Pursuant to Arizona statute and case law the court will evaluate attorneys’ fees under the following factors:
1. Merits of the claim or defense presented by the unsuccessful party;
2. Whether the litigation could have been avoided or settled and whether the successful parties’ efforts were completely superfluous in achieving the results;
3. Whether assessing fees against the unsuccessful party would cause an extreme hardship;
4. Whether the successful party prevailed on all the requested relief;
5. Whether the case involved novel legal questions; and
6. Whether the award would discourage other parties with tenable claims or defensives from litigating or defending legitimate contract issues for fear of incurring liability for substantial attorneys’ fees.