Statutory Attorney’s Fees and Costs Sample Clauses

Statutory Attorney’s Fees and Costs. The Client acknowledges that the Attorneys have informed the Client that, under the American Rule, parties to lawsuits generally are responsible for payment of their own legal fees, and, subject to limited exceptions, the legal fees incurred by a party generally are not recoverable from the opposing party as part of any judgment or award, unless a contract between the parties, rule of court or statute specifically provides otherwise. As a result, the Client will be responsible for payment of his or its own legal fees for their breach of contract and common law tort claims, and it is unlikely that the Client will be able to recover such fees from Defendants. The Attorneys have informed the Client (a) that the Client and other Group Clients also have potentially meritorious statutory claims under Sections 1 and 2 of the Xxxxxxx Act and the Xxxxxxx Antitrust Act, 15 U.S.C. §§ 1 and 2, 15 and 26, and under the Racketeer Influenced and Corrupt Organizations Act (“RICO”), 18 U.S.C. §§ 18 U.S.C. §§ 1961-1968, et seq, and (b) that these statutes entitle any person injured in his business or property by means of violations of the respective laws to recover treble damages and costs of suit, including a reasonable attorney’s fee. See 18 U.S.C. § 1964 (RICO) and 15 U.S.C. § 15(a) (Xxxxxxx Antitrust Act). The award of costs and fees is not mandatory under either statute, but falls within the discretion of the Court. As a result, the Client agrees that, if the Client or any other Group Clients prevail on any claims under RICO or the Xxxxxxx or Xxxxxxx Antitrust Acts, the Client will cooperate in the application by Attorneys for the recovery of statutory attorneys’ fees and costs. If any such attorneys’ fees are awarded, in whole or in part, in connection with any judgment or award obtained in connection with any Group Claims against Chesapeake or Access Midstream, the Attorneys will be entitled to receive all such fees, over and above and in addition to the amount of any Contingent Legal Fee payable to the Attorneys. The Client also will cooperate in executing and deliver any documents that may be required to authorize and direct Chesapeake, Access Midstream, or any other defendant(s), to pay Client’s pro rata share of any such statutory attorneys’ fee or cost award directly to Attorneys, and shall promptly deliver and pay to the Attorneys any amounts received by the Client in connection with any such statutory fee award. To avoid any conflict of interest in connection ...
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Related to Statutory Attorney’s Fees and Costs

  • Attorneys’ Fees and Costs If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, costs and necessary disbursements in addition to any other relief to which he may be entitled.

  • Costs and Attorneys’ Fees In the event that any action, suit or other proceeding is instituted concerning or arising out of this Agreement or any transaction contemplated hereunder, the prevailing party shall recover all of such party’s costs and attorneys’ fees incurred in each such action, suit or other proceeding, including any and all appeals or petitions therefrom.

  • A ttorney’s Fees If either Party commences an action against the other Party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing Party in such litigation shall be entitled to have and recover from the losing Party reasonable attorney’s fees and all other costs of such action.

  • Attorneys’ Fees In the event of any dispute between the parties concerning the terms and provisions of this Warrant, the party prevailing in such dispute shall be entitled to collect from the other party all costs incurred in such dispute, including reasonable attorneys’ fees.

  • Legal Fees and Costs In the event a party elects to incur legal expenses to enforce or interpret any provision of this Agreement by judicial proceedings, the prevailing party will be entitled to recover such legal expenses, including, without limitation, reasonable attorneys’ fees, costs, and necessary disbursements at all court levels, in addition to any other relief to which such party shall be entitled.

  • Attorney’s Fee If any legal action or any arbitration or other proceeding is brought for the enforcement or interpretation of this Agreement, or because of an alleged dispute, breach, default or misrepresentation in connection with or related to this Agreement, the successful or prevailing party shall be entitled to recover reasonable attorneys' fees and other costs in connection with that action or proceeding, in addition to any other relief to which it or they may be entitled.

  • Reimbursement of Attorneys’ Fees and Costs The Parties acknowledge that Xxxxxxx and his counsel offered to resolve this dispute without reaching terms on the amount of fees and costs to be reimbursed to them, thereby leaving the issue to be resolved after the material terms of the agreement had been settled.

  • Fees and Costs As part of the Appeal Panel Award, the Appeal Panel is hereby directed to require the losing party (the party being awarded the least amount of money by the arbitrator, which, for the avoidance of doubt, shall be determined without regard to any statutory fines, penalties, fees, or other charges awarded to any party) to (a) pay the full amount of any unpaid costs and fees of the Arbitration and the Appeal Panel, and (b) reimburse the prevailing party (the party being awarded the most amount of money by the Appeal Panel, which, for the avoidance of doubt, shall be determined without regard to any statutory fines, penalties, fees, or other charges awarded to any part) the reasonable attorneys’ fees, arbitrator and Appeal Panel costs and fees, deposition costs, other discovery costs, and other expenses, costs or fees paid or otherwise incurred by the prevailing party in connection with the Arbitration (including without limitation in connection with the Appeal).

  • ATTORNEYS’ FEES AND LITIGATION EXPENSES 16. Lead Counsel will apply to the Court for a collective award of attorneys’ fees to Plaintiffs’ Counsel to be paid solely from (and out of) the Settlement Fund. Lead Counsel also will apply to the Court for payment or reimbursement of Litigation Expenses, which may include a request for reimbursement of Lead Plaintiff’s costs and expenses directly related to its representation of the Settlement Class, to be paid solely from (and out of) the Settlement Fund. Lead Counsel’s application for an award of attorneys’ fees and/or Litigation Expenses is not the subject of any agreement between Defendants and Lead Plaintiff other than what is set forth in this Stipulation.

  • Attorneys’ Fees and Expenses Evidence that the costs and expenses (including reasonable attorneys’ fees) referred to in Section 12.1, to the extent invoiced, shall have been paid in full by Borrower;

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