Cost of Arbitration. The cost of each arbitration proceeding, including without limitation the arbitrators’ compensation and expenses, hearing room charges, court reporter transcript charges etc., shall be borne by the party whom the arbitrators determine has not prevailed in such proceeding, or borne equally by the parties if the arbitrators determine that neither party has prevailed. The arbitrators shall also award the party that prevails substantially in its pre-hearing position its reasonable attorneys’ fees and costs incurred in connection with the arbitration. The arbitrators are specifically instructed to award attorneys’ fees for instances of abuse of the discovery process.
Appears in 6 contracts
Samples: Option to Distribute Agreement (Volcano CORP), License and Development Agreement (Avi Biopharma Inc), Supply Agreement (Avi Biopharma Inc)
Cost of Arbitration. The cost of each arbitration proceeding, including without limitation the arbitrators’ ' compensation and expenses, hearing room charges, court reporter transcript charges charges, etc., shall be borne by the party whom the arbitrators determine has not prevailed in such proceeding, or borne equally by allocated among the parties if based upon the arbitrators determine that neither percentage which the portion of the contested amount not awarded to each party has prevailedbears to the amount actually contested by such party. The arbitrators shall also award the party that prevails substantially in its pre-hearing position its reasonable attorneys’ ' fees and costs incurred in connection with the arbitration. The arbitrators are specifically instructed to award attorneys’ ' fees for instances of abuse of the discovery process.
Appears in 6 contracts
Samples: Executive Purchase Agreement (Allegiance Telecom Inc), Executive Purchase Agreement (Allegiance Telecom Inc), Executive Purchase Agreement (Allegiance Telecom Inc)
Cost of Arbitration. The cost of each arbitration proceeding, including without limitation the arbitrators’ ' compensation and expenses, hearing room charges, court reporter transcript charges etc., shall be borne by the party whom the arbitrators determine has not prevailed in such proceeding, or borne equally by the parties if the arbitrators determine that neither party has prevailed. The arbitrators shall also award the party that prevails substantially in its pre-hearing position its reasonable attorneys’ ' fees and costs incurred in connection with the arbitration. The arbitrators are specifically instructed to award attorneys’ ' fees for instances of abuse of the discovery process.
Appears in 5 contracts
Samples: Supply Agreement (Avi Biopharma Inc), Investment Agreement (Avi Biopharma Inc), License and Development Agreement (Avi Biopharma Inc)
Cost of Arbitration. The cost of each arbitration proceeding, including without limitation the arbitrators’ ' compensation and expenses, hearing room charges, court reporter transcript charges charges, etc., shall be borne by the party whom the arbitrators determine has not prevailed in such proceeding, or borne equally by allocated among the parties if based upon the arbitrators determine that neither percentage which the portion of the Contested Amount not awarded to each party has prevailedbears to the amount actually contested by such party. The arbitrators shall also award the party that prevails substantially in its pre-hearing position its reasonable attorneys’ ' fees and costs incurred in connection with the arbitration. The arbitrators are specifically instructed to award attorneys’ ' fees and expenses for instances of abuse of the discovery process. All costs of arbitration shall be paid initially 50% by the LLC (or after the dissolution of the LLC, the Corporation) and 50% by the Executive pending the determination of the arbitrators pursuant to the previous sentences.
Appears in 4 contracts
Samples: Executive Purchase Agreement (Choice One Communications Inc), Executive Purchase Agreement (Choice One Communications Inc), Executive Purchase Agreement (Choice One Communications Inc)
Cost of Arbitration. The cost of each arbitration proceedingproceedings, including without limitation the arbitrators’ compensation and expenses, hearing room charges, court reporter transcript charges etc., shall be borne by the party whom parties equally or otherwise as the arbitrators determine has not prevailed in such proceeding, or borne equally by the parties if the arbitrators determine that neither party has prevailedmay determine. The arbitrators shall also may award the prevailing party that prevails substantially in its pre-hearing position its reasonable attorneys’ fees and costs incurred in connection with the arbitration. The arbitrators are specifically instructed to award attorneys’ fees for instances of abuse of in the discovery process.
Appears in 4 contracts
Samples: Employment Agreement (Rush Enterprises Inc \Tx\), Employment Agreement (Rush Enterprises Inc \Tx\), Employment Agreement (Rush Enterprises Inc \Tx\)
Cost of Arbitration. The cost of each arbitration proceedingproceedings, including without limitation the arbitrators’ arbitrator's compensation and expenses, hearing room chargesAIII-0 00 xxxxxxx, court reporter xxxxx xxxorter transcript charges etc., shall be borne by the party whom parties equally or otherwise as the arbitrators determine has not prevailed in such proceeding, or borne equally by the parties if the arbitrators determine that neither party has prevailedarbitrator may determine. The arbitrators shall also arbitrator may award the prevailing party that prevails substantially in its pre-hearing position its reasonable attorneys’ ' fees and costs incurred in connection with the arbitration. The arbitrators are arbitrator is specifically instructed to award attorneys’ ' fees for instances of abuse of in the discovery process.
Appears in 2 contracts
Samples: License Agreement (Ilex Oncology Inc), License Agreement (Ilex Oncology Inc)
Cost of Arbitration. The cost of each arbitration proceeding, including without limitation the arbitrators’ ' compensation and expenses, hearing room charges, court reporter transcript charges charges, etc., shall be borne by the party whom the arbitrators determine has not prevailed in such proceeding, or borne equally by allocated among the parties if based upon the arbitrators determine that neither percentage which the portion of the Contested Amount not awarded to each party has prevailedbears to the amount actually contested by such party. The arbitrators shall also award the party that prevails substantially in its pre-pre- hearing position its reasonable attorneys’ ' fees and costs incurred in connection with the arbitration. The arbitrators are specifically instructed to award attorneys’ ' fees and expenses for instances of abuse of the discovery process. All costs of arbitration shall be paid initially 50% by the LLC (or after the dissolution of the LLC, the Corporation) and 50% by the Executive pending the determination of the arbitrators pursuant to the previous sentences.
Appears in 2 contracts
Samples: Executive Purchase Agreement (Choice One Communications Inc), 15 Executive Purchase Agreement (Choice One Communications Inc)
Cost of Arbitration. The cost of each arbitration proceeding, ------------------ including without limitation the arbitrators’ ' compensation and expenses, hearing room charges, court reporter transcript charges etc., shall be borne by the party whom the arbitrators determine has not prevailed in such proceeding, or borne equally by the parties if the arbitrators determine that neither party has prevailed. The arbitrators shall also award the party that prevails substantially in its pre-hearing position its reasonable attorneys’ ' fees and costs incurred in connection with the arbitration. The arbitrators are specifically instructed to award attorneys’ ' fees for instances of abuse of the discovery process.
Appears in 1 contract
Samples: Acquisition Agreement (Cardima Inc)
Cost of Arbitration. The cost of each arbitration proceeding, ------------------- including without limitation the arbitrators’ ' compensation and expenses, hearing room charges, court reporter transcript charges charges, etc., shall be borne by the party whom the arbitrators determine has not prevailed in such proceeding, or borne equally by the parties if the arbitrators determine that neither party has prevailed. The arbitrators shall also award the party that prevails substantially in its pre-hearing position its reasonable attorneys’ ' fees and costs incurred in connection with the arbitration. The arbitrators are specifically instructed to award attorneys’ ' fees for instances of abuse of the discovery process.
Appears in 1 contract
Samples: Investment Agreement (Advanced Tissue Sciences Inc)