Defendant May be a Prevailing Party. The Parties acknowledge and agree that, in certain circumstances, a Party that is a defendant in litigation filed by the other Party, that acts in a purely defensive manner and that does not assert a counterclaim against the Party plaintiff may be a prevailing Party in the litigation that is entitled to an award of Litigation Costs by the Court.
Appears in 7 contracts
Samples: Indefinite Delivery of Structural Inspections and Review Services Agreement, Material Testing and Inspection Services Agreement, Project Controls and Analytic Services Agreement
Defendant May be a Prevailing Party. The Parties acknowledge and agree that, in certain circumstances, a Party that is a defendant in litigation filed by the other Party, that acts in a purely defensive manner and that does not assert a counterclaim against the Party plaintiff may be a prevailing Party in the litigation that is entitled to an award of Litigation Costs by the Court.
Appears in 2 contracts
Samples: Planning Services Agreement, Program Management/Construction Management Services Agreement
