Common use of COST OF DISPUTE Clause in Contracts

COST OF DISPUTE. RESOLUTION The prevailing party in any dispute arising out of or relating to this Agreement or its breach that is resolved by arbitration or litigation shall be entitled to recover form the other party reasonable attorney’s fees, costs and expenses incurred by the prevailing party in connection with such arbitration or litigation.

Appears in 4 contracts

Samples: Design Build Agreement (Western Dubuque Biodiesel, LLC), Design Build Agreement (Western Dubuque Biodiesel, LLC), Design Build Agreement (Western Iowa Energy, L.L.C.)

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COST OF DISPUTE. RESOLUTION The prevailing party in any dispute arising out of or relating to this Agreement or its breach that is resolved by arbitration or litigation the dispute resolution process set forth in Exhibit A to this Agreement shall be entitled to recover form from the other party those reasonable attorney’s attorneys fees, costs and expenses incurred by the prevailing party in connection with such arbitration or litigationdispute resolution process after direct discussions and mediation.

Appears in 2 contracts

Samples: Phase 1 Design Build Agreement (Pacific Ethanol, Inc.), Design Build Agreement (Pacific Ethanol, Inc.)

COST OF DISPUTE. RESOLUTION The prevailing party in any dispute arising out of or relating to this Agreement or its breach that is resolved by arbitration or litigation the dispute resolution process set forth in Exhibit No. A to this Agreement shall be entitled to recover form from the other party those reasonable attorney’s attorneys fees, costs and expenses incurred by the prevailing party in connection with such arbitration or litigationdispute resolution process after direct discussions and mediation.

Appears in 1 contract

Samples: Design Build Agreement (Pacific Ethanol, Inc.)

COST OF DISPUTE. RESOLUTION The prevailing party in any dispute arising out of or relating to this Agreement or its breach that is resolved by arbitration or litigation shall be entitled to recover form from the other party reasonable attorney’s 's fees, costs and expenses incurred by the prevailing party in connection with such arbitration or litigation.

Appears in 1 contract

Samples: Design Build Agreement (Neose Technologies Inc)

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COST OF DISPUTE. RESOLUTION The prevailing party in any dispute arising out of or relating to this Agreement or its breach that is resolved by arbitration or litigation a binding dispute resolution process shall be entitled to recover form from the other party reasonable attorney’s attorneys' fees, costs and expenses incurred by the prevailing party in connection with such arbitration or litigationdispute resolution process.

Appears in 1 contract

Samples: Construction Contract (Hydrogen Engine Center, Inc.)

COST OF DISPUTE. RESOLUTION The prevailing party in any dispute arising out of or relating to this Agreement or its breach that is resolved by binding arbitration or litigation shall be entitled to recover form from the other party reasonable attorney’s attorneys' fees, costs and expenses incurred by the prevailing party in connection with such arbitration or litigationdispute resolution process.

Appears in 1 contract

Samples: Energy Services Agreement

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