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26.Attorneys’ Fees
In the event of litigation relating to the subject matter of these Terms, the prevailing party shall be entitled to receive from the other party its reasonable attorneys’ fees and costs. The prevailing party shall be determined based upon an assessment of which party’s arguments or positions could fairly be said to have prevailed over the other party’s arguments or positions on major disputed issues. Such assessment should include evaluation of the following: the amount of the net recovery; the primary issues disputed by the parties; whether the amount of the award comprises a significant percentage of the amount sought by the claimant; and the most recent settlement positions of the parties.
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