Common use of Payment of Arbitration Fees and Costs Clause in Contracts

Payment of Arbitration Fees and Costs. COMCAST WILL ADVANCE ALL ARBITRATION FILING FEES AND ARBITRATOR’S COSTS AND EXPENSES UPON CUSTOMER’S WRITTEN REQUEST GIVEN PRIOR TO THE COMMENCEMENT OF THE ARBITRATION. CUSTOMER IS RESPONSIBLE FOR ALL ADDITIONAL COSTS THAT CUSTOEMR INCURS IN THE ARBITRATION, INCLUDING, BUT NOT LIMITED TO, FEES FOR ATTORNEYS OR EXPERT WITNESSES. IF THE ARBITRATION PROCEEDING IS DECIDED IN COMCAST’S FAVOR, CUSTOMER SHALL REIMBURSE COMCAST FOR THE FEES AND COSTS ADVANCED TO CUSTOMER ONLY UP TO THE EXTENT AWARDABLE IN A JUDICIAL PROCEEDING. IF THE ARBITRATION PROCEEDING IS DETERMINED IN CUSTOMER’S FAVOR, CUSTOMER WILL NOT BE REQUIRED TO REIMBURSE COMCAST FOR ANY OF THE FEES AND COSTS ADVANCED BY COMCAST. IF A PARTY ELECTS TO APPEAL AN AWARD TO A THREE-ARBITRATOR PANEL, THE PREVAILING PARTY IN THE APPEAL SHALL BE ENTITLED TO RECOVER ALL REASONABLE ATTORNEYS’ FEES AND COSTS INCURRED IN THAT APPEAL. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS ARBITRATION PROVISION, COMCAST WILL PAY ALL FEES AND COSTS THAT IT IS REQUIRED BY LAW TO PAY.

Appears in 8 contracts

Samples: Business Service Order Agreement, Business Services Customer Terms and Conditions, Business Services Customer Terms and Conditions

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Payment of Arbitration Fees and Costs. COMCAST WILL ADVANCE ALL ARBITRATION FILING FEES AND ARBITRATOR’S COSTS AND EXPENSES UPON CUSTOMER’S WRITTEN REQUEST GIVEN PRIOR TO THE COMMENCEMENT OF THE ARBITRATION. CUSTOMER IS RESPONSIBLE FOR ALL ADDITIONAL COSTS THAT CUSTOEMR CUSTOMER INCURS IN THE ARBITRATION, INCLUDING, BUT NOT LIMITED TO, FEES FOR ATTORNEYS OR EXPERT WITNESSES. IF THE ARBITRATION PROCEEDING IS DECIDED IN COMCAST’S FAVOR, CUSTOMER SHALL REIMBURSE COMCAST FOR THE FEES AND COSTS ADVANCED TO CUSTOMER ONLY UP TO THE EXTENT AWARDABLE IN A JUDICIAL PROCEEDING. IF THE ARBITRATION PROCEEDING IS DETERMINED IN CUSTOMER’S FAVOR, CUSTOMER WILL NOT BE REQUIRED TO REIMBURSE COMCAST FOR ANY OF THE FEES AND COSTS ADVANCED BY COMCAST. IF A PARTY ELECTS TO APPEAL AN AWARD TO A THREE-ARBITRATOR PANEL, THE PREVAILING PARTY IN THE APPEAL SHALL BE ENTITLED TO RECOVER ALL REASONABLE ATTORNEYS’ FEES AND COSTS INCURRED IN THAT APPEAL. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS ARBITRATION PROVISION, COMCAST WILL PAY ALL FEES AND COSTS THAT IT IS REQUIRED BY LAW TO PAY.

Appears in 4 contracts

Samples: Business Services Customer Terms and Conditions, Business Services Customer Terms and Conditions, Business Services Customer Terms and Conditions

