Common use of Fees and Costs Clause in Contracts

Fees and Costs. Any filing or administrative fees shall be borne initially by the party requesting arbitration. The Company shall be responsible for the costs and fees of the arbitration, unless the Grantee wishes to contribute (up to 50%) of the costs and fees of the arbitration. Notwithstanding the foregoing, the prevailing party in such arbitration, as determined by the arbitrator, and in any enforcement or other court proceedings, shall be entitled, to the extent permitted by law, to reimbursement from the other party for all of the prevailing party’s costs (including but not limited to the arbitrator’s compensation), expenses, and attorneys’ fees.

Appears in 24 contracts

Samples: Restricted Stock Agreement (Wynn Resorts LTD), Performance Restricted Stock Agreement (Cpi International, Inc.), Restricted Stock Unit Agreement (PNK Entertainment, Inc.)

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Fees and Costs. Any filing or administrative fees shall be borne initially by the party requesting arbitration. The Company shall be responsible for the costs and fees of the arbitration, unless the Grantee Optionee wishes to contribute (up to 50%) of the costs and fees of the arbitration. Notwithstanding the foregoing, the prevailing party in such arbitration, as determined by the arbitrator, and in any enforcement or other court proceedings, shall be entitled, to the extent permitted by law, to reimbursement from the other party for all of the prevailing party’s costs (including but not limited to the arbitrator’s compensation), expenses, and attorneys’ fees.

Appears in 19 contracts

Samples: Performance Stock Option Agreement (Cpi International, Inc.), Performance Stock Option Agreement (Cpi International, Inc.), Stock Option Agreement (PNK Entertainment, Inc.)

Fees and Costs. Any filing or administrative fees shall be borne initially by the party requesting arbitration. The Company shall be responsible for the costs and fees of the arbitration, unless the Grantee wishes to contribute (up to 50%) of the costs and fees of the arbitration. Notwithstanding the foregoing, the prevailing party in such arbitration, as determined by the arbitrator, and in any enforcement or other court proceedings, shall be entitled, to the extent permitted by law, to reimbursement from the other party for all of the prevailing party’s 's costs (including but not limited to the arbitrator’s 's compensation), expenses, and attorneys' fees.

Appears in 9 contracts

Samples: Restricted Stock Agreement (Charter Communications, Inc. /Mo/), Performance Restricted Stock Unit Award Agreement (Cpi International, Inc.), Performance Restricted Stock Agreement (Cpi International, Inc.)

Fees and Costs. Any filing or administrative fees shall be borne initially by the party requesting arbitration. The Company shall be responsible for the costs and fees of the arbitration, unless the Grantee Optionee wishes to contribute (up to 50%) of the costs and fees of the arbitration. Notwithstanding the foregoing, the prevailing party in such arbitration, as determined by the arbitrator, and in any enforcement or other court proceedings, shall be entitled, to the extent permitted by law, to reimbursement from the other party for all of the prevailing party’s 's costs (including but not limited to the arbitrator’s 's compensation), expenses, and attorneys' fees.

Appears in 6 contracts

Samples: Stock Option Agreement (Wynn Resorts LTD), Stock Option Agreement (Cpi International, Inc.), Stock Option Agreement (Cpi International, Inc.)

Fees and Costs. Any filing or administrative fees shall be borne initially by the party requesting arbitration. The Company shall be responsible for the costs and fees of the arbitration, unless the Grantee Optionee wishes to contribute (up to 50%) of the costs and fees of the arbitration. Notwithstanding the foregoing, the prevailing party in such arbitration, as determined by the arbitrator, and in any enforcement or other court proceedings, shall be entitled, to the extent permitted by law, to reimbursement from the other party for all of the prevailing party’s costs (including but not limited to the arbitrator’s compensation), expenses, and attorneys’ fees.

Appears in 4 contracts

Samples: Nonqualified Stock Option Agreement (PNK Entertainment, Inc.), Nonqualified Stock Option Agreement (PNK Entertainment, Inc.), Nonqualified Stock Option Agreement (Pinnacle Entertainment Inc)

Fees and Costs. Any filing or administrative fees shall be borne initially by the party Party requesting arbitration. The Company shall be responsible for the costs and fees of the arbitration, unless the Grantee wishes to contribute (up to 50%) of the costs and fees of the arbitration. Notwithstanding the foregoing, except as may be awarded to a prevailing party under applicable law, each Party shall be responsible for and pay their own attorneys’ fees and costs incurred in connection with such arbitration, provided, that in the event Executive is the prevailing party with respect to at least one material issue in any such arbitration, as determined by the arbitrator, and in any enforcement or other court proceedings, Company shall be entitled, to the extent permitted by law, to reimbursement from the other party responsible for all of the prevailing partyand pay Executive’s costs (including but not limited to the arbitrator’s compensation), expenses, and attorneys’ feesfees and costs incurred in connection with such arbitration.

