Prevailing parties clause samples

19.13 Prevailing Parties. in the event Lessor or Lessee is required to obtain the services of an attorney to enforce the provisions of this Lease resulting in litigation, the prevailing party shall be entitled to reimbursement by the other of its reasonable attorney’s fees and costs.

49.Prevailing Parties. In the event of any dispute between Sublandlord and Subtenant in any way related to this Sublease, and whether involving contract and/or tort claims, the non-prevailing party shall pay to the prevailing party all reasonable attorneys’ fees and disbursements, without restriction by statute, court rule or otherwise, incurred by the prevailing party in connection with any action or proceeding (including any appeal and the enforcement of any judgment or award), whether or not the dispute is litigated or prosecuted to final judgment (collectively, “Fees”). The “prevailing party” shall be determined based upon an independent assessment of which party’s major arguments or positions taken in the action or proceeding could fairly be said to have prevailed (whether by compromise, settlement, abandonment by the other party of its claim or defense, final decision, after any appeals, or otherwise) over the other party’s major arguments or positions on major disputed issues. Any Fees incurred in enforcing a judgment shall be recoverable separately from any other amount included in the judgment and shall survive and not be merged in the judgment.

We are obligated to make significant payments to satisfy certain judgments entered against us, including payment of $1,086,186.27 to CRG Finance AG. In the event we are not able to make these payments, the court may foreclose our assets at the request of the prevailing parties. We may not have sufficient assets to pay off the judgments and therefore forced to go bankruptcy. In addition, it will be very difficult to obtain financing with these outstanding judgments.

15.12 Prevailing Parties. In the event of any breach or threatened breach of this Agreement by either party or infringement of any rights of NTP and/or NTP Licensors, if either party employs attorneys or incurs other expenses, the non-prevailing party shall reimburse the prevailing party for its reasonable attorney’s fees and other expenses.