Attorneys’ Fees and Litigation Costs. If any legal action or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default or misrepresentation in connection with any provision of this Agreement, the successful or prevailing party shall be entitled to recover reasonable attorneys' fees and other costs incurred in that action or proceeding, in addition to any other relief to which it may be entitled.
Attorneys’ Fees and Litigation Costs. If any arbitration proceeding or other legal action is brought for the enforcement of this Agreement, the prevailing party shall be entitled to recover its reasonable attorney's fees and other costs incurred in such arbitration proceeding or other legal action, in addition to any other relief to which it is entitled.
Attorneys’ Fees and Litigation Costs. The Settlement Administrator shall distribute to Settlement Class Counsel, within 30 days after the Settlement Effective Date, the amount awarded by the Court as compensation for attorneys’ fees and costs in accordance with the Court’s Final Approval Order and Final Judgment. Defendants shall issue an appropriate IRS Form 1099 for this payment.
Attorneys’ Fees and Litigation Costs. Each party shall be solely responsible for the costs and fees of its own attorneys in connection with the negotiation of this Agreement. If any suit, legal proceeding, arbitration or other action is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party shall be entitled to recover its reasonable attorneys' fees and other costs incurred in such proceeding or action, in addition to any other relief to which it may be entitled.
Attorneys’ Fees and Litigation Costs. In any proceeding by which a Party either seeks to enforce its rights under this Agreement (whether in contract, tort, or otherwise) or seeks a declaration of any rights or obligations under this Agreement, the prevailing Party shall be awarded reasonable costs and expenses, including reasonable attorneys' fees and expert witness fees, to resolve the dispute and to enforce the final judgment.
Attorneys’ Fees and Litigation Costs. If any legal action is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party shall be entitled to recover such party's reasonable attorneys' and other costs (including all investigatory, expert and court costs) incurred in such legal action, in addition to any other relief to which such party may be entitled. Dated: March 12, 2000 /s/ Xxxx Xxxxx Xxxx Xxxxx Dated: March 12, 2000 /s/ Xxxxxxxxx Xxxxx Xxxxxxxxx Xxxxx Dated: March 12, 2000 /s/ Xxxxx Xxxxxxx Xxxxx Xxxxxxx EXHIBIT D MUTUAL GENERAL RELEASE ---------------------- This Mutual General Release ("Release") made this 12th day of March, 2000, -- is entered into by and between Xxxxxx Xxxxxxx, Xx. ("Xxxxxxx") and Xxxxx Xxxxxxx ("Xxxxxxx"). Xxxxxxx and Xxxxxxx are collectively referred to as the "Parties." The Parties enter into this Release with reference to the following facts:
A. Between approximately October 15, 1998 and March 12, 2000, Xxxxxxx was employed by Omni Nutraceuticals, Inc. (the "Company") in various capacities, most recently as the President and Chief Executive Officer;
X. Xxxxxxx and the Company, now desire to negotiate an orderly termination of Xxxxxxx'x employment with the Company and have entered into an Agreement of even date herewith (the "Termination Agreement") regarding the terms of his termination of employment; and
X. Xxxxxxx is a shareholder and a director of the Company.
Attorneys’ Fees and Litigation Costs. In any arbitration or other proceeding by which one party either seeks to enforce its rights under this MOA (whether in contract, tort, or otherwise) or seeks a declaration of any rights or obligations under this MOA, the prevailing party shall be awarded reasonable costs and expenses, including reasonable attorneys' fees and expert witness fees, to resolve the dispute and to enforce the final judgment.
Attorneys’ Fees and Litigation Costs. 15.1 Class Counsel shall apply to the Court for payment of Attorneys’ Fees and Expenses to be paid from the Settlement Fund. The amount of the Attorneys’ Fees and Expenses to be applied for by Class Counsel was negotiated independently from the other terms of the class Settlement. The Parties negotiated the Attorneys’ Fees and Expenses to be sought by Class Counsel only after reaching an agreement upon the relief provided to the Class.
15.2 SC will not take a position on Class Counsel moving the Court for an award of Attorneys’ Fees and Expenses in the Action to be paid from the Settlement Fund, but reserves the right to review and object to Class Counsel’s motion to the extent the motion requests to recover an attorneys’ fee award in excess of thirty percent (30%) of the Settlement Fund.
15.3 Class Counsel’s application for Attorneys’ Fees and Expenses shall be filed and served no later than sixty (60) days prior to the Final Approval Hearing. Class Counsel agree that the amounts of such costs and fees awarded shall compensate them for all legal work in the Action up to and including the Effective Date, including any appeal of the Judgment, as well as for all legal work and costs that may be incurred in the Action after the date of Judgment.
15.4 Neither SC nor any Releasee shall have any responsibility for any application of Attorneys’ Fees and Expenses submitted by Class Counsel. The procedure for, and the grant, denial, or disallowance by the Court of the application for Attorneys’ Fees and Expenses is to be considered by the Court separately from the Court’s consideration of the fairness, reasonableness, and adequacy of the Settlement, and any order or proceedings relating to any application for Attorneys’ Fees and Expenses, or any appeal from any order relating thereto or reversal or modification thereof, will not operate to terminate or cancel this Agreement, or affect or delay the Final Approval Order and Judgment approving the Agreement and the Settlement, except as provided for in section 13.
15.5 Within five (5) days after the Effective Date or entry of an order approving the application for attorneys’ fees (whichever is later), the Settlement Administrator shall make payment of the Attorneys’ Fees and Expenses awarded by the Court to Class Counsel from the Settlement Fund, pursuant to payment instructions in writing from Class Counsel.
15.6 In accepting this payment, the Class Representatives and Class Counsel, on behalf of themselves and all S...
Attorneys’ Fees and Litigation Costs. Class Counsel shall, in conjunction with the hearing on final approval of this Settlement Agreement, apply to the Court for an award of attorneys’ fees and costs in the amount of $1,400,000, to be paid from the Settlement Proceeds in accordance with Section II.B.4 above. Within fifteen days of the Effective Date, the Settlement Administrator shall disburse to Class Counsel the Attorneys’ Fees and Costs Award approved by the Court.
Attorneys’ Fees and Litigation Costs. 1. Defendants will not oppose a request by Class Counsel for attorney’s fees not to exceed $200,000.00 and litigation costs and expenses not to exceed $110,000.00. The allocation of fees between Class Counsel and any other attorney representing any member of the Settlement Class shall be the sole responsibility of Class Counsel. Class Counsel’s attorney’s fees and litigation costs shall be paid solely from the Maximum Gross Settlement Amount.
