitled.

Appears in 1 contract

Sources: Asset Purchase Agreement (Peerless Manufacturing Co)

Cost of Litigation. If any party takes legal action or other proceeding is brought for the enforcement of to enforce this Agreement or because of an alleged dispute, breach, default or misrepresentation in connection with this Agreement or the transactions contemplated herebyAgreement, the successful prevailing party or prevailing Party or Parties shall parties will be entitled to recover recovery of its reasonable attorneys’ fees and other costs incurred in connection with such action or proceeding, in addition to any other relief to which it or they may be entitledaction.

Appears in 1 contract

Sources: Professional Services

Cost of Litigation. If any legal action or other proceeding is brought for the enforcement of this Agreement or because of an alleged dispute, breach, default or misrepresentation in connection with this Agreement or the transactions contemplated herebyTransaction, the successful or prevailing Party or Parties shall be entitled to recover reasonable attorneys’ fees and other costs incurred in connection with such action or proceeding, in addition to any other relief to which it or they may be entitled.

Appears in 1 contract

Sources: Asset Purchase Agreement (Usio, Inc.)

Cost of Litigation. If The prevailing Party in any legal action or other proceeding is brought for the enforcement arising out of or relating to this Agreement or because of an alleged dispute, breach, default or misrepresentation in connection with this Agreement or the transactions contemplated hereby, the successful or prevailing Party or Parties shall be entitled to recover an award of its reasonable attorneys’ fees and other costs incurred in connection with such action or proceeding, in addition to any other relief to which it or they may be entitledtherewith.

Appears in 1 contract

Sources: E Commerce Agreement (Gsi Commerce Inc)

Cost of Litigation. If The prevailing Party in any legal action or other proceeding is brought for the enforcement arising out of or relating to this Agreement or because of an alleged dispute, breach, default or misrepresentation in connection with this Agreement or the transactions contemplated hereby, the successful or prevailing Party or Parties shall be entitled to recover an award of its reasonable attorneys' fees and other costs incurred in connection with such action or proceeding, in addition to any other relief to which it or they may be entitledtherewith.

Appears in 1 contract

Sources: E Commerce Agreement (Gsi Commerce Inc)

Cost of Litigation. If any legal action or other proceeding is brought for the enforcement of this Agreement or because of an alleged dispute, breach, default or misrepresentation in connection with this the Agreement or the transactions Transactions contemplated hereby, the successful or prevailing Party party or Parties parties shall be entitled to recover reasonable attorneys' fees and other costs incurred in connection with such action or proceedingproceedings, in addition to any other relief to which it or they may be entitled.

Appears in 1 contract

Sources: Stock Purchase Agreement (Furia Organization Inc /De/)

Cost of Litigation. If any legal action or other proceeding is brought for the enforcement necessary to enforce any provision of this Agreement or because for damages by reason of an alleged dispute, breach, default or misrepresentation in connection with breach of any provisions of this Agreement or the transactions contemplated hereby(whether in contract, tort, and/or equity), the successful or prevailing Party or Parties shall be entitled to recover reasonable receive from the losing Party all attorneys’ fees fees, costs and other costs incurred expenses in connection with such action or proceeding, in addition amount as the courts may determine to any other relief to which it or they may be entitledreasonable.

Appears in 1 contract

Sources: Agreement for Progressive Design Build Services

Cost of Litigation. If any legal action or other proceeding is brought for the enforcement of this Agreement or because of an alleged dispute, breach, default or misrepresentation in connection with this Agreement or the transactions contemplated hereby, the successful or prevailing Party party or Parties parties shall be entitled to recover reasonable attorneys' fees and other costs incurred in connection with such action or proceeding, in addition to any other relief to which it or they may be entitled, subject to Section 6.01.

Appears in 1 contract

Sources: Purchase and Sale Agreement (Petro Stopping Centers L P)

Cost of Litigation. If any legal action or other proceeding is brought for the enforcement necessary to enforce any provision of this Agreement or because for damages by reason of an alleged dispute, breach, default or misrepresentation in connection with breach of any provisions of this Agreement (whether in contract, tort, or the transactions contemplated herebyboth), the successful or prevailing Party or Parties shall be entitled to recover reasonable receive from the losing Party all attorneys’ fees fees, costs and other costs incurred expenses in connection with such action or proceeding, in addition amount as the courts may determine to any other relief to which it or they may be entitledreasonable.

Appears in 1 contract

Sources: Professional Services Agreement

Cost of Litigation. If any legal action or other proceeding is brought for the enforcement of this Agreement or because of an alleged dispute, breach, default or misrepresentation in connection with this Agreement or the transactions Transactions contemplated hereby, the successful or prevailing Party or Parties shall be entitled to recover reasonable attorneys' fees and other costs incurred in connection with such action or proceeding, in addition to any other relief to which it or they may be entitled.

Appears in 1 contract

Sources: Asset Purchase Agreement (Cliffs Drilling Co)

Cost of Litigation. If any legal action or other proceeding is brought for the enforcement of this Agreement or because of an alleged dispute, breach, default or misrepresentation in connection with this Agreement or the transactions contemplated hereby, the successful or prevailing Party party or Parties parties shall be entitled to recover reasonable attorneys' fees and other costs incurred in connection with such action or proceeding, in addition to any other relief to which it or they may be entitled.

Appears in 1 contract

Sources: Asset Purchase Agreement (American International Industries Inc)