Common use of Prevailing Party Clause in Contracts

Prevailing Party. If any litigation or other court action, arbitration or similar adjudicatory proceeding is commenced by any Party to enforce its rights under this Agreement against any other Party, all fees, costs and expenses, including, without limitation, reasonable attorneys fees and court costs, incurred by the prevailing Party in such litigation, action, arbitration or proceeding shall be reimbursed by the losing Party; provided, that if a Party to such litigation, action, arbitration or proceeding prevails in part, and loses in part, the court, arbitrator or other adjudicator presiding over such litigation, action, arbitration or proceeding shall award a reimbursement of the fees, costs and expenses incurred by such Party on an equitable basis.

Prevailing Party. If any litigation or other court action, arbitration or similar adjudicatory proceeding is commenced by any Party to enforce its rights under this Agreement against any other Party, all fees, costs and expenses, including, without limitation, reasonable attorneys attorneys’ fees and court costs, incurred by the prevailing Party in such litigation, action, arbitration or proceeding shall be reimbursed by the losing Party; provided, that if a Party to such litigation, action, arbitration or proceeding prevails in part, and loses in part, the court, arbitrator or other adjudicator presiding over such litigation, action, arbitration or proceeding shall award a reimbursement of the fees, costs and expenses incurred by such Party on an equitable basis.

Prevailing Party. If any litigation or other court action, arbitration or similar adjudicatory proceeding is commenced by any Party to enforce its rights under this Agreement against any other Party, all fees, costs and expenses, including, without limitation, including reasonable attorneys attorneys’ fees and court costs, incurred by the prevailing Party in such litigation, action, arbitration or proceeding shall be reimbursed by the losing Party; provided, that if a Party to such litigation, action, arbitration or proceeding prevails in part, and loses in part, the court, arbitrator or other adjudicator presiding over such litigation, action, arbitration or proceeding shall award a reimbursement of the fees, costs and expenses incurred by such Party on an equitable basis.

Prevailing Party. If any litigation or other court action, arbitration or similar adjudicatory proceeding is commenced by any Party party hereto to enforce its rights under this Agreement against any other Partyparty, all fees, costs and expenses, including, without limitation, reasonable attorneys fees and court costs, incurred by the prevailing Party party in such litigation, action, arbitration or proceeding shall be reimbursed by the losing Partyparty; provided, that if a Party party to such litigation, action, arbitration or proceeding prevails in part, and loses in part, the court, arbitrator or other adjudicator presiding over such litigation, action, arbitration or proceeding shall award a reimbursement of the fees, costs and expenses incurred by such Party party on an equitable basis.

Prevailing Party. If any litigation or litigation, other court action, arbitration or similar adjudicatory proceeding is commenced by any Party to enforce its rights under this Agreement against any other Party, all fees, costs and expenses, including, without limitation, reasonable attorneys attorneys’ fees and court costs, incurred by the prevailing Party in such litigation, action, arbitration arbitration, or proceeding shall be reimbursed by the losing Party; provided, that if a Party to such litigation, action, arbitration litigation or proceeding action prevails in part, and loses in part, the court, arbitrator court or other adjudicator presiding over such litigation, action, arbitration litigation or proceeding action shall award a reimbursement of the fees, costs and expenses incurred by such Party on an equitable basisthe substantially prevailing Party.

Prevailing Party. If any litigation or other court action, arbitration or similar adjudicatory proceeding action is commenced by any Party party hereto to enforce its rights under this Agreement against any other Partyparty, all fees, costs and expenses, including, without limitation, reasonable attorneys attorneys’ fees and court costs, incurred by the prevailing Party party in such litigation, action, arbitration arbitration, or proceeding shall be reimbursed by the losing Partyparty; provided, that if a Party party to such litigation, action, arbitration litigation or proceeding action prevails in part, and loses in part, the court, arbitrator court or other adjudicator presiding over such litigation, action, arbitration litigation or proceeding action shall award a reimbursement of the fees, costs and expenses incurred by such Party party on an equitable basis.