Payment of Arbitration Fees and Costs. COMCAST SCANA ENERGY WILL ADVANCE PAY ALL ARBITRATION FILING FEES AND ARBITRATOR’S COSTS AND EXPENSES UPON CUSTOMER’S WRITTEN REQUEST GIVEN PRIOR TO THE COMMENCEMENT OF THE ARBITRATIONCOSTS. CUSTOMER IS YOU ARE RESPONSIBLE FOR ALL ADDITIONAL COSTS THAT CUSTOEMR INCURS YOU INCUR IN THE ARBITRATION, INCLUDING, BUT NOT LIMITED TO, ATTORNEY’S FEES FOR ATTORNEYS OR (IF YOU CHOOSE TO BE REPRESENTED BY AN ATTORNEY) AND EXPERT WITNESSESWITNESS FEES. IF THE ARBITRATION PROCEEDING IS DECIDED IN COMCAST’S FAVOR, CUSTOMER YOU SHALL REIMBURSE COMCAST FOR THE FEES AND COSTS ADVANCED TO CUSTOMER ONLY UP TO THE EXTENT AWARDABLE IN A JUDICIAL PROCEEDING. IF THE ARBITRATION PROCEEDING IS DETERMINED IN CUSTOMER’S FAVOR, CUSTOMER WILL NOT BE REQUIRED TO REIMBURSE COMCAST SCANA ENERGY FOR ANY OF THE FILING FEES AND ARBITRATION COSTS ADVANCED PAID BY COMCAST. IF A PARTY ELECTS TO APPEAL AN AWARD TO A THREE-IT UNLESS THE ARBITRATOR PANEL, THE PREVAILING PARTY IN THE APPEAL SHALL BE ENTITLED TO RECOVER ALL REASONABLE ATTORNEYS’ FEES AND COSTS INCURRED IN DETERMINES THAT APPEALYOUR CLAIM WAS FRIVOLOUS. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS ARBITRATION PROVISION, COMCAST SCANA ENERGY WILL PAY ALL FEES AND COSTS THAT IT IS ITS REQUIRED BY LAW TO PAY, INCLUDING PAYMENT OF YOUR ATTORNEY’S FEES AND LITIGATION COSTS IF REQUIRED BY APPLICABLE LAW. IN ADDITION, IF THE ARBITRATION AWARD IS GREATER THAN SCANA ENERGY’S LAST SETTLEMENT OFFER OR IF SCANA ENERGY DID NOT MAKE A SETTLEMENT OFFER, SCANA ENERGY WILL PAY TWICE THE AMOUNT OF YOUR ATTORNEY’S FEES, REIMBURSE THE EXPENSES REASONABLY INCURRED BY YOUR ATTORNEY IN PURSUING YOUR CLAIM AND A $7,500 MINIMUM RECOVERY, PROVIDED, HOWEVER, YOU MAY NOT RECOVER DUPLICATIVE AWARDS OF ATTORNEY’S FEES AND EXPENSES. ALTHOUGH UNDER SOME LAWS SCANA ENERGY MAY HAVE THE RIGHT TO AN AWARD OF ATTORNEY’S FEES AND EXPENSES IF IT PREVAILS, SCANA ENERGY AGREES NOT TO SEEK SUCH AN AWARD.

Appears in 3 contracts

Samples: Terms and Conditions for Natural Gas Service, Terms and Conditions for Natural Gas Service, Deregulated Terms and Conditions

Payment of Arbitration Fees and Costs. COMCAST UC2B WILL ADVANCE ALL ARBITRATION FILING FEES AND ARBITRATOR’S COSTS AND EXPENSES UPON CUSTOMERLANDLORD’S WRITTEN REQUEST GIVEN PRIOR TO THE COMMENCEMENT OF THE ARBITRATION. CUSTOMER XXXXXXXX IS RESPONSIBLE FOR ALL ADDITIONAL COSTS THAT CUSTOEMR LANDLORD INCURS IN THE ARBITRATION, INCLUDING, BUT NOT LIMITED TO, FEES FOR ATTORNEYS OR EXPERT WITNESSES. IF THE ARBITRATION PROCEEDING IS DECIDED IN COMCASTUC2B’S FAVOR, CUSTOMER LANDLORD SHALL REIMBURSE COMCAST UC2B FOR THE FEES AND COSTS ADVANCED TO CUSTOMER ON BEHALF OF LANDLORD ONLY UP TO THE EXTENT AWARDABLE IN A JUDICIAL PROCEEDING. IF THE ARBITRATION PROCEEDING IS DETERMINED IN CUSTOMERLANDLORD’S FAVOR, CUSTOMER LANDLORD WILL NOT BE REQUIRED TO REIMBURSE COMCAST UC2B FOR ANY OF THE FEES AND COSTS ADVANCED BY COMCAST. UC2B. IF A PARTY ELECTS TO APPEAL AN AWARD TO A THREE-ARBITRATOR PANEL, THE PREVAILING PARTY IN THE APPEAL SHALL BE ENTITLED TO RECOVER ALL REASONABLE ATTORNEYS’ FEES AND COSTS INCURRED IN THAT APPEAL. , NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS ARBITRATION PROVISION, COMCAST WILL PAY ALL FEES AND COSTS THAT IT IS REQUIRED BY LAW TO PAY.

Appears in 2 contracts

Samples: Landlord Internet Access Service Agreement, Landlord Internet Access Service Agreement

