Common use of Location and Costs Clause in Contracts

Location and Costs. The arbitrator may decide that an in-person hearing is unnecessary and that he or she can resolve a Claim based on the documents submitted by the parties and/or through a telephone hearing. However, any arbitration hearing that you attend will take place in a location that is reasonably convenient for you. We will consider any good faith request you make for us to pay the administrator's or arbitrator's filing, administrative, hearing and/or other fees if you cannot obtain a waiver of such fees from the administrator and we will not seek or accept reimbursement of any such fees we agree to pay. We will also pay any fees or expenses we are required by law to pay or that we must pay in order for this Arbitration Provision to be enforced. We will pay the reasonable fees and costs you incur for your attorneys, experts and witnesses if you are the prevailing party in an arbitration proceeding or if we are required to pay such amounts by applicable law or by the administrator's rules. The arbitrator shall not limit the attorney fees and costs to which you are entitled because your Claim is for a small amount. Notwithstanding any language in this Arbitration Provision to the contrary, if the arbitrator finds that any Claim or defense is frivolous or asserted for an Improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the arbitrator may award attorney and other fees related to such Claim or defense to the injured party so long as such power does not impair the enforceability of this Arbitration Provision.

Appears in 2 contracts

Samples: Rental Purchase Agreement, Rental Purchase Agreement

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Location and Costs. The arbitrator may decide that an in-person hearing is unnecessary and that he or she can resolve a Claim based on the documents papers submitted by the parties and/or through a telephone hearing. However, any arbitration hearing that you attend will take place in a location that is reasonably convenient for you. We will consider any good faith request you make for us to pay the administrator's ’s or arbitrator's ’s filing, administrative, hearing and/or other fees if you cannot obtain a waiver of such fees from the administrator and we will not seek or accept reimbursement of any such fees we agree to pay. We will also pay any fees or expenses we are required by law to pay or that we must pay in order for this Arbitration Provision to be enforced. We will pay the reasonable fees and costs you incur for your attorneys, experts and witnesses if you are the prevailing party in an arbitration proceeding Proceeding or if we are required to pay such amounts by applicable law or by the administrator's ’s rules. The arbitrator shall not limit the attorney attorneys’ fees and costs to which you are entitled because your Claim is for a small amount. Notwithstanding any language in this Arbitration Provision to the contrary, if the arbitrator finds that any Claim or defense is frivolous or asserted for an Improper improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the arbitrator may award attorney attorneys’ and other fees related to such Claim or defense to the injured party so long as such power does not impair the enforceability of this Arbitration Provision.

Appears in 1 contract

Samples: Credit Agreement (FlexShopper, Inc.)

Location and Costs. The arbitrator may decide that an in-person hearing is unnecessary and that he or she can resolve a Claim based on the documents papers submitted by the parties and/or through a telephone hearing. However, any arbitration hearing that you attend will take place in a location that is reasonably reasonable and convenient for you. We will consider any good faith request you make for us to pay the administrator's administrators or arbitrator's filing, administrative, administrative hearing and/or other fees if you cannot obtain a waiver of such fees from the administrator and we will not seek or accept reimbursement of any such fees we agree to pay. We will also pay any fees or expenses we are required by law to pay or that we must pay in order for this Arbitration Provision to be enforced. We will pay the reasonable fees and costs you incur for your attorneys, experts and witnesses if you are the prevailing party in an arbitration proceeding Arbitration Proceeding or if we are required to pay such amounts by applicable law or by the administrator's rules. The arbitrator shall not limit the attorney attorneys' fees and costs to which you are entitled because your Claim is for a small amount. Notwithstanding any language in this Arbitration Provision to the contrary, if the arbitrator finds that any Claim or defense is frivolous or asserted for an Improper improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the arbitrator may award attorney attorneys' and other fees related to such Claim or defense to the injured party so long as such power does not impair the enforceability of this Arbitration Provision.

Appears in 1 contract

Samples: Lease With Purchase Rights

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Location and Costs. The arbitrator may decide that an in-person hearing is unnecessary and that he or she can resolve a Claim based on the documents papers submitted by the parties and/or through a telephone hearing. However, any arbitration hearing that you attend will take place in a location that is reasonably convenient for you. We will consider any good faith request you make for us to pay the administrator's Administrator’s or arbitrator's ’s filing, administrative, hearing and/or other fees if you cannot obtain a waiver of such fees from the administrator Administrator and we will not seek or accept reimbursement of any such fees we agree to pay. We will also pay any fees or expenses we are required by law to pay or that we must pay in order for this Arbitration Provision to be enforced. We will pay the reasonable fees and costs you incur for your attorneys, experts and witnesses if you are the prevailing party in an arbitration proceeding Proceeding or if we are required to pay such amounts by applicable law or by the administrator's Administrator’s rules. The arbitrator shall not limit the attorney attorneys’ fees and costs to which you are entitled because your Claim is for a small amount. Notwithstanding any language in this Arbitration Provision to the contrary, if the arbitrator finds that any Claim or defense is frivolous or asserted for an Improper improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure Pro cedure 11(b)), then the arbitrator may award attorney attorneys’ and other fees related to such Claim or defense to the injured party so long as such power does not impair the enforceability of this Arbitration Provision.

Appears in 1 contract

Samples: Loan Agreement

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