Common use of Claims by Customer Clause in Contracts

Claims by Customer. In addition to Seller’s right to attorney fees and costs under paragraph 1D above, if (i) Customer asserts any claim against Seller in connection with this Agreement or otherwise relating to the sale or purchase of Goods, and (ii) Seller succeeds in denying substantially all or Customer’s claim, Seller shall be entitled to recover from Customer the attorney fees and costs incurred by Seller in defending against such claim regardless of whether litigation is instituted or prosecuted to Judgment.

Claims by Customer. In addition to Seller’s 's right to attorney attorneys' fees and costs under paragraph 1D 10 above, if (i1) Customer asserts any claim against Seller in connection with this Agreement or otherwise relating to the sale or purchase of Goods, and (ii2) Seller succeeds in denying substantially all or of Customer’s 's claim, Seller shall be entitled to recover from Customer the attorney fees and costs incurred by Seller in defending against such claim regardless of whether litigation is instituted or prosecuted to Judgmentjudgment.