Common use of Costs and Fees of Arbitration Clause in Contracts

Costs and Fees of Arbitration. Executive shall pay the initial arbitration filing (not to exceed $200), and the Company shall pay the remaining costs and expenses of such arbitration (unless Executive requests that each party pay one-half of the costs and expenses of such arbitration or unless otherwise required by law). Unless otherwise required by law or pursuant to an award by the arbitrator, the Company and Executive shall each pay separately its counsel fees and expenses. Notwithstanding the foregoing, the arbitrator may, but need not, award the prevailing party in any dispute its or his legal fees and expenses; provided, however, that if Executive prevails with respect to a dispute that arises after the occurrence of a Change of Control, then the Company shall pay all of his fees and expenses (including reasonable attorneys’ fees) which Executive incurred with respect to the dispute.