Costs of Arbitration. The cost of the arbitrator and other incidental costs of arbitration that would not be incurred in a court proceeding shall be borne by the Company. The parties shall each bear their own costs and attorneys’ fees in any arbitration proceeding, provided, however, that the arbitrator shall have the authority to require either party to pay the costs and attorneys’ fees of the other party to the extent permitted under applicable federal or state law, as a part of any remedy that may be ordered.
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Samples: Employment Agreement (Landmark Apartment Trust of America, Inc.), Employment Agreement (Landmark Apartment Trust of America, Inc.), Employment Agreement (ECC Capital CORP)
Costs of Arbitration. The cost of the arbitrator and other incidental costs of arbitration that would not be incurred in a court proceeding shall be borne by the Company. The parties shall each bear their own costs and attorneys’ fees in any arbitration proceeding, provided, however, that in the arbitrator event of a termination in connection with a Change in Control (as defined in Section 5.8, above) the Company shall have the authority to require either party to pay the Executive’s costs of arbitration and attorneys’ attorneys fees of the other party to the extent permitted under applicable federal or state law, as a part of any remedy that may be orderedin accordance with Section 5.8(c)(ii) above.
Appears in 5 contracts
Samples: Employment Agreement (Medicis Pharmaceutical Corp), Employment Agreement (Medicis Pharmaceutical Corp), Employment Agreement (Medicis Pharmaceutical Corp)
Costs of Arbitration. The cost of the arbitrator and other incidental costs of arbitration that would not be incurred in a court proceeding shall be borne by the Company. The parties shall each bear their own costs and attorneys’ fees in any arbitration proceeding, provided, however, that the arbitrator shall have the authority to require either party to pay the costs and attorneys’ fees of the other party to the extent permitted under applicable federal or state law, law as a part of any remedy that may be ordered.
Appears in 2 contracts
Samples: Employment Agreement (Peplin Inc), Employment Agreement (Peplin Inc)
Costs of Arbitration. The Employer shall pay the costs of the arbitration proceeding, such as the cost of the arbitrator arbitrator. Each party will bear its own attorneys' fees and other incidental the costs of arbitration that would not be incurred in a court proceeding shall be borne by the Company. The parties shall each bear their own costs preparation and attorneys’ fees in any arbitration proceedingpresentation of its case, provided, however, except that the arbitrator shall have the authority to require either party to pay the may, in his or her discretion, award reasonable attorneys' fees and costs and attorneys’ fees of the other party to the extent permitted under applicable federal or state law, as a part of any remedy that may be orderedprevailing party.
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Samples: Document Executive Employment Agreement (Anacomp Inc)
Costs of Arbitration. The cost of the arbitrator and other incidental costs of arbitration that would not be incurred in a court proceeding shall be borne by the Company. The parties shall each bear their own costs and attorneys’ fees in any arbitration proceeding, provided, provided however, that the arbitrator shall have the authority to require either party to pay the costs and attorneys’ fees of the other party to during the extent arbitration, as is permitted under applicable federal or state law, as a part of any remedy that may be ordered.
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Costs of Arbitration. The cost of the arbitrator and other incidental costs of arbitration that would not be incurred in a court proceeding shall be borne by the Company. The parties Parties shall each bear their own costs and attorneys’ fees in any arbitration proceeding, provided, provided however, that the arbitrator shall have the authority to require either party to pay the costs and attorneys’ fees of the other party to during the extent arbitration, as is permitted under applicable federal or state law, as a part of any remedy that may be ordered.
Appears in 1 contract
Samples: Separation Agreement and Full Mutual Release of All Claims (American Apparel, Inc)
Costs of Arbitration. The cost of the arbitrator and other incidental costs of arbitration that would not be incurred in a court proceeding shall be borne by the Company. The parties shall each bear their own costs and own attorneys’ fees in any arbitration proceeding, provided, however, that in the arbitrator event of a termination in connection with a Change in Control (as defined in Section 5.8, above) the Company shall have the authority to require either party to pay the Executive’s costs of arbitration and attorneys’ attorneys fees of the other party to the extent permitted under applicable federal or state law, as a part of any remedy that may be orderedin accordance with Section 5.8(c)(ii) above.
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Costs of Arbitration. The cost of the arbitrator and other incidental costs of arbitration that would not be incurred in a court proceeding shall be borne by the Company. The parties shall each bear their own costs and attorneys’ fees in any arbitration proceeding, provided, however, that the arbitrator shall have the authority to require either party to pay the costs and attorneys’ fees of the other party to the extent permitted under applicable federal or state law, as a part of any remedy that may be ordered.
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