Remedies in Arbitration. In the event of a dispute about the existence or amount of a payment obligation created under this Agreement, the Arbitrator shall award the prevailing party its reasonable attorneys’ fees and costs. In addition, if the Arbitrator finds that any Signatory(ies) or its affiliate(s) underpaid or declined to pay a sum that it was obliged to pay any other Signatory(ies) under the terms of this Agreement, the Arbitrator shall award that other Signatory(ies) interest on the unpaid or underpaid payment at the prime rate as published in the Wall Street Journal on the date that the unpaid or underpaid payment was due (or, if the actual cost of replacement funds was greater than the prime rate, the prevailing party’s actual cost of replacement funds), running from the date that the unpaid amount was required to be paid under this Agreement until such amount is paid.
Appears in 4 contracts
Samples: Settlement Agreement, Settlement Agreement, Settlement Agreement (Mastercard Inc)
Remedies in Arbitration. In the event of a dispute about the existence or amount of a payment obligation created under this Omnibus Agreement, the Arbitrator shall award the prevailing party its reasonable attorneys’ fees and costs. In addition, if the Arbitrator finds that any Signatory(ies) Signatory or its affiliate(s) underpaid affiliate failed to pay, in whole or declined to pay in part, a sum that it was obliged to pay any other Signatory(iesanother Signatory(s) under the terms of this Omnibus Agreement, the Arbitrator shall award that other Signatory(iesSignatory(s) interest on the unpaid or underpaid payment at the prime rate as published in the Wall Street Journal on the date that the unpaid or underpaid payment was due (or, if the actual cost of replacement funds was greater than the prime rate, the prevailing party’s actual cost of replacement funds), running from the date that the unpaid amount was required to be paid under this Omnibus Agreement until such amount is paid.
Appears in 3 contracts
Samples: Omnibus Agreement (Visa Inc.), Omnibus Agreement Regarding Interchange Litigation Judgment Sharing and Settlement Sharing (Mastercard Inc), Omnibus Agreement Regarding Interchange Litigation Judgment Sharing and Settlement Sharing (Mastercard Inc)
Remedies in Arbitration. In the event of a dispute about the existence or amount of a payment obligation created under this Omnibus Agreement, the Arbitrator shall award the prevailing party its reasonable attorneys’ ' fees and costs. In addition, if the Arbitrator finds that any Signatory(ies) Signatory or its affiliate(s) underpaid affiliate failed to pay, in whole or declined to pay in part, a sum that it was obliged to pay any other Signatory(iesanother Signatory(s) under the terms of this Omnibus Agreement, the Arbitrator shall award that other Signatory(iesSignatory(s) interest on the unpaid or underpaid payment at the prime rate as published in the Wall Street Journal on the date that the unpaid or underpaid payment was due (or, if the actual cost of replacement funds was greater than the prime rate, the prevailing party’s 's actual cost of replacement funds), running from the date that the unpaid amount was required to be paid under this Omnibus Agreement until such amount is paid.
Appears in 1 contract
Remedies in Arbitration. In the event of a dispute about the existence or amount of a payment obligation created under this Agreement, the Arbitrator shall award the prevailing party its reasonable attorneys’ ' fees and costs. In addition, if the Arbitrator finds that any Signatory(ies) or its affiliate(s) underpaid or declined to pay a sum that it was obliged to pay any other Signatory(ies) under the terms of this Agreement, the Arbitrator shall award that other Signatory(ies) interest on the unpaid or underpaid payment at the prime rate as published in the Wall Street Journal on the date that the unpaid or underpaid payment was due (or, if the actual cost of replacement funds was greater than the prime rate, the prevailing party’s 's actual cost of replacement funds), running from the date that the unpaid amount was required to be paid under this Agreement until such amount is paid.
Appears in 1 contract
Samples: Mastercard Settlement and Judgment Sharing Agreement (Mastercard Inc)