COST OF DISPUTE. RESOLUTION The cost of any mediation proceeding shall be shared equally by the parties participating. The prevailing party in any dispute arising out of or relating to this Agreement or its breach that is resolved by arbitration designated in the Subcontract Documents shall be entitled to recover from the other party reasonable attorneys' fees, costs and expenses incurred by the prevailing party in connection with such dispute resolution process. The prevailing party shall be entitled to all (not a pro-rata share based on percentage of the amount recovery as compared to amount of claim) of its attorneys’ fees and costs associated with arbitrating the matter.
Appears in 2 contracts
Sources: Master Subcontract Agreement, Master Subcontract Agreement
COST OF DISPUTE. RESOLUTION The cost of any mediation proceeding shall be shared equally by the parties participating. The prevailing party in any dispute arising out of or relating to this Agreement or its breach that is resolved by arbitration a dispute resolution procedure designated in the Subcontract Contract Documents shall be entitled to recover from the other party those reasonable attorneys' ’ fees, costs and expenses incurred by the prevailing party in connection with such dispute resolution process. The prevailing party shall be entitled to all (not a pro-rata share based on percentage of the amount recovery as compared to amount of claim) of its attorneys’ fees process after direct discussions and costs associated with arbitrating the mattermediation.
Appears in 2 contracts
Sources: Subcontract Agreement, Services Subcontract Agreement
COST OF DISPUTE. RESOLUTION The cost of any mediation proceeding shall be shared equally by the parties participating. The prevailing party in any dispute that goes beyond mediation arising out of or relating to this Agreement or its breach that is resolved by arbitration designated in the Subcontract Documents shall be entitled to recover from the other party reasonable attorneys' fees, costs and expenses incurred by the prevailing party in connection with such dispute resolution process. The prevailing party shall be entitled to all (not a pro-rata share based on percentage of the amount recovery as compared to amount of claim) of its attorneys’ fees and costs associated with arbitrating the matterdispute.
Appears in 2 contracts
Sources: Subcontract Agreement, Subcontract Agreement
COST OF DISPUTE. RESOLUTION The cost of any mediation proceeding shall be shared equally by the parties participating. The prevailing party in any dispute arising out of or relating to this Agreement or its breach that is resolved by arbitration designated the dispute resolution process set forth in the Subcontract Documents Paragraph 14.3, shall be entitled to recover from the other party those reasonable attorneys' ’ fees, costs and expenses incurred by the the prevailing party in connection with such dispute resolution process. The prevailing party shall be entitled to all (not a pro-rata share based on percentage of the amount recovery as compared to amount of claim) of its attorneys’ fees and costs associated with arbitrating the matter.
Appears in 1 contract
Sources: Design Build Agreement (Midland Co)