Common use of Payment of Costs Clause in Contracts

Payment of Costs. DoveBid on the one hand, and Shareholders, on ---------------- the other hand, will bear the expense of deposits and advances required by the arbitrator(s) in equal proportions, but either party may advance such amounts, subject to recovery as an addition or offset to any award. The arbitrator(s) shall determine the party who is the Prevailing Party and the party who is the Non-Prevailing Party. The Non-Prevailing Party shall pay all reasonable costs, fees and expenses related to the arbitration, including reasonable fees and expenses of attorneys, accountants and other professionals incurred by the prevailing party, the fees of each arbitrator and the administrative fee of the arbitration proceedings. If such an award would result in manifest injustice, however, the arbitrator(s) may apportion such costs, fees and expenses between the parties in such a manner as the arbitrator(s) deems just and equitable.

Payment of Costs. DoveBid on the one hand, and ShareholdersShareholder, on ---------------- the other hand, will bear the expense of deposits and advances required by the arbitrator(s) arbitrators in equal proportions, but either party may advance such amounts, subject to recovery as an addition or offset to any award. The arbitrator(s) arbitrators shall determine the party who is the Prevailing Party and the party who is the Non-Prevailing Party. The Non-Prevailing Party shall pay all reasonable costs, fees and expenses related to the arbitration, including reasonable fees and expenses of attorneys, accountants and other professionals incurred by the prevailing party, the fees of each arbitrator and the administrative fee of the arbitration proceedings. If such an award would result in manifest injustice, however, the arbitrator(s) arbitrators may apportion such costs, fees and expenses between the parties in such a manner as the arbitrator(s) arbitrators deems just and equitable.

Payment of Costs. DoveBid Sub, on the one hand, and ShareholdersTrustee and Principals ---------------- (through Xxxxx), on ---------------- the other hand, will bear the expense of deposits and advances required by the arbitrator(s) in equal proportions, but either party may advance such amounts, subject to recovery as an addition or offset to any award. The arbitrator(s) shall determine the party who is the Prevailing Party and the party who is the Non-Prevailing Party. The Non-Prevailing Party shall pay all reasonable costs, fees and expenses related to the arbitration, including reasonable fees and expenses of attorneys, accountants and other professionals incurred by the prevailing party, the fees of each arbitrator and the administrative fee of the arbitration proceedings. If such an award would result in manifest injustice, however, the arbitrator(s) may apportion such costs, fees and expenses between the parties in such a manner as the arbitrator(s) deems just and equitable.

Payment of Costs. The DoveBid Companies on the one hand, and ---------------- the Shareholders, on ---------------- the other hand, will bear the expense of deposits and advances required by the arbitrator(s) arbitrator in equal proportions, but either party may advance such amounts, subject to recovery as an addition or offset to any award. The arbitrator(s) arbitrator shall determine the party who is the Prevailing Party and the party who is the Non-Prevailing Party. The Non-Prevailing Party shall pay all reasonable costs, fees and expenses related to the arbitration, including reasonable fees and expenses of attorneys, accountants and other professionals incurred by the prevailing party, the fees of each arbitrator and the administrative fee of the arbitration proceedings. If such an award would result in manifest injustice, however, the arbitrator(s) arbitrator may apportion such costs, fees and expenses between the parties in such a manner as the arbitrator(s) arbitrator deems just and equitable.

Payment of Costs. DoveBid on the one hand, and Shareholdersthe ---------------- Shareholders (through the Representative), on ---------------- the other hand, will bear the expense of deposits and advances required by the arbitrator(s) arbitrator in equal proportions, but either party may advance such amounts, subject to recovery as an addition or offset to any award. The arbitrator(s) arbitrator shall determine the party who is the Prevailing Party and the party who is the Non-Prevailing Party. The Non-Non- Prevailing Party shall pay all reasonable costs, fees and expenses related to the arbitration, including reasonable fees and expenses of attorneys, accountants and other professionals incurred by the prevailing party, the fees of each arbitrator and the administrative fee of the arbitration proceedings. If such an award would result in manifest injustice, however, the arbitrator(s) arbitrator may apportion such costs, fees and expenses between the parties in such a manner as the arbitrator(s) arbitrator deems just and equitable.

