Common use of ATTORNEY FEES IN ACTION TO ENFORCE OR MODIFY AGREEMENT Clause in Contracts

ATTORNEY FEES IN ACTION TO ENFORCE OR MODIFY AGREEMENT. ______Except as to reserved issues, the prevailing party in any action or proceeding to enforce or modify any provision of this agreement, or any corresponding provision of a subsequent judgment into which the provision is merged, shall be awarded reasonable attorney fees and costs. For the moving party to be deemed the prevailing party for purposes of this provision, at least ten (10) days before the filing of any motion he or she must provide written notice to the other party specifying the alleged breach or default, if capable of being cured, or the modification requested. The other party must then be allowed to avoid implementation of this provision by curing the breach or default specified or executing an agreement for the modification requested during the ten-day period.

ATTORNEY FEES IN ACTION TO ENFORCE OR MODIFY AGREEMENT. ______Except as to reserved issues, the prevailing party in any action or proceeding to enforce or modify any provision of this agreement, or any corresponding provision of a subsequent judgment into which the provision is merged, shall be awarded reasonable attorney fees and costs. For the moving party to be deemed the prevailing party for purposes of this provision, at least ten (10) days before the filing filing of any motion he or she must provide written notice to the other party specifying the alleged breach or default, if capable of being cured, or the modification modification requested. The other party must then be allowed to avoid implementation of this provision by curing the breach or default specified specified or executing an agreement for the modification modification requested during the ten-day period.