Attorney fees
if a suit, action, arbitration or other proceeding of any nature whatsover (including any proceeding under the US Bankruptcy Code) is instituted in connection with any controversy, interpratation or enforcement of any rights under this agreement, the party substantially prevailing will be entitled to recover its attorney, paralegal, accountant andexpert fees, and all other reasonably necessary fees, costs, and expenses actually incurred in connection with that proceeding as determined by the court, arbitrator or arbitration panel at trial or in any appeal or other post-judgment proceeding in addition to all other amounts provided by law. The court, arbitrator, or arbitration panel hearing the matter will determine which Party is substantially prevailing taking into account the number and importance of all claims and defenses, the outcomes of those claims and any offers of settlement made by the Parties