Common use of ATTORNEYS’ FEES, COSTS, AND EXPENSES, AND SERVICE AWARDS Clause in Contracts

ATTORNEYS’ FEES, COSTS, AND EXPENSES, AND SERVICE AWARDS. 6.1. Class Counsel may apply to the Court for an award of reasonable attorneys’ fees and expenses, inclusive of costs, up to, but not to exceed, the total combined sum of $2,000,000 (Two Million Dollars). FCA US will not oppose Class Counsel’s petition for Attorneys’ Fees and Expenses up to and not exceeding this amount, and Class Counsel will not accept any amount for attorneys’ fees and expenses in excess of the above amount. Each party will have the right of appeal to the extent the amount awarded is inconsistent with this Agreement. 6.2. Attorneys’ Fees, Costs, and Expenses shall be in addition to the benefits provided directly to the Settlement Class (and shall be in addition to the Service Awards) and shall not reduce or otherwise have any effect on the benefits made available to the Settlement Class. 6.3. Upon finalization of this Settlement Agreement, FCA US will not oppose Plaintiffs’ request that FCA US separately pay Service Awards of $3,000 (Three Thousand Dollars) to each of the Class Representatives through Co-Lead Class Counsel. 6.4. FCA US shall pay Class Counsel the Service Awards and any Attorneys’ Fees, Costs, and Expenses awarded by the Court within 30 days following the later of: (i) the Effective Date or (ii) the first date after the Court enters an order awarding Attorneys’ Fees, Costs, and Expenses and Service Awards, and all appellate rights with respect to said order have expired or been exhausted in such a manner as to affirm the order. Within 3 days following (i) the Effective Date or (ii) the first date after the Court enters an order awarding Attorneys’ Xxxx, Costs, and Expenses and Service Awards, and all appellate rights with respect to said order have expired or been exhausted in such a manner as to affirm the order, Class Counsel shall provide FCA US a W- 9 and instructions for receipt of the Court awarded Attorneys’ Fees, Costs, and Expenses, and Service Awards.

Appears in 1 contract

Samples: Settlement Agreement

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ATTORNEYS’ FEES, COSTS, AND EXPENSES, AND SERVICE AWARDS. 6.110.1. Class Counsel may apply file a Fee Application seeking an award of attorneys’ fees of no more than $715,000.00 and reimbursement of reasonable expenses incurred in connection with the Action of no more than $20,000.00, and requesting payment of Service Awards to each Plaintiff of no more than $3,500.00 each, all of which shall, if approved by the Court Court, be paid by TransPerfect wholly separate and apart from and without any affect upon or reduction of the Settlement Consideration. Neither Class Counsel’s application for, nor any individual’s entitlement to, a Service Award shall be conditioned in any way upon such individual’s support for this Agreement. 10.2. TransPerfect will not oppose any motion by Class Counsel for an award of reasonable attorneys’ fees and expensesof up to $715,000.00, inclusive of costs, up to, but plus actual out-of-pocket costs not to exceedexceed $20,000.00, and Service Awards of up to $3,500.00 per Plaintiff. TransPerfect agrees that it has no right to appeal the total combined sum amount of any award of attorneys’ fees, costs or Service Awards so long as the amounts awarded do not exceed $2,000,000 (Two Million Dollars). FCA US will not oppose 715,000.00 in attorneys’ fees, Class Counsel’s petition for Attorneys’ Fees and Expenses up actual out-of-pocket costs not to and not exceeding this amountexceed $20,000.00, and an aggregate of $17,500 in Service Awards. TransPerfect reserves the right to object to a fee request that exceeds the terms outlined in this paragraph. 10.3. Class Counsel will not accept any amount for attorneys’ fees and expenses in excess of must file the above amount. Each party will have the right of appeal Fee Application, if at all, at least fourteen (14) days prior to the extent the amount awarded is inconsistent with this AgreementObjection Deadline. 6.210.4. Attorneys’ FeesWithin ten (10) business days after the Effective Date, Costs, TransPerfect shall pay or cause to be paid to Class Counsel the Fee and Expenses shall be in addition to the benefits provided directly to the Settlement Class (Expense Award and shall be in addition to the Service Awards) , if any are approved by the Court, if TransPerfect receives written wire instructions and shall not reduce or otherwise have any effect on the benefits made available to the Settlement Class. 6.3. Upon finalization of this Settlement Agreement, FCA US will not oppose Plaintiffs’ request that FCA US separately pay Service Awards of $3,000 (Three Thousand Dollars) to each of the Class Representatives through Co-Lead Class Counsel. 6.4. FCA US shall pay IRS Form W-9s from Class Counsel and each Plaintiff at least thirty (30) days before the Service Awards and any Attorneys’ Fees, Costs, and Expenses awarded by the Court within 30 days following the later of: (i) the Effective Date or (ii) the first date after the Court enters an order awarding Attorneys’ Fees, Costs, and Expenses and Service Awards, and all appellate rights with respect to said order have expired or been exhausted in such a manner as to affirm the order. Within 3 days following (i) the Effective Date or (ii) the first date after the Court enters an order awarding Attorneys’ Xxxx, Costs, and Expenses and Service Awards, and all appellate rights with respect to said order have expired or been exhausted in such a manner as to affirm the order, Class Counsel shall provide FCA US a W- 9 and instructions for receipt of the Court awarded Attorneys’ Fees, Costs, and Expenses, and Service Awardspayment deadline.

