Common use of Prevailing Party Attorneys’ Fees Clause in Contracts

Prevailing Party Attorneys’ Fees. If either ASCU, Talisker, or Participant shall bring an action or proceeding in any court of competent jurisdiction to enforce its rights or the other party’s obligations under this Agreement, then the prevailing party in such action or proceeding shall be entitled to be reimbursed by the non-prevailing party for all reasonable attorneys’ fees and disbursements incurred by the prevailing party in connection with such action or proceeding. If neither party shall prevail in such action or proceeding, or if both parties shall prevail in part in such action or proceeding, then such court shall determine whether, and the extent to which, one party shall reimburse the other party for all or any portion of the reasonable attorneys’ fees and disbursements incurred by such other party in connection with such action or proceeding. Any reimbursement required under this Section 33 shall be made within fifteen (15) days after written demand therefor (which demand shall be accompanied by reasonably satisfactory evidence that the amounts for which reimbursement is sought have been paid).

Prevailing Party Attorneys’ Fees. If either ASCU, Talisker, Assignor or Participant Assignee shall bring an action or proceeding in any court of competent jurisdiction to enforce its rights or the other party’s obligations under this Assignment Agreement, then the prevailing party in such action or proceeding shall be entitled to be reimbursed by the non-prevailing party for all reasonable attorneys’ fees and disbursements incurred by the prevailing party in connection with such action or proceeding. If neither party shall prevail in such action or proceeding, or if both parties shall prevail in part in such action or proceeding, then such court shall determine whether, and the extent to which, one party shall reimburse the other party for all or any portion of the reasonable attorneys’ fees and disbursements incurred by such other party in connection with such action or proceeding. Any reimbursement required under this Section 33 21 shall be made within fifteen (15) days after written demand therefor (which demand shall be accompanied by reasonably satisfactory evidence that the amounts for which reimbursement is sought have been paid).

Prevailing Party Attorneys’ Fees. If either ASCU, Talisker, Assignor or Participant Assignee shall bring an action or proceeding in any court of competent jurisdiction to enforce its rights or the other party’s obligations under this Assignment Agreement, then the prevailing party in such action or proceeding shall be entitled to be reimbursed by the non-prevailing party for all reasonable attorneys’ fees and disbursements incurred by the prevailing party in connection with such action or proceeding. If neither party shall prevail in such action or proceeding, or if both parties shall prevail in part in such action or proceeding, then such court shall determine whether, and the extent to which, one party shall reimburse the other party for all or any portion of the reasonable attorneys’ fees and disbursements incurred by such other party in connection with such action or proceeding. Any reimbursement required under this Section 33 24 shall be made within fifteen (15) days after written demand therefor (which demand shall be accompanied by reasonably satisfactory evidence that the amounts for which reimbursement is sought have been paid).

Prevailing Party Attorneys’ Fees. If either ASCU, Talisker, Assignor or Participant Assignee shall bring an action or proceeding in any court of competent jurisdiction to enforce its rights or the other party’s obligations under this Assignment Agreement, then the prevailing party in such action or proceeding shall be entitled to be reimbursed by the non-prevailing party for all reasonable attorneys’ fees and disbursements incurred by the prevailing party in connection with such action or proceeding. If neither party shall prevail in such action or proceeding, or if both parties shall prevail in part in such action or proceeding, then such court shall determine whether, and the extent to which, one party shall reimburse the other party for all or any portion of the reasonable attorneys’ fees and disbursements incurred by such other party in connection with such action or proceeding. Any reimbursement required under this Section 33 27 shall be made within fifteen (15) days after written demand therefor (which demand shall be accompanied by reasonably satisfactory evidence that the amounts for which reimbursement is sought have been paid).