Payment of Arbitration Fees and Costs. COMCAST i. BRC AND/OR PTD WILL ADVANCE ALL ARBITRATION FILING FEES AND ARBITRATOR’S COSTS AND EXPENSES UPON CUSTOMER’S YOUR WRITTEN REQUEST GIVEN PRIOR TO THE COMMENCEMENT OF THE ARBITRATION. CUSTOMER IS YOU ARE RESPONSIBLE FOR ALL ADDITIONAL COSTS THAT CUSTOEMR INCURS YOU INCUR IN THE ARBITRATION, INCLUDING, BUT NOT LIMITED TO, FEES FOR ATTORNEYS OR EXPERT WITNESSES. ii. IF THE ARBITRATION PROCEEDING IS DECIDED IN COMCASTBRC AND/OR PTD’S FAVOR, CUSTOMER YOU SHALL REIMBURSE COMCAST BRC AND/OR PTD FOR THE FEES AND COSTS ADVANCED TO CUSTOMER YOU ONLY UP TO THE EXTENT AWARDABLE IN A JUDICIAL PROCEEDING. IF THE ARBITRATION PROCEEDING IS DETERMINED IN CUSTOMER’S YOUR FAVOR, CUSTOMER YOU WILL NOT BE REQUIRED TO REIMBURSE COMCAST BRC AND/OR PTD FOR ANY OF THE FEES AND COSTS ADVANCED BY COMCASTBRC AND/OR PTD. iii. IF THE ARBITRATION PROCEEDING IS DECIDED IN YOUR FAVOR, AND THE ARBITRATOR ISSUES YOU AN AWARD THAT IS GREATER THAN THE VALUE OF BRC/PTD’S LAST WRITTEN SETTLEMENT OFFER MADE BEFORE AN ARBITRATOR WAS SELECTED, THEN BRC/PTD WILL: • PAY YOU THE AMOUNT OF THE AWARD OR $10,000 (“THE ALTERNATIVE PAYMENT”), WHICHEVER IS GREATER; AND • PAY YOUR ATTORNEY, IF ANY, TWICE THE AMOUNT OF ATTORNEYS’ FEES, AND REIMBURSE ANY EXPENSES (INCLUDING EXPERT WITNESS FEES AND COSTS) THAT YOUR ATTORNEY REASONABLY ACCRUES FOR INVESTIGATING, PREPARING, AND PURSUING YOUR CLAIM IN ARBITRATION (“THE ATTORNEY PREMIUM”). • IF BRC/PTD DID NOT MAKE A WRITTEN OFFER TO SETTLE THE DISPUTE BEFORE AN ARBITRATOR WAS SELECTED, YOU AND YOUR ATTORNEY WILL BE ENTITLED TO RECEIVE THE ALTERNATIVE PAYMENT AND THE ATTORNEY PREMIUM, RESPECTIVELY, IF THE ARBITRATOR AWARDS YOU ANY RELIEF ON THE MERITS. iv. THE ARBITRATOR MAY MAKE RULINGS AND RESOLVE DISPUTES AS TO THE PAYMENT AND REIMBURSEMENT OF FEES, EXPENSES, AND THE ALTERNATIVE PAYMENT AND THE ATTORNEY PREMIUM AT ANY TIME DURING THE PROCEEDING AND UPON REQUEST FROM EITHER PARTY MADE WITHIN 14 DAYS OF THE ARBITRATOR’S RULING ON THE MERITS. v. IF A PARTY ELECTS TO APPEAL AN AWARD TO A THREE-ARBITRATOR PANEL, THE PREVAILING PARTY IN THE APPEAL SHALL BE ENTITLED TO RECOVER ALL REASONABLE ATTORNEYS’ ATTORNEY’S FEES AND COSTS INCURRED IN THAT APPEAL. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS ARBITRATION PROVISION, COMCAST BRC AND/OR PTD WILL PAY ALL FEES AND COSTS THAT IT IS REQUIRED BY LAW TO PAY.

Appears in 2 contracts

Samples: Residential High Speed Internet Service Agreement, Residential High Speed Internet Service Agreement

Payment of Arbitration Fees and Costs. COMCAST THE COMPANY WILL ADVANCE ALL ARBITRATION FILING FEES AND ARBITRATOR’S COSTS AND EXPENSES UPON CUSTOMER’S YOUR WRITTEN REQUEST GIVEN PRIOR TO THE COMMENCEMENT OF THE ARBITRATION. CUSTOMER IS YOU ARE RESPONSIBLE FOR ALL ADDITIONAL COSTS THAT CUSTOEMR INCURS YOU INCUR IN THE ARBITRATION, INCLUDING, BUT NOT LIMITED TO, FEES FOR ATTORNEYS OR EXPERT WITNESSES. IF THE ARBITRATION PROCEEDING IS DECIDED IN COMCASTTHE COMPANY’S FAVOR, CUSTOMER YOU SHALL REIMBURSE COMCAST THE COMPANY FOR THE FEES AND COSTS ADVANCED TO CUSTOMER YOU ONLY UP TO THE EXTENT AWARDABLE IN A JUDICIAL PROCEEDING. IF THE ARBITRATION PROCEEDING IS DETERMINED IN CUSTOMER’S YOUR FAVOR, CUSTOMER YOU WILL NOT BE REQUIRED TO REIMBURSE COMCAST THE COMPANY FOR ANY OF THE FEES AND COSTS ADVANCED BY COMCASTTHE COMPANY. IF A PARTY ELECTS TO APPEAL AN AWARD TO A THREE-THREE- ARBITRATOR PANEL, THE PREVAILING PARTY IN THE APPEAL SHALL BE ENTITLED TO RECOVER ALL REASONABLE ATTORNEYS’ FEES AND COSTS INCURRED IN THAT APPEAL. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS ARBITRATION PROVISION, COMCAST THE COMPANY WILL PAY ALL FEES AND COSTS THAT IT IS REQUIRED BY LAW TO PAY.

