Common use of Expense of Litigation Clause in Contracts

Expense of Litigation. If either Party incurs any expense, including reasonable attorneys' fees, in connection with any action or proceeding instituted by either Party by reason of any default or alleged default of the other Party hereunder or for a declaration of the rights and obligations of the Parties hereunder, the Party prevailing in such action or proceeding shall be entitled to recover its reasonable expenses from the other Party. For the purposes of determining what expenses and fees are reasonable, the court shall look to the nature of the proceeding and the issues and scope of the proceeding, and shall not be bound by any court schedule or guideline which purports to establish the amount of expenses or fees to be awarded based upon the nature of the proceeding, the size of the award or similar standards.

Expense of Litigation. If either Party incurs any expense, including reasonable attorneys' ’ fees, in connection with any action or proceeding instituted by either Party by reason of any default or alleged default of the other Party hereunder or for a declaration of the rights and obligations of the Parties hereunder, the Party prevailing in such action or proceeding shall be entitled to recover its reasonable expenses from the other Party. For the purposes of determining what expenses and fees are reasonable, the court shall look to the nature of the proceeding and the issues and scope of the proceeding, and shall not be bound by any court schedule or guideline which purports to establish the amount of expenses or fees to be awarded based upon the nature of the proceeding, the size of the award or similar standards.