Payment of Costs. DoveBid on the one hand, and Shareholdersthe Principal ---------------- Shareholders (through the Representatives), on ---------------- the other hand, will bear the expense of deposits and advances required by the arbitrator(s) arbitrator in equal proportions, but either party may advance such amounts, subject to recovery as an addition or offset to any award. The arbitrator(s) arbitrator shall determine the party who is the Prevailing Party and the party who is the Non-Prevailing Party. The Non-Prevailing Party shall pay all reasonable costs, fees and expenses related to the arbitration, including reasonable fees and expenses of attorneys, accountants and other professionals incurred by the prevailing party, the fees of each arbitrator and the administrative fee of the arbitration proceedings. If such an award would result in manifest injustice, however, the arbitrator(s) arbitrator may apportion such costs, fees and expenses between the parties in such a manner as the arbitrator(s) arbitrator deems just and equitable.

Payment of Costs. DoveBid on the one hand, and Shareholdersthe Members (through the Representative), on ---------------- the other hand, will bear the expense of deposits and advances required by the arbitrator(s) arbitrator in equal proportions, but either party may advance such amounts, subject to recovery as an addition or offset to any award. The arbitrator(s) arbitrator shall determine the party who is the Prevailing Party and the party who is the Non-Prevailing Party. The Non-Non- Prevailing Party shall pay all reasonable costs, fees and expenses related to the arbitration, including reasonable fees and expenses of attorneys, accountants and other professionals incurred by the prevailing party, the fees of each arbitrator and the administrative fee of the arbitration proceedings. If such an award would result in manifest injustice, however, the arbitrator(s) arbitrator may apportion such costs, fees and expenses between the parties in such a manner as the arbitrator(s) arbitrator deems just and equitable.

Payment of Costs. DoveBid on the one hand, and the ---------------- Shareholders, on ---------------- the other hand, will bear the expense of deposits and advances required by the arbitrator(s) arbitrator in equal proportions, but either party may advance such amounts, subject to recovery as an addition or offset to any award. The arbitrator(s) arbitrator shall determine the party who is the Prevailing Party prevailing party and the party who is the Nonnon-Prevailing Partyprevailing party. The Nonnon-Prevailing Party prevailing party shall pay all reasonable costs, fees and expenses related to the arbitration, including reasonable fees and expenses of attorneys, accountants and other professionals incurred by the prevailing party, the fees of each arbitrator and the administrative fee of the arbitration proceedings. If such an award would result in manifest injustice, however, the arbitrator(s) arbitrator may apportion such costs, fees and expenses between the parties in such a manner as the arbitrator(s) arbitrator deems just and equitable.

Payment of Costs. DoveBid DoveBid, on the one hand, and Shareholdersthe Shareholders ---------------- (through the Representative), on ---------------- the other hand, will bear the expense of deposits and advances required by the arbitrator(s) in equal proportions, but either party may advance such amounts, subject to recovery as an addition or offset to any award. The arbitrator(s) shall determine the party who is the Prevailing Party and the party who is the Non-Prevailing Party. The Non-Non- Prevailing Party shall pay all reasonable costs, fees and expenses related to the arbitration, including reasonable fees and expenses of attorneys, accountants and other professionals incurred by the prevailing party, the fees of each arbitrator and the administrative fee of the arbitration proceedings. If such an award would result in manifest injustice, however, the arbitrator(s) may apportion such costs, fees and expenses between the parties in such a manner as the arbitrator(s) deems just and equitable.

Payment of Costs. DoveBid on The Indemnifying Party and the one hand, and Shareholders, on ---------------- the other hand, Indemnified Party will bear the expense of deposits and advances required by the arbitrator(s) arbitrator in equal proportions, but either party may advance such amounts, subject to recovery as an addition or offset to any award. The arbitrator(s) shall arbitrator will determine in the Final Award the party who is the Prevailing Party prevailing party and the party who is not the prevailing party (the “Non-Prevailing Party”). The Non-Prevailing Party shall will pay all reasonable costs, fees and expenses related to the arbitration, including including, without limitation, reasonable fees and expenses of attorneys, accountants and other professionals incurred by the prevailing party, the fees of each the arbitrator and the administrative fee of the arbitration proceedings. If such an award would result in manifest injustice, however, the arbitrator(s) arbitrator may apportion such costs, fees and expenses between the parties in such a manner as the arbitrator(s) arbitrator deems just and equitable.

