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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Business Law
Satisfied Customers: 1611
Experience:  Run my own successful business/contract law practice.
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In my master services agreement, a potential client wants to

Customer Question

In my master services agreement, a potential client wants to change the following line.
FROM:
13. Default and Remedies. In the event of a default by either Party under any of the terms of this Agreement, the non-defaulting Party shall be entitled to recover all costs, including reasonable attorneys’ fees, incurred in enforcing its rights under this Agreement.
TO:
13. Default and Remedies. In the event of a default by either Party under any of the terms of this Agreement, the prevailing Party shall be entitled to recover all costs, including reasonable attorneys’ fees, incurred in enforcing its rights under this Agreement.
I simply don’t understand the difference between non-defaulting and prevailing. Can someone help clarify this?
Thanks!
Submitted: 8 months ago.
Category: Business Law
Expert:  Loren replied 8 months ago.

Good evening. I am Loren, a licensed attorney, and I look forward to assisting you.

Expert:  Loren replied 8 months ago.

In the proposed amendment the party must actually be successful or receive a judgment in their favor to be able to recover attorney fees. In other words, if a party sues for default and is not successful, the party being sued could recover attorney fees if the plaintiff does not win the case.

Expert:  Loren replied 8 months ago.

Are you online with me?