Appears in 2 contracts

Samples: Xfinity Home Control Services Agreement, Xfinity Home Control Services Agreement

Payment of Arbitration Fees and Costs. COMCAST SELLER WILL ADVANCE PAY ALL ARBITRATION FILING FEES AND ARBITRATOR’S COSTS AND EXPENSES UPON CUSTOMER’S WRITTEN REQUEST GIVEN PRIOR TO THE COMMENCEMENT OF THE ARBITRATION'S COSTS. CUSTOMER BUYER IS RESPONSIBLE FOR ALL ADDITIONAL COSTS THAT CUSTOEMR BUYER INCURS IN THE ARBITRATION, INCLUDING, BUT NOT LIMITED TO, ATTORNEY'S FEES FOR ATTORNEYS OR (IF BUYER ELECTS TO BE REPRESENTED BY AN ATTORNEY), COSTS OF LITIGATION AND EXPERT WITNESSESWITNESS FEES. IF THE ARBITRATION PROCEEDING IS DECIDED IN COMCAST’S FAVOR, CUSTOMER BUYER SHALL REIMBURSE COMCAST FOR THE FEES AND COSTS ADVANCED TO CUSTOMER ONLY UP TO THE EXTENT AWARDABLE IN A JUDICIAL PROCEEDING. IF THE ARBITRATION PROCEEDING IS DETERMINED IN CUSTOMER’S FAVOR, CUSTOMER WILL NOT BE REQUIRED TO REIMBURSE COMCAST SELLER FOR ANY OF THE FILING FEES AND ARBITRATION COSTS ADVANCED PAID BY COMCAST. IF A PARTY ELECTS TO APPEAL AN AWARD TO A THREE-IT UNLESS THE ARBITRATOR PANEL, THE PREVAILING PARTY IN THE APPEAL SHALL BE ENTITLED TO RECOVER ALL REASONABLE ATTORNEYS’ FEES AND COSTS INCURRED IN DETERMINES THAT APPEALBUYER’S CLAIM WAS FRIVOLOUS. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS ARBITRATION PROVISION, COMCAST SELLER WILL PAY ALL FEES AND COSTS THAT IT IS REQUIRED BY LAW TO PAY, INCLUDING PAYMENT OF BUYER’S ATTORNEY'S FEES AND LITIGATION COSTS IF REQUIRED BY APPLICABLE LAW. IN ADDITION, IF THE ARBITRATION AWARD IS GREATER THAN SELLER'S LAST SETTLEMENT OFFER OR IF SELLER DID NOT MAKE A SETTLEMENT OFFER, SELLER WILL PAY TWICE THE AMOUNT OF BUYER’S ATTORNEY'S FEES, REIMBURSE THE EXPENSES REASONABLY INCURRED BY BUYER’S ATTORNEY IN PURSUING BUYER’S CLAIM AND A $7,500 MINIMUM RECOVERY, PROVIDED, HOWEVER, BUYER MAY NOT RECOVER DUPLICATIVE AWARDS OF ATTORNEY'S FEES AND EXPENSES. ALTHOUGH UNDER SOME LAWS SELLER MAY HAVE THE RIGHT TO AN AWARD OF ATTORNEY'S FEES AND EXPENSES IF IT PREVAILS, SELLER AGREES NOT TO SEEK SUCH AN AWARD.

Appears in 1 contract

Samples: Consolidated Billing Agreement

Payment of Arbitration Fees and Costs. COMCAST WILL ADVANCE ALL ARBITRATION FILING FEES AND ARBITRATOR’S COSTS AND EXPENSES UPON CUSTOMER’S WRITTEN REQUEST GIVEN PRIOR TO THE COMMENCEMENT OF THE ARBITRATION. CUSTOMER IS RESPONSIBLE FOR ALL ADDITIONAL COSTS THAT CUSTOEMR CUSTOMER INCURS IN THE ARBITRATION, INCLUDING, BUT NOT LIMITED TO, FEES FOR ATTORNEYS OR EXPERT WITNESSES. IF THE ARBITRATION PROCEEDING IS DECIDED IN COMCAST’S FAVOR, CUSTOMER SHALL REIMBURSE COMCAST FOR THE FEES AND COSTS ADVANCED TO CUSTOMER ONLY UP TO THE EXTENT AWARDABLE IN A JUDICIAL PROCEEDING. IF THE ARBITRATION PROCEEDING IS DETERMINED IN CUSTOMER’S FAVOR, CUSTOMER WILL NOT BE REQUIRED TO REIMBURSE COMCAST FOR ANY OF THE FEES AND COSTS ADVANCED BY COMCAST. IF A PARTY ELECTS TO APPEAL AN AWARD TO A THREE-THREE- ARBITRATOR PANEL, THE PREVAILING PARTY IN THE APPEAL SHALL BE ENTITLED TO RECOVER ALL REASONABLE ATTORNEYS’ FEES AND COSTS INCURRED IN THAT APPEAL. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS ARBITRATION PROVISION, COMCAST WILL PAY ALL FEES AND COSTS THAT IT IS REQUIRED BY LAW TO PAY.

