Prevailing Party’s Expenses. The prevailing Party in any arbitration, litigation or other legal action or proceeding arising out of or related to this Agreement shall be entitled to recover from the losing Party all reasonable fees, costs and expenses incurred by the prevailing Party in connection with such arbitration, litigation or other legal action or proceeding (including any appeals and actions to enforce any arbitration awards and court judgments), including reasonable fees, expenses and disbursements for attorneys, experts and other third parties engaged in connection therewith and its share of arbitrator fees and costs. If a Party prevails on some, but not all, of its claims, such Party shall be entitled to recover an equitable amount of such fees, expenses and disbursements, as determined by the applicable arbitrator or court. All amounts recovered by the prevailing Party under this Section 9.j. shall be separate from, and in addition to, any other amount included in any arbitration award or judgment rendered in favor of such Party.
Appears in 2 contracts
Samples: Hotel Services and Amenities Access Agreement, Master Hospitality Services and Facilities Access Agreement
Prevailing Party’s Expenses. The prevailing Party in any arbitration, litigation or other legal action or proceeding arising out of or related to this Agreement shall be entitled to recover from the losing Party all reasonable fees, costs and expenses incurred by the prevailing Party in connection with such arbitration, litigation or other legal action or proceeding (including any appeals and actions to enforce any arbitration awards and court judgments), including reasonable fees, expenses and disbursements for attorneys, experts and other third parties engaged in connection therewith and its share of arbitrator fees and costs. If a Party prevails on some, but not all, of its claims, such Party shall be entitled to recover an equitable amount of such fees, expenses and disbursements, as determined by the applicable arbitrator or court. All amounts recovered by the prevailing Party under this Section 9.j22.j. shall be separate from, and in addition to, any other amount included in any arbitration award or judgment rendered in favor of such Party.
Appears in 1 contract
Prevailing Party’s Expenses. The prevailing Party party in any arbitration, litigation or other legal action or proceeding arising out of or related to this Agreement shall be entitled to recover from the losing Party party all reasonable fees, costs and expenses incurred by the prevailing Party party in connection with such arbitration, litigation or other legal action or proceeding (including any appeals and actions to enforce any arbitration awards and court judgments), including reasonable fees, expenses and disbursements for attorneys, experts and other third parties engaged in connection therewith and its share of arbitrator fees and costs. If a Party party prevails on some, but not all, of its claims, such Party party shall be entitled to recover an equitable amount of such fees, expenses and disbursements, as determined by the applicable arbitrator or court. All amounts recovered by the prevailing Party party under this Section 9.j. 28 shall be separate from, and in addition to, any other amount included in any arbitration award or judgment rendered in favor of such Partyparty, unless duplicative.
Appears in 1 contract
Samples: Master License Agreement (Interval Leisure Group, Inc.)
Prevailing Party’s Expenses. The prevailing Party in any arbitration, litigation or other legal action or proceeding arising out of or related to this Agreement shall be entitled to recover from the losing Party all reasonable fees, costs and expenses incurred by the prevailing Party in connection with such arbitration, litigation or other legal action or proceeding (including any appeals and actions to enforce any arbitration awards and court judgments), including reasonable fees, expenses and disbursements for attorneys, experts and other third parties engaged in connection therewith and its share of arbitrator Mediation Service and Arbitration Tribunal fees and costs. If a Party prevails on some, but not all, of its claims, such Party shall be entitled to recover an equitable amount of such fees, expenses and disbursements, as determined by the applicable arbitrator Arbitrator(s) or court. All amounts recovered by the prevailing Party under this Section 9.j. 12.2 shall be separate from, and in addition to, any other amount included in any arbitration award or judgment rendered in favor of such Party.
Appears in 1 contract
Samples: Opening Services Agreement (Good Times Restaurants Inc)
Prevailing Party’s Expenses. The prevailing Party in any arbitration, litigation or other legal action or proceeding arising out of or related to this Agreement shall be entitled to recover from the losing Party all reasonable fees, costs and expenses incurred by the prevailing Party in connection with such arbitration, litigation or other legal action or proceeding (including any appeals and actions to enforce any arbitration awards and court judgments), including reasonable fees, expenses and disbursements for attorneys, experts and other third parties engaged in connection therewith and its share of arbitrator fees and costs. If a Party prevails on some, but not all, of its claims, such Party shall be entitled to recover an equitable amount of such fees, expenses and disbursements, as determined by the applicable arbitrator or court. All amounts recovered by the prevailing Party under this Section 9.j4.j. shall be separate from, and in addition to, any other amount included in any arbitration award or judgment rendered in favor of such Party.
Appears in 1 contract
Samples: Interconnection Agreement
Prevailing Party’s Expenses. The prevailing Party party in any arbitration, litigation or other legal action or proceeding arising out of or related to this Agreement shall be entitled to recover from the losing Party party all reasonable fees, costs and expenses incurred by the prevailing Party party in connection with such arbitration, litigation or other legal action or proceeding (including any appeals and actions to enforce any arbitration awards and court judgments), including reasonable fees, expenses and disbursements for attorneys, experts and other third parties engaged in connection therewith and its share of arbitrator fees and costs. If a Party party prevails on some, but not all, of its claims, such Party party shall be entitled to recover an equitable amount of such fees, expenses and disbursements, as determined by the applicable arbitrator or court. All amounts recovered by the prevailing Party party under this Section 9.j. 21.6 shall be separate from, and in addition to, any other amount included in any arbitration award or judgment rendered in favor of such Partyparty, unless duplicative.
Appears in 1 contract
Samples: Master License Agreement (Interval Leisure Group, Inc.)