No Prevailing Party. The Parties each agree that they are not the prevailing party in this action, for purposes of any claim for fees, costs, or expenses as prevailing parties arising under common law or under the terms of any statute, because the Parties have reached a good faith settlement. The Parties each further waive any right to challenge or contest the validity of this Agreement on any ground, including, without limitation, that any term is unconstitutional or is preempted by, or in conflict with, any current or future law.
No Prevailing Party. The Parties and Participating Subdivisions each agree that they are not the prevailing party in this action, for purposes of any claim for fees, costs, or expenses as prevailing parties arising under common law or under the terms of any statute, because the Parties and Participating Subdivisions have reached a good faith settlement. The Parties and Participating Subdivisions each further waive any right to challenge or contest the validity of this Agreement on any ground, including, without limitation, that any term is unconstitutional or is preempted by, or in conflict with, any current or future law. Nothing in the previous sentence shall modify, or be construed to conflict with, Section XIV.M.
No Prevailing Party. The Parties and Participating Subdivisions each agree that they are not the prevailing party in this action, for purposes of any claim for fees, costs, or expenses as prevailing parties arising under common law or under the terms of any statute, because the Parties and Participating Subdivisions have reached a good faith settlement.
No Prevailing Party. Nothing in this Loan Agreement shall be construed to provide for award of attorneys’ fees and costs to the Authority or the Borrower for the enforcement of the Agreement as described in Section 1717 of the Civil Code. Nothing in this Section affects the rights of the Trustee provided herein.
No Prevailing Party. Nothing in this Master Loan Agreement shall be construed to provide for award of attorneys’ fees and costs, as described in Section 1717 of the Civil Code, for the enforcement of this Master Loan Agreement in any action to which the Authority is a party.
No Prevailing Party. Neither Plaintiff nor Defendant shall be deemed a “prevailing party” for any purpose, including any statutory or contractual claim based upon “prevailing party” status with respect to the Litigation.
No Prevailing Party. Given the mootness of the Parties’ dispute and the settlement of claims provided herein, the Parties agree that neither entity prevailed in the Litigation. Accordingly, neither Party shall be entitled to recover any expenses, fees, court costs, or attorney’s fees incurred in the Litigation from the other Party.
No Prevailing Party. The Parties each agree that they are not the prevailing party 11 in this action, for purposes of any claim for fees, costs, or expenses as prevailing parties arising 12 under common law or under the terms of any statute, because the Parties have reached a good 13 faith settlement. The Parties each further waive any right to challenge or contest the validity of 14 this Agreement on any ground, including, without limitation, that any term is unconstitutional or 15 is preempted by, or in conflict with, any current or future law.
No Prevailing Party. Except as otherwise provided in this Agreement, the Parties, and each of them, agree to bear their own attorneys’ fees and costs, and no Party shall be deemed to be a “prevailing party.”
No Prevailing Party. If neither party extends an offer of settlement, or if neither of the situations outlined in Sections (i) and (ii) above occur, then neither party shall be deemed a “prevailing party” for the purposes of recovering attorneys fees and cost hereunder, and each party shall bear its own attorneys fees and all other expenses incurred by such party in connection with any arbitration or other proceeding hereunder. The parties acknowledge they have fully read and understood this Agreement, and have had the opportunity to confer with legal counsel regarding its terms and conditions. EXECUTED as of the day and year first above written. SUB-DEALER NAME: OWNER/OFFICER (printed): SIGNATURE: TITLE: DEALER NAME: OWNER/OFFICER (printed): SIGNATURE: TITLE: Sub-Dealer Approval Granted: T-MOBILE USA, INC. By: Its: Date: Exhibit A to Sub Dealer Agreement T-Mobile Program Rules