Appears in 1 contract

Samples: Settlement Agreement

ATTORNEYS’ FEES, COSTS, AND EXPENSES, AND SERVICE AWARDS. 6.1. 14.1 Class Counsel may apply to the Court for an award of reasonable attorneys’ Counsel’s attorneys’ fees were negotiated separate and expenses, inclusive of costs, up to, but not to exceed, the total combined sum of $2,000,000 (Two Million Dollars). FCA US will not oppose apart from Plaintiffs and Settlement Class Counsel’s petition for Attorneys’ Fees Members’ BIPA claims and Expenses up to and not exceeding this amount, and Class Counsel will not accept any amount for attorneys’ fees and expenses in excess only after all substantive terms of the above amount. Each party will have the right of appeal to the extent the amount awarded is inconsistent with this Agreement. 6.2. Attorneys’ Fees, Costs, benefits and Expenses shall be in addition to the benefits provided directly relief to the Settlement Class were negotiated. 14.2 At least ten (10) days prior to the Final Approval Hearing, Class Counsel will file, and Defendant will not oppose, a Fee Petition that seeks a Fee Award not to exceed $2,500,000.00, as payment for attorneys’ fees, as well as reimbursement of out-of-pocket costs in the amount of $50,000. 14.3 Payment of the Fee Award shall be in addition to the Service Awards) and shall not reduce or otherwise have any effect on the benefits made available to from the Settlement ClassFund and, should the Court award less than the amount sought by Class Counsel, the difference in the amount sought and the amount ultimately awarded pursuant to this Section shall remain in the Settlement Fund and be distributed to Settlement Class Members as part of their Approved Claims. 6.3. Upon finalization 14.4 Notwithstanding any contrary provision of this Settlement Agreement, FCA US the Court’s consideration of the Fee Award is to be conducted separately from the Court’s consideration of the fairness, reasonableness, and adequacy of the Settlement Agreement, and any award made by the Court with respect to Class Counsel’s attorneys’ fees or expenses, or any proceedings incident thereto, including any appeal thereof, shall not operate to terminate or cancel this Settlement Agreement or be deemed material thereto. If the Fee Award is lowered or the Settlement is disapproved by a final non-appealable order any funds paid to Plaintiffs’ counsel for attorneys’ fees and expenses will be refunded to the Escrow Account, plus accrued interest at the same rate as earned by the Escrow Account. The Settlement is not conditioned upon any Fee Award to Class Counsel, and any objection to or appeal from such a Fee Award will not affect the finality of the Settlement or the judgment of dismissal. 14.5 Prior to or at the same time as Plaintiffs seek final approval of the Settlement Agreement, Class Counsel shall move the Court for Service Awards for the Class Representatives in an amount not to exceed $2,000.00 (Two Thousand Dollars) each, and Defendant agrees that it will not oppose Plaintiffs’ request that FCA US separately pay such a request. The Service Awards of $3,000 (Three Thousand Dollars) to each shall be paid solely from the Settlement Fund by the Settlement Administrator. 14.6 Class Counsel shall provide the Settlement Administrator with its completed W-9 form before the payment of the Fee Award is due. Within seven (7) days of the Final Approval Order, the Settlement Administrator shall pay to Class Representatives through Co-Lead Counsel from the Settlement Fund the amount awarded by the Court in the Fee Award. The Fee Award shall be paid solely from the Settlement Fund via electronic wire transfer to an account designated by Class Counsel. 6.4. FCA US shall pay Class Counsel the 14.7 In no event will Defendant’s liability for attorneys’ fees, expenses, and costs, Administration Expenses, and/or Service Awards and exceed their funding obligations set out in this Settlement Agreement. Defendant shall have no financial responsibility for this Settlement Agreement outside of the Settlement Fund. Defendant shall have no further obligation for attorneys’ fees or expenses to any Attorneys’ Feescounsel representing or working on behalf of either one or more individual Settlement Class Members or the Settlement Class. Defendant will have no responsibility, Costsobligation, and Expenses awarded by or liability for allocation of the Court within 30 days following Fee Award, Settlement Administrative Expenses, the later of: (i) the Effective Date or (ii) the first date after the Court enters an order awarding Attorneys’ Fees, Costs, and Expenses and Service Awards, and all appellate rights with respect to said order have expired or been exhausted in such a manner as to affirm the order. Within 3 days following (i) the Effective Date or (ii) the first date after the Court enters an order awarding Attorneys’ Xxxxany other costs, Costsfees, and Expenses and Service Awardsand/or expenses among Class Counsel, and all appellate rights with respect to said order have expired or been exhausted in such a manner as to affirm the orderPlaintiffs, and/or Settlement Class Counsel shall provide FCA US a W- 9 and instructions Members except for receipt payment of the Court awarded Attorneys’ Fees, Costs, and Expenses, and Service AwardsSettlement Fund.

