Dispute Expenses. § 15.5.1 In the event of any dispute relating to this Agreement the Work or the Project, whether such dispute is resolved through arbitration or through judicial process, the prevailing party shall recover from the other party, the prevailing party’s “Dispute Expenses” incurred in arbitration, at trial or on appeal or review from a decision or determination in arbitration or following trial, including without limitation any proceeding under the US Bankruptcy Code. For purposes of this Agreement, the term “Dispute Expenses” shall include a recovery for the following items of expense: reasonable attorney and paralegal fees, reasonable fees for expert witnesses and consultants, costs for providing discovery materials, costs for creation of mediation or trial materials (including, without limitation, photographs, exhibits, analyses, diagrams, or plans) and a reasonable reimbursement for employed staff time incurred with respect to handling any such claim to completion. All the foregoing items shall be in addition to any statutory award of costs and fees provided under Oregon law. The foregoing provisions recognize the significant expenditure of public funds by the Owner under this Agreement and the necessity of the Owner to recoup expenses associated with recovering public money for breaches of this Agreement, for non-complying Work or for warranty or contractual claims.
Dispute Expenses. Subject to a court order to the contrary, each Party will bear their own attorneys’ fees and costs incurred in the event of any suit, hearing, mediation or litigation proceeding brought to enforce or construe the provisions of this Agreement.
Dispute Expenses. In the event of any dispute relating to this Agreement the Work or the Project, whether such dis mediation or through judicial process, the prevailing party shall recover from the other p party’s “Dispute Expenses” incurred in mediation, at trial or on appeal or review from a decisi mediation or following trial, including without limitation any proceeding under the US Ba lved through evailing mination in Code. For purposes of this Agreement, the term “Dispute Expenses” shall include a recovery for the following items of expense: reasonable attorney and paralegal fees, reasonable fees for expert witnesses and consultants, costs for providing discovery materials, costs for creation or mediation or trial materials (including, without limitation, photographs, exhibits, analyses, diagrams, or plans) and a reasonable reimbursement for employed staff time incurred with respect to handling any such claim to completion. All the foregoing items shall be in addition to any statutory award of costs and fees provided under Oregon law. The foregoing provisions recognize the significant expenditure of public funds by the Owner under this Agreement and the necessity of the Owner to recoup expenses associated with recovering public money for breaches of this Agreement, for non-complying Work or for warranty or contractual claims.
Dispute Expenses. SAMPLE CONTRACT
Dispute Expenses. Borrower and Lender each agree to pay to the opposing prevailing party, upon demand, reasonable attorneys’ fees and all costs and other expenses which the prevailing party expends or incurs in any dispute or litigation over any matters described in this Agreement, including but not limited to the collection, or defense against collection, of any amounts claimed to be payable by Borrower hereunder or in the enforcement of this Agreement against Borrower, whether or not suit is filed.
Dispute Expenses. The Purchaser and the Seller shall each pay the fees and disbursements of their separate Representatives incurred in the initial preparation, review and final determination of the Adjustment Amount. All fees and expenses relating to the work, if any, to be performed by the Accountants shall be borne fifty percent (50%) by the Seller and fifty percent (50%) by the Purchaser.
Dispute Expenses. If a party prevails in any action, suit, counterclaim, appeal, arbitration, mediation or other proceeding for any relief (collectively “Action”) to enforce the terms of this Agreement or to declare rights hereunder, the other party shall pay the sum incurred for ordinary and necessary attorneys’ fees and costs in connection with such Action or enforcing the same in addition to any damages and costs which the prevailing party otherwise would be entitled regardless of whether such action is prosecuted to a final judgment or award.
Dispute Expenses. In the event of a dispute between GEOK and Sellers with respect to the distribution of the Deposit, the prevailing party shall be entitled to be reimbursed by the other party for all reasonable costs, including attorneys fees, incurred as a result of such dispute.
Dispute Expenses. Notwithstanding any other provision in this Agreement to the contrary, the Company shall indemnify Indemnitee against all expenses incurred by Indemnitee in connection with any hearing or proceeding between the Company and Indemnitee involving the interpretation or enforcement of the rights of Indemnitee under this Agreement unless a court of competent jurisdiction finds that each of the material claims and/or defenses of Indemnitee in any such proceeding was frivolous or not made in good faith.
Dispute Expenses. § 15.5.1 In the event of any dispute relating to this Agreement the Work or the Project, whether such dispute is resolved through arbitration or through judicial process, the prevailing party shall recover from the other party, the prevailing party’s “Dispute Expenses” incurred in arbitration, at trial or on appeal or review from a decision or determination in arbitration or following trial, including without limitation any proceeding under the US Bankruptcy Code. For purposes of this Agreement, the term “Dispute Expenses” shall include a recovery for the following items of expense: reasonable attorney and paralegal fees, reasonable fees for expert witnesses and consultants, costs for providing discovery materials, costs for creation of mediation or trial materials (including, without limitation, photographs, exhibits, analyses, diagrams, or plans) and a reasonable reimbursement for employed staff time incurred with respect to handling any such claim to completion. All the foregoing items shall be in addition to any statutory award of costs and fees provided under Oregon law. The foregoing provisions recognize the significant expenditure of public funds by the Owner under this Agreement and the necessity of the Owner to recoup expenses associated with recovering public money for breaches of this Agreement, for non-complying Work or for warranty or contractual claims. EXHIBIT B FORMS OF WAIVERS AND RELEASES UNCONDITIONAL RELEASE ON PROGRESS PAYMENT CONDITIONAL RELEASE ON PROGRESS PAYMENT The undersigned does hereby acknowledge that upon receipt by the undersigned of a check from in the sum of $ for labor, services, equipment and materials, and covering all events, conditions and occurrences, on the above-referenced job, and when the check has been properly endorsed and has been paid by the bank upon which it was drawn, this document shall become effective to release any and all rights of lien and claims of lien, and any and all other claims, including but not limited to, negligence, breach of contract, delay and impact claims, or any other claims, which the undersigned has or may have, whether known or unknown, on the above-referenced job (“Claims”). This release covers full payment for all labor, services, equipment, materials, events, conditions, occurrences and Claims through (Date) only and does not cover unpaid retention or items furnished after that date. Before any recipient of this document relies on it, said party should verify evidence of payment ...
