FEES AND EXPENSES OF THE ARBITRATION Sample Clauses

FEES AND EXPENSES OF THE ARBITRATION. The fees and expenses of the arbitrators and any other joint costs of the Arbitration (including, without limitation, incidental expenses of the arbitrators, facilities costs, and other joint expenses, but excluding each Party's attorneys' fees, expert fees, and other litigation expenses and costs) shall be ***: (i) in the case of a Patent Dispute, ***; (ii) for a Non-Patent Dispute, ***. If a Controlled Person, Third Party or other third party participates in the proceeding, the Arbitration Panel shall establish a fair allocation of joint costs to that Controlled Person, Third Party or other third party, taking into account the presumptive allocation established above, as well as the nature and scope of the Controlled Person's, Third Party's, or other third-party's interest in the proceeding. The failure of any Party to post its share of the joint costs shall subject that Party to monetary or other sanctions at the discretion of the Arbitration Panel, including terminating sanctions for repeated failure to post its share of the joint costs. Notwithstanding the divisions established in or -------- *** Certain information on this page has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions.
Sample 1
AutoNDA by SimpleDocs
FEES AND EXPENSES OF THE ARBITRATION. The joint costs of the Arbitration Appeal shall be ***. Upon announcement of the final award of the Appeal Panel, the *** (which shall be identified in the Appeal Panel's final award) *** of the joint costs other than the fees of the arbitrators and *** of the fees of the arbitrators *** for any expenditures in excess of that allocation previously made by such ***. However, the Appeal Panel shall require a Party to bear all or a greater proportion of the joint costs on appeal for all or a particular portion of the Arbitration Appeal, if it finds that Party's position in the Arbitration Appeal or portion of the Arbitration Appeal to have been frivolous or taken in bad faith. The failure of any Party to post its share of the joint costs shall subject that Party to monetary or other sanctions at the discretion of the Appeal Panel, including terminating sanctions for repeated failure to ***.
Sample 1
FEES AND EXPENSES OF THE ARBITRATION. The fees and expenses of the arbitrators and any other joint costs of the Arbitration (including, without limitation, incidental expenses of the arbitrators, facilities costs, and other joint expenses, but excluding each Party's attorneys' fees, expert fees, and other litigation expenses and costs) shall be [ * ]: (i) in the case of a Patent Dispute, [ * ]; (ii) for a Non-Patent Dispute, [ * ]. If a Controlled Person, Third Party or other third party participates in the proceeding, the Arbitration Panel shall establish a fair allocation of joint costs to that Controlled Person, Third Party or other third party, taking into account the presumptive allocation established above, as well as the nature and scope of the Controlled Person's, Third Party's, or other third-party's interest in the proceeding. The failure of any Party to post its share of the joint costs shall subject that Party to monetary or other sanctions at the discretion of the Arbitration Panel, including terminating sanctions for repeated failure to post its share of the joint costs. Notwithstanding the divisions established in or pursuant to this subsection, the Arbitration Panel shall require a Party to bear the entire cost of the Arbitration, or of a particular portion of the Arbitration, if it finds that Party's position in that Arbitration or portion of the Arbitration to have been frivolous or taken in bad faith.
Sample 1
FEES AND EXPENSES OF THE ARBITRATION. The joint costs of the Arbitration Appeal shall be [ * ]. Upon announcement of the final award of the Appeal Panel, the [ * ] (which shall be identified in the Appeal Panel's final award) [ * ] of the joint costs other than the fees of the arbitrators and [ * ] of the fees of the arbitrators. [ * ] for any expenditures in excess of that allocation previously made by such [ * ]. However, the Appeal Panel shall require a Party to bear all or a greater proportion of the joint costs on appeal for all or a particular portion of the Arbitration Appeal, if it finds that Party's position in the Arbitration Appeal or portion of the Arbitration Appeal to have been frivolous or taken in bad faith. The failure of any Party to post its share of the joint costs shall subject that Party to monetary or other sanctions at the discretion of the Appeal Panel, including terminating sanctions for repeated failure to [ * ].
Sample 1
FEES AND EXPENSES OF THE ARBITRATION. The expenses of the arbitration, including the arbitrator’s fees and expenses, and the cost of the hearing room shall be shared equally by the Employer and Union. Except as specifically provided in this provision, each party shall bear its own arbitration expenses, including costs and fees of its representatives, attorneys, witnesses, and its copy of the transcript. All time spent by Stewards or witnesses in participating in the arbitration process shall be unpaid.
Sample 1