Appears in 1 contract

Samples: Terms and Conditions

Payment of Arbitration Fees and Costs. COMCAST SCANA ENERGY WILL ADVANCE PAY ALL ARBITRATION FILING FEES AND ARBITRATOR’S COSTS AND EXPENSES UPON CUSTOMER’S WRITTEN REQUEST GIVEN PRIOR TO THE COMMENCEMENT OF THE ARBITRATIONCOSTS. CUSTOMER IS YOU ARE RESPONSIBLE FOR ALL ADDITIONAL COSTS THAT CUSTOEMR INCURS YOU INCUR IN THE ARBITRATION, INCLUDING, BUT NOT LIMITED TO, ATTORNEY’S FEES FOR ATTORNEYS OR (IF YOU CHOOSE TO BE REPRESENTED BY AN ATTORNEY) AND EXPERT WITNESSESWITNESS FEES. IF THE ARBITRATION PROCEEDING IS DECIDED IN COMCAST’S FAVOR, CUSTOMER YOU SHALL REIMBURSE COMCAST FOR THE FEES AND COSTS ADVANCED TO CUSTOMER ONLY UP TO THE EXTENT AWARDABLE IN A JUDICIAL PROCEEDING. IF THE ARBITRATION PROCEEDING IS DETERMINED IN CUSTOMER’S FAVOR, CUSTOMER WILL NOT BE REQUIRED TO REIMBURSE COMCAST SCANA ENERGY FOR ANY OF THE FILING FEES AND ARBITRATION COSTS ADVANCED PAID BY COMCAST. IF A PARTY ELECTS TO APPEAL AN AWARD TO A THREE-IT UNLESS THE ARBITRATOR PANEL, THE PREVAILING PARTY IN THE APPEAL SHALL BE ENTITLED TO RECOVER ALL REASONABLE ATTORNEYS’ FEES AND COSTS INCURRED IN DETERMINES THAT APPEALYOUR CLAIM WAS FRIVOLOUS. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS ARBITRATION PROVISION, COMCAST SCANA ENERGY WILL PAY ALL FEES AND COSTS THAT IT IS REQUIRED BY LAW TO PAY, INCLUDING PAYMENT OF YOUR ATTORNEY’S FEES AND LITIGATION COSTS IF REQUIRED BY APPLICABLE LAW. IN ADDITION, IF THE ARBITRATION AWARD IS GREATER THAN SCANA ENERGY’S LAST SETTLEMENT OFFER OR IF SCANA ENERGY DID NOT MAKE A SETTLEMENT OFFER, SCANA ENERGY WILL PAY TWICE THE AMOUNT OF YOUR ATTORNEY’S FEES, REIMBURSE THE EXPENSES REASONABLY INCURRED BY YOUR ATTORNEY IN PURSUING YOUR CLAIM AND A $7,500 MINIMUM RECOVERY, PROVIDED, HOWEVER, YOU MAY NOT RECOVER DUPLICATIVE AWARDS OF ATTORNEY’S FEES AND EXPENSES. ALTHOUGH UNDER SOME LAWS SCANA ENERGY MAY HAVE THE RIGHT TO AN AWARD OF ATTORNEY’S FEES AND EXPENSES IF IT PREVAILS, SCANA ENERGY AGREES NOT TO SEEK SUCH AN AWARD.

Appears in 1 contract

Samples: Terms and Conditions for Natural Gas Service

Payment of Arbitration Fees and Costs. COMCAST THE PARTY INITIATING THE ARBITRATION WILL ADVANCE ALL ARBITRATION FILING FEES AND ARBITRATOR’S COSTS AND EXPENSES UPON CUSTOMER’S WRITTEN REQUEST GIVEN PRIOR TO THE COMMENCEMENT OF THE ARBITRATIONEXPENSES. CUSTOMER EACH PARTY IS RESPONSIBLE FOR ALL ADDITIONAL COSTS THAT CUSTOEMR SUCH PARTY INCURS IN THE ARBITRATION, INCLUDING, BUT NOT LIMITED TO, FEES FOR ATTORNEYS ATTORNEYS' OR EXPERT WITNESSES. IF THE ARBITRATION PROCEEDING IS DECIDED IN COMCAST’S FAVORFAVOR OF THE PARTY INITIATING THE ARBITRATION, CUSTOMER THE OTHER PARTY SHALL REIMBURSE COMCAST FOR THE FEES AND COSTS ADVANCED TO CUSTOMER ONLY UP TO THE EXTENT AWARDABLE IN A JUDICIAL PROCEEDING. IF THE ARBITRATION PROCEEDING IS NOT DETERMINED IN CUSTOMER’S FAVORFAVOR OF THE PARTY INITIATING THE ARBITRATION, CUSTOMER WILL THE OTHER PARTY SHALL NOT BE REQUIRED TO REIMBURSE COMCAST THE OTHER FOR ANY OF THE FEES AND COSTS ADVANCED BY COMCASTTELONIUM. IF A PARTY ELECTS TO APPEAL AN AWARD TO A THREE-ARBITRATOR PANEL, THE PREVAILING PARTY IN THE APPEAL SHALL BE ENTITLED TO RECOVER ALL REASONABLE ATTORNEYS’ FEES AND COSTS INCURRED IN THAT APPEAL. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS ARBITRATION PROVISION, COMCAST TELONIUM WILL PAY ALL FEES AND COSTS THAT IT IS REQUIRED BY LAW TO PAY.IS

