Common use of Allocation of Fees and Expenses Clause in Contracts

Allocation of Fees and Expenses. Each Party shall pay its own and its Affiliates’ fees and expenses incurred with respect to such Arbitration; provided, however, that the Non-Prevailing Party in such arbitration will also pay the fees and expenses of the Arbitrator. A Party is the “Prevailing Party” if the Arbitrator’s determination of the items in dispute is closer to such Party’s determination of such items than it is to the other Party’s determination of such items (in each case in the aggregate and as submitted to the Arbitrator). A Party is the “Non-Prevailing Party” if the other Party is the Prevailing Party.