Common use of Cost of Arbitration Clause in Contracts

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: Supply Agreement (Volcano CORP), Investment Agreement (Avi Biopharma Inc), License and Development Agreement (Avi Biopharma Inc)

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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), License and Development Agreement (Avi Biopharma Inc), Investment 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 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), Executive Purchase Agreement (Choice One Communications Inc)

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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)

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)

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