Common use of Allocation of Costs of Resolving Claim Clause in Contracts

Allocation of Costs of Resolving Claim. Each Party shall share equally all fees, expenses and charges payable to the mediator(s) and all fees, expenses and charges payable to the arbitrator(s) and the arbitration firm for conducting the arbitration proceeding. Under no circumstances, however, shall any Party be entitled to recover any of its attorneys’ fees, expenses or other mediation or arbitration costs (except to the extent specifically provided under the Act), from any other Party. BY CLOSING ON THE UNIT AND AS A MEMBER OF THE ASSOCIATION, BUYER ACKNOWLEDGES AND AGREES THAT BUYER AND THE ASSOCIATION HAVE WAIVED AND SHALL BE DEEMED TO HAVE WAIVED THE RIGHT TO ANY AWARD OF ATTORNEYS’ FEES OR EXPENSES (EXCEPT AS SPECIFICALLY PROVIDED UNDER THE ACT) IN CONNECTION WITH THE ARBITRATION OF A CLAIM UNDER THIS SECTION 8.4. The limitation described above on awarding attorneys’ fees and expenses shall not apply to enforcement actions undertaken pursuant to Section 8.4.6 below or any other provision of this Contract.