Guam § 3502 - Court Costs and Counsel Fees.

§ 3502. Court Costs and Counsel Fees.

(a) The court in an appraisal proceeding commenced under § 3501

shall determine all costs of the proceeding, including the reasonable

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compensation and expenses of appraisers appointed by the court. The Court

shall assess the costs against the corporation, except that the Court may

assess costs against all or some of the dissenters, in amounts the Court finds

equitable, to the extent the Court finds the dissenters acted arbitrarily,

vexatiously, or in bad faith in demanding payment under § 3409 of this

Chapter.

(b) The Court may also assess the fees and expenses of counsel and

experts for the respective parties, in amounts the Court finds equitable:

(1) Against the corporation and in favor of any or all dissenters if

the Court finds the corporation did not substantially comply with the

requirements of § 3401 through § 3409 of this Chapter; and

(2) Against either the corporation or a dissenter in favor of any

other party, if the Court finds that the party against whom the fees and

expenses are assessed acted arbitrarily, vexatiously, or in bad faith

with respect to the rights provided by this Chapter.

(c) If the Court finds that the services of counsel for any dissenter were

of substantial benefit to other dissenters similarly situated, and that the fees

for those services should not be assessed against the corporation, the Court

may award to said counsel reasonable fees to be paid out of the amount

awarded the dissenters who were benefited.

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