Appears in 1 contract

Samples: Terms of Service

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Payment of Arbitration Fees and Costs. COMCAST SURF INTERNET WILL ADVANCE ALL ARBITRATION FILING FEES AND ARBITRATOR’S COSTS AND EXPENSES UPON CUSTOMER’S YOUR WRITTEN REQUEST GIVEN PRIOR TO THE COMMENCEMENT OF THE ARBITRATION. CUSTOMER IS YOU ARE RESPONSIBLE FOR ALL ADDITIONAL COSTS THAT CUSTOEMR INCURS YOU INCUR IN THE ARBITRATION, INCLUDING, BUT NOT LIMITED TO, FEES FOR ATTORNEYS OR EXPERT WITNESSES. IF THE ARBITRATION PROCEEDING IS DECIDED IN COMCAST’S SURF INTERNET FAVOR, CUSTOMER YOU SHALL REIMBURSE COMCAST SURF INTERNET FOR THE FEES AND COSTS ADVANCED TO CUSTOMER YOU ONLY UP TO THE EXTENT AWARDABLE IN A JUDICIAL PROCEEDING. IF THE ARBITRATION PROCEEDING IS DETERMINED IN CUSTOMER’S YOUR FAVOR, CUSTOMER YOU WILL NOT BE REQUIRED TO REIMBURSE COMCAST SURF INTERNET FOR ANY OF THE FEES AND COSTS ADVANCED BY COMCASTSURF INTERNET. IF A PARTY ELECTS TO APPEAL AN AWARD TO A THREE-ARBITRATOR PANEL, THE PREVAILING PARTY IN THE APPEAL SHALL BE ENTITLED TO RECOVER ALL REASONABLE ATTORNEYS’ FEES AND COSTS INCURRED IN THAT APPEAL. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS ARBITRATION PROVISION, COMCAST SURF INTERNET WILL PAY ALL FEES AND COSTS THAT IT IS REQUIRED BY LAW TO PAY.

Appears in 1 contract

Samples: Residential Services Agreement

Payment of Arbitration Fees and Costs. COMCAST CHARGEPOINT WILL ADVANCE ALL ARBITRATION FILING FEES AND ARBITRATOR’S 'S COSTS AND EXPENSES UPON CUSTOMER’S YOUR WRITTEN REQUEST GIVEN PRIOR TO THE COMMENCEMENT OF THE ARBITRATION. CUSTOMER IS YOU ARE RESPONSIBLE FOR ALL ADDITIONAL COSTS THAT CUSTOEMR INCURS YOU INCUR IN THE ARBITRATION, INCLUDING, BUT NOT LIMITED TO, FEES FOR ATTORNEYS OR EXPERT WITNESSES. IF THE ARBITRATION PROCEEDING IS DECIDED IN COMCAST’S CHARGEPOINT'S FAVOR, CUSTOMER YOU SHALL REIMBURSE COMCAST CHARGEPOINT FOR THE FEES AND COSTS ADVANCED TO CUSTOMER YOU ONLY UP TO THE EXTENT AWARDABLE IN A JUDICIAL PROCEEDING. IF THE ARBITRATION PROCEEDING IS DETERMINED IN CUSTOMER’S YOUR FAVOR, CUSTOMER YOU WILL NOT BE REQUIRED TO REIMBURSE COMCAST CHARGEPOINT FOR ANY OF THE FEES AND COSTS ADVANCED BY COMCASTCHARGEPOINT. IF A PARTY ELECTS TO APPEAL AN AWARD TO A THREE-ARBITRATOR PANEL, THE PREVAILING PARTY IN THE APPEAL SHALL BE ENTITLED TO RECOVER ALL REASONABLE ATTORNEYS' FEES AND COSTS INCURRED IN THAT APPEAL. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS ARBITRATION PROVISION, COMCAST CHARGEPOINT WILL PAY ALL FEES AND COSTS THAT IT IS REQUIRED BY LAW TO PAY.

