Each party hereto agrees that in the event that any dispute, claim, proceeding or action arises out of or in connection with this Agreement, the DOT, the BOCO Notes, or the Loan Documents or the terms of any of them, the prevailing party to any such dispute, claim, proceeding or action shall be awarded reasonable attorney fees and all costs incurred in connection therewith from the non-prevailing party.  For the purposes of this Section 17, the term “ prevailing party ” shall include a party which receives substantially the same relief sought whether by judgment, summary judgment, dismissal, settlement or otherwise.