Costs of Arbitration. As part of the Final Determination, the arbitrator shall determine the allocation of the costs and expenses of the arbitration, including the arbitrator's fee and both parties' attorneys' fees and expenses, based upon the extent to which each party prevailed in the arbitration. In the event that any relief which is awarded is non-monetary, then such costs and expenses shall be allocated in any manner as may be determined by the arbitrators.
Appears in 11 contracts
Samples: Employment Agreement (Revcare Inc), Employment Agreement (Fuelnation Inc), Employment Agreement (Fuelnation Inc)
Costs of Arbitration. As part of the Final Determination, the arbitrator shall determine the allocation of the costs and expenses of the arbitration, including the arbitrator's ’s fee and both parties' ’ attorneys' ’ fees and expenses, based upon the extent to which each party prevailed in the arbitration. In the event that any relief which is awarded is non-monetarynonmonetary, then such costs and expenses shall be allocated in any manner as may be determined by the arbitrators.
Appears in 9 contracts
Samples: Employment Agreement (Tumi Holdings, Inc.), Employment Agreement (Tumi Holdings, Inc.), Employment Agreement (Tumi Holdings, Inc.)
Costs of Arbitration. As part of the Final Determination, the arbitrator shall determine the allocation of the costs and expenses of the arbitration, including the arbitrator's fee and both parties' attorneys' fees and expenses, based upon the extent to which each party prevailed in the arbitration. In the event that any relief which is awarded is non-monetary, then such costs and expenses shall be allocated in any manner as may be determined by the arbitratorsarbitrator(s).
Appears in 4 contracts
Samples: Employment Agreement (GT Solar International, Inc.), Employment Agreement (GT Solar International, Inc.), Employment Agreement (GT Solar International, Inc.)
Costs of Arbitration. As part of the Final Determination, the arbitrator shall determine the allocation of the costs and expenses of the arbitration, including the arbitrator's ’s fee and both parties' ’ attorneys' ’ fees and expenses, based upon the extent to which each party prevailed in the arbitration. In the event that any relief which is awarded is non-monetary, then such costs and expenses shall be allocated in any manner as may be determined by the arbitratorsarbitrator(s).
Appears in 3 contracts
Samples: Employment Agreement (GT Solar International, Inc.), Employment Agreement (Kemet Corp), Kemet Corporation (Kemet Corp)
Costs of Arbitration. As part of the Final Determination, the -------------------- arbitrator shall determine the allocation of the costs and expenses of the arbitration, including the arbitrator's fee and both parties' attorneys' fees and expenses, based upon the extent to which each party prevailed in the arbitration. In the event that any relief which is awarded is non-monetary, then such costs and expenses shall be allocated in any manner as may be determined by the arbitrators.
Appears in 3 contracts
Samples: Employment Agreement (Cypress Financial Services Inc), Employment Agreement (Cypress Financial Services Inc), Employment Agreement (Revcare Inc)
Costs of Arbitration. As The costs and expenses of the arbitration, including the arbitrator’s fees shall be paid by the non-prevailing party, as determined by the arbitrators as part of the Final Determination. In the event the arbitrators are unable to identify the prevailing party as part of the Final Determination, the arbitrator arbitrators shall determine the allocation of allocate the costs and expenses of the arbitration, including the arbitrator's fee and both parties' attorneys' fees and expensesarbitrators’ fees, based upon the extent to which each party prevailed in the arbitration. In the event that any relief which is awarded is non-monetary, then such costs and expenses shall be allocated in any manner as may be determined by the arbitratorstheir sole discretion.
Appears in 2 contracts
Samples: Employment Agreement (Diamond Resorts International, Inc.), Employment Agreement (Diamond Resorts International, Inc.)
Costs of Arbitration. As part of the Final Determination, the arbitrator shall determine the allocation of require that the costs and expenses of the arbitration, including the arbitrator's ’s fee and both parties' ’ attorneys' ’ fees and expenses, based upon be borne and paid by the extent to which each party prevailed that did not, in the arbitrator’s judgment, prevail in the arbitration. In the event that any relief which is awarded is non-monetary, then such costs and expenses shall be allocated in any manner as may be determined by the arbitrators.
Appears in 2 contracts
Samples: Separation Agreement and Release of Claims (Spirit Airlines, Inc.), Employment Agreement (Spirit Airlines, Inc.)
Costs of Arbitration. As part of the Final Determination, the arbitrator shall determine the allocation of the costs and expenses of the arbitration, including the arbitrator's ’s fee and both parties' ’ attorneys' ’ fees and expenses, based upon the extent to which each party prevailed in the arbitration. In the event that any relief which is awarded is non-monetary, then such costs and expenses shall be allocated in any manner as may be determined by the arbitrators.
Appears in 2 contracts
Samples: Employment Agreement (Tumi Holdings, Inc.), Employment Agreement (Revcare Inc)
Costs of Arbitration. As part of the Final Determination, the arbitrator shall determine the allocation of the costs and expenses of the arbitration, including the arbitrator's ’s fee and both parties' ’ attorneys' ’ fees and expenses, based upon the extent to which each party prevailed in the arbitration. In the event that any relief which is awarded is non-monetary, then such costs and expenses shall be allocated in any manner as may be determined by the arbitratorsarbitrator.
Appears in 2 contracts
Samples: Employment and Separation Agreement (Collins & Aikman Floor Coverings Inc), Employment Agreement (Collins & Aikman Floor Coverings Inc)
Costs of Arbitration. As part of the Final Determination, the arbitrator shall determine the allocation of the costs and expenses of the arbitration, including the arbitrator's fee and both parties' attorneys' fees and expenses, based upon the extent to which each party prevailed in the arbitration. In the event that any relief which is awarded is non-monetary, then such costs and expenses shall be allocated in any manner as may be determined by the arbitrators.the
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Costs of Arbitration. As part of the Final Determination, the arbitrator Arbitrator shall determine the allocation of the costs and expenses of the arbitration, including the arbitrator's Arbitrator’s fee and both parties' ’ attorneys' ’ fees and expenses, based upon the extent to which each party prevailed in the arbitration. In the event that any relief which is awarded is in non-monetary, then such costs and expenses shall be allocated in any manner as may be determined by the arbitratorsArbitrator.
Appears in 1 contract
Samples: Sub License and Distribution Agreement (Star Link Software Inc)
Costs of Arbitration. As part of the Final Determination, the arbitrator shall determine the allocation of require that the costs and expenses of the arbitration, including the arbitrator's ’s fee and both parties' ’ attorneys' ’ fees and expenses, based upon be borne and paid by the extent to which each party prevailed that did not, in the Exhibit 10.2 arbitrator’s judgment, prevail in the arbitration. In the event that any relief which is awarded is non-monetary, then such costs and expenses shall be allocated in any manner as may be determined by the arbitrators.
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Costs of Arbitration. As part of the Final Determination, the arbitrator shall determine the allocation of require that the costs and expenses of the arbitration, including the arbitrator's ’s fee and both parties' ’ attorneys' ’ fees and expenses, based upon be borne and paid by the extent to which each party prevailed that did not, in the arbitrator’s judgment, prevail in the arbitration. In the event that any relief which is awarded is non-monetary, then such costs and expenses shall be allocated in any manner as may be determined by the arbitrators.. Exhibit 10.35
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