Appears in 1 contract

Samples: Chargepoint Personal Charging Service Agreement

Payment of Arbitration Fees and Costs. UPON YOUR WRITTEN REQUEST, COMCAST WILL ADVANCE TO YOU ALL ARBITRATION FILING FEES AND ARBITRATOR’S 'S COSTS AND EXPENSES UPON CUSTOMER’S WRITTEN REQUEST GIVEN PRIOR TO THE COMMENCEMENT OF THE ARBITRATIONEXPENSES. CUSTOMER IS YOU ARE RESPONSIBLE FOR ALL ADDITIONAL COSTS THAT CUSTOEMR INCURS YOU INCUR IN THE ARBITRATION, INCLUDING, INCLUDING BUT NOT LIMITED TO, FEES TO COSTS FOR ATTORNEYS OR EXPERT WITNESSES. IF THE ARBITRATION PROCEEDING IS DECIDED IN COMCAST’S FAVOR, CUSTOMER YOU SHALL REIMBURSE COMCAST FOR THE FEES AND COSTS ADVANCED TO CUSTOMER YOU ONLY UP TO THE EXTENT AWARDABLE AMOUNT THAT YOU WOULD HAVE PAID TO FILE A CASE REGARDING YOUR DISPUTE WITH COMCAST IN A JUDICIAL PROCEEDINGTHE STATE COURT WHERE YOU RECEIVE THE SERVICES FROM COMCAST. IF THE ARBITRATION PROCEEDING IS DETERMINED IN CUSTOMER’S YOUR FAVOR, CUSTOMER YOU WILL NOT BE REQUIRED TO REIMBURSE COMCAST FOR ANY OF THE FEES AND COSTS ADVANCED BY COMCAST. IF IN THE EVENT A PARTY ELECTS TO APPEAL AN AWARD TO A THREE-THREE- ARBITRATOR PANEL, THE PREVAILING PARTY IN THE APPEAL SHALL BE ENTITLED TO RECOVER ALL REASONABLE ATTORNEYS’ FEES AND COSTS INCURRED IN THAT APPEAL. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS ARBITRATION PROVISIONSECTION 13, COMCAST WILL PAY ALL FEES AND COSTS THAT WHICH IT IS REQUIRED BY LAW TO PAY.

Appears in 1 contract

Samples: Subscriber Agreement

Payment of Arbitration Fees and Costs. COMCAST i. BRC AND/OR PTD WILL ADVANCE ALL ARBITRATION FILING FEES AND ARBITRATOR’S COSTS AND EXPENSES UPON CUSTOMER’S YOUR WRITTEN REQUEST GIVEN PRIOR TO THE COMMENCEMENT OF THE ARBITRATION. CUSTOMER IS YOU ARE RESPONSIBLE FOR ALL ADDITIONAL COSTS THAT CUSTOEMR INCURS YOU INCUR IN THE ARBITRATION, INCLUDING, BUT NOT LIMITED TO, FEES FOR ATTORNEYS OR EXPERT WITNESSES. ii. IF THE ARBITRATION PROCEEDING IS DECIDED IN COMCASTBRC AND/OR PTD’S FAVOR, CUSTOMER YOU SHALL REIMBURSE COMCAST BRC AND/OR PTD FOR THE FEES AND COSTS ADVANCED TO CUSTOMER YOU ONLY UP TO THE EXTENT AWARDABLE IN A JUDICIAL PROCEEDING. IF THE ARBITRATION PROCEEDING IS DETERMINED IN CUSTOMER’S YOUR FAVOR, CUSTOMER YOU WILL NOT BE REQUIRED TO REIMBURSE COMCAST BRC AND/OR PTD FOR ANY OF THE FEES AND COSTS ADVANCED BY COMCASTBRC AND/OR PTD. iii. IF THE ARBITRATION PROCEEDING IS DECIDED IN YOUR FAVOR, AND THE ARBITRATOR ISSUES YOU AN AWARD THAT IS GREATER THAN THE VALUE OF BRC/PTD'S LAST WRITTEN SETTLEMENT OFFER MADE BEFORE AN ARBITRATOR WAS SELECTED, THEN BRC/PTD WILL: PAY YOU THE AMOUNT OF THE AWARD OR $10,000 (“THE ALTERNATIVE PAYMENT”), WHICHEVER IS GREATER; AND PAY YOUR ATTORNEY, IF ANY, TWICE THE AMOUNT OF ATTORNEYS' FEES, AND REIMBURSE ANY EXPENSES (INCLUDING EXPERT WITNESS FEES AND COSTS) THAT YOUR ATTORNEY REASONABLY ACCRUES FOR INVESTIGATING, PREPARING, AND PURSUING YOUR CLAIM IN ARBITRATION (“THE ATTORNEY PREMIUM”). IF BRC/PTD DID NOT MAKE A WRITTEN OFFER TO SETTLE THE DISPUTE BEFORE AN ARBITRATOR WAS SELECTED, YOU AND YOUR ATTORNEY WILL BE ENTITLED TO RECEIVE THE ALTERNATIVE PAYMENT AND THE ATTORNEY PREMIUM, RESPECTIVELY, IF THE ARBITRATOR AWARDS YOU ANY RELIEF ON THE MERITS. iv. THE ARBITRATOR MAY MAKE RULINGS AND RESOLVE DISPUTES AS TO THE PAYMENT AND REIMBURSEMENT OF FEES, EXPENSES, AND THE ALTERNATIVE PAYMENT AND THE ATTORNEY PREMIUM AT ANY TIME DURING THE PROCEEDING AND UPON REQUEST FROM EITHER PARTY MADE WITHIN 14 DAYS OF THE ARBITRATOR'S RULING ON THE MERITS. v. IF A PARTY ELECTS TO APPEAL AN AWARD TO A THREE-ARBITRATOR PANEL, THE PREVAILING PARTY IN THE APPEAL SHALL BE ENTITLED TO RECOVER ALL REASONABLE ATTORNEYS’ FEES AND COSTS INCURRED IN THAT APPEAL. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS ARBITRATION PROVISION, COMCAST BRC AND/OR PTD WILL PAY ALL FEES AND COSTS THAT IT IS REQUIRED BY LAW TO PAY.