Payment of Costs. DoveBid Parent on the one hand, and or the Company Shareholders, on ---------------- the other hand, will bear the expense of deposits and advances required by the arbitrator(s) arbitrator prior to the resolution of a matter in equal proportions, but either party may advance such amounts, subject to recovery as an addition or offset to any award. The arbitrator(s) arbitrator shall determine the party who is the Prevailing Party and the party who is the Non-Prevailing Party. The Non-Prevailing Party shall pay all reasonable costs, fees and expenses related to the arbitration, including reasonable fees and expenses of attorneys, accountants and other professionals incurred by the prevailing party, the fees of each arbitrator and the administrative fee of the arbitration proceedings. If such an award would result in manifest injustice, however, the arbitrator(s) arbitrator may apportion such costs, fees and expenses between the parties in such a manner as the arbitrator(s) arbitrator deems just and equitable.

Payment of Costs. DoveBid on the one hand, and Shareholdersthe OWP ---------------- Shareholders (through the Representative), on ---------------- the other hand, will bear the expense of deposits and advances required by the arbitrator(s) arbitrator in equal proportions, but either party may advance such amounts, subject to recovery as an addition or offset to any award. The arbitrator(s) arbitrator shall determine the party who is the Prevailing Party and the party who is the Non-Prevailing Party. The Non-Non- Prevailing Party shall pay all reasonable costs, fees and expenses related to the arbitration, including reasonable fees and expenses of attorneys, accountants and other professionals incurred by the prevailing party, the fees of each arbitrator and the administrative fee of the arbitration proceedings. If such an award would result in manifest injustice, however, the arbitrator(s) arbitrator may apportion such costs, fees and expenses between the parties in such a manner as the arbitrator(s) arbitrator deems just and equitable.

Payment of Costs. DoveBid Keynote on the one hand, and ShareholdersDigital ---------------- Content Members (through the Representative), on ---------------- the other hand, will bear the expense of deposits and advances required by the arbitrator(s) arbitrator in equal proportions, but either party may advance such amounts, subject to recovery as an addition or offset to any award. The arbitrator(s) arbitrator shall determine the party who is the Prevailing Party and the party who is the Non-Prevailing Party. The Non-Non- Prevailing Party shall pay all reasonable costs, fees and expenses related to the arbitration, including reasonable fees and expenses of attorneys, accountants and other professionals incurred by the prevailing party, the fees of each arbitrator and the administrative fee of the arbitration proceedings. If such an award would result in manifest injustice, however, the arbitrator(s) arbitrator may apportion such costs, fees and expenses between the parties in such a manner as the arbitrator(s) arbitrator deems just and equitable.

Payment of Costs. DoveBid Keynote on the one hand, and the Shareholders’ Representative, on ---------------- the other hand, will bear the expense of deposits and advances required by the arbitrator(s) arbitrator in equal proportions, but either party may advance such amounts, subject to recovery as an addition or offset to any award. The arbitrator(s) arbitrator shall determine the party who is the Prevailing Party prevailing party and the party who is the Nonnon-Prevailing Partyprevailing party. The Nonnon-Prevailing Party prevailing party shall pay all reasonable costs, fees and expenses related to the arbitration, including reasonable fees and expenses of attorneys, accountants and other professionals incurred by the prevailing party, the fees of each arbitrator and the administrative fee of the arbitration proceedings. If such an award would result in manifest injustice, as determined by the arbitrator, however, the arbitrator(s) arbitrator may apportion such costs, fees and expenses between the parties in such a manner as the arbitrator(s) arbitrator deems just and equitable.

