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• 9 tenor to the stricken provision as is legally possible. 23. ATTORNEYS' FEES. If either party to this Agreement shall bring any action, suit, counterclaim, appeal, arbitration, or mediation for any relief against the other, declaratory or otherwise, to enforce the terms and conditions hereof or to declare rights hereunder (collectively an "Action"), the losing party shall pay to the prevailing party a reasonable sum for attorneys' fees and costs (at the prevailing parry's attorneys' then prevailing rates as increased from time to time by the giving of advance written notice by such counsel to such parry) incurred in bringing and prosecuting such Action and/or enforcing any judgment, order, ruling, or award (collectively a "Decision") granted therein, all of which shall be deemed to have accrued on the commencement of such Action and shall be paid whether or not such Action is prosecuted to a Decision. Any Decision entered in such Action shall contain a specific provision providing for the recovery of attorneys' fees and costs incurred in enforcing such Decision. The court or arbitrator may fix the amount of reasonable attorneys' fees and costs on the request of either parry. For the purposes of this section, attorneys' fees shall include, without limitation, fees incurred in the following: (i) post judgment motions and collection actions; (ii) contempt proceedings; (iii) garnishment, levy, and debtor and third parry examinations; (iv) discovery; and (v) bankruptcy litigation. "Prevailing party" within the meaning of this section includes, without limitation, a party who agrees to dismiss an Action on the other party's payment of the sums allegedly due or performance of the covenants allegedly breached, or who obtains substantially the relief sought by it. 24. GENERAL INTERPRETATION. The terms of this Agreement have been negotiated by the parties hereto and the language used in this Agreement shall be deemed to be the language chosen by the parties hereto to express their mutual intent. This Agreement shall be construed without regard to any presumption or rule requiring construction against the parry causing such instrument or any portion thereof to be drafted, or in favor of the party receiving a particular benefit under the agreement. No rule of strict construction will be applied against any person. 25. HEADINGS AND LABELS. Section titles and captions contained in this Agreement are inserted as a matter of convenience and for reference and in no way define, limit, extend, or describe the scope of this Agreement or the intent of any of its provisions. 26. CUMULATION OF REMEDIES. No remedy or election hereunder shall be deemed exclusive but shall, wherever possible, be cumulative with all other remedies at law or in equity. 27. SIGNATURES• COUNTERPARTS. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. This Agreement shall not be effective until the execution and delivery between each of the parties of at least one set of counterparts. The parties authorize each other to detach and combine original signature pages and consolidate them into single identical original. Any one of such completely executed counterparts shall be sufficient proof of this Agreement. "S" SERIES SHARPSMART COLLECTION AND DISPOSAL SERVICE AGREEMENT 4837-1/Sutter Tracy Community Hospital 0