Related to FEES AND EXPENSES OF THE ARBITRATION

  • Arbitration; Legal Fees and Expenses The parties agree that Executive’s employment and this Agreement relate to interstate commerce, and that any disputes, claims or controversies between Executive and the Company which may arise out of or relate to Executive’s employment relationship or this Agreement shall be settled by arbitration. This agreement to arbitrate shall survive the termination of this Agreement. Any arbitration shall be in accordance with the Rules of the American Arbitration Association and undertaken pursuant to the Federal Arbitration Act. Arbitration will be held in Oklahoma City, Oklahoma unless the parties mutually agree on another location. The decision of the arbitrator(s) will be enforceable in any court of competent jurisdiction. The parties agree that punitive, liquidated or indirect damages shall not be awarded by the arbitrator(s) unless such damages would have been awarded by a court of competent jurisdiction. Nothing in this agreement to arbitrate, however, shall preclude the Company from obtaining injunctive relief from a court of competent jurisdiction prohibiting any ongoing breaches by Executive of this Agreement including, without limitation, violations of Section 9. If any contest or dispute arises between the Company and Executive regarding any provision of this Agreement, the arbitrator may award to the prevailing party, the reasonable attorney fees, costs and expenses incurred by the prevailing party in connection with such contest or dispute.

  • Arbitration; Expenses Each party shall pay the fees and expenses of its appointed member and one-half the fees and expenses of the chair or single arbitrator.

  • Arbitration Fees and Costs If your claim seeks more than $75,000 in the aggregate, the payment of the AAA’s fees and costs will be governed by the AAA rules. If your claims seek less than $75,000 in the aggregate, the payment of the AAA’s fees and costs will be our responsibility. However, if the arbitrator finds that your Dispute was frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), the payment of the AAA’s fees and costs shall be governed by the AAA Rules and you shall reimburse us for all fees and costs that were your obligation to pay under the AAA Rules. You may hire an attorney to represent you in arbitration. You are responsible for your attorneys’ fees and additional costs and may only recover your attorneys’ fees and costs in the arbitration to the extent that you could in court if the arbitration is decided in your favor. Notwithstanding anything in this Arbitration Provision to the contrary, we will pay all fees and costs that it is required by law to pay.

  • Legal Fees and Expenses The parties shall each bear their own expenses, legal fees and other fees incurred in connection with this Agreement.

  • ARBITRATION AND ATTORNEYS' FEES Any controversy or claim arising out of or relating to this Agreement, or breach thereof, including without limitation claims against either party, its affiliates employees, professionals, officers or directors shall be settled by binding arbitration in Los Angeles, California, in accordance with the Commercial Rules of the American Arbitration Association. The arbitrator shall be an active member of the California bar. In the proceeding, the arbitrator shall apply California substantive law and the California Evidence Code, except that the arbitrator's authority in awarding damages shall be interpreted under New York law. The arbitrator shall prepare an award in writing, which shall include factual findings and any legal conclusions on which the decision is based. Judgment upon any award rendered by the Arbitrator(s) may be entered in any court having jurisdiction thereof. In any such proceeding, the prevailing party shall be entitled, in addition to any other relief awarded or adjudged, such sum as the Arbitrator(s) may fix as and for reasonable attorneys' fees and costs, and the same shall be included in the award and any judgment.

  • Attorneys’ Fees and Expenses Evidence that the costs and expenses (including reasonable attorneys’ fees) referred to in Section 12.1, to the extent invoiced, shall have been paid in full by Borrower;

  • Payment Of Arbitration Costs And Fees The arbitrator shall award all costs and expenses of the arbitration proceeding.

  • Arbitration; Attorneys’ Fees Except in connection with enforcing Section 10 hereof, for which legal and equitable remedies may be sought in a court of law, any dispute arising under this Agreement shall be subject to arbitration. The arbitration proceeding shall be conducted in accordance with the Commercial Arbitration Rules of the American Arbitration Association (the “AAA Rules”) then in effect, conducted by one arbitrator either mutually agreed upon or selected in accordance with the AAA Rules. The arbitration shall be conducted in King County, Washington, under the jurisdiction of the Seattle office of the American Arbitration Association. The arbitrator shall have authority only to interpret and apply the provisions of this Agreement, and shall have no authority to add to, subtract from or otherwise modify the terms of this Agreement. Any demand for arbitration must be made within sixty (60) days of the event(s) giving rise to the claim that this Agreement has been breached. The arbitrator’s decision shall be final and binding, and each party agrees to be bound to by the arbitrator’s award, subject only to an appeal therefrom in accordance with the laws of the State of Washington. Either party may obtain judgment upon the arbitrator’s award in the Superior Court of King, County, Washington. If it becomes necessary to pursue or defend any legal proceeding, whether in arbitration or court, in order to resolve a dispute arising under this Agreement, the prevailing party in any such proceeding shall be entitled to recover its reasonable costs and attorneys’ fees.

  • Arbitration Costs 1. The expenses and fees of the arbitrator, and the cost (if any) of the hearing room, will be shared equally by the parties.

Time is Money Join Law Insider Premium to draft better contracts faster.