Common use of Litigation Fees Clause in Contracts

Litigation Fees. Should litigation arise out of this Agreement for the performance thereof, the court shall award costs and expenses, including reasonable attorney’s fees, to the prevailing party. In awarding attorney’s fees, the court shall not be bound by any court fee schedule but shall award the full amount of costs, expenses and attorney’s fees paid and/or incurred in good faith. “Prevailing Party” shall mean the party that obtains a favorable and final judgment. Should litigation occur, venue shall be in the Superior Court of Los Angeles County. This paragraph shall not apply and litigation fees shall not be awarded based on an order or otherwise final judgment that results from the parties’ mutual settlement, arbitration, or mediation of the dispute.

Litigation Fees. Should litigation arise out of this Agreement for the performance thereof, the court shall award costs and expenses, including reasonable attorney’s fees, to the prevailing party. In awarding attorney’s fees, the court shall not be bound by any court fee schedule but shall award the full amount of costs, expenses and attorney’s fees paid and/or incurred in good faith. “Prevailing Party” shall mean the party that obtains a favorable and final judgment. Should litigation occur, venue shall be in the Superior Court of Los Angeles County. This paragraph shall not apply apply, and litigation fees shall not be awarded based on an order or otherwise final judgment that results from the parties’ mutual settlement, arbitration, or mediation of the dispute.