Substantially Prevailing Party Sample Clauses
The 'Substantially Prevailing Party' clause defines which party in a dispute is considered to have won the majority of their claims or achieved their main objectives in a legal proceeding. In practice, this determination is often used to decide who is entitled to recover legal fees or costs, and it may apply even if the party did not win on every single issue. For example, if a plaintiff wins most of their claims but loses a minor one, they may still be deemed the substantially prevailing party. The core function of this clause is to provide a clear standard for awarding costs or fees, thereby reducing ambiguity and potential disputes over who should bear litigation expenses.
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Substantially Prevailing Party. In the event a Party pursues any Legal Remedy arising out of or related to this Agreement, the substantially prevailing Party shall be entitled to reasonable attorneys’ fees and costs, including those fees and costs incurred on appeal or in any bankruptcy proceeding. For purposes of the Agreement, the “substantially prevailing party” is the Party which successfully prosecutes the Legal Remedy or successfully defends against it and prevails on the main issues, even if not necessarily to the extent of its original contentions.
Substantially Prevailing Party. The substantially prevailing party in any legal proceeding, including mediation and arbitration, based upon this Agreement shall be entitled to reasonable attorneys’ fees and costs, in addition to any other damages and relief allowed by law, from the substantially non-prevailing party; provided, however, that the maximum amount of fees and costs of all parties for which Employee shall be liable shall be $100,000.