COST OF DISPUTE. RESOLUTION The cost of any mediation proceeding shall be shared equally by the parties participating. The prevailing party in any dispute that goes beyond mediation arising out of or relating to this Agreement or its breach shall be entitled to recover from the other party reasonable attorneys' fees, costs and expenses incurred by the prevailing party in connection with such dispute.
Appears in 2 contracts
Samples: Subcontract Agreement, Subcontract Agreement
COST OF DISPUTE. RESOLUTION The cost of any mediation proceeding shall be shared equally by the parties participating. The prevailing party in any dispute that goes beyond mediation arising out of or relating to this Agreement or its breach that is resolved by arbitration designated in the Subcontract Documents shall be entitled to recover from the other party reasonable attorneys' fees, costs and expenses incurred by the prevailing party in connection with such disputedispute resolution process. The prevailing party shall be entitled to all (not a pro-rata share based on percentage of the amount recovery as compared to amount of claim) of its attorneys’ fees and costs associated with arbitrating the matter.
Appears in 2 contracts
Samples: Master Subcontract Agreement, Master Subcontract Agreement
COST OF DISPUTE. RESOLUTION The cost of any mediation proceeding shall be shared equally by the parties participating. The prevailing party in any dispute that goes beyond mediation arising out of or relating to this Agreement or its breach that is resolved by a dispute resolution procedure designated in the Contract Documents shall be entitled to recover from the other party those reasonable attorneys' ’ fees, costs and expenses incurred by the prevailing party in connection with such disputedispute resolution process after direct discussions and mediation.
Appears in 1 contract
Samples: Services Subcontract Agreement
COST OF DISPUTE. RESOLUTION Resolution The cost of any mediation proceeding shall be shared equally by the parties participating. The prevailing party in any dispute that goes beyond mediation arising out of or relating to this Agreement or its breach that is resolved by a dispute resolution procedure designated in the Subcontract Documents shall be entitled to recover from the other party those reasonable attorneys' ’ fees, costs and expenses incurred by the prevailing party in connection with such disputedispute resolutionprocess after direct discussions and mediation.
Appears in 1 contract
Samples: Subcontract Agreement
COST OF DISPUTE. RESOLUTION The cost of any mediation proceeding shall be shared equally by the parties participating. The prevailing party in any dispute that goes beyond mediation arising out of or relating to this Agreement or its breach that is resolved by the dispute resolution process set forth in Paragraph 14.3, shall be entitled to recover from the other party those reasonable attorneys' ’ fees, costs and expenses incurred by the the prevailing party in connection with such disputedispute resolution process.
Appears in 1 contract
Samples: Design Build Agreement (Midland Co)