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. 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.
B. The compromise and settlement of Plaintiffs’ claim for attorneys’ fees and litigation expenses and costs against any Defendant shall not establish, or be evidence of: (1) a “reasonable” hourly rate for Plaintiffs’ counsel or any other counsel; (2) the “reasonableness” of any legal services or activities performed by Plaintiffs’ counsel in this or any other action; or (3) the “reasonableness” of any item of litigation expenses or costs in this or any other action.
C. If Plaintiffs file a noncompliance motion following the dispute resolution procedures set forth in Section VII and prevail, Plaintiffs shall be entitled to request attorneys’ fees and litigation expenses and costs related to litigating the claim of noncompliance. Plaintiffs shall only be considered to have prevailed for purposes of this subsection if the Court makes a finding of substantial noncompliance under Section VII.B above. If Plaintiffs seek attorneys’ fees and litigation expenses and costs under this Section VIII.C., they shall first submit their request to MassHealth or EOHHS. If MassHealth or EOHHS and Plaintiffs cannot agree on the amount to be paid within thirty (30) calendar days following the submission of the request, the dispute shall be submitted to the Court for formal resolution.
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.
5.2 In the event the Court approves the Settlement, but declines to award a Fee Award in the amount requested by Class Counsel, the Settlement will nevertheless be binding on the Parties and the Class Members.
5.3 Defendant shall have no liability to Class Counsel or any other Person arising from any claim regarding the division of the Fee Award between and among Class Counsel or any other counsel who may claim entitlement to any portion of the Fee Award.
5.4 The Fee Award, if approved by the Court, shall be paid by wire transfer from Defendant with fifteen (15) business days following the Effective Date, provided that the law firm or attorney being paid has executed and provided to Defendant a Form W-9.
5.5 The Court shall retain jurisdiction of any dispute regarding the Fee Award and any repayment of any amount of the Fee Award.
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.
B. As part of the Motion for Preliminary Approval, Signatory Plaintiffs will move the court to preliminarily approve the range of the Fee Award, for purposes of notice to the Class, between 4.1% and 7.4% of the Fee Base. No later than sixty (60) days after the Claim Deadline, Class Counsel will move the Court to set the amount of the Fee Award, except that the amount of the Fee Award shall be at least 4.1% and not more than 7.4% of the Fee Base. Lead Class Counsel shall have sole responsibility to prepare and file a petition with the Court seeking approval of, and setting the amount for, the Fee Award prior to receiving any fees under this Agreement.
C. The Secretary reserves the right to respond to the fee petition in full and reserves the right to argue that the Fee Award should be limited to 4.1% of the Fee Base.
D. The Court’s determination of the Fee Award, the cap on Track A Individual Counsel Fees, and the cap on Track B Fees shall be conclusive, and neither the Class, nor Class Counsel, nor the Secretary shall appeal the decision.
E. Class Counsel shall be paid Common Benefit Fees for their reasonable and compensable work on behalf of the Class. The total amount of Common Benefit Fees shall equal the Fee Award minus the sum of Track B Fees the Claims Administrator caused to be paid. Class Counsel may accept interim payments of Common Benefit Fees, costs, and expenses from funds designated in Section IV.F. Certain Signatory Plaintiffs’ Counsel have entered into a Counsel Participation Agreement which reflects their agreement regarding allocation of work and distribution of fees. This Counsel Participation Agreement will be submitted to the Court with Class Counsel’s fee petition.
F. Except for the payments to the Designated Account required under Section IV, the Secretary shall not be liable to pay Class Counsel, Signatory Plaintiffs’ Counsel, or Individual Counsel any attorneys’ fees, expenses, or co...
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. 9.15
ATTORNEYS’ FEES, EXPENSES, AND COSTS a) Settlement Class Counsel shall file any motion for a Fee and Expense Award in accordance with the Court’s preliminary approval or final approval order. Settlement Class Counsel shall receive any Fee and Expense Award relating to this Settlement solely from the Emory Settlement Fund. Other than as provided in Paragraph 7(e) and approved by the Court, no portion of any Fee and Expense Award shall be released from the Emory Settlement Fund prior to the Effective Date. Emory is not obligated to take, does not take, and, unless requested to do so by the Court, will not take any position with respect to the application by Settlement Class Counsel for reimbursement of attorneys’ fees, expenses, and costs.
b) The procedures for and the allowance or disallowance by the Court of Settlement Class Counsel’s application for a Fee and Expense Award to be paid from the Emory Settlement Fund are not part of this Agreement, and are to be considered by the Court separately from consideration of the fairness, reasonableness, and adequacy of the Settlement. Any order or proceeding relating to the Fee and Expense Award, or any appeal from any such order, shall not operate to modify or cancel this Settlement Agreement, or affect or delay the finality of the judgment approving the Settlement. A modification or reversal on appeal of any amount of the Fees and Expense Award shall not be deemed a modification of the terms of this Settlement Agreement or final approval order, and shall not give rise to any right of termination.
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.
2. The Agency agrees that Class Agents are entitled to an award of reasonable attorneys’ fees, expenses, and costs in the Action, and that Class Counsel is entitled to Attorneys’ fees equal to 33% of the Settlement Fund. The Parties agree that the full amount of the attorneys’ fees, expenses, and costs awarded in this action will be paid from the Settlement Fund.
3. Any proceedings or XX’s decisions related to Class Counsel’s application for attorneys’ fees, costs and expenses, shall not terminate or cancel this Agreement, affect the finality of the AJ’s Approval Order, affect the release of claims by Class Members, or otherwise affect the settlement or dismissal of the Litigation. The Parties acknowledge that the Settlement Fund is capped at $15 million.
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.
2. The Parties recognize that Class Counsel’s Fees reflect the novel and complex nature of this matter, as well as the risk assumed by Class Counsel in investing months of labor into gaining relief for the Class without guarantee of return. The Parties recognize also that litigation pursued in the Blitz Action contributed significantly to bringing about the mediation in this matter and this Agreement and is appropriately considered by the Court in assessing the reasonableness of Class Counsel’s Fees.
3. The Claims Administrator shall pay to Class Counsel from the Common Fund the amount of Class Counsel’s Fees and costs awarded by the Court within seven (7) calendar days after the Effective Date.
4. Costs for settlement, notice, claims administration, incentive awards, and any other fees, including attorneys’ fees, will be paid from the Common Fund.
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 a) Settlement Class Counsel shall file any motion for a Fee and Expense Award in accordance with the Court’s preliminary approval or final approval order. Settlement Class Counsel shall receive any Fee and Expense Award relating to this Settlement solely from the Brown University Settlement Fund. Other than as provided in Paragraph 7(e) and approved by the Court, no portion of any Fee and Expense Award shall be released from the Brown University Settlement Fund prior to the Effective Date. Brown University is not obligated to take, does not take, and, unless requested to do so by the Court, will not take any position with respect to the application by Settlement Class Counsel for reimbursement of attorneys’ fees, expenses, and costs.
b) The procedures for and the allowance or disallowance by the Court of Settlement Class Counsel’s application for a Fee and Expense Award to be paid from the Brown University Settlement Fund are not part of this Agreement, and are to be considered by the Court separately from consideration of the fairness, reasonableness, and adequacy of the Settlement. Any order or proceeding relating to the Fee and Expense Award, or any appeal from any such order, shall not operate to modify or cancel this Settlement Agreement, or affect or delay the finality of the judgment approving the Settlement. A modification or reversal on appeal of any amount of the Fee and Expense Award shall not be deemed a modification of the terms of this Settlement Agreement or final approval order, and shall not give rise to any right of termination.
