Nonprevailing Party definition

Nonprevailing Party means that party whose calculation of the Revenues is the least close to the Revenues as determined by the Accountant.
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Nonprevailing Party shall have the meaning set forth in Section 2.6.
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Examples of Nonprevailing Party in a sentence

  • All fees and expenses of any arbitration, including, but not limited to, reasonable attorneys’ fees and disbursements of all parties, with respect to a Dispute under this Agreement shall be borne by the Non-prevailing Party.

  • All fees and expenses of any arbitration, including, but not limited to, reasonable attorneys’ fees and disbursements of all parties, with respect to a Dispute under this Agreement will be borne by the Non-prevailing Party.

  • The Nonprevailing Party to an arbitration shall pay its own expenses, the fees of each arbitrator, the administrative costs of the arbitration and the expenses, including without limitation, reasonable attorneys' fees and costs, incurred by the other party to the arbitration.

  • For purposes of this Section 9.3(f), in any arbitration hereunder in which any claim or the amount thereof stated in the Claim Certificate is at issue, the claiming party shall be deemed to be the Nonprevailing Party in the event that the arbitrators award less than the sum of one-half (1/2) of the disputed amount plus any amounts not in dispute.