Payment of Costs. DoveBid Parent, on the one hand, and ShareholdersCompany ---------------- Shareholders (through the Representative), on ---------------- the other hand, will bear the expense of deposits and advances required by the arbitrator(s) arbitrator in equal proportions, but either party may advance such amounts, subject to recovery as an addition or offset to any award. The arbitrator(s) arbitrator shall determine the party who is the Prevailing Party prevailing party and the party who is the Nonnon-Prevailing Partyprevailing party. The Non-Prevailing Party non- prevailing party shall pay all reasonable costs, fees and expenses related to the arbitration, including reasonable fees and expenses of attorneys, accountants and other professionals incurred by the prevailing party, the fees of each arbitrator and the administrative fee of the arbitration proceedings. If such an award would result in manifest injustice, however, the arbitrator(s) may apportion such costs, fees and expenses between the parties in such a manner as the arbitrator(s) deems just and equitable.

Payment of Costs. DoveBid Parent on the one hand, and Shareholders---------------- the Company Members (through the Representative), on ---------------- the other hand, will bear the expense of deposits and advances required by the arbitrator(s) arbitrator in equal proportions, but either party may advance such amounts, subject to recovery as an addition or offset to any award. The arbitrator(s) arbitrator shall determine the party who is the Prevailing Party and the party who is the Non-Prevailing Party. The Non-Non- Prevailing Party shall pay all reasonable costs, fees and expenses related to the arbitration, including reasonable fees and expenses of attorneys, accountants and other professionals incurred by the prevailing partyPrevailing Party, the fees of each arbitrator and the administrative fee of the arbitration proceedings. If such an award would result in manifest injustice, however, the arbitrator(s) may apportion such costs, fees and expenses between the parties in such a manner as the arbitrator(s) deems just and equitable.

Payment of Costs. DoveBid Keynote on the one hand, and ShareholdersVelogic ---------------- Shareholders (through the Representatives), on ---------------- the other hand, will bear the expense of deposits and advances required by the arbitrator(s) arbitrator in equal proportions, but either party may advance such amounts, subject to recovery as an addition or offset to any award. The arbitrator(s) arbitrator shall determine the party who is the Prevailing Party and the party who is the Non-Prevailing Party. The Non-Non- Prevailing Party shall pay all reasonable costs, fees and expenses related to the arbitration, including reasonable fees and expenses of attorneys, accountants and other professionals incurred by the prevailing party, the fees of each arbitrator and the administrative fee of the arbitration proceedings. If such an award would result in manifest injustice, however, the arbitrator(s) may apportion such costs, fees and expenses between the parties in such a manner as the arbitrator(s) deems just and equitable.arbitration

Payment of Costs. DoveBid Acquirer, on the one hand, and Shareholdersthe Company Holders, on ---------------- the other hand, will bear the expense of deposits and advances required by the arbitrator(s) arbitrator in equal proportions, but either party may advance such amounts, subject to recovery as an addition or offset to any award. The arbitrator(s) shall arbitrator will determine in the Final Award the party who is the Prevailing Party prevailing party and the party who is not the prevailing party (the “Non-Prevailing Party”). The Non-Prevailing Party shall will pay all reasonable costs, fees and expenses related to the arbitration, including reasonable fees and expenses of attorneys, accountants and other professionals incurred by the prevailing party, the fees of each arbitrator and the administrative fee of the arbitration proceedings. If such an award would result in manifest injustice, however, the arbitrator(s) arbitrator may apportion such costs, fees and expenses between the parties in such a manner as the arbitrator(s) arbitrator deems just and equitable.

Payment of Costs. DoveBid Acquirer, on the one hand, and Shareholdersthe Company Stockholders (through the Representative), on ---------------- the other hand, will shall bear the expense of deposits and advances required by the arbitrator(s) arbitrator in equal proportions, but either party may advance such amounts, subject to recovery as an addition or offset to any award. The arbitrator(s) arbitrator shall determine the party who is the Prevailing Party prevailing party and the party who is the Nonnon-Prevailing Partyprevailing party. The Nonnon-Prevailing Party prevailing party shall pay all reasonable costs, fees and expenses related to the arbitration, including reasonable fees and expenses of attorneys, accountants and other professionals incurred by the prevailing party, the fees of each arbitrator and the administrative fee of the arbitration proceedings. If such an award would result in manifest injustice, however, the arbitrator(s) may apportion such costs, fees and expenses between the parties in such a manner as the arbitrator(s) deems just and equitable.