Common use of Costs of Arbitration and Attorney’s Fees Clause in Contracts

Costs of Arbitration and Attorney’s Fees. The Company will bear the arbitrator’s fee and other costs associated with any arbitration, unless the arbitrator, acting under Federal Rule of Civil Procedure 54(d)(1), elects to award these fees to the Company. Attorney’s fees [1] may be awarded to the prevailing party if expressly authorized by statute, or otherwise each party will bear its own attorney’s fees and costs but [2] Executive’s attorney’s fees and other associated costs and expenses will be borne by the Change Entity with respect to any claim arising under Section 5.07 but only if the arbitrator concludes the claim legitimately relates to matters within the contemplation of Section 5.07 (otherwise, the rule described in Section 9.06[1] will apply). Notwithstanding the foregoing: [a] any costs being reimbursed must relate to a claim brought during the lifetime of the Executive with respect to an alleged breach of any obligation of the Company under this Agreement; [b] the amount eligible for reimbursement during any taxable year of the Executive may not affect the amount eligible for reimbursement in any other taxable year; [c] any reimbursement must be made on or before the last day of the Executive’s taxable year following the taxable year in which the cost was incurred; and [d] the right to reimbursement for such costs is not subject to liquidation or exchange for another benefit.

Costs of Arbitration and Attorney’s Fees. The Company will bear the arbitrator’s 's fee and other costs associated with any arbitration, unless the arbitrator, acting under Federal Rule of Civil Procedure 54(d)(1), elects to award these fees to the Company. Attorney’s 's fees [1] may be awarded to the prevailing party if expressly authorized by statute, or otherwise each party will bear its own attorney’s 's fees and costs but [2] Executive’s 's attorney’s 's fees and other associated costs and expenses will be borne by the Change Entity with respect to any claim arising under Section 5.07 but only if the arbitrator concludes the claim legitimately relates to matters within the contemplation of Section 5.07 (otherwise, the rule described in Section 9.06[1] will apply). Notwithstanding the foregoing: [a] any costs being reimbursed must relate to a claim brought during the lifetime of the Executive with respect to an alleged breach of any obligation of the Company under this Agreement; [b] the amount eligible for reimbursement during any taxable year of the Executive may not affect the amount eligible for reimbursement in any other taxable year; [c] any reimbursement must be made on or before the last day of the Executive’s 's taxable year following the taxable year in which the cost was incurred; and [d] the right to reimbursement for such costs is not subject to liquidation or exchange for another benefit.

Costs of Arbitration and Attorney’s Fees. The Company will bear the arbitrator’s fee and other costs associated with any arbitration, unless the arbitrator, acting under Federal Rule of Civil Procedure 54(d)(1), elects to award these fees to the Company. Attorney’s fees [1] may be awarded to the prevailing party if expressly authorized by statute, or otherwise each party will bear its own attorney’s fees and costs costs, but [2] the Executive’s attorney’s fees and other associated costs and expenses will be borne by the Change Entity with respect to any claim arising under Section 5.07 but only if the arbitrator concludes the claim legitimately relates to matters within the contemplation of Section 5.07 (otherwise, the rule described in Section 9.06[1] will apply). Notwithstanding the foregoing: [a] any costs being reimbursed must relate to a claim brought during the lifetime of the Executive with respect to an alleged breach of any obligation of the Company under this Agreement; [b] the amount eligible for reimbursement during any taxable year of the Executive may not affect the amount eligible for reimbursement in any other taxable year; [c] any reimbursement must be made on or before the last day of the Executive’s taxable year following the taxable year in which the cost was incurred; and [d] the right to reimbursement for such costs is not subject to liquidation or exchange for another benefit.

Costs of Arbitration and Attorney’s Fees. The Company will bear the arbitrator’s fee and other costs associated with any arbitration, unless the arbitrator, acting under Federal Rule of Civil Procedure 54(d)(1), elects to award these fees to the Company. Attorney’s fees [1] (i) may be awarded to the prevailing party Party if expressly authorized by statute, or otherwise each party Party will bear its own attorney’s fees and costs costs, but [2] (ii) the Executive’s attorney’s fees and other associated costs and expenses will be borne by the Change Entity Company with respect to any claim arising under Section 5.07 9(a)(iv) but only if the arbitrator concludes the claim legitimately relates to matters within the contemplation of Section 5.07 9(a)(iv) (otherwise, the rule described in Section 9.06[1] 11(f)(i) will apply). Notwithstanding the foregoing: [a] (A) any costs being reimbursed must relate to a claim brought during the lifetime of the Executive with respect to an alleged breach of any obligation of the Company under this Agreement; [b] (B) the amount eligible for reimbursement during any taxable year of the Executive may not affect the amount eligible for reimbursement in any other taxable year; [c] (C) any reimbursement must be made on or before the last day of the Executive’s taxable year following the taxable year in which the cost was incurred; and [d] (D) the right to reimbursement for such costs is not subject to liquidation or exchange for another benefit.

Costs of Arbitration and Attorney’s Fees. The Company will bear the arbitrator’s 's fee and other costs associated with any arbitration, unless the arbitrator, acting under Federal Rule of Civil Procedure 54(d)(1), elects to award these fees to the Company. Attorney’s 's fees [1] may be awarded to the prevailing party if expressly authorized by statute, or otherwise each party will bear its own attorney’s 's fees and costs costs, but [2] the Executive’s 's attorney’s 's fees and other associated costs and expenses will be borne by the Change Entity with respect to any claim arising under Section 5.07 but only if the arbitrator concludes the claim legitimately relates to matters within the contemplation of Section 5.07 (otherwise, the rule described in Section 9.06[1] will apply). Notwithstanding the foregoing: [a] any costs being reimbursed must relate to a claim brought during the lifetime of the Executive with respect to an alleged breach of any obligation of the Company under this Agreement; [b] the amount eligible for reimbursement during any taxable year of the Executive may not affect the amount eligible for reimbursement in any other taxable year; [c] any reimbursement must be made on or before the last day of the Executive’s 's taxable year following the taxable year in which the cost was incurred; and [d] the right to reimbursement for such costs is not subject to liquidation or exchange for another benefit.