Common use of Cost of Litigation Clause in Contracts

Cost of Litigation. Should any party hereto institute any action or proceeding at law or in equity to enforce any provision of this Agreement, including an action for declaratory relief, or for damages by reason of an alleged breach of any provision of this Agreement, or otherwise in connection with this Agreement, or any provision hereof, the Court shall apportion the costs and fees thereof (including all attorneys' fees between the parties based on its determination of the merits of their respective positions in the proceeding prevailing party shall be entitled to recover from the losing party or parties reasonable attorneys' fees and costs for services rendered to the prevailing party in such action or proceeding.