Prevailing Party. If any litigation or other court action, arbitration or similar adjudicatory proceeding is commenced by any Party party to enforce its rights under this Agreement against any other Partyparty, all fees, costs and expenses, including, without limitation, including reasonable attorneys fees and court costs, incurred by the prevailing Party party in such litigation, action, arbitration or proceeding shall will be reimbursed by the losing Party; provided, that if party. If a Party party to such litigation, action, arbitration or proceeding prevails in part, and loses in part, the court, arbitrator or other adjudicator presiding over such litigation, action, arbitration or proceeding shall will award a reimbursement of the fees, costs and expenses incurred by such Party party on an equitable basis.

Prevailing Party. If any litigation or other court action, arbitration or similar adjudicatory proceeding is commenced by any Party party hereto to enforce its rights under this Agreement against any other Partyparty, all fees, costs and expenses, including, without limitation, including reasonable attorneys fees and court costs, incurred by the prevailing Party party in such litigation, action, arbitration or proceeding shall be reimbursed by the losing Partyparty; provided, that if a Party party to such litigation, action, arbitration or proceeding prevails in part, and loses in part, the court, arbitrator or other adjudicator presiding over such litigation, action, arbitration or proceeding shall award a reimbursement of the fees, costs and expenses incurred by such Party party on an equitable basis.

Prevailing Party. If any litigation or other court action, arbitration or similar adjudicatory proceeding is commenced by any Party party hereto to enforce its rights under this Agreement against any other Partyparty, all fees, costs and expenses, including, without limitation, reasonable attorneys attorneys’ fees and court costs, incurred by the prevailing Party party in such litigation, action, arbitration or proceeding shall be reimbursed by the losing Partyparty; provided, that if a Party party to such litigation, action, arbitration or proceeding prevails in part, and loses in part, the court, arbitrator or other adjudicator presiding over such litigation, action, arbitration or proceeding shall award a reimbursement of the fees, costs and expenses incurred by such Party party on an equitable basis.

Prevailing Party. If any litigation or other court action, arbitration or similar adjudicatory proceeding is commenced by any Party party to enforce its rights under this Agreement against any other Partyparty, all fees, costs and expenses, including, without limitation, reasonable attorneys fees and court costs, incurred by the prevailing Party party in such litigation, action, arbitration or proceeding shall be reimbursed by the losing Partyparty; provided, however, that if a Party party to such litigation, action, arbitration or proceeding prevails in part, and loses in part, the court, arbitrator or other adjudicator presiding over such litigation, action, arbitration or proceeding shall award a reimbursement of the fees, costs and expenses incurred by such Party party on an equitable basis.

Prevailing Party. If In the event any litigation or other court action, arbitration or similar adjudicatory proceeding (a “Proceeding”) is commenced or threatened by any Party party hereto to enforce its rights under this Agreement against any other Partyparty, if a prevailing party is determined in such Proceeding, all fees, costs and expenses, including, without limitation, reasonable attorneys attorneys’ fees and court costs, incurred by the such prevailing Party party in such litigation, action, arbitration or proceeding Proceeding shall be reimbursed by the losing Partynon-prevailing party; provided, that if a Party to such litigation, action, arbitration or proceeding party prevails in part, and loses in part, in such Proceeding, the court, arbitrator or other adjudicator presiding over such litigation, action, arbitration or proceeding Proceeding shall award a reimbursement of the fees, costs and expenses incurred by such Party the parties on an equitable basis.

