Common use of Prevailing Party Entitled to Attorneys’ Fees Clause in Contracts

Prevailing Party Entitled to Attorneys’ Fees. In any action at law or in equity, or in arbitration, to enforce any of the provisions or rights under this Employment Agreement, the prevailing Party to such litigation, as determined by the arbitrator in accordance with the dispute resolution provisions set forth above, shall be entitled to recover from the unsuccessful Party all costs, expenses and reasonable attorneys’ fees incurred therein by such prevailing Party (including, without limitation, such costs, expenses and fees on appeal), excluding, however, any time spent by Company employees, including in-house legal counsel, and if such prevailing Party shall recover judgment in any such action or proceeding, such costs, expenses and attorneys’ fees shall be included as part of such judgment; provided that nothing herein shall limit Executive’s right to recover Executive’s full attorney’s fees and costs in accordance with any statute authorizing an award of such fees and costs.