Attorneys’ Fees and Costs Amounts. Plaintiffs’ Counsel shall make an application to the Court for an award of attorneys’ fees of up to one-third of the Gross Fund, e.g., Two Million Dollars and Zero Cents ($2,000,000.00). In addition, Plaintiffs’ Counsel shall seek reimbursement of their reasonable costs and expenses from the Gross Fund. Equitable will not oppose Plaintiffs’ Counsel’s attorneys’ fees, costs, and expenses requests provided they are consistent with the terms of this Agreement. The Settlement is not conditioned upon the Court’s approval of Plaintiffs’ Counsel’s petition for fees, expenses, and costs. Payment of such attorneys’ fees, expenses, and costs to Plaintiffs’ Counsel shall be made in accordance with this Agreement and shall constitute full satisfaction of any and all obligations by Equitable to pay any person, attorney or law firm for attorneys’ fees, expenses or costs incurred on behalf of the Named Plaintiff and/or Qualified Claimants. The Settlement Administrator shall report the payment of these fees, expenses and costs to Plaintiffs’ Counsel on a Form 1099. The Settling Parties expressly agree that the Court’s approval or denial of any request for attorneys’ fees, expenses, and costs is not a material condition to this Agreement, and is to be considered by the Court separately from the fairness, reasonableness, adequacy, and good faith of the Settlement. Any order or proceeding relating to the application by Plaintiffs’ Counsel for an award for fees, expenses, and costs shall not operate to terminate or cancel this Agreement.
Attorneys’ Fees and Costs Amounts. Counsel for the Named Plaintiff shall make an application to the Arbitrator for an award of Attorneys’ Fees and Costs in the amount of $4,056,322.60 (four million fifty-six thousand three hundred and twenty- two dollars and sixty cents). BWW will not join in nor will it oppose Counsel for the Named Plaintiff’s request for fees and costs. Payment of such approved Attorneys’ Fees, and Costs to Counsel for the Named Plaintiff shall be made within fourteen (14) days after the conclusion of the notice period, assuming BWW does not exercise its right to void this Agreement. The Settlement Claims Administrator shall report the payment of these fees, expenses and costs to Counsel for the Named Plaintiff on an IRS Form 1099. Within ten (10) business days of the Settlement Claims Administrator’s receipt of the wire transfer from BWW to the QSF, in accordance with paragraph III(C), supra, the Settlement Claims Administrator shall pay to Counsel for the Named Plaintiff by wire transfer the amount of Attorneys’ Fees and Costs as indicated herein.
Attorneys’ Fees and Costs Amounts. Plaintiffs’ Counsel shall make an application to the Court for an award of attorneys’ fees of up to one-third of the Gross Fund, i.e., four-million-three-hundred-sixty-six-thousand-six-hundred-sixty-six dollars and sixty-seven cents ($4,366,666.67), plus actual costs and expenses as supported by declarations from Plaintiffs’ Counsel. Vail will not oppose Plaintiffs’ Counsel’s attorneys’ fees, costs, and expenses requests provided they are consistent with the terms of this Agreement. The Settling Parties expressly agree, however, that the Court’s denial or reduction of any requested award of attorneys’ fees or costs shall not be grounds to terminate or cancel this Agreement. Any reduction of fees, costs, or expenses shall revert to the Net Fund for payment to Class Members. Payment of any approved amount of attorneys’ fees, expenses, or costs to Plaintiffs’ Counsel shall constitute full satisfaction of any and all obligations by Vail to pay any person, attorney or law firm for attorneys’ fees, expenses or costs incurred on behalf of Plaintiffs and
