Common use of Court Guidelines Clause in Contracts

Court Guidelines. It is the Parties’ intent that this provision for the award of Litigation Costs will not be inflexibly enforced by the Court and that that the ultimate form of judgment rendered in the case is not necessarily controlling but must give way to equitable considerations. The Court must compare the relief awarded on the claims and defenses asserted in the litigation with the Parties’ demands on those same claims and defenses and their litigation objectives, as disclosed by the pleadings, trial briefs, opening statements and similar sources. The prevailing party determination, including instances where there are multiple prevailing Parties, and the resulting award of Litigation Costs, should be made only upon final resolution of the claims and defenses asserted in the litigation and only by a comparison of the extent to which each Party has succeeded in its contentions.