Recovering Costs in Litigation Sample Clauses

Recovering Costs in Litigation. In a civil Court action, once proceedings have been served on the other party, you are potentially liable to pay their charges and disbursements (as well as your own) if you subsequently lose or discontinue the action (however please see “Insurance” below). Even if you are successful in a Court action, the Defendant(s) may not be ordered to pay all your charges and disbursements. This is because the Court may assess your costs and decide that it is not reasonable for the Defendant to pay them all (if, for example, if you pursued an issue that the Court decided was unnecessary). If this happens, you are legally responsible for the balance of our charges and disbursements. In other words, if there is a shortfall between the charges and disbursements you have incurred with us and the charges and disbursements you recover from the other party in a successful matter, you will be responsible for paying that shortfall. However, the normal position in successful cases is that apart from the costs we are able to recover from the Defendant(s), the amount that you will be charged in respect of Our Costs, excluding any applicable ATE premium(s) and VAT, will not exceed 30% of your overall damages. Please note that if the other party is legally aided, you may not get back any of your costs even if your matter is successful. If you are successful and the Court orders the Defendant(s) to pay some or all of your charges and disbursements, interest on them can be claimed from the Defendant(s) from the date of the Court order. We will account to you for such interest to the extent that you have paid our charges or disbursements on account, but we are entitled to the rest of that interest. You will also be responsible for paying the charges and disbursements of seeking to recover any costs and disbursements that the Court orders the other party to pay. In some circumstances, the Court may order you to pay the other party’s charges and disbursements, for example, if you lose or decide to discontinue. Any such costs would be payable in addition to our charges and disbursements payable in the circumstances. We will discuss with you (or any Claimant Committee as appropriate) whether it would be advisable for you (or the claimants as a whole) to have insurance to protect you against the risk of having to pay the other party’s costs and/or our costs in unsuccessful claims.
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Related to Recovering Costs in Litigation

  • Recovery of Litigation Costs If any legal action or other proceeding is brought for the enforcement of this Warrant, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Warrant, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys’ fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.

  • Costs of Litigation The parties agree that the prevailing party in any action brought with respect to or to enforce any right or remedy under this Agreement shall be entitled to recover from the other party or parties all reasonable costs and expenses of any nature whatsoever incurred by the prevailing party in connection with such action, including without limitation reasonable attorneys' fees and prejudgment interest.

  • Indemnification for Costs, Charges and Expenses of Successful Party Notwithstanding any limitations of Sections 3(c), 4 and 5 above, to the extent that the Indemnitee has been successful, on the merits or otherwise, in whole or in part, in defense of any Proceeding, or in defense of any claim, issue, or matter therein, including, without limitation, the dismissal of any action without prejudice, or if it is ultimately determined, by final judicial decision of a court of competent jurisdiction from which there is no further right to appeal, that the Indemnitee is otherwise entitled to be indemnified against Expenses, the Indemnitee shall be indemnified against all Expenses actually and reasonably incurred by the Indemnitee in connection therewith.

  • Attorneys’ Fees, Costs and Expenses In any action or proceeding between Borrower and Bank arising out of or relating to the Loan Documents, the prevailing party shall be entitled to recover its reasonable attorneys’ fees and other costs and expenses incurred, in addition to any other relief to which it may be entitled.

  • Litigation Costs If any legal action or other proceeding is brought for the enforcement of this Agreement or to remedy its breach, the prevailing party in such action or proceeding shall be entitled to recover its actual attorney's fees and other costs incurred in the action or proceeding, in addition to such other relief to which it may be entitled.

  • Attorneys’ Fees; Costs Should litigation be necessary to enforce any terms or provisions of this Agreement, then each party shall bear its own litigation and collection expenses, witness fees, court costs and attorney’s fees.

  • Patent Expenses Unless agreed otherwise, the Party filing a Patent Application will pay all preparation and filing expenses, prosecution fees, issuance fees, post issuance fees, patent maintenance fees, annuities, interference expenses, and attorneys’ fees for that Patent Application and any resulting Patent(s). If a license to any CRADA Subject Invention is granted to Collaborator, then Collaborator will be responsible for all expenses and fees, past and future, in connection with the preparation, filing, prosecution, and maintenance of any Patent Applications and Patents claiming exclusively licensed CRADA Subject Inventions and will be responsible for a pro-rated share, divided equally among all licensees, of those expenses and fees for non-exclusively licensed CRADA Subject Inventions. Collaborator may waive its exclusive option rights at any time, and incur no subsequent financial obligation for those Patent Application(s) or Patent(s).

  • Sellers’ Costs and Expenses Except as may otherwise be provided in this Agreement, including Section 8.1, or in the Purchase Agreement, all expenses and costs incurred by the Sellers in connection with the performance of their obligations hereunder shall be the responsibility of, paid by and for the account of the Sellers.

  • CLAIM EXPENSES The Reinsurer will pay its share of reasonable claim investigation and legal expenses connected with the litigation or settlement of contractual liability claims unless the Reinsurer has discharged its liability pursuant to Section 9.4 above. If the Reinsurer has so discharged its liability, the Reinsurer will not participate in any expenses incurred thereafter. The Reinsurer will not reimburse the Ceding Company for routine claim and administration expenses, including but not limited to the Ceding Company's home office expenses, compensation of salaried officers and employees, and any legal expenses other than third party expenses incurred by the Ceding Company. Claim investigation expenses do not include expenses incurred by the Ceding Company as a result of a dispute or contest arising out of conflicting claims of entitlement to policy proceeds or benefits.

  • Attorney Fees/Costs Should litigation be necessary to enforce any terms or provisions of this Agreement, then each party shall bear its own litigation and collection expenses, witness fees, court costs and attorney’s fees.

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