Attorneys’ Fees, Expenses and Costs. If litigation or other court action or similar adjudicatory proceeding is undertaken by Licensee or Licensor to enforce its rights under this Agreement, all fees, costs, and expenses, including, without limitation, reasonable attorneys’ fees and court costs, of the prevailing Party in such action, suit, or proceeding shall be reimbursed or paid by the Party against whose interest the judgment or decision is rendered. The provisions of this Article shall survive the termination of this Agreement.
Attorneys’ Fees, Expenses and Costs. In addition to all other amounts payable hereunder by Dealer, Dealer agrees to reimburse AFC on demand for any and all attorneys' (including paralegals' and similar persons') fees (not less than 15% of the outstanding Obligations where not prohibited by law), accountants' fees, appraisers' fees, and all expenses and costs incurred in collecting or enforcing payment of the Obligations hereunder or in curing any default, including without limitation those fees and costs incurred (a) with or without suit; (b) in any appeal; (c) in any bankruptcy, insolvency or receivership proceeding; and (d) in any post-judgment collection proceedings, plus interest at the rate provided herein.
Attorneys’ Fees, Expenses and Costs. A. As part of the Motion for Preliminary Approval of this Agreement, Signatory Plaintiffs will move the Court to preliminarily approve a cap on Track B Fees of 8% of a Track B Claimant’s Final Award and a cap on Track A Individual Counsel Fees of 2% of a Track A Claimant’s Final Award. As part of the Motion for Final Approval of this Agreement, Signatory Plaintiffs will move the Court to finally approve a cap on Track B Fees of 8% of a Track B Claimant’s Final Award and a cap on Track A Individual Counsel Fees of 2% of a Track A Claimant’s Final Award.
Attorneys’ Fees, Expenses and Costs. 1. At least seven (7) days in advance of the Fairness Hearing, Class Counsel shall petition the AJ for an award of attorneys’ fees of Four Million and Nine Hundred Fifty Thousand Dollars ($4,950,000), expenses and costs that shall compensate Class Counsel for the attorneys’ fees, expenses, and litigation costs incurred at any time in connection with the Action. Should the AJ award a lesser amount of fees, expenses, or costs, the difference between this amount and the amount awarded for fees, expenses, and costs will be added to the portion of the Settlement Fund allocable to Class Members.
Attorneys’ Fees, Expenses and Costs. A. Except as provided in Section VII.C, the payment made by DTA pursuant to Section VII.A. of the DTA Settlement Agreement shall constitute the full compromise and settlement of all claims for attorneys’ fees and litigation expenses and costs related to this Action: (i) that Plaintiffs have, as of the Execution Date of this Agreement against MassHealth and EOHHS; and (ii) that Plaintiffs might have made against MassHealth and EOHHS for activities occurring after the Execution Date of this Agreement, including without limitation for activities to obtain the [Proposed] Order of Final Judgment (Exhibit E), or to monitor the implementation of, and MassHealth’s and EOHHS’s compliance with, this Agreement. This Agreement is not an admission or evidence that any Defendant is liable to Plaintiffs for the payment of attorneys’ fees and litigation expenses or costs in, or related to, this Action, but rather represents only the compromise and settlement of a disputed claim.
Attorneys’ Fees, Expenses and Costs. 1. Class Counsel and Class Representatives shall request attorneys’ fees and costs, including Class Counsel’s Fees, and incentive awards, to be paid from the Common Fund. Monsanto will not contest a request for Class Counsel’s Fees that does not exceed 25% of the full amount available to the class. Monsanto will not oppose reasonable incentive payments of $2,500 for each of the Class Representatives.
Attorneys’ Fees, Expenses and Costs. 2 (a) Class Counsel intend to seek, solely from the Settlement Fund, a Fee and Expense 3 Award. Class Counsel shall not seek payment of attorneys’ fees in an amount to exceed one-
Attorneys’ Fees, Expenses and Costs. 5.1 Class Counsel shall apply to the Court for attorneys' fees and documented and reasonable expenses and costs. Class Counsel's application for fees, expenses, and costs shall be filed no later than thirty-five (35) days prior to the Opt-Out Deadline. Any Fee Award approved by the Court shall be paid solely out of the Settlement Sum and shall not increase Defendant's total financial liability with respect to this Agreement or Settlement.
Attorneys’ Fees, Expenses and Costs. Incurred after December 7, 2009. Plaintiffs may submit a motion for Class Counsel’s attorneys’ fees, expenses, and costs incurred after December 7, 2009, up to $10,000,000.00. Such motion shall be based solely on attorney hours and actual billing rates and actual expenses and costs incurred, and may not be justified by any other means (such as a percentage of the class recovery). Such motion shall be resolved in such manner as directed by the Court. Concurrently with any motion for post Agreement attorneys’ fees, expenses, and costs, Plaintiffs shall file statements regarding Class Counsel’s billing rates, as well as complete and contemporaneous daily time, expense, and cost records supporting this motion.
Attorneys’ Fees, Expenses and Costs. (a) Plaintiffs’ Counsel intend to seek, solely from the Settlement Fund, attorneys’ fees of up to one third of the total Settlement Fund (including any interest accrued thereon), the reimbursement of reasonable costs and expenses incurred in the prosecution of the Actions, and service awards to the named Plaintiffs (“Fee and Expense Award”). Plaintiffs’ Counsel shall file a motion for approval of the Fee and Expense Award (“Motion for Fee and Expense Award”) after the Court has granted preliminary approval to the Settlement but sufficiently before the deadline set for filing of objections, and Defendants agree to take no position with respect to the Motion for Fee and Expense Award, or on any other application by Plaintiffs’ Counsel for fees and/or expenses as may be necessary to effectuate this Settlement Agreement. Defendants also agree not to oppose any request by Plaintiffs’ Counsel that the Court order that any Fee and Expense Award be disbursed only to the Court appointed Co-Lead Counsel for the Class for allocation among the various counsel to the Class that have participated in this litigation. Plaintiffs’ Counsel shall be reimbursed and paid solely out of the Settlement Fund for all such fees and expenses. In no event shall any Fee and Expense Award be paid before the Effective Date.
