The "prevailing parties" clause stipulates that the party who wins a legal dispute or arbitration is entitled to recover certain costs, such as attorney fees and court expenses, from the losing party. This clause incentivizes parties to consider the potential financial implications before pursuing litigation or arbitration.
In the event action is brought to enforce the provisions of any Award and/or Plan pursuant to this paragraph, the non-prevailing parties shall be required to pay the reasonable attorney’s fees and expenses of the prevailing parties, except that if in the opinion of the court or arbitrator deciding such action there is no prevailing party, each party shall pay its own attorney’s fees and expenses.
If any Action is brought for the enforcement of this letter agreement, or in the event of any dispute, breach or default in connection with any of the provisions of this letter agreement, the prevailing party in such Action shall be entitled to recover from the non-prevailing party or non-prevailing parties in such Action reasonable attorneys' fees and other costs incurred in that action or proceeding in addition to any other relief to which the prevailing party may be entitled.
If arbitration is required to enforce or to interpret a provision of these Terms and Conditions or otherwise arises with respect to the subject matter herein, the prevailing parties shall be entitled, in addition to other rights and remedies that it may have, to reimbursement for its expenses incurred with respect to that action, including Court costs and reasonable legal fees at trial, on appeal and in connection with any petition for review.
The only remaining issue is whether the court will award attorneys’ fees to the prevailing parties.
6. Governing Law; Jurisdiction; Prevailing Parties. This Agreement shall be governed by and construed exclusively in accordance with the internal laws of the state of California, without regard to the conflicts of laws principles thereof. The parties hereby irrevocably agree that any suit or proceeding arising directly and/or indirectly pursuant to or under this Agreement shall be brought solely in a federal or state court located in the County of Orange, State of California. By execution hereof, the parties hereby covenant and irrevocably submit to the jurisdiction of the federal and state courts located in the County of Orange, State of California, and agree that any process in any such action may be served upon any of them personally, or by certified mail or registered mail addressed to them or their agent, returned receipt requested, with the same force and effect as personally served upon them in the state of California. The parties hereto expressly and irrevocably waive any claim that any such jurisdiction is not a convenient forum for any such suit or proceeding and any defense or lack of jurisdiction with respect thereto. In the event of any such action or proceeding, the party prevailing therein shall be entitled to payment from the other party to such action of its reasonably attorney’s fees and disbursements.
(f)Jurisdiction and Venue; Prevailing Parties. Any Action relating to, arising out of, or based upon this Agreement including, without limitation, any breach hereof (each, a “Proceeding”), shall be brought or otherwise commenced in the state courts of the State of Kansas located in Johnson County, Kansas (and if jurisdiction in the applicable Kansas court shall be unavailable, the federal courts of the U.S. sitting in Kansas), and each Party irrevocably and unconditionally, for itself and its property, hereby submits to the exclusive jurisdiction of such court in connection with any such Proceeding. Each Party hereby irrevocably and unconditionally waives, to the fullest extent it may legally and effectively do so, (a) any objection which it may now or hereafter have to the laying of venue of any such Proceeding in such court and (b) the defense that any Proceeding brought in such court has been brought in an inconvenient forum. Service of process, summons, notice, or other document by mail to such Party’s address set forth herein shall be effective service of process in any such Proceeding brought under this Section.
12. Prevailing Parties. In any action or proceeding brought to enforce any provision of this Agreement, or where any provision hereof is validly asserted as a defense, the prevailing party shall be entitled to receive and the nonprevailing party shall pay upon demand reasonable attorneys’ fees in addition to any other remedy.
The substantially prevailing party will be entitled to recover its attorneys’ fees from the substantially non-prevailing parties incurred in connection with the prevailing party’s efforts to enforce this Agreement, regardless of whether any action or proceeding is commenced.
