In the event of any arbitration or litigation concerning any controversy, claim, or dispute between the parties arising out of or relating to this Agreement or the breach or the interpretation hereof, the prevailing party shall be entitled to recover from the losing party reasonable expense, attorneys’ fees, and costs incurred therein or in the enforcement or collection of any judgment or award rendered therein. The “prevailing party” means the party determined by the arbitrator or court to have most nearly prevailed, even if such party did not prevail in all matters, not necessarily the one in whose favor a judgment is rendered.

Attorney’s Fees. In the event of any arbitration or litigation concerning any controversy, claim, or dispute between the parties arising out of or relating to this Agreement or the breach or the interpretation hereof,Plan, the prevailing party shall be entitled to recover from the losingnon-prevailing party reasonable expense,expenses, attorneys’ fees, and costs incurred thereinin connection therewith or in the enforcement or collection of any judgment or award rendered therein. The “prevailing party” means the party determined by the arbitratorarbitrator(s) or courtcourt, as the case may be, to have most nearly prevailed, even if such party did not prevail in all matters, not necessarily the one in whose favor a judgment is rendered.

In the event ofShould any arbitration or litigation concerning any controversy, claim, or disputecommence between the parties arising out of or relating toconcerning this Agreement or the breachrights and obligations of either party, whether it be an action for damages, equitable or the interpretation hereof,declaratory relief, the prevailing party in any arbitration or litigation shall be entitled to, as an element of its costs, in addition to recover from the losing party reasonable expense, attorneys’ fees, and costs incurred therein or in the enforcement or collection of any judgment or award rendered therein. The “prevailing party” means the party determinedother relief as may be granted by the arbitrator or court to have most nearly prevailed, even ifcourt, reasonable sums as and for attorneys’ fees, or such prevailing party did not prevailmay recover such attorneys’ fees in all matters, not necessarily the onea separate action brought for that purpose, in whose favor a judgment is rendered.accordance with applicable law.

In the event ofthat any arbitration or litigation concerning any controversy, claim, or dispute between the parties arising out ofshould result in litigation or relating to this Agreement or the breach or the interpretation hereof,arbitration, the prevailing party in such dispute shall be entitled to recover from the losingother party all reasonable expense, attorneys’ fees, costs and costs incurred therein or in the enforcement or collectionexpenses of any judgment or award rendered therein. The “prevailing party” means the party determined by the arbitrator or court to have most nearly prevailed, even if such party did not prevail in all matters, not necessarily the one in whose favor a judgment is rendered.enforcing

Attorneys’ Fees. In the event of any arbitration or litigation concerning any controversy, claim,action at law or dispute betweenin equity to enforce or interpret the terms of this Agreement, the parties arising out of or relating to this Agreement oragree that the breach orparty who is awarded the interpretation hereof,most money shall be deemed the prevailing party for all purposes and shall therefore be entitled to recover froman additional award of the losingfull amount of the attorneys’ fees and expenses paid by such prevailing party reasonable expense, attorneys’ fees,in connection with the arbitration, litigation and/or dispute without reduction or apportionment based upon the individual claims or defenses giving rise to the fees and costs incurred thereinexpenses. Nothing herein shall restrict or in the enforcementimpair an arbitrator’s or collection of any judgmenta court’s power to award fees and expenses for frivolous or award rendered therein. The “prevailing party” means the party determined by the arbitrator or court to have most nearly prevailed, even if such party did not prevail in all matters, not necessarily the one in whose favor a judgment is rendered.bad faith pleading.

In the eventany litigation, arbitration, or other proceeding by which one party either seeks to enforce its rights under this Agreement (whether in contract, tort, or both) or seeks a declaration of any arbitrationrights or litigation concerning any controversy, claim, or dispute between the parties arising out of or relating toobligations under this Agreement against the other Party or the breach or the interpretation hereof,Parties, the prevailing party shall be entitled to recover from the losing partyawarded its reasonable expense, attorneys’attorney fees, and costs incurred therein or in the enforcement or collection of any judgment or award rendered therein. The “prevailing party” means the party determined by the arbitrator or court to have most nearly prevailed, even if such party did not prevail in all matters, not necessarily the one in whose favor a judgment is rendered.and expenses incurred.

In the event that a party commences a legal proceeding (including arbitration pursuant to [Section 14.2] of any arbitration or litigation concerning any controversy, claim, or dispute betweenthis Agreement) to enforce its rights under this Agreement, the parties arising out of or relating to this Agreement or the breach or the interpretation hereof, thesubstantially prevailing party shall be entitled to recover its attorneys’ fees and costs from the losingnon-prevailing party reasonable expense, attorneys’ fees, and costsor parties, including those incurred thereinin any arbitration, bankruptcy or in the enforcement or collection of any judgment or award rendered therein. The “prevailing party” means the party determined by the arbitrator or court to have most nearly prevailed, even if such party did not prevail in all matters, not necessarily the one in whose favor a judgment is rendered.appeal procedure.

Prevailing Party. In the event of any arbitration or litigation concerning any controversy, claim, or dispute between the parties arisingarises out of or relating to this AgreementAgreement, whether in law or the breach or the interpretation hereof,equity, the prevailing partyParty shall be entitled to recover fromrecover, in addition to the losing partyrelief awarded, its reasonable expense, attorneys’attorneys' fees, paralegals' fees and costs, including, without limitation, fees and costs incurred therein or infor any appeal, efforts for the enforcement or collection of amounts owed or fees related thereto and hereto, and fees incurred in connection with any judgment or award rendered therein. The “prevailing party” means the party determined by the arbitrator or court to have most nearly prevailed, even if such party did not prevail in all matters, not necessarily the one in whose favor a judgment is rendered.fee dispute.

In the event that litigation is required to enforce any of any arbitration or litigation concerning any controversy, claim, or dispute between the parties arising out of or relating to this Agreement or the breach or the interpretation hereof,obligations hereunder, the prevailing party shall be entitled to recoverits attorney fees and costs, including pre-trial and appellate costs, from the losingnon-prevailing party reasonable expense, attorneys’ fees, and costs incurred therein(for any litigation, arbitration or in the enforcementmediation, whether a lawsuit is filed or collection of any judgment or award rendered therein. The “prevailing party” means the party determined by the arbitrator or court to have most nearly prevailed, even if such party did not prevail in all matters, not necessarily the one in whose favor a judgment is rendered.not).

In the event of any arbitrationdispute, controversy or litigation concerning any controversy, claim, or dispute between the parties arisingclaim arises out of or relating toin connection with this Agreement or the breach or the interpretation hereof,Claims released in this Agreement, the prevailing party shall be entitled to recover from the losing partyall reasonable expense, attorneys’ fees, costs, and costsexpenses at all trial and appellate levels, including attorneys’ fees, costs, and expenses incurred therein or in connection with determining the enforcement or collectionamount of any judgment oran award rendered therein. The “prevailing party” means the party determined by the arbitrator or court to have most nearly prevailed, even if such party did not prevail in all matters, not necessarily the one in whose favor a judgment is rendered.of reasonable attorneys’ fees.