Common use of Representation, Fees and Costs Clause in Contracts

Representation, Fees and Costs. Each party may be represented by an attorney or other representative selected by the party. Each party shall be responsible for its own attorneys’ or representative’s fees. However, if any party prevails on a statutory claim that affords the prevailing party’s attorneys’ fees, or if there is a written agreement providing for fees, the arbitrator may award reasonable fees to the prevailing party subject to written evidence of such fees and applicable law. Employer shall be responsible for the arbitrator’s fees and costs to the extent they exceed any fee or cost that Executive would be required to bear if the action were brought in court. Executive and Employer shall pay any required fees or costs to initiate or continue the arbitration proceeding within 60 days of receiving an invoice from JAMS. Executive and Employer agree that this provision preempts and supersedes any contrary provision in the California Arbitration Act or it the arbitration provider’s rules or in the terms of the invoices for the required fees or costs.

Representation, Fees and Costs. Each party may be represented by an attorney or other representative selected by the party. Each party shall be responsible for its own attorneys’ or representative’s fees. However, if any party prevails on a statutory claim that affords the prevailing party’s attorneys’ fees, or if there is a written agreement providing for fees, the arbitrator may award reasonable fees to the prevailing party subject to written evidence of such fees and applicable law. Employer shall be responsible for the arbitrator’s fees and costs to the extent they exceed any fee or cost that Executive would be required to bear if the action were brought in court. Executive and Employer shall pay any required fees or costs to initiate or continue the arbitration proceeding within 60 sixty (60) days of receiving an invoice from JAMS. Executive and Employer agree that this provision preempts and supersedes any contrary provision in the California Arbitration Act or it the arbitration provider’s rules or in the terms of the invoices for the required fees or costs.