Disputes and Litigation Costs Sample Clauses

Disputes and Litigation Costs. No dispute arising under this Agreement will relieve Grower of its obligation to deliver and sell, or Winery of its obligation to accept and pay for Grapes under this Agreement pending disposition of the dispute. If a dispute arises out of or relating to this Agreement or an alleged breach thereof, the parties will endeavor in good faith to settle the dispute without litigation (except to enforce compliance with this Section). However if the parties cannot settle such dispute, Winery and Grower will submit the matter to binding arbitration under the rules of the J.A.M.S., and will be conducted by a single arbitrator in Napa County. In addition, if any legal action or arbitration between the parties for the enforcement of this Agreement or because of any alleged dispute, breach, default or misrepresentation about this Agreement, the prevailing party will be entitled to an award or judgment of reasonable attorneys fees and other costs incurred by reason the action or arbitration, in addition to any other relief to which the party may be entitled. 13 13It is common to include so-called “alternative dispute resolution” provisions in an Agreement. These might be implemented in three stages: 1) the parties meet and confer to address any issues; 2) mediation by a third party; or 3) arbitration. Mediation is not binding and the mediator does not render a decision, but rather tries to find common ground between the parties to resolve the dispute. Arbitration is most commonly binding and may be judicially enforced. Alternative dispute resolution does give up some of the procedural protections and procedural clarity that apply to litigation. Note that, even if alternative dispute resolution is utilized, it is still important to follow the other procedural requirements of the agreement in terms of notice, rejection, etc.
Sample 1
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Related to Disputes and Litigation Costs

  • ATTORNEYS’ FEES AND LITIGATION EXPENSES 16. Lead Counsel will apply to the Court for a collective award of attorneys’ fees to Plaintiffs’ Counsel to be paid solely from (and out of) the Settlement Fund. Lead Counsel also will apply to the Court for payment or reimbursement of Litigation Expenses, which may include a request for reimbursement of Lead Plaintiff’s costs and expenses directly related to its representation of the Settlement Class, to be paid solely from (and out of) the Settlement Fund. Lead Counsel’s application for an award of attorneys’ fees and/or Litigation Expenses is not the subject of any agreement between Defendants and Lead Plaintiff other than what is set forth in this Stipulation.

  • Disputes and Claims Failure to file such a protest within the time specified shall constitute agreement on the part of the Contractor with the terms, conditions, amounts and adjustments or non- adjustment to the contract price and/or contract time set forth in the field order.

  • Litigation Costs If any legal action or other proceeding is brought for the enforcement of this Agreement or to remedy its breach, the prevailing party in such action or proceeding shall be entitled to recover its actual attorney's fees and other costs incurred in the action or proceeding, in addition to such other relief to which it may be entitled.

  • Arbitration Costs 1. The expenses and fees of the arbitrator, and the cost (if any) of the hearing room, will be shared equally by the parties.

  • Disputes and Law I1 Governing Law and Jurisdiction

  • DISPUTES AND GRIEVANCES Section 1. This Agreement is intended to provide close cooperation between management and labor. Each of the Unions will assign a representative to this Project for the purpose of completing the construction of the Project economically, efficiently, continuously, and without interruptions, delays, or work stoppages.

  • Costs of Litigation The parties agree that the prevailing party in any action brought with respect to or to enforce any right or remedy under this Agreement shall be entitled to recover from the other party or parties all reasonable costs and expenses of any nature whatsoever incurred by the prevailing party in connection with such action, including without limitation reasonable attorneys' fees and prejudgment interest.

  • Resolution of disputes and grievances (a) For the purpose of this clause 14, a dispute includes a grievance.

  • Litigation and Claims No litigation, claim, investigation, administrative proceeding or similar action (including those for unpaid taxes) against Borrower is pending or threatened, and no other event has occurred which may materially adversely affect Borrower’s financial condition or properties, other than litigation, claims, or other events, if any, that have been disclosed to and acknowledged by Lender in writing.

  • Litigation Expenses If either party successfully seeks to enforce any provision of this Agreement or to collect any amount claimed to be due under it, this party will be entitled to reimbursement from the other party for any and all of its out-of-pocket expenses and costs including, without limitation, reasonable attorneys' fees and costs incurred in connection with the enforcement or collection.

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