Prevailing Party. If any litigation or other court action, arbitration or similar adjudicatory proceeding is commenced by any Party party hereto to enforce its rights under this Agreement against any other Partyparty, all fees, costs and expenses, including, without limitation, including reasonable attorneys fees and court costs, incurred by the prevailing Party party in such litigation, action, arbitration or proceeding shall be reimbursed by the losing Partyparty; provided, provided that if a Party party to such litigation, action, arbitration or proceeding prevails in part, and loses in part, the court, arbitrator or other adjudicator presiding over such litigation, action, arbitration or proceeding shall award a reimbursement of the fees, costs and expenses incurred by such Party party on an equitable basis.

Prevailing Party. If any litigation or other court action, arbitration or similar adjudicatory proceeding is commenced by any Party party hereto to enforce its rights under this Agreement Agreement, in accordance with its terms, against any other Partyparty, all fees, costs and expenses, including, without limitation, reasonable attorneys and documented attorneys’ fees and court costs, incurred by the prevailing Party party in such litigation, action, arbitration or proceeding shall be reimbursed by the losing Partyparty; provided, provided that if a Party party to such litigation, action, arbitration or proceeding prevails in part, and loses in part, the court, arbitrator or other adjudicator presiding over such litigation, action, arbitration or proceeding shall award a reimbursement of the fees, costs and expenses incurred by such Party party on an equitable basis.

Prevailing Party. If any litigation or other court action, arbitration or similar adjudicatory proceeding is commenced by any Party to enforce its rights under this Agreement against any other Party, all fees, costs and expenses, includingincluding reasonable attorneys' fees, without limitation, reasonable attorneys fees court costs and court costsother expenses, incurred by the prevailing Party in such litigation, action, arbitration or proceeding shall be reimbursed by the losing Party; provided, that if a Party to such litigation, action, arbitration or proceeding prevails in part, and loses in part, the court, arbitrator or other adjudicator presiding over such litigation, action, arbitration or proceeding shall award a reimbursement of the fees, costs and expenses incurred by such Party on an equitable basis.

Prevailing Party. If any litigation or other court action, arbitration action or similar adjudicatory proceeding is commenced by any Party party to enforce its rights under this Agreement against any other Partyparty, all fees, costs and expenses, including, without limitation, including reasonable attorneys attorneys’ fees and court costs, incurred by the prevailing Party party in such litigation, action, arbitration action or proceeding shall be reimbursed by the losing Partyparty; provided, that if a Party party to such litigation, action, arbitration action or proceeding prevails in part, and loses in part, the court, arbitrator court or other adjudicator presiding over such litigation, action, arbitration action or proceeding shall award a reimbursement of the fees, costs and expenses incurred by such Party party on an equitable basis.

Prevailing Party. If any litigation or other court action, arbitration or similar adjudicatory proceeding is commenced by any Party to enforce its rights under this Agreement against any other Party, all fees, costs and expenses, including, without limitation, reasonable attorneys attorney's fees and court costs, incurred by the prevailing Party in such litigation, action, arbitration or proceeding shall be reimbursed by the losing Party; provided, that if a Party to such litigation, action, arbitration or proceeding prevails in part, and loses in part, the court, arbitrator or other adjudicator presiding over such litigation, action, arbitration or proceeding shall award a reimbursement of the fees, costs and expenses incurred by such Party on an equitable basis.

Prevailing Party. If any litigation or other court action, arbitration or similar adjudicatory proceeding is commenced by any Party party to enforce its rights under this Agreement against any other Partyparty, all fees, costs and expenses, including, without limitation, reasonable attorneys attorney’s fees and court costs, incurred by the prevailing Party party in such litigation, action, arbitration or proceeding shall be reimbursed by the losing Partyparty; provided, that if a Party party to such litigation, action, arbitration or proceeding prevails in part, and loses in part, the court, arbitrator or other adjudicator presiding over such litigation, action, arbitration or proceeding shall award a reimbursement of the fees, costs and expenses incurred by such Party party on an equitable basis.