Appears in 4 contracts

Samples: Employment Agreement (William Lyon Homes), Employment Agreement (William Lyon Homes), Employment Agreement (William Lyon Homes)

Fees and Costs. Any filing or administrative fees shall be borne initially by the party requesting arbitration. The Company shall be responsible for the costs and fees of the arbitration, unless the Grantee wishes to contribute (up to 50%) of the costs and fees of the arbitration. Notwithstanding the foregoing, the prevailing party in such arbitration, as determined by the arbitrator, and in any enforcement or other court proceedings, shall be entitled, to the extent permitted by law, to reimbursement from the other party for all of the prevailing party’s 's costs (including but not limited to the arbitrator’s 's compensation), expenses, and attorneys' fees.

Appears in 3 contracts

Samples: Restricted Stock Agreement (Charter Communications, Inc. /Mo/), Restricted Stock Agreement (Charter Communications Inc /Mo/), Performance Stock Unit Agreement (Peregrine Systems Inc)

Fees and Costs. Any filing or administrative fees shall be borne initially by the party requesting arbitration. The Company shall be responsible for the costs and fees of the arbitration, unless the Grantee wishes to contribute (up to 50%) of the costs and fees of the arbitration. Notwithstanding the foregoing, the prevailing party in such arbitration, as determined by the arbitrator, and in any enforcement or other court proceedings, shall be entitled, to the extent permitted by law, to reimbursement from the other party for all of the prevailing party’s costs (including but not limited to the arbitrator’s compensation), expenses, and attorneys’ fees.

Appears in 3 contracts

Samples: Nonqualified Stock Option Agreement (Charter Communications, Inc. /Mo/), Restricted Stock Unit Agreement (Charter Communications, Inc. /Mo/), Vessel Construction Agreement (Pinnacle Entertainment Inc)

Fees and Costs. Any filing or administrative fees shall be borne initially by the party requesting arbitration. The Company shall be responsible for the costs and fees of the arbitration, unless the Grantee Optionee wishes to contribute (up to 50%) of to the costs and fees of the arbitration. Notwithstanding the foregoing, the prevailing party in such arbitration, as determined by the arbitrator, and in any enforcement or other court proceedings, shall be entitled, to the extent permitted by law, to reimbursement from the other party for all of the prevailing party’s 's costs (including but not limited to the arbitrator’s 's compensation), expenses, and attorneys' fees.

Appears in 2 contracts

Samples: Corporation Stock Option Agreement (BIG 5 SPORTING GOODS Corp), Corporation Stock Option Agreement (Big 5 Sporting Goods Corp)

Fees and Costs. Any filing or administrative fees shall be borne initially by the party requesting arbitration. The Company shall be responsible for the costs and fees of the arbitration, unless the Grantee Executive wishes to contribute (up to 50%) of the costs and fees of the arbitration. Notwithstanding the foregoing, the prevailing party in such arbitration, as determined by the arbitrator, and in any enforcement or other court proceedings, shall be entitled, to the extent permitted by law, to reimbursement from the other party for all of the prevailing party’s costs (including but not limited to the arbitrator’s compensation), expenses, and attorneys’ fees.

Appears in 2 contracts

Samples: Employment Agreement (William Lyon Homes), Employment Agreement (William Lyon Homes)

Fees and Costs. Any filing or administrative fees shall be borne initially by the party requesting arbitration. The Company Corporation shall be responsible for the costs and fees of the arbitration, unless the Grantee wishes to contribute (up to 50%) of the costs and fees of the arbitration. Notwithstanding the foregoing, the prevailing party in such arbitration, as determined by the arbitrator, and in any enforcement or other court proceedings, shall be entitled, to the extent permitted by law, to reimbursement from the other party for all of the prevailing party’s 's costs (including but not limited to the arbitrator’s 's compensation), expenses, and attorneys' fees.

