Dispute Expenses. § 15.5.1 In the event of any dispute relating to this Agreement the Work or the Project, whether such dispute is resolved through arbitration or through judicial process, the prevailing party shall recover from the other party, the prevailing party’s “Dispute Expenses” incurred in arbitration, at trial or on appeal or review from a decision or determination in arbitration or following trial, including without limitation any proceeding under the US Bankruptcy Code. For purposes of this Agreement, the term “Dispute Expenses” shall include a recovery for the following items of expense: reasonable attorney and paralegal fees, reasonable fees for expert witnesses and consultants, costs for providing discovery materials, costs for creation of mediation or trial materials (including, without limitation, photographs, exhibits, analyses, diagrams, or plans) and a reasonable reimbursement for employed staff time incurred with respect to handling any such claim to completion. All the foregoing items shall be in addition to any statutory award of costs and fees provided under Oregon law. The foregoing provisions recognize the significant expenditure of public funds by the Owner under this Agreement and the necessity of the Owner to recoup expenses associated with recovering public money for breaches of this Agreement, for non-complying Work or for warranty or contractual claims.
Dispute Expenses. § 15.5.1 In the event of any dispute relating to this Agreement the Work or the Project, whether such dispute is resolved through arbitration or through judicial process, the prevailing party shall recover from the other party, the prevailing party’s “Dispute Expenses” incurred in arbitration, at trial or on appeal or review from a decision or determination in arbitration or following trial, including without limitation any proceeding under the US Bankruptcy Code. For purposes of this Agreement, the term “Dispute Expenses” shall include a recovery for the following items of expense: reasonable attorney and paralegal fees, reasonable fees for expert witnesses and consultants, costs for providing discovery materials, costs for creation of mediation or trial materials (including, without limitation, photographs, exhibits, analyses, diagrams, or plans) and a reasonable reimbursement for employed staff time incurred with respect to handling any such claim to completion. All the foregoing items shall be in addition to any statutory award of costs and fees provided under Oregon law. The foregoing provisions recognize the significant expenditure of public funds by the Owner under this Agreement and the necessity of the Owner to recoup expenses associated with recovering public money for breaches of this Agreement, for non-complying Work or for warranty or contractual claims. XX-XXXX Contract Documents in Order of Precedence
1. AIA A101-2017 (modified) Contract
2. AIA A201-2017 (modified) General Conditions
3. [ITB or RFP XX-XXXX] including any Addenda incorporated by reference.
4. Specifications incorporated by reference.
5. Drawings incorporated by reference.
6. [Contractor] Bid. The Beaverton School District recognizes the diversity and worth of all individuals and groups. It is the policy of the Beaverton School District that there will be no discrimination or harassment of individuals or groups based on race, color, religion, gender, sexual orientation, gender identity, gender expression, national origin, marital status, age, veterans' status, genetic information or disability in any educational programs, activities or employment. UNCONDITIONAL RELEASE ON PROGRESS PAYMENT CONDITIONAL RELEASE ON PROGRESS PAYMENT The undersigned does hereby acknowledge that upon receipt by the undersigned of a check from $ for labor, services, equipment and materials, and covering all events, conditions and occurrences, on the above-referenced job, and when the check has been pr...
Dispute Expenses. Borrower and Lender each agree to pay to the opposing prevailing party, upon demand, reasonable attorneys’ fees and all costs and other expenses which the prevailing party expends or incurs in any dispute or litigation over any matters described in this Agreement, including but not limited to the collection, or defense against collection, of any amounts claimed to be payable by Borrower hereunder or in the enforcement of this Agreement against Borrower, whether or not suit is filed.
Dispute Expenses. Notwithstanding any other provision in this Agreement to the contrary, the Company shall indemnify Indemnitee against all expenses incurred by Indemnitee in connection with any hearing or proceeding between the Company and Indemnitee involving the interpretation or enforcement of the rights of Indemnitee under this Agreement unless a court of competent jurisdiction finds that each of the material claims and/or defenses of Indemnitee in any such proceeding was frivolous or not made in good faith.
Dispute Expenses. Subject to a court order to the contrary, each Party will bear their own attorneys’ fees and costs incurred in the event of any suit, hearing, mediation or litigation proceeding brought to enforce or construe the provisions of this Agreement.
Dispute Expenses. In the event of a dispute between GEOK and Sellers with respect to the distribution of the Deposit, the prevailing party shall be entitled to be reimbursed by the other party for all reasonable costs, including attorneys fees, incurred as a result of such dispute.
Dispute Expenses. If an Employee is subpoenaed to give genuinely relevant evidence in a legitimate claim directly arising under this Agreement or in relation to the NES, after the dispute resolution procedure has been followed and that claim is determined by a court or a tribunal in favour of the applicant then the Company will:
(a) reimburse the Employee for any reasonable costs incurred by that Employee for travel, food and accommodation upon the submission of receipts; and
(b) pay for the Employee's attendance at the court or tribunal on any of the Employee’s rostered working days per the Employee’s minimum annualised rate of pay.
Dispute Expenses. If a party prevails in any action, suit, counterclaim, appeal, arbitration, mediation or other proceeding for any relief (collectively “Action”) to enforce the terms of this Agreement or to declare rights hereunder, the other party shall pay the sum incurred for ordinary and necessary attorneys’ fees and costs in connection with such Action or enforcing the same in addition to any damages and costs which the prevailing party otherwise would be entitled regardless of whether such action is prosecuted to a final judgment or award.
Dispute Expenses. In the event of any dispute relating to this Agreement the Work or the Project, whether such dis mediation or through judicial process, the prevailing party shall recover from the other p party’s “Dispute Expenses” incurred in mediation, at trial or on appeal or review from a decisi mediation or following trial, including without limitation any proceeding under the US Ba lved through evailing mination in Code. For purposes of this Agreement, the term “Dispute Expenses” shall include a recovery for the following items of expense: reasonable attorney and paralegal fees, reasonable fees for expert witnesses and consultants, costs for providing discovery materials, costs for creation or mediation or trial materials (including, without limitation, photographs, exhibits, analyses, diagrams, or plans) and a reasonable reimbursement for employed staff time incurred with respect to handling any such claim to completion. All the foregoing items shall be in addition to any statutory award of costs and fees provided under Oregon law. The foregoing provisions recognize the significant expenditure of public funds by the Owner under this Agreement and the necessity of the Owner to recoup expenses associated with recovering public money for breaches of this Agreement, for non-complying Work or for warranty or contractual claims.
Dispute Expenses. The Purchaser and the Seller shall each pay the fees and disbursements of their separate Representatives incurred in the initial preparation, review and final determination of the Adjustment Amount. All fees and expenses relating to the work, if any, to be performed by the Accountants shall be borne fifty percent (50%) by the Seller and fifty percent (50%) by the Purchaser.
