Obligation to Pay Attorney Fees and Costs. Pennypacker understands and agrees that if he violates any of the commitments he has made in this Agreement, the Company may seek to recover all payments and/or the value of the benefits provided in paragraphs 3.a. thru 3.f. of this Agreement, with the exception of Ten Thousand Dollars ($10,000), and that, except as provided in paragraph 15, he will be responsible for paying the actual attorney fees and costs incurred by the Company in successfully enforcing this Agreement, defending a claim released by paragraph 5, or in successfully defending an action brought under this Agreement by Pennypacker.

Similarly, the Company understands and agrees that if it violates any of the commitments it has made in this Agreement, it will be responsible for paying the actual attorney fees and costs incurred by Pennypacker in successfully enforcing this Agreement or in successfully defending an action brought under this Agreement by the Company.