Prevailing Party Attorneys’ Fees. The prevailing party in any action to enforce any remedy available under this Section 9 (a “Claim”) shall be entitled to an award of its reasonable attorneys’ fees incurred in relation to the Claim, in an amount to be fixed either pursuant to stipulation by the parties to a given case or the court provided that if it is AACS LA or a Third Party Beneficiary acting as a plaintiff, such plaintiff must establish by clear and convincing evidence that the defendant Fellow Adopter, Content Participant or Content Provider has materially breached or engaged in a pattern or practice of breaching the relevant Approved License.
Appears in 2 contracts
Samples: Advanced Access Content System, Access Content System
Prevailing Party Attorneys’ Fees. The prevailing party in any action to enforce any remedy available under this Section 9 10 (a “Claim”) shall be entitled to an award of its reasonable attorneys’ attorneys fees incurred in relation to the Claim, in an amount to be fixed either pursuant to stipulation by the parties to a given case or the court court, provided that if it is AACS LA or a Third Party Beneficiary acting as a plaintiff, such plaintiff must establish by clear and convincing evidence that the defendant Fellow Adopter, Fellow Content Participant or Content Provider has materially breached or engaged in a pattern or practice of breaching the relevant Approved License.
Appears in 2 contracts
Samples: Participant Agreement, Content Participant Agreement
Prevailing Party Attorneys’ Fees. The prevailing party in any action to enforce any remedy available under this Section 9 10 (a “Claim”) shall be entitled to an award of its reasonable attorneys’ attorneys fees incurred in relation to the Claim, in an amount to be fixed either pursuant to stipulation by the parties to a given case or the court court, provided that if it is AACS LA or a Third Party Beneficiary acting as a plaintiff, such plaintiff must establish by clear and convincing evidence that the defendant Fellow Adopter, Fellow Content Provider or Content Participant or Content Provider has materially breached or engaged in a pattern or practice of breaching the relevant Approved License.
Appears in 2 contracts
Samples: Aacs Content Provider Agreement, Aacs Content Provider Agreement
Prevailing Party Attorneys’ Fees. The prevailing party in any action to enforce any remedy available under this Section 9 8 (a “Claim”) shall be entitled to an award of its reasonable attorneys’ fees incurred in relation to the Claim, in an amount to be fixed either pursuant to stipulation by the parties to a given case or the court provided court; provided, that if it is AACS LA or a Third Party Beneficiary acting as a plaintiff, such plaintiff must establish by clear and convincing evidence that the defendant Service Provider, Fellow Service Provider, Adopter, Content Participant or Content Provider has materially breached or engaged in a pattern or practice of breaching the relevant Approved License.
Appears in 2 contracts
Samples: Aacs Online, Aacs Online
Prevailing Party Attorneys’ Fees. The prevailing party in any action to enforce any remedy available under this Section 9 (a “Claim”) shall be entitled to an award of its reasonable attorneys’ fees incurred in relation to the Claim, in an amount to be fixed either pursuant to stipulation by the parties to a given case or the court provided that if it is AACS LA or a Third Party Beneficiary acting as a plaintiff, such plaintiff must establish by clear and convincing evidence that the defendant Fellow Adopter, Content Participant or Content Provider has materially breached or engaged in a pattern or practice of breaching the relevant Approved License.. For review only - Not for execution
Appears in 1 contract
Samples: Access Content System
Prevailing Party Attorneys’ Fees. The prevailing party in any action to enforce any remedy available under this Section 9 (a “"Claim”") shall be entitled to an award of its reasonable attorneys’ attorneys fees incurred in relation to the Claim, in an amount to be fixed either pursuant to stipulation by the parties to a given case or the court provided that if it is AACS LA or a Third Party Beneficiary acting as a plaintiff, such plaintiff must establish by clear and convincing evidence that the defendant Fellow Adopter, Adopter or Content Participant or Content Provider has materially breached or engaged in a pattern or practice of breaching the relevant Approved LicenseAdopter Agreement or Content Participant Agreement.
Appears in 1 contract
Samples: Adopter Agreement
Prevailing Party Attorneys’ Fees. The prevailing party in any action to enforce any remedy available under this Section 9 10 (a “"Claim”") shall be entitled to an award of its reasonable attorneys’ attorneys fees incurred in relation to the Claim, in an amount to be fixed either pursuant to stipulation by the parties to a given case or the court court, provided that if it is AACS LA or a Third Party Beneficiary acting as a plaintiff, such plaintiff must establish by clear and convincing evidence that the defendant Fellow Adopter, Fellow Content Participant or Content Provider Participant has materially breached or engaged in a pattern or practice of breaching the relevant Approved LicenseAdopter Agreement or Content Participant Agreement.
Appears in 1 contract
Samples: Participant Agreement