Attorneys' Fees; Arbitration. In the event of any litigation or arbitration regarding the rights and obligations under this Agreement the prevailing party shall be entitled to recover, in addition to damages, reasonably attorney's fees, expert witness fees and court costs. Any controversy or claim arising out of this Agreement shall be settled by arbitration in accordance with the rules of the American Arbitration Association for the arbitration of commercial disputes, and judgement on the award rendered by the Arbitrator(s) may be entered in any court having jurisdiction. the prevailing party in such arbitration shall be entitled to attorney's fees and costs.
Attorneys' Fees; Arbitration. The parties agree that in the event it becomes necessary to seek judicial remedies for the breach or threatened breach of this Agreement, each party shall bear its own costs and expenses relating to such action or suit. Except as set forth in Section 8(c) or 9(f) of this Agreement, any controversy or claim arising out of or related to (A) this Agreement, (B) the breach thereof, (C) the Executive's employment with the Corporation or the termination of such employment, or (D) Employment Discrimination, shall be settled by arbitration in Birmingham, Alabama before a single arbitrator administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules and, to the extent not inconsistent therewith, National Rules for the Resolution of Employment Disputes, effective as of January 1, 2004 (the "Employment Rules"), and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Notwithstanding the foregoing, Rule R-34 of the AAA's Commercial Arbitration Rules amended and restated as of July 1, 2003 (instead of Rule 27 of the Employment Rules) shall apply to interim measures. References herein to any arbitration rule(s) shall be construed as referring to such rule(s) as amended or renumbered from time to time and to any successor rules. References to the AAA include any successor organization. "Employment Discrimination" means any discrimination against or harassment of the Executive in connection with the Executive's employment with the Corporation or the termination of such employment, including any discrimination or harassment prohibited under federal, state or local statute or other applicable law, including the Age Discrimination in Employment Act, Title VII of the Civil Rights Act of 1964, the Employee Retirement Income Security Act of 1974, the Americans with Disability Act, the Family and Medical Leave Act, the Fair Labor Standards Act, or any similar federal, state or local statute.
Attorneys' Fees; Arbitration. (a) Subject to Section 6.9(b) hereof, if any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to recover its reasonable attorneys' fees, costs and disbursements in addition to any other relief to which such party may be entitled.
Attorneys' Fees; Arbitration. 19.11.1 If any legal action is necessary to enforce the terms of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees and court costs in addition to any other relief the prevailing party may be entitled to. Any controversy or dispute arising out of this Agreement, including the interpretation of any of the provisions hereof, shall be submitted to arbitration in Orange County, California, under the commercial arbitration rules then in effect of the American Arbitration Association. Any award or decision obtained from any such arbitration proceeding shall be final and binding on the parties, and judgment upon any award thus obtained may be entered in any court having jurisdiction thereof. No action at law or in equity based upon any claim arising out of or rotated to this Agreement shall be instituted in any court by any party hereto except (a) an action to compel arbitration pursuant to this Paragraph, or (b) an action to enforce an award obtained in an arbitration proceeding in accordance with this paragraph.
Attorneys' Fees; Arbitration. Any dispute with respect to this Agreement shall be resolved by binding arbitration upon the written request of either party hereto, at its option, and in accordance with the Commercial Arbitration Rules of the American Arbitration Association. Judgment upon the award rendered may be entered in any court having jurisdiction thereof. Notwithstanding the foregoing, nothing herein shall prohibit a party hereto from seeking injunctive relief in a court having jurisdiction thereof. All costs, fees and expenses relating to the arbitration shall be allocated among the parties in accordance with the determination made by the arbitrator(s).
Attorneys' Fees; Arbitration. 10. In the event any litigation or controversy, including arbitration, arises out of or in connection with this Agreement between the parties hereto, the prevailing party in such litigation, arbitration or controversy, shall be entitled to recover from the other party or parties, all reasonable attorneys' fees, expenses and suit costs, including those associated within the appellate or post judgment collection proceedings. Any dispute or disagreement arising out of this Agreement shall be fully and finally resolved through binding arbitration, before a single arbitrator in Philadelphia, Pennsylvania in accordance with the rules of the American Arbitration Association governing commercial disputes. In the event that the parties cannot agree upon a single arbitrator, the arbitrator shall be a retired judge of the Philadelphia District Court upon ex parte application by any party on 72 hours notice to the other party(ies). The costs of the Arbitration including without limitation, the fees of the arbitrator (but excluding each party's attorney's fees) shall be initially shared equally by the parties but may be awarded by the arbitrator as additional damages in favor of the prevailing party. The Arbitrator shall apply Pennsylvania law in reaching his decision. The decision of the arbitrator shall be binding and nonappealable. Governing Law
Attorneys' Fees; Arbitration. In any action or proceeding brought to enforce any provision of this Agreement or the other Purchase Documents, or where any provision hereof or thereof is validly asserted as a defense, the successful party shall be entitled to recover reasonable attorneys' fees in addition to any other available remedy. Any dispute or controversy arising under or in connection with this Agreement shall be settled exclusively by arbitration, conducted before a panel of three arbitrators, sitting in a location selected by mutual agreement within twenty (20) miles from the location of the Buyer, in accordance with the rules for commercial arbitration of the American Arbitration Association then if effect. Judgment may be entered on the arbitrator's award in any court having jurisdiction.
Attorneys' Fees; Arbitration. In the event any litigation or controversy, including arbitration, arises out of or in connection with this Agreement between the parties hereto, the prevailing party in such litigation, arbitration or controversy, shall be entitled to recover from the other party or parties, all reasonable attorneys' fees, expenses and suit costs, including those associated within the appellate or post judgment collection proceedings. Any dispute or disagreement arising out of this Agreement shall be fully and finally resolved through binding arbitration in accordance with the rules of the American Arbitration Association governing commercial disputes. The costs of the Arbitration including without limitation, the fees of the arbitrator (but excluding each party's attorney's fees) shall be initially shared equally by the parties but may be awarded by the arbitrator as additional damages in favor of the prevailing party. The decision of the arbitrator shall be binding and nonappealable.
Attorneys' Fees; Arbitration. In the event it is necessary to take legal action to collect monies due and owing pursuant to this Agreement, such legal action shall be by way of binding Arbitration, which shall take place in Utah utilizing a single Arbitrator. The Arbitration shall take place under the auspices of either the American Arbitration Association or JAMS, at the election of the party commencing Arbitration. The prevailing party in the Arbitration will be entitled to attorneys' fees and Arbitration expenses incurred, in addition to any other relief sought. In the event such action is necessary to collect monies due pursuant to this Agreement, the reasonable value of the Consultant's time and expenses spent for such collection action, calculated according to the Consultant's prevailing fees schedule and expense policies, shall also be awarded by the Arbitrator. Only legal action to collect monies due and owing pursuant to this Agreement shall be resolved by way of Arbitration. Any other legal proceedings of any kind or nature whatsoever shall be brought in the appropriate Court of law having competent jurisdiction and each party, including the prevailing party, must bear its own costs and attorneys' fees, in that event.
Attorneys' Fees; Arbitration. In the event that a dispute arises between the parties regarding or relating to this Agreement, the prevailing party shall be entitled to recover the full amount of their attorneys' fees, expert fees and costs incurred in connection with such dispute. Any dispute between the parties hereof shall be submitted to arbitration under the rules of the American Arbitration Association in the office of such association handling matters arising in the City and County of Denver, State of Colorado.