Appears in 1 contract

Samples: Class Action Settlement Agreement

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ATTORNEYS’ FEES, COSTS, AND EXPENSES, AND SERVICE AWARDS. 6.1. 14.1 Class Counsel may apply to the Court for an award of reasonable Counsel’s attorneys’ fees were negotiated separate and expensesapart from Plaintiffs and Settlement Class Members’ BIPA claims and only after all substantive terms of the benefits and relief to the Settlement Class were negotiated. 14.2 At least ten (10) days prior to the Final Approval Hearing, inclusive of costsClass Counsel will file, up toand Defendant will not oppose, but a Fee Petition that seeks a Fee Award not to exceedexceed 35% of the Settlement Fund, or $12,250,000.00, as payment for attorneys’ fees, as well as reimbursement of out-of-pocket costs in the amount of $73,723.09. 14.3 Payment of the Fee Award shall be made from the Settlement Fund and should the Court award less than the amount sought by Class Counsel, the total combined sum difference in the amount sought and the amount ultimately awarded pursuant to this Section shall remain in the Settlement Fund and be distributed to Settlement Class Members as part of $2,000,000 (Two Million Dollars). FCA US will not oppose their Approved Claims. 14.4 Notwithstanding any contrary provision of this Settlement Agreement, the Court’s consideration of the Fee Award is to be conducted separately from the Court’s consideration of the fairness, reasonableness, and adequacy of the Settlement Agreement, and any award made by the Court with respect to Class Counsel’s petition for AttorneysattorneysFees and Expenses up fees or expenses, or any proceedings incident thereto, including any appeal thereof, shall not operate to and not exceeding terminate or cancel this amount, and Class Counsel will not accept Settlement Agreement or be deemed material thereto. If the Fee Award is lowered or the Settlement is disapproved by a final non-appealable order any amount funds paid to Plaintiffs’ counsel for attorneys’ fees and expenses in excess will be refunded to the Escrow Account, plus accrued interest at the same rate as earned by the Escrow Account. The Settlement is not conditioned upon any Fee Award to Plaintiffs’ counsel, and any objection to or appeal from such a Fee Award will not affect the finality of the above amountSettlement or the judgment of dismissal. 14.5 Prior to or at the same time as Plaintiffs seeks final approval of the Settlement Agreement, Class Counsel shall move the Court for Service Awards for the Class Representatives in an amount not to exceed $2,000.00 (Two Thousand Dollars) each, and Defendant agrees that it will not oppose such a request. Each party will have The Service Awards shall be paid solely from the right Settlement Fund by the Settlement Administrator. 14.6 Class Counsel shall provide the Settlement Administrator with its completed W-9 form before the payment of appeal the Fee Award is due. Within seven (7) days of the Effective Date, the Settlement Administrator shall pay to Class Counsel from the extent Settlement Fund the amount awarded is inconsistent with this Agreement. 6.2by the Court in the Fee Award. Attorneys’ Fees, Costs, and Expenses The Fee Award shall be in addition to the benefits provided directly to paid solely from the Settlement Class (and shall be in addition Fund via electronic wire transfer to the Service Awards) and shall not reduce or otherwise have any effect on the benefits made available to the Settlement Class. 6.3. Upon finalization of this Settlement Agreement, FCA US will not oppose Plaintiffs’ request that FCA US separately pay Service Awards of $3,000 (Three Thousand Dollars) to each of the Class Representatives through Co-Lead an account designated by Class Counsel. 6.4. FCA US shall pay Class Counsel the 14.7 In no event will Defendant’s liability for attorneys’ fees, expenses, and costs, Administration Expenses, and/or Service Awards and exceed their funding obligations set out in this Settlement Agreement. Defendant shall have no financial responsibility for this Settlement Agreement outside of the Settlement Fund. Defendant shall have no further obligation for attorneys’ fees or expenses to any Attorneys’ Feescounsel representing or working on behalf of either one or more individual Settlement Class Members or the Settlement Class. Defendant will have no responsibility, Costsobligation, and Expenses awarded by or liability for allocation of the Court within 30 days following Fee Award, Settlement Administrative Expenses, the later of: (i) the Effective Date or (ii) the first date after the Court enters an order awarding Attorneys’ Fees, Costs, and Expenses and Service Awards, and all appellate rights with respect to said order have expired or been exhausted in such a manner as to affirm the order. Within 3 days following (i) the Effective Date or (ii) the first date after the Court enters an order awarding Attorneys’ Xxxxany other costs, Costsfees, and Expenses and Service Awardsand/or expenses among Class Counsel, and all appellate rights with respect to said order have expired or been exhausted in such a manner as to affirm the orderPlaintiffs, and/or Settlement Class Counsel shall provide FCA US a W- 9 and instructions Members except for receipt payment of the Court awarded Attorneys’ Fees, Costs, and Expenses, and Service AwardsSettlement Fund.

Appears in 1 contract

Samples: Class Action Settlement Agreement

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