Common use of Arbitration; Legal Fees Clause in Contracts

Arbitration; Legal Fees. Except as provided in Section 10 hereof, any dispute or controversy arising under or in connection with this Agreement shall be settled exclusively by arbitration in Atlanta, Georgia in accordance with the rules of the American Arbitration Association then in effect. Judgment may be entered on the arbitrator's award in any court having jurisdiction. Enfinity shall reimburse the Executive for all reasonable legal fees and costs and other fees and expenses that the Executive may incur in respect of any dispute or controversy arising against Enfinity under or in connection with this Agreement; provided, however, that Enfinity shall not reimburse any such fees, costs and expenses if the fact finder determines that an action brought by the Executive was substantially without merit. Notwithstanding the foregoing, in the event of a Change of Control, Enfinity shall be unconditionally responsible for legal fees, costs and expenses with respect to any action brought by the Executive against Enfinity arising from this Agreement.

Arbitration; Legal Fees. Except as provided in Section 10 hereof, any dispute or controversy arising under or in connection with this Agreement shall be settled exclusively by arbitration in Atlanta, Georgia in accordance with the rules of the American Arbitration Association then in effect. Judgment may be entered on the arbitrator's award in any court having jurisdiction. Enfinity shall reimburse the Executive for all reasonable legal fees and costs and other fees and expenses that the Executive may incur in respect of any dispute or controversy arising against Enfinity under or in connection with this Agreement; provided, however, that Enfinity shall not reimburse any such fees, costs and expenses if the fact finder determines that an action brought by the Executive was substantially without merit. Notwithstanding the foregoing, in the event of a Change of Control, Enfinity shall be unconditionally responsible for legal fees, costs and expenses with respect to any action brought by merit or the Executive against Enfinity arising from this Agreementis otherwise unsuccessful in such an action.

Arbitration; Legal Fees. Except as provided in Section 10 8 hereof, any dispute or controversy arising under or in connection with this Agreement shall be settled exclusively by arbitration in Atlanta, Georgia in accordance with the rules of the American Arbitration Association then in effect. Judgment may be entered on the arbitrator's award in any court having jurisdiction. Enfinity The Company shall reimburse the Executive for all reasonable legal fees and costs and other fees and expenses that the Executive may incur in respect of any dispute or controversy arising against Enfinity the Company under or in connection with this Agreement; provided, however, that Enfinity the Company shall not reimburse any such fees, costs and expenses if the fact finder determines that an action brought by the Executive was substantially without merit. Notwithstanding the foregoing, in the event of a Change of Control, Enfinity shall be unconditionally responsible for legal fees, costs and expenses with respect to any action brought by the Executive against Enfinity arising from this Agreement.

Arbitration; Legal Fees. Except as provided in Section 10 9 hereof, any dispute or controversy arising under or in connection with this Agreement shall be settled exclusively by arbitration in Atlanta, Georgia in accordance with the rules of the American Arbitration Association then in effect. Judgment may be entered on the arbitrator's award in any court having jurisdiction. Enfinity shall reimburse the Executive for all reasonable legal fees and costs and other fees and expenses that the Executive may incur in respect of any dispute or controversy arising against Enfinity under or in connection with this Agreement; provided, however, that Enfinity shall not reimburse any such fees, costs and expenses if the fact finder determines that an action brought by the Executive was substantially without merit. Notwithstanding the foregoing, in the event of a Change of Control, Enfinity shall be unconditionally responsible for legal fees, costs and expenses with respect to any action brought by the Executive against Enfinity arising from this Agreement.