Prevailing Party. If any litigation or other court action, arbitration or similar adjudicatory proceeding is commenced by any Party to enforce its rights under this Agreement against any other Party, all fees, costs and expenses, including, without limitation, reasonable attorneys fees and court costs, incurred by the prevailing Party in such litigation, action, arbitration or proceeding shall be reimbursed by the losing Party; provided, however, that if a Party to such litigation, action, arbitration or proceeding prevails in part, and loses in part, the court, arbitrator or other adjudicator presiding over such litigation, action, arbitration or proceeding shall award a reimbursement of the fees, costs and expenses incurred by such Party on an equitable basis.

Prevailing Party. If any litigation or litigation, other court action, arbitration proceeding, or similar adjudicatory proceeding other dispute is commenced by any Party to enforce its rights under this Agreement against any other Party, all fees, costs and expenses, including, without limitation, reasonable attorneys attorneys’ fees and court costs, incurred by the prevailing Party in such litigation, action, arbitration arbitration, proceeding, or proceeding dispute shall be reimbursed by the losing Party; provided, that if a Party to any such litigation, action, arbitration litigation or proceeding action prevails in part, and loses in part, the court, arbitrator court or other adjudicator presiding over such litigation, action, arbitration litigation or proceeding action shall award a reimbursement of the fees, costs and expenses incurred by such Party on an equitable basisthe substantially prevailing Party.

Prevailing Party. If any litigation or other court action, arbitration or similar adjudicatory proceeding is commenced by any Party to enforce its rights under this Agreement against any other Party, all fees, costs and expenses, including, without limitation, including reasonable attorneys fees and court costs, incurred by the prevailing Party in such litigation, action, arbitration or proceeding shall be reimbursed by the losing Party; provided, that if a Party to such litigation, action, arbitration or proceeding prevails in part, and loses in part, the court, arbitrator or other adjudicator presiding over such litigation, action, arbitration or proceeding shall award a reimbursement of the fees, costs and expenses incurred by such Party on an equitable basis.

Prevailing Party. If any litigation or other court action, arbitration or similar adjudicatory proceeding is commenced by any Party to enforce its rights under this Agreement against any other Party, all fees, costs and expenses, including, without limitation, reasonable attorneys attorneys’ fees and court costs, incurred by the prevailing Party as determined pursuant to a final, non-appealable order or judgment in such litigation, action, arbitration or proceeding shall be reimbursed by the losing Party; provided, that if a Party to such litigation, action, arbitration or proceeding prevails in part, and loses in part, the court, arbitrator or other adjudicator presiding over such litigation, action, arbitration or proceeding shall award a reimbursement of the fees, costs and expenses incurred by such Party on an equitable basis.

Prevailing Party. If any litigation or litigation, other court action, arbitration proceeding, or similar adjudicatory proceeding other dispute is commenced by any Party to enforce its rights under this Agreement against any other Party, all fees, costs and expenses, including, without limitation, reasonable attorneys attorneys’ fees and court costs, incurred by the prevailing Party in such litigation, action, arbitration arbitration, proceeding, or proceeding dispute shall be reimbursed by the losing Party; provided, provided that if a Party to any such litigation, action, arbitration litigation or proceeding action prevails in part, and loses in part, the court, arbitrator court or other adjudicator presiding over such litigation, action, arbitration litigation or proceeding action shall award a reimbursement of the fees, costs and expenses incurred by such Party on an equitable basisthe substantially prevailing Party.

Prevailing Party. If any litigation or other court action, arbitration or similar adjudicatory proceeding is commenced by any Party to enforce its rights under this Agreement against any other Party, all fees, costs and expenses, including, without limitation, including reasonable attorneys and actual attorney’s fees and court costs, incurred by the prevailing Party in such litigation, action, arbitration or proceeding shall be reimbursed by the losing Party; provided, that if a Party to such litigation, action, arbitration or proceeding prevails in part, and loses in part, the court, arbitrator or other adjudicator presiding over such litigation, action, arbitration or proceeding shall award a reimbursement of the fees, costs and expenses incurred by such Party on an equitable basis.