Cost and Fees. The Company agrees to pay all costs and expenses, including reasonable attorneys’ fees, which may be incurred by the Holder in collecting any amount due under this Debenture.
Cost and Fees. Transmission charges for sending data shall be borne by the transmitting party and the charges for receiving data shall be borne by the receiving party. If You elect a direct data connection line for the Data Exchange that uses EDI as the Transfer Method, You shall pay all costs incurred by UPS for installing a dedicated line or telecom costs for connecting to You or Your Service Provider. Any processing fees incurred by UPS as a result of a change in location shall be payable by You.
Cost and Fees. The prevailing party in any action related to the dispute or interpretation of the Purchase Order shall be entitled to recover its reasonable attorneys fees incurred in pursuing the action, including those fees incurred throughout all bankruptcy and appellate proceedings.
Cost and Fees. The CONSULTANT shall be paid on the basis set forth in "Exhibit 3" to this CONTRACT. If the CONSULTANT provides SERVICES hereunder, it shall be paid on a cost-plus-fixed-fee basis as set forth in “Exhibit 3" to this CONTRACT. Under no circumstances shall the COMMISSION be liable for any amounts, including any costs, which exceed the maximum dollar amount of compensation that is specified in Exhibit 3.
Cost and Fees. The CONSULTANT shall be paid on the basis set forth in "Exhibit 3" to this CONTRACT. Under no circumstances shall the LPA be liable for any amounts, including any costs, which exceed the maximum dollar amount of compensation that is specified in and set forth in “Exhibit 3”.
Cost and Fees. In the event that any of the parties hereto institutes any action, arbitration, suit or proceeding to enforce the provisions of this Agreement, or for breach thereof, or to declare the right of the parties with respect thereto, the prevailing party shall be entitled to recover, in addition to damages, injunctive or other relief, reasonable costs and expenses including, without limitation, costs and reasonable attorney’s fees incurred in the furtherance of such action, arbitration, suit or proceeding.
Cost and Fees. The Defending Member will bear all of its own costs and fees associated with the Defensive Patent Assertion (including all litigation expenses, legal fees, fees related to any United States Patent and Trademark Office or similar non-U.S. government agency action, and expert and consultant fees). The Defending Member will indemnify the Owner Member and COPA (if applicable) for all reasonable costs, attorneys’ fees, expenses, judgements, awards and other amounts incurred by the Owner Member or COPA (if applicable) with respect to the Defensive Patent Assertion. If there are more than one Defending Members involved in a particular Defensive Patent Assertion, they may agree on the allocation of costs and fees among themselves. In the absence of an agreement, all costs and fees will be shared equally among the Defending Members.
Cost and Fees. In any action or proceeding to enforce rights under this Agreement, the prevailing party shall be entitled to recover reasonable costs and reasonable attorney's fees.
Cost and Fees. The losing party shall pay administrative costs and arbitrator fees, unless otherwise divided or awarded by the arbitrator. If, in the arbitrator’s judgment, it is deemed more equitable to divide the arbitration costs and fees between the parties, the arbitrator shall determine in what portion against each party such costs and fees shall be assessed.
Cost and Fees. If the CONSULTANT provides SERVICES hereunder, it shall be paid on a labor hour/unit cost per parcel basis as set forth in “Exhibit 3" to this CONTRACT. If the CONSULTANT provides SERVICES hereunder, the maximum amount payable under this CONTRACT for all services that are provided hereunder is the dollar amount specified in Exhibit 3 to this CONTRACT hereof by reference as fully as if copied herein in words and figures. Under no circumstances shall the LPA be liable for any amounts, including all costs which exceed the maximum dollar amount of compensation that is specified in and set forth in the Exhibit 3. For purposes of this CONTRACT, “parcel,” also referred to as a “file,” is a piece of real estate, improved or unimproved, that may be acquired as part of a right of way project, or is defined by property lines, described in metes and bounds, or other acceptable legal description, and includes all interests necessary for the LPA to acquire fee simple title to the property, less any interests that the LPA may exclude. Warranty deeds, quitclaim deeds, temporary easements, or other instruments may be required from one or more holders of a possible interest in the parcel for the LPA to acquire fee simple title. Compensation shall be based on acquisition of a “parcel” or “file” and not on the number of instruments necessary for acquisition of a “parcel” or “file.” Each phase of the SERVICES, being appraisal, acquisition, relocation assistance, and property management, shall become eligible for payment following the appropriate determination by the LPA of the following: For Appraisal fees: Completion of the Appraisal and acceptance of the appraisal by the LPA. “Appraisal Revisions” shall be completed at fee to be determined by the LPA which shall be based on the percent of effort relative to the initial negotiated Appraisal fee. Completion and recommended approval of the appraisal by the Project Review Appraiser and establishment of the amount believed to be just compensation by the agency official constitutes acceptance of the appraisal. For Review Appraisal fees: Completion of the Review Appraisal and acceptance of said appraisal by the LPA. “Review Appraisal Revisions” shall be completed at fee to be determined by the LPA which shall be based on the percent of effort relative to the initial negotiated Review Appraisal fee. Establishment of the amount believed to be just compensation by the LPA constitutes acceptance of the Review Appraisal. For Acquisition...
