Common use of Prevailing Party Attorneys’ Fees Clause in Contracts

Prevailing Party Attorneys’ Fees. The prevailing party in any action to enforce any remedy available under this Section 10 (a “Claim”) shall be entitled to an award of its reasonable attorneys fees incurred in relation to the Claim, in an amount to be fixed either pursuant to stipulation by the parties to a given case or the court, provided that if it is AACS LA or a Third Party Beneficiary acting as a plaintiff, such plaintiff must establish by clear and convincing evidence that the defendant Adopter, Fellow Content Provider or Content Participant has materially breached or engaged in a pattern or practice of breaching the relevant Approved License.

Prevailing Party Attorneys’ Fees. The prevailing party in any action to enforce any remedy available under this Section 10 9 (a “Claim”) shall be entitled to an award of its reasonable attorneys attorneys’ fees incurred in relation to the Claim, in an amount to be fixed either pursuant to stipulation by the parties to a given case or the court, court provided that if it is AACS LA or a Third Party Beneficiary acting as a plaintiff, such plaintiff must establish by clear and convincing evidence that the defendant Fellow Adopter, Fellow Content Participant or Content Provider or Content Participant has materially breached or engaged in a pattern or practice of breaching the relevant Approved License.

Prevailing Party Attorneys’ Fees. The prevailing party in any action to enforce any remedy available under this Section 10 (a “Claim”) shall be entitled to an award of its reasonable attorneys fees incurred in relation to the Claim, in an amount to be fixed either pursuant to stipulation by the parties to a given case or the court, provided that if it is AACS LA or a Third Party Beneficiary acting as a plaintiff, such plaintiff must establish by clear and convincing evidence that the defendant Adopter, Fellow Content Provider Participant or Content Participant Provider has materially breached or engaged in a pattern or practice of breaching the relevant Approved License.

Prevailing Party Attorneys’ Fees. The prevailing party in any action to enforce any remedy available under this Section 10 8 (a “Claim”) shall be entitled to an award of its reasonable attorneys attorneys’ fees incurred in relation to the Claim, in an amount to be fixed either pursuant to stipulation by the parties to a given case or the court; provided, provided that if it is AACS LA or a Third Party Beneficiary acting as a plaintiff, such plaintiff must establish by clear and convincing evidence that the defendant Service Provider, Fellow Service Provider, Adopter, Fellow Content Participant or Content Provider or Content Participant has materially breached or engaged in a pattern or practice of breaching the relevant Approved License.

Prevailing Party Attorneys’ Fees. The prevailing party in any action to enforce any remedy available under this Section 10 9 (a “Claim”) shall be entitled to an award of its reasonable attorneys attorneys’ fees incurred in relation to the Claim, in an amount to be fixed either pursuant to stipulation by the parties to a given case or the court, court provided that if it is AACS LA or a Third Party Beneficiary acting as a plaintiff, such plaintiff must establish by clear and convincing evidence that the defendant Fellow Adopter, Fellow Content Participant or Content Provider or Content Participant has materially breached or engaged in a pattern or practice of breaching the relevant Approved License.. For review only - Not for execution