Common use of Attorneys’ Fees/Costs and Class Representative Enhancement Clause in Contracts

Attorneys’ Fees/Costs and Class Representative Enhancement. 1. Class Counsel may move the Court for an award of attorneys’ fees of no more than 25% of the Settlement Fund, totaling Seven Hundred Twenty Five Thousand Dollars ($725,000 USD), to be paid to Class Counsel from the Settlement Fund to the extent approved by the Court. Class Counsel may also move the Court for an award of reasonable costs and expenses incurred in prosecuting the Action up to One Hundred Fifty Thousand Dollars ($150,000 USD), to be paid to Class Counsel from the Settlement Fund to the extent approved by the Court. Any such motion shall be noticed for the same date as the Fairness Hearing and filed at least sixty days 2. Class Counsel further agrees that it will apply to the Court for an incentive award to named Plaintiff Xxxx Xxxxxxxxx in an amount not to exceed $2,500 USD, for his participation as a Class Representative, for taking on the risks of litigation, and for Settlement of his individual claims as a Settlement Class Member in this Action, to be paid by Defendant separate from the Settlement Fund. Court approval of the incentive awards, or their amount, will not be a condition of the Settlement. Class Counsel and TCL further agree to discuss in good faith settling the individual claims of Xxxx Xxxxxx and Xxxxx Xxxxxx for no more than $2,500 USD each in exchange for a release of the Discharged Parties (defined herein). Unless otherwise agreed in writing, settlement of Xx. Xxxxxx’x and Xxxxxx’x individual claims shall not be a condition of the Settlement, and is not a part of this Agreement. Xx. Xxxxxx and Xx. Xxxxxx are New Jersey consumers and do not seek to represent the Settlement Class consisting of California consumers. 3. Any Court approved attorneys’ fees shall be paid within twenty-one (21) business days of the Effective Date. The Settlement Administrator shall deliver to Class Counsel a check payable to “Xxxxxxx Xxxxxxxxx LLC Client Trust Account” in the total amount actually awarded by the Court as attorneys’ fees, expenses, costs, and incentive awards. Plaintiffs and Class Counsel agree to provide Defendant all identification information necessary to effectuate the payment of the fees and costs including, but not limited to, Taxpayer Identification Number(s), and completed Internal Revenue Service Form(s) W-9. 4. Except for the fees and costs to be paid to Class Counsel and Plaintiffs as specifically provided in this subsection F and elsewhere in this Agreement, Defendant does not agree to pay and shall not be responsible or liable for the payment of any attorneys’ fees and expenses of Class Counsel, Plaintiffs, the Settlement Class, and Settlement Class Members, any person or entity that may object to the Agreement, or any attorney who may represent any person or entity that may object to the Agreement, in connection with the Action or in connection with any claim that was or could have been alleged in the Action.

Attorneys’ Fees/Costs and Class Representative Enhancement. 1. Class Counsel may Plaintiffs shall move the Court for an award of attorneys’ fees of no more than 25% of the Settlement Fundfees, totaling Seven Hundred Twenty Five Thousand Dollars ($725,000 USD)plus costs, to be paid to Class Counsel from the Settlement Fund to the extent approved by the Court. Class Counsel may also move the Court for an award of reasonable costs and expenses incurred in prosecuting the Action up to One Hundred Fifty Thousand Dollars ($150,000 USD)Fund, to be paid to Class Counsel from the Settlement Fund to the extent approved by the Court. Any such motion which shall be noticed for the same date as the Fairness Hearing and filed at least sixty daysthirty-five (35) days before the Objection/Exclusion Deadline. Defendant shall not object to such a motion so long as the amount requested for attorneys’ fees is less than or equal to One Million Nine Hundred Fifty Thousand Dollars ($1,950,000.00 USD), which is 30% of the value of the Settlement Fund, plus costs. Court approval of attorneys’ fees and costs, or their amount, will not be a condition of the Settlement. In addition, Class Counsel shall not be entitled to interest on such amount at any time. 2. Class Counsel further agrees that it will apply to the Court for an incentive award to named Plaintiff Xxxx Xxxxxxxxx each Class Representative in an amount not to exceed Five Thousand Dollars ($2,500 5,000.00 USD) each, for his their participation as a Class RepresentativeRepresentatives, for taking on the risks of litigation, and for Settlement of his their individual claims as a Settlement Class Member Members in this Action, to be paid by Defendant separate from the Settlement Fund. Court approval of the incentive awards, or their amount, will not be a condition of the Settlement. Class Counsel and TCL further agree to discuss in good faith settling the individual claims of Xxxx Xxxxxx and Xxxxx Xxxxxx for no more than $2,500 USD each in exchange for a release of the Discharged Parties (defined herein). Unless otherwise agreed in writing, settlement of Xx. Xxxxxx’x and Xxxxxx’x individual claims shall not be a condition of the Settlement, and is not a part of this Agreement. Xx. Xxxxxx and Xx. Xxxxxx are New Jersey consumers and do not seek to represent the Settlement Class consisting of California consumers. 3. Any The Court approved attorneys’ fees shall be paid within twentyforty-one five (2145) business calendar days of the Effective Date. The Class Action Settlement Administrator shall deliver to Class Counsel Xxxxxx Xxx & Kilsheimer LLP, at the address set forth below, a check payable to “Xxxxxxx Xxxxxxxxx LLC Xxxxxx Xxx & Xxxxxxxxxx LLP Client Trust Account” in the total amount actually awarded by the Court as attorneys’ fees, expenses, costs, and incentive awards. Plaintiffs and Class Counsel agree to provide Defendant all identification information necessary to effectuate the payment of the fees and costs including, but not limited to, Taxpayer Identification Number(s), and completed Internal Revenue Service Form(s) W-9Form W-9(s). 4. Except for the fees and costs to be paid to Class Counsel and Plaintiffs as specifically provided in this subsection F G and elsewhere in this Agreement, Defendant does not agree to pay and shall not be responsible or liable for the payment of any attorneys’ fees and expenses of Class Counsel, Plaintiffs, the Settlement Class, and Settlement Class Members, any person or entity that may object to the Agreement, or any attorney who may represent any person or entity that may object to the Agreement, in connection with the Action or in connection with any claim that was or could have been alleged in the Action.