Appears in 2 contracts

Samples: Employment Agreement (Wellcare Health Plans, Inc.), Employment Agreement (Wellcare Health Plans, Inc.)

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Fees and Costs. Any filing or administrative fees shall -------------- be borne initially by the party requesting arbitration. The Company shall be responsible for the costs and fees of the arbitration, unless the Grantee Optionee wishes to contribute (up to 50%) of the costs and fees of the arbitration. Notwithstanding the foregoing, the prevailing party in such arbitration, as determined by the arbitrator, and in any enforcement or other court proceedings, shall be entitled, to the extent permitted by law, to reimbursement from the other party for all of the prevailing party’s 's costs (including but not limited to the arbitrator’s 's compensation), expenses, and attorneys' fees.

Appears in 1 contract

Samples: Stock Option Agreement (Pinnacle Entertainment Inc)

Fees and Costs. Any filing or administrative fees shall be borne initially by the party requesting arbitration. The Company Purchaser, on the one hand, and the Seller and Shareholders, on the other, shall each be responsible for the costs and fees of the arbitration, unless the Grantee wishes to contribute (up to 50%) % of the costs and fees of the arbitration. Notwithstanding the foregoing, as between the Purchaser, on the one hand, and the Seller and Shareholders on the other, the prevailing party in such arbitration, as determined by the arbitrator, and in any enforcement or other court proceedings, shall be entitled, to the extent permitted by law, to reimbursement from the other party for all of the prevailing party’s 's costs (including but not limited to the arbitrator’s 's compensation), expenses, and attorneys' fees.

Appears in 1 contract

Samples: Asset Purchase Agreement (Caminus Corp)

Fees and Costs. Any filing or administrative fees shall be borne initially by the party requesting arbitration. The Company shall be responsible for the costs and fees of the arbitration, unless the Grantee Employee wishes to contribute (up to 50%) of the costs and fees of the arbitration. Notwithstanding the foregoing, the prevailing party in such arbitration, as determined by the arbitrator, and in any enforcement or other court proceedings, shall be entitled, to the extent permitted by law, to reimbursement from the other party for all of the prevailing party’s costs (including but not limited to the arbitrator’s compensation), expenses, and attorneys’ fees.

Appears in 1 contract

Samples: Employment Agreement (William Lyon Homes)

Fees and Costs. Any filing or administrative fees shall be -------------- borne initially by the party requesting arbitration. The Company shall be responsible for the costs and fees of the arbitration, unless the Grantee Optionee wishes to contribute (up to 50%) of the costs and fees of the arbitration. Notwithstanding the foregoing, the prevailing party in such arbitration, as determined by the arbitrator, and in any enforcement or other court proceedings, shall be entitled, to the extent permitted by law, to reimbursement from the other party for all of the prevailing party’s 's costs (including but not limited to the arbitrator’s compensation's c ompensation), expenses, and attorneys' fees.

Appears in 1 contract

Samples: Nonqualified Stock Option Agreement (Pinnacle Entertainment Inc)

Fees and Costs. Any filing or administrative fees shall be borne initially by the party requesting arbitration. The Company shall be responsible for the costs and fees of the arbitration, unless the Grantee wishes to contribute (up to 50%) of the costs and fees of the arbitration. Notwithstanding the foregoing, the prevailing party in such arbitration, as determined by the arbitrator, and in any enforcement or other court proceedings, shall be entitled, to the extent permitted by law, to reimbursement from the other party for all of the prevailing party’s 's costs (including but not limited to the arbitrator’s 's compensation), expenses, and attorneys' fees.. 8.5

Appears in 1 contract

Samples: Services Agreement (Consolidated Freightways Corp)

Fees and Costs. Any filing or administrative fees shall be -------------- borne initially by the party requesting arbitration. The Company shall be responsible for the costs and fees of the arbitration, unless the Grantee Optionee wishes to contribute (up to 50%) of the costs and fees of the arbitration. Notwithstanding the foregoing, the prevailing party in such arbitration, as determined by the arbitrator, and in any enforcement or other court proceedings, shall be entitled, to the extent permitted by law, to reimbursement from the other party for all of the prevailing party’s 's costs (including but not limited to the arbitrator’s 's compensation), expenses, and attorneys' fees.

Appears in 1 contract

Samples: Nonqualified Stock Option Agreement (Pinnacle Entertainment Inc)

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