Even though the limited
partnership fees clause was broad, it did not define «prevailing party» such that general principles applied.
Not exact matches
We were also able to capitalise on an advancement
clause which required the
partnership, including the other partners who were adversaries, to pay our legal
fees.
The application judge found that the two - member firm
partnership had been dissolved and declared the restrictive covenant unenforceable as a penalty, but directed a trial of an issue to determine the damages payable by the appellant as a result of a breach of the portion of the portion of the covenant he found valid and severable — the withdrawal having triggered a
clause in the agreement which called for the reduction of the withdrawing partner's capital account «by 500 % of the average
fees billed by the firm to clients who transfer to the withdrawing partner within 24... Read More
The application judge found that the two - member firm
partnership had been dissolved and declared the restrictive covenant unenforceable as a penalty, but directed a trial of an issue to determine the damages payable by the appellant as a result of a breach of the portion of the portion of the covenant he found valid and severable — the withdrawal having triggered a
clause in the agreement which called for the reduction of the withdrawing partner's capital account «by 500 % of the average
fees billed by the firm to clients who transfer to the withdrawing partner within 24 months of the withdrawal date».