Dispute or Contest. In the unlikely event that a dispute occurs or an action in law or equity arises out of the operation, construction, or interpretation of this Agreement, Employee shall bear the expense of the attorney's fees and costs incurred by Employer in the action.
Dispute or Contest. In the unlikely event that a dispute occurs or an action in law or equity arises out of the operation, construction or interpretation of this Agreement, Consultant shall bear the expense of the attorney's fees and costs incurred by Consultant in the action.
Dispute or Contest. In the unlikely event that a dispute occurs or an action in law or equity arises out of the operation, construction, or interpretation of this Agreement, the prevailing party shall be entitled, in addition to any other relief granted to reasonable expenses for attorneys' fees and costs incurred by such party in the action,.
Dispute or Contest. Arbitration. In the unlikely event that a dispute occurs applicable to the operation, construction, interpretation, or enforcement of this Agreement, the Parties may agree to submit the dispute to a commercial arbitrator so that the matter may be arbitrated in lieu of resolving the dispute in a court of law or equity. If the Parties agree to arbitration, then the Parties shall choose an arbitrator from the American Arbitration Association and utilize their procedures for complex commercial arbitrations.
Dispute or Contest. Arbitration. In the unlikely event that a dispute occurs applicable to the operation, construction, interpretation or enforcement of this agreement, the parties hereby agree to submit said dispute to a commercial arbitrator so that the matter may be arbitrated in lieu of resolving said dispute in a court of law or equity. The parties shall choose an arbitrator from the American Arbitration Association pursuant to the following process: The parties shall request from the American Arbitration Association a list of nine commercial arbitrators and each party, assuming there are two parties to the agreement, shall have four strikes and thereby strike from said list the arbitrators they do not wish to use. The remaining arbitrator, the one that has not been stricken, shall be the arbitrator that shall hear the matter. The parties agree to follow the American Arbitration Association rules, guidelines and procedures. The Arbitrator shall set the matter for hearing; and shall control the procedures used therein .The parties shall abide by the arbitrator's decision, which shall be final and binding. The parties hereto agree that there shall be no right to appeal the arbitrator's decision. In the event the losing party refuses to comply with the arbitrator's decision, parties hereby agrees to an award of Five Thousand and No/100ths ($5,000.00) Dollars as punitive and/or liquidated damages for said party's noncompliance with the arbitrator's decision. Said party furthermore agrees to reimburse the prevailing party, any and all attorneys fees, and costs of litigation incurred in order to compel the losing party's performance in compliance with the arbitrator's decision.
Dispute or Contest. In the event that a dispute occurs or an action in law or equity arises out of the operation, construction, or interpretation of this Agreement, the losing party shall bear the expense of attorney's fees and costs incurred by the prevailing party in the action.
Dispute or Contest. (a) the validity of the trademarks related to the System or the registration thereof, whether said registrations are now existing or hereafter obtained; (b) the exclusive ownership by Entry-Master of the System, the trademarks related to the System, or the Technical Information; (c) the exclusive ownership by Entry-Master of the present or future goodwill of the business appertaining to said trademarks related to the System, the Technical Information and the System in the Territory; or (d) the exclusive proprietary rights of the trademarks related to the System, the Technical Information and all methods or techniques related thereto heretofore or hereafter developed, or used in or in connection with the System, and whether or not any of such information is trademarked or trademarkable, copyrightable or copyrighted, patented or patentable or otherwise protected or protectable.
Dispute or Contest. In the event that a dispute occurs or an action in law or equity arises out of the operation, construction or interpretation of this Agreement, the party prevailing shall be entitled to reasonable attorney’s fees and cost arising on award.