Appears in 1 contract

Samples: Alarm Monitoring Service Agreement

Payment of Arbitration Fees and Costs. COMCAST SURF BROADBAND SOLUTIONS WILL ADVANCE ALL ARBITRATION FILING FEES AND ARBITRATOR’S COSTS AND EXPENSES UPON CUSTOMER’S YOUR WRITTEN REQUEST GIVEN PRIOR TO THE COMMENCEMENT OF THE ARBITRATION. CUSTOMER IS YOU ARE RESPONSIBLE FOR ALL ADDITIONAL COSTS THAT CUSTOEMR INCURS YOU INCUR IN THE ARBITRATION, INCLUDING, BUT NOT LIMITED TO, FEES FOR ATTORNEYS OR EXPERT WITNESSES. IF THE ARBITRATION PROCEEDING IS DECIDED IN COMCAST’S SURF BROADBAND SOLUTIONS FAVOR, CUSTOMER YOU SHALL REIMBURSE COMCAST SURF BROADBAND SOLUTIONS FOR THE FEES AND COSTS ADVANCED TO CUSTOMER YOU ONLY UP TO THE EXTENT AWARDABLE IN A JUDICIAL PROCEEDING. IF THE ARBITRATION PROCEEDING IS DETERMINED IN CUSTOMER’S YOUR FAVOR, CUSTOMER YOU WILL NOT BE REQUIRED TO REIMBURSE COMCAST SURF AIR WIRELESS FOR ANY OF THE FEES AND COSTS ADVANCED BY COMCASTSURF BROADBAND SOLUTIONS. IF A PARTY ELECTS TO APPEAL AN AWARD TO A THREE-THREE- ARBITRATOR PANEL, THE PREVAILING PARTY IN THE APPEAL SHALL BE ENTITLED TO RECOVER ALL REASONABLE ATTORNEYS’ FEES AND COSTS INCURRED IN THAT APPEAL. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS ARBITRATION PROVISION, COMCAST WILL PAY ALL FEES AND COSTS THAT IT IS REQUIRED BY LAW TO PAY.RECOVER

Appears in 1 contract

Samples: Residential Services Agreement

Payment of Arbitration Fees and Costs. COMCAST JOYTEL WILL ADVANCE ALL ARBITRATION FILING FEES AND ARBITRATOR’S COSTS AND EXPENSES UPON CUSTOMER’S WRITTEN REQUEST GIVEN PRIOR TO THE COMMENCEMENT OF THE ARBITRATION. CUSTOMER IS RESPONSIBLE FOR ALL ADDITIONAL COSTS THAT CUSTOEMR INCURS IN THE ARBITRATION, INCLUDING, BUT NOT LIMITED TO, FEES FOR ATTORNEYS OR EXPERT WITNESSES. IF THE ARBITRATION PROCEEDING IS DECIDED IN COMCASTJOYTEL’S FAVOR, CUSTOMER SHALL REIMBURSE COMCAST JOYTEL FOR THE FEES AND COSTS ADVANCED TO CUSTOMER ONLY UP TO THE EXTENT AWARDABLE IN A JUDICIAL PROCEEDING. IF THE ARBITRATION PROCEEDING IS DETERMINED IN CUSTOMER’S FAVOR, CUSTOMER WILL NOT BE REQUIRED TO REIMBURSE COMCAST JOYTEL FOR ANY OF THE FEES AND COSTS ADVANCED BY COMCASTJOYTEL. IF A PARTY ELECTS TO APPEAL AN AWARD TO A THREE-ARBITRATOR PANEL, THE PREVAILING PARTY IN THE APPEAL SHALL BE ENTITLED TO RECOVER ALL REASONABLE ATTORNEYS’ FEES AND COSTS INCURRED IN THAT APPEAL. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS ARBITRATION PROVISION, COMCAST JOYTEL WILL PAY ALL FEES AND COSTS THAT IT IS REQUIRED BY LAW TO PAY.

Appears in 1 contract

Samples: Business Services Customer Agreement

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