23. Costs and Attorneys’ Fees. In the event it becomes necessary for Agent or Senior Secured Parties to commence or become a party to any proceeding or action to enforce the provisions of this Agreement, the court or body before which the same shall be tried shall award to Agent and Senior Secured Parties, if the prevailing parties thereunder, all costs and expenses thereof (solely to the extent they pertain to enforcing the provisions of this Agreement, as opposed to the Senior Debt Documents generally), including reasonable attorneys’ fees, the usual and customary and lawfully recoverable court costs, and all other expenses in connection therewith.
The Arbitrator shall award all reasonable costs and attorneys’ fees to the prevailing Party or Parties in the arbitration hearing. Such costs shall include witness fees, deposition transcript fees, travel costs, expert witness fees, photocopying charges and fees charged by the Arbitrator. In any judicial enforcement or confirmation proceeding, the prevailing Parties or members shall be entitled to recover its/their reasonable costs incurred in connection therewith.
The arbitral tribunal shall have the authority, for good cause shown, to extend any of the time periods in this arbitration provision either on its own authority or upon the request of any of the Parties. The arbitral tribunal shall be authorized in its discretion to grant pre-award and post-award interest at commercial rates. The arbitral tribunal shall have no authority to award punitive, exemplary or multiple damages or any other damages not measured by the prevailing Parties’ actual damages. The arbitral tribunal shall have the authority to order specific performance or to issue any other type of temporary or permanent injunction.
7.20 Attorney Fees. In the event of any dispute, the prevailing Parties will be entitled to recover, in addition to other remedies, their reasonable attorney fees in prosecuting or defending against any claim.
If different persons are the prevailing parties on different issues, the Litigation Expenses shall be apportioned in proportion to the value of the issues decided for and against the parties
19.13 Prevailing Parties. In the event Lessor or Lessee is required to obtain the services of an attorney to enforce the provisions of this Lease resulting in litigation, the prevailing party shall be entitled to reimbursement by the other of its reasonable attorney’s fees and costs.
A “Prevailing Party” refers to the party in a legal dispute or lawsuit that wins the case or achieves a favorable outcome, whether by court judgment, arbitration, or settlement. The prevailing party is often entitled to certain legal costs or attorney’s fees, as stipulated by the terms of a contract or by statute. The designation of a prevailing party is crucial in determining potential recoveries beyond the primary claim, emphasizing the financial risk and reward aspects of litigation.
You should use the term “Prevailing Party” in the context of contractual agreements and legal disputes where the allocation of legal fees and costs is a consideration. It is particularly relevant in:
To write a “Prevailing Party” clause in a contract, you should clearly define the rights and obligations regarding costs and attorney’s fees for the party that wins the legal dispute. A typical clause might look like this:
Prevailing Party: In the event of any legal action or proceeding arising out of this Agreement, the prevailing party shall be entitled to recover its reasonable attorney’s fees and costs incurred in connection with such action or proceeding, in addition to any other relief to which it may be entitled.
Ensure to adapt the language to fit the specific nature and requirements of the contract and jurisdiction involved.
“Prevailing Party” clauses are commonly found in various types of contracts where there is potential for disputes that might lead to litigation or arbitration. This includes:
Including such a clause can act as a deterrent against frivolous litigation and assist in ensuring fair allocation of litigation costs.
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Dive deeper into the world of clauses and learn more about these other clauses that are used in real contracts.
The Price Changes clause specifies the conditions under which the price of goods or services in a contract may be adjusted, including factors like market fluctuations, currency exchange rates, or cost of materials. It often outlines the notice requirements and processes for implementing such changes to ensure transparency and agreement between the parties involved.
A price escalation clause is a contractual provision that allows for the adjustment of the contract price in response to changes in market conditions or specific cost factors, such as inflation or increased material costs. This clause is typically implemented to ensure both parties can manage financial risks when costs fluctuate beyond their control.
A pricing grid clause outlines a structured framework for determining the cost of goods or services based on specific variables, such as volume, tiers, or market conditions. It provides clarity and flexibility in pricing by aligning costs with predefined criteria, ensuring transparency and adjustability over the contract's duration.
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