Disputes; Attorneys’ Fees. In the event of any litigation arising out of this Lease, the prevailing party shall be entitled to recover from the other party, in addition to all other relief provided by law or judgement, its reasonable costs and attorneys' fees incurred both at and in preparation for trial and any appeal or review, such amount to be as determined by the court(s) before which the matter is heard. Disputes between the parties which are to be litigated shall be tried before a judge without a jury.
Disputes; Attorneys’ Fees. Should any dispute arise concerning the terms or the interpretations of this Agreement, and such dispute results in arbitration and/or litigation then, unless otherwise directed by the court, the prevailing party shall be entitled to and be awarded reasonable attorneys' fees and costs in addition to any other relief to which it may be entitled.
Disputes; Attorneys’ Fees. Except in the case of Employer's right to seek injunctive relief under Section 22(d) and Section 24(b) of this Agreement, the parties mutually agree to submit any controversy or claim arising out of or proceeding forth from or relating to this Agreement or its breach to be settled by arbitration (which may be binding if the parties mutually agree at the time). Such arbitration shall be held in the County of Seminole, State of Florida, utilizing the procedure and arbitrators acquainted with the American Arbitration Association rules and procedure for arbitration. If binding arbitration, judgment upon award rendered may be entered and enforced in any court of competent jurisdiction. In the event any dispute arises under the terms hereof, Employer shall continue to pay Employee the Base Salary and benefits to which he is entitled hereunder until such time that a final determination is made by an arbitrator hereunder; PROVIDED, HOWEVER, that if it is determined that the termination of Employee's employment was justified, the Employee hereby undertakes and agrees to repay to the Employer the amount of Base Salary that was paid by Employer during the arbitration procedure. The non-prevailing party shall be responsible for the prevailing party's reasonable legal fees and costs (including post-judgment collection fees and costs).
Disputes; Attorneys’ Fees. In the event that any dispute between the parties hereto should result in litigation or arbitration, (i) such dispute shall be brought in the courts of Wilmington, Delaware or in the United States District Court for the District of Delaware, or shall be conducted before an arbitrator in Wilmington, Delaware, as applicable, and (ii) the prevailing party in such dispute shall be entitled to recover from the other party all reasonable fees, costs and expenses of enforcing any right of the prevailing party, including without limitation, reasonable attorneys’ fees and expenses, all of which shall be deemed to have accrued upon the commencement of such action and shall be paid whether or not such action is prosecuted to judgment. Any judgment or order entered in such action shall contain a specific provision providing for the recovery of attorneys’ fees and costs incurred in enforcing such judgment and an award of prejudgment interest from the date of the breach at the maximum rate of interest allowed by law. For the purposes of this Section 14.10: (a) attorneys’ fees shall include, without limitation, fees incurred in the following: (i) post-judgment motions, (ii) contempt proceedings, (iii) garnishment, levy, and debtor and third party examinations, (iv) discovery, and (v) bankruptcy litigation; and (b) “prevailing party” shall mean the party who is determined in the proceeding to have prevailed or who prevails by dismissal, default or otherwise.
Disputes; Attorneys’ Fees. In any action under this Agreement, including litigation, the party which prevails will have all attorneys' fees and costs paid by the losing party.
Disputes; Attorneys’ Fees. (a) In the event of any dispute between or among any of the Company, the Member and any of the Managers arising out of or relating to the existence, application, construction, interpretation, breach, termination or validity of this Agreement (a “Dispute”), then for a period of fifteen (15) days from receipt of notice (the “Resolution Period”), the parties to such Dispute shall attempt to amicably settle such Dispute. If an amicable settlement cannot be reached by the disputing parties during the Resolution Period, then any party to such Dispute shall have the right, but only within sixty (60) days following the end of the Resolution Period, to submit such Dispute to final and binding arbitration administered by the International Court of Arbitration of the International Chamber of Commerce (the “ICC Court”) in accordance with its rules of arbitration then in effect (the “ICC Rules”), except as modified by this Section 10.07. There shall be three arbitrators. The arbitrators shall be impartial, and the presiding arbitrator shall be a retired Delaware Chancery Court judge or Delaware Supreme Court justice, if reasonably available. The arbitrators shall be selected as follows: (i) the party submitting the Dispute to arbitration shall at the same time as it submits such Dispute also request the ICC Court to provide a slate of six (6) potential arbitrators (two of whom shall be retired Delaware Chancery Court judges or Delaware Supreme Court justices, if available) to the parties to the Dispute from which the parties to the Dispute shall select three (3) arbitrators and shall designate one (1) arbitrator from among those three (3) arbitrators as the presiding arbitrator; and (ii) in the event that the parties fail to agree in writing on either the selection of three (3) arbitrators or the presiding arbitrator within five (5) Business Days of receiving the slate of potential arbitrators from the ICC Court, the ICC Court will select the three (3) arbitrators and the presiding arbitrator who will hear and render a decision on the Dispute. Any such arbitration shall be held, and the award rendered in, New York, New York and shall be conducted in English. Each party in such Dispute shall bear its own fees, costs and expenses. The arbitral tribunal shall render its reasoned decision no later than ninety (90) days from the date on which it completes its hearing of the Dispute. Any decision or award of the tribunal shall be final and binding upon the parties to the arb...
Disputes; Attorneys’ Fees. In the event of a dispute arising from or related to this Agreement, the prevailing Party in any proceeding to enforce this Agreement or to resolve the dispute shall be entitled to recover its expenses incurred in the proceeding, including reasonable attorneys’ fees. Any dispute that is not settled to the mutual satisfaction of the Parties within the applicable notice or cure periods provided in this Agreement shall be brought in the courts of the United States or of the State of California and the parties hereto agrees that any action, claim, or dispute arising out of or related to this Agreement will be instituted exclusively in one of the above specified courts.
Disputes; Attorneys’ Fees. If and whenever any dispute or question shall arise between the Lessor and Lessees touching these presents or anything herein contained, or in the construction hereof, or the rights, duties and liabilities of either party in relation to the premises, the matter in difference shall be settled by arbitration in the following manner: each party to this agreement shall appoint an arbitrator. If the two arbitrators so appointed cannot agree within five (5) days after their appointment, they will select a third arbitrator. The decision in writing of the three arbitrators, or any two of them, shall be final and binding upon the parties herein, who shall conform to and abide by said decision. If either party fails to appoint an arbitrator within five (5) days after notice in writing requiring them to do so, the arbitrator appointed by the other party shall act for both, and their decision in writing shall be final and binding upon both parties as if he had been appointed by consent and both parties hereto shall conform to and comply therewith. In determining any right of the Lessor to possession of the demised premises the Lessor may, at their option, resort to arbitration or may employ the remedies provided by Law.
Disputes; Attorneys’ Fees. In the event that any dispute between the parties hereto should result in litigation or arbitration, (i) such dispute shall be brought in the courts of
Disputes; Attorneys’ Fees. Each Party shall bear its own attorney's fees and costs, if any, incurred in implementing the terms of this Agreement. Any claims or disputes relating to or arising out of this Agreement or the interpretation or enforcement hereof shall be submitted for resolution to a court of competent jurisdiction. The prevailing party in any dispute relating to or arising out of this Agreement, or the interpretation hereof, shall be entitled to recover from the non-prevailing party all legal fees incurred in connection therewith, both pre-suit and at all trial and appellate levels. Venue for any action relating to or arising out of this Agreement shall be in Xxxxxxx County, Florida, to the exclusion of any and all other venue.
