Common use of Costs and Awards Clause in Contracts

Costs and Awards. Each party shall bear its own attorneys’ fees, costs, and disbursements arising out of the arbitration, and shall pay an equal share of the fees and costs of the arbitrators; provided, however, that the arbitrators shall be authorized to determine whether a party is the prevailing party, and if so, to award to that prevailing party reimbursement for its reasonable attorneys’ fees, costs and disbursements (including, for example, expert witness fees and expenses, photocopy charges, travel expenses, etc.), and/or the fees and costs of the arbitrator. Absent the filing of an application to correct or vacate the arbitration award under California Code of Civil Procedure Sections 1285 through 1288.8, each party shall fully perform and satisfy the arbitration award within fifteen (15) days of the service of the award.

Appears in 3 contracts

Samples: Commercial Supply Agreement (Amylin Pharmaceuticals Inc), Commercial Supply Agreement (Amylin Pharmaceuticals Inc), Commercial Supply Agreement (Amylin Pharmaceuticals Inc)

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Costs and Awards. Each party Party shall bear its own attorneys’ fees, costs, and disbursements arising out of the arbitration, and shall pay an equal share of the fees and costs of the arbitratorsarbitrator; provided, however, that the arbitrators arbitrator shall be authorized to determine whether a party Party is the prevailing partyParty, and if so, to award to that prevailing party Party reimbursement for its reasonable attorneys’ fees, costs and disbursements (including, for example, expert witness fees and expenses, photocopy charges, travel expenses, etc.), and/or the fees and costs of the arbitrator. Absent the filing of an application to correct or vacate the arbitration award under California Code of Civil Procedure Sections 1285 through 1288.8, each party Party shall fully perform and satisfy the arbitration award within fifteen (15) 15 days of the service of the award.

Appears in 1 contract

Samples: Reformulation and New Product Agreement (Cypress Bioscience Inc)

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