Attorneys’ Fees/Costs and Class Representative Enhancement. 1. Class Counsel may Plaintiffs shall move the Court for an award of attorneys’ fees of no more than 25% of the Settlement Fundfees, totaling Seven Hundred Twenty Five Thousand Dollars ($725,000 USD)plus costs, to be paid to Class Counsel from the Settlement Fund to the extent approved by the Court. Class Counsel may also move the Court for an award of reasonable costs and expenses incurred in prosecuting the Action up to One Hundred Fifty Thousand Dollars ($150,000 USD)Counsel, to be paid to Class Counsel from the Settlement Fund to the extent approved by the Court. Any such motion which shall be noticed for the same date as the Fairness Hearing and filed at least sixty daysthirty-five (35) days before the Objection/Exclusion Deadline. Defendant shall not object to such a motion so long as the total amount requested for attorneys’ fees is less than or equal to Six Hundred and Fifty Thousand Dollars ($650,000 US). If approved by the Court, Three Hundred and Thirty-Three Thousand Dollars ($333,000 USD), which is 33.3% of the Non- Rewards Member Settlement Fund, plus any costs and fees requested by Class Counsel and approved by the Court, will be paid out of the Non-Rewards Member Settlement Fund, and Defendant will pay the additional Three Hundred Twelve Thousand Dollars ($312,000 USD) separately. Court approval of attorneys’ fees and costs, or their amount, will not be a condition of the Settlement. If the Court reduces the attorneys’ fee by any amount, the attorneys’ fee amount paid from the Non-Rewards Member Settlement Fund and the attorneys’ fee amount separately paid by Defendant shall each be reduced in proportion to the reduction in the total attorneys’ fee request. In addition, Class Counsel shall not be entitled to interest on such amount at any time. 2. Class Counsel further agrees that it will apply to the Court for an incentive award to named Plaintiff Xxxx Xxxxxxxxx each Class Representative in an amount not to exceed Five Thousand Dollars ($2,500 5000 USD) each, for his their participation as a Class RepresentativeRepresentatives, for taking on the risks of litigation, and for Settlement of his their individual claims as a Settlement Class Member Members in this Action, to be paid by Defendant separate from the Settlement Fund. Court approval of the incentive awards, or their amount, will not be a condition of the Settlement. Class Counsel and TCL further agree to discuss in good faith settling If approved by the individual claims of Xxxx Xxxxxx and Xxxxx Xxxxxx Court, the incentive award for no more than $2,500 USD each in exchange for a release Xx. Xxxxxxxx will be paid out of the Discharged Parties (defined herein). Unless otherwise agreed in writing, settlement of Xx. Xxxxxx’x Non-Rewards Subclass Settlement and Xxxxxx’x individual claims shall not be a condition of the Settlement, and is not a part of this Agreement. incentive award for Xx. Xxxxxx will be paid separately by Defendant. For the avoidance of doubt, Defendant will not be liable for any costs, fees, incentive awards, or any other fees, expenses, or payments beyond the Non-Rewards Member Settlement Fund, the Three Hundred Twelve Thousand Dollars ($312,000 USD) for attorneys’ fees, and Xx. Xxxxxx are New Jersey consumers and do not seek to represent the Settlement Class consisting of California consumersincentive award for Plaintiff Xxxxxx. 3. Any The Court approved attorneys’ fees shall be paid within twentyforty-one five (2145) business calendar days of the Effective Date. The Class Action Settlement Administrator shall deliver to Class Counsel KalielGold LLP, at the address set forth below, a check payable to “Xxxxxxx Xxxxxxxxx LLC KalielGold LLP Client Trust Account” in the total amount actually awarded by the Court as attorneys’ fees, expenses, costs, and incentive awardsawards for the fees attributed to the Non-Rewards Member Settlement. Chipotle shall deliver to KalielGold LLP, at the address set forth below, a check payable to “KalielGold LLP Client Trust Account” in the total amount actually awarded by the Court as attorneys’ fees, expenses, costs, and incentive awards for the fees attributed to the Rewards Member Settlement. Plaintiffs and Class Counsel agree to provide Defendant all identification information necessary to effectuate the payment of the fees and costs including, but not limited to, Taxpayer Identification Number(s), and completed Internal Revenue Service Form(s) W-9Form W-9(s). 4. Except for the fees and costs to be paid to Class Counsel and Plaintiffs as specifically provided in this subsection F H and elsewhere in this Agreement, Defendant does not agree to pay and shall not be responsible or liable for the payment of any attorneys’ fees and expenses of Class Counsel, Plaintiffs, the Settlement Class, and Settlement Class Members, any person or entity that may object to the Agreement, or any attorney who may represent any person or entity that may object to the Agreement, in connection with the Action or in connection with any claim that was or could have been alleged in the Action.