A. The court in an appraisal proceeding commenced under § 10-2225 shall determine all costs of the proceeding, including the reasonable compensation
and expenses of appraisers appointed by the court, and shall assess the costs against
the professional corporation unless the court assesses costs against the disqualified
shareholder, in an amount the court finds equitable, if the court finds the shareholder
acted arbitrarily, vexatiously or not in good faith in refusing to accept the corporation's
B. The court may also assess the fees and expenses of counsel and experts for the disqualified
shareholder against the corporation and in favor of the shareholder if the court finds
that the fair value of the disqualified shareholder's shares substantially exceeded
the amount offered by the corporation or that the corporation did not make an offer.
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