Common use of Approval of Fees and Costs Clause in Contracts

Approval of Fees and Costs. Recovery of Class Counsel Fees and Plaintiffs’ Litigation Expenses and the award of the Class Representative Service Awards are not conditions to this Agreement, and are to be considered by the Court separately from the fairness, reasonableness, adequacy and good faith of the Settlement. The Parties agree that they will accept the determination of the Court with respect to the amount of Class Counsel Fees, Plaintiffs’ Litigation Expenses, Class Representative Service Awards, and Claims Administration Expenses to be awarded from the Gross Common Fund. The Parties agree, however, that in no event will a determination of the Court allow Class Counsel Fees, Plaintiffs’ Litigation Expenses, Class Representative Service Awards, and Claims Administration Expenses to be awarded from any source other than the Gross Common Fund and in no event will a determination of the Court allow Defendant to pay for any amounts that are larger than the amounts specified in this Agreement. Any order or proceeding relating to the denial or reduction of an award of Class Counsel Fees and Plaintiffs’ Litigation Expenses or Class Representative Service Awards, or any appeal from any order relating thereto or reversal or modification thereof, shall not operate to terminate or cancel this Agreement, or affect or delay the finality of the Final Judgment. To the extent the court does not approve the full amount of Class Counsel Fees, Plaintiffs’ Litigation Expenses, Claims Administration Expenses, or the Class Representative Service Awards described above, the non-approved amounts will be allocated to all Settlement Class Members proportionately to the amounts otherwise to be paid each Settlement Class Member as part of the Net Common Fund.

Approval of Fees and Costs. Recovery of Class Counsel Fees and Plaintiffs’ Litigation Expenses and the award of the Class Representative Service Awards are not conditions to this Agreement, and are to be considered by the Court court separately from the fairness, reasonableness, adequacy and good faith of the Settlement. The Parties agree that they will accept the determination of the Court with respect to the amount of Class Counsel Fees, Plaintiffs’ Litigation Expenses, Class Representative Service Awards, and Claims Administration Expenses to be awarded from the Gross Common Fund. The Parties agree, however, that in no event will a determination of the Court allow Class Counsel Fees, Plaintiffs’ Litigation Expenses, Class Representative Service Awards, and Claims Administration Expenses to be awarded from any source other than the Gross Common Fund and in no event will a determination of the Court allow Defendant to pay for any amounts that are larger than the amounts specified in this Agreement. Any order or proceeding relating to the denial or reduction of an award of Class Counsel Fees and Plaintiffs’ Litigation Expenses or Class Representative Service Awards, or any appeal from any order relating thereto or reversal or modification thereof, shall not operate to terminate or cancel this Agreement, or affect or delay the finality of the Final Judgment. To the extent the court does not approve the full amount of Class Counsel Fees, Plaintiffs’ Litigation Expenses, Claims Administration Expenses, or the Class Representative Service Awards described above, the non-approved amounts will be allocated to all Settlement Class Members proportionately to the amounts otherwise to be paid each Settlement Class Member as part of the Net Common Fund.

Approval of Fees and Costs. Recovery of Class Counsel Fees and Fees, Plaintiffs’ Litigation Expenses Expenses, and the award of the Class Representative Service Awards Enhancement Payments are not conditions to this Agreement, and are to be considered by the Court separately from the fairness, reasonableness, adequacy and good faith of the Settlement. The Parties agree that they will accept the determination of the Court with respect to the amount of Class Counsel Fees, Plaintiffs’ Litigation Expenses, Class Representative Service AwardsEnhancement Payments, and Claims Administration Expenses to be awarded from the Gross Common Global Settlement Fund. The Parties agree, however, that in no event will a determination of the Court allow Class Counsel Fees, Plaintiffs’ Litigation Expenses, Class Representative Service AwardsEnhancement Payments, and Claims Administration Expenses to be awarded from any source other than the Gross Common Fund Global Settlement and in no event will a determination of the Court allow Defendant Lyft to pay for any amounts that are larger than the amounts specified in this Agreement. Any order or proceeding relating to the denial or reduction of an award of Class Counsel Fees and Plaintiffs’ Litigation Expenses or Class Representative Service AwardsEnhancement Payments, or any appeal from any order relating thereto or reversal or modification thereof, shall not operate to terminate or cancel this Agreement, or affect or delay the finality of the Final Judgment. To the extent the court does not approve the full amount of Class Counsel Fees, Plaintiffs’ Litigation Expenses, Claims Administration Expenses, or the Class Representative Service Awards Enhancement Payments described above, the non-approved amounts will be allocated to all Settlement Class Members proportionately to the amounts otherwise to be paid each Settlement Class Member as part of the Net Common Settlement Fund.

Approval of Fees and Costs. Recovery of Class Counsel Fees and Fees, Plaintiffs’ Litigation Expenses Expenses, and the award of the Class Representative Service Incentive Awards are not conditions to this Agreement, and are to be considered by the Court separately from the fairness, reasonableness, adequacy and good faith of the Settlement. The Parties agree that they will accept the determination of the Court with respect to the amount of Class Counsel Fees, Plaintiffs’ Litigation Expenses, Class Representative Service Incentive Awards, and Claims Administration Expenses to be awarded from the Gross Common Fund. The Parties agree, however, that in no event will a determination of the Court allow Class Counsel Fees, Plaintiffs’ Litigation Expenses, Class Representative Service Incentive Awards, and Claims Administration Expenses to be awarded from any source other than the Gross Common Fund and in no event will a determination of the Court allow Defendant to pay for any amounts that are larger than the amounts specified in this Agreement. Any order or proceeding relating to the denial or reduction of an award of Class Counsel Fees and Fees, Plaintiffs’ Litigation Expenses or Class Representative Service Expenses, and Incentive Awards, or any appeal from any order relating thereto or reversal or modification thereof, shall not operate to terminate or cancel this Agreement, or affect or delay the finality of the Final Judgment. To the extent the court Court does not approve the full amount of Class Counsel Fees, Plaintiffs’ Litigation Expenses, Incentive Awards, or Claims Administration Expenses, or the Class Representative Service Awards described above, the non-approved amounts will be allocated to all Settlement Class Members proportionately to the amounts otherwise to be paid each Settlement Class Member as part of the Net Common Fund.