Attorneys’ Fees – Prevailing Party. If any party brings an action in connection with the preservation of rights under this Agreement, or the enforcement of, or breach or threatened breach of any term or covenant of this Agreement, then to the extent permitted by law, the prevailing party shall be entitled to recover from the other party his or its reasonable attorneys’ fees and expenses incurred therefor.
Attorneys’ Fees – Prevailing Party. Should any proceeding be commenced between the parties to this Agreement seeking to enforce any of its provisions the prevailing party in such proceeding shall be entitled, in addition to such other relief as may be granted, to a reasonable sum for attorneys' fees and all legal expenses and fees incurred on appeal and all interest thereon. For the purposes of this provision, "prevailing party" shall include a party which dismisses an action for recovery hereunder in exchange for payment of the sum allegedly due, performance of covenants allegedly breached, or consideration substantially equal to the relief sought in the action or proceeding.
Attorneys’ Fees – Prevailing Party. In the event a lawsuit is filed or litigation initiated by any party hereto with respect to this Agreement or the breach thereof by any party, then the prevailing party, in such case, shall be entitled to recover as part of its judgment or award, its reasonable attorneys’ fees and expenses incurred in connection with that litigation.
Attorneys’ Fees – Prevailing Party. In the event of any litigation arising under this Agreement, the prevailing party shall be entitled to the recovery of all court costs and attorneys’ fees inclusive of court costs and attorneys’ fees incurred in any appellate proceedings. EACH PARTY HERETO KNOWINGLY, VOLUNTARILY, AND INTENTIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY WITH RESPECT TO ANY LITIGATION (INCLUDING, BUT NOT LIMITED TO, ANY CLAIMS, CROSS-CLAIMS, COUNTER-CLAIMS, OR THIRD PARTY CLAIMS) ARISING OUT OF, UNDER, OR IN CONNECTION WITH THIS AGREEMENT OR BETWEEN THE PARTIES TO THIS AGREEMENT, THEIR AFFILIATES, SUBSIDIARIES, SUCCESSORS, OR ASSIGNS AND IRRESPECTIVE OF WHETHER SUCH LITIGATION ARISES OUT OF THIS AGREEMENT, BY STATUTE, OR AS A MATTER OF TORT LAW AND THE PARTIES HERETO EXPRESSLY CONSENT TO A NON-JURY TRIAL IN THE EVENT OF ANY OF THE FOREGOING.
Attorneys’ Fees – Prevailing Party. In any action or proceeding or motion between or among the Parties hereto at law or in equity with respect to, pertaining to, or arising from the settlement, including this Settlement Agreement or any document referred to herein, whether for enforcement, or for damages by reason of any alleged breach, or for a declaration of rights or obligations, or otherwise, and including any appeal, contempt proceeding, bankruptcy proceeding, and any action or proceeding to enforce and/or collect any judgment or other relief granted, whether or not such action or proceeding is compromised or is prosecuted to final judicial determination (collectively “Litigation”), the unsuccessful party to the Litigation shall pay to the prevailing party, in addition to any other relief that may be granted, all costs and expenses of the Litigation, including, without limitation, the prevailing party’s actual attorneys’ fees and expenses. “Attorneys’ fees and expenses” includes, without limitation, paralegals’ fees and expenses, attorneys’ consultants’ fees and expenses, expert witnesses’ fees and expenses, and all other expenses incurred by the prevailing party’s attorneys in the course of their representation of the prevailing party in anticipation of and/or during the course of the Litigation, whether or not otherwise recoverable as “attorney’s fees” or as “costs” under California law; and the same may be sought and awarded in accordance with California procedure as pertaining to an award of contractual attorneys’ fees. The Court in the Action retains jurisdiction pursuant to California Code of Civil Procedure section 664.6.
Attorneys’ Fees – Prevailing Party. Should any proceeding be commenced between the parties to this Agreement seeking to enforce any of its provisions, the prevailing party in such proceeding shall be entitled, in addition to such other relief as may be granted, to reasonable fees and disbursements of counsel incurred in connection with such proceeding as a consequence of a claim or defense asserted by the other party in bad faith. For the purposes of this provision, "prevailing party" shall include a party which dismisses an action for recovery hereunder in exchange for payment of the sum allegedly due, performance of covenants allegedly breached, or consideration substantially equal to the relief sought in the action or proceeding.
Attorneys’ Fees – Prevailing Party. The attorneys' fees and ----------------------------------- other related costs of the prevailing party in any action, proceeding or lawsuit arising out of or relating to this Contract shall be paid by the non-prevailing party in such action, proceeding or lawsuit upon demand of such prevailing party.
Attorneys’ Fees – Prevailing Party. Except as set forth in ---------------------------------------------- Section 15(b), all disputes arising under this contract will be resolved by ------------- submission to binding arbitration at the Washington D.C. offices of Judicial Arbitration & Mediation Services, Inc. ("JAMS"). If JAMS is unable to arbitrate ---- the dispute, then the dispute will be arbitrated at the Washington D.C. offices of the American Arbitration Association ("AAA"). No party shall commence an --- arbitration proceeding unless such party shall first give a written notice ("Dispute Notice") to the other parties setting forth the nature of the dispute. If the parties cannot agree on the selection of an arbitrator within twenty (20) days after delivery of the Dispute Notice, the arbitrator will be selected by JAMS or AAA, as the case may be. Except as specifically modified by this clause, the Commercial Arbitration Rules of the AAA will apply to all arbitrations before JAMS and the AAA. Except as specifically modified by this clause, Virginia law, including Virginia evidence law, shall be applied to determine all arbitrated issues. Virginia discovery law will apply to provide all discovery available in Virginia Superior Court cases. Judgment upon an arbitration award may be entered in any court having competent jurisdiction and shall be binding, final and nonappealable. Should any proceeding be commenced between the parties to this Agreement seeking to enforce any of its provisions, the prevailing party in such proceeding shall be entitled, in addition to such other relief as may be granted, to a reasonable sum for attorneys' fees and all legal expenses and fees incurred on appeal and all interest thereon. For the purposes of this provision, "prevailing party" shall include a party which ---------------- dismisses an action for recovery hereunder in exchange for payment of the sum allegedly due, performance of covenants allegedly breached, or consideration substantially equal to the relief sought in the action or proceeding.
