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

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 costs. G. The Class Representatives, the Class, and/or Class Counsel may not terminate this Agreement because the Class Representatives, the Class, and/or Class Counsel assert that the amount of the Fee Award, the cap on Track A Individual Counsel Fees, or the cap on Track B Fees is inadequate. H. The Class Representatives, the Class, Class Counsel, and Individual Counsel release, acquit, and forever discharge any claim that they may have against the Secretary for attorneys’ fees, expenses, or costs associated with their representation of the Signatory Plaintiffs, the Class, or any Member of the Class in the Consolidated Case or under this Agreement. I. If a person preparing a claim on a Xxxxxxxx’s behalf seeks the Claimant’s award as a representative of the Claimant’s estate, Class Counsel and Individual Counsel may, but are not required to, represent that Claimant in any probate proceedings. The fee for such probate work is outside the scope of this Agreement and is not subject to any limitation on attorneys’ fees, expenses, or costs contained within this Agreement.

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 the Track B Fees of 8% of a Track B Claimant’s Final Award Fee Cap and a cap on the Track A Individual Counsel Fees Fee Cap and to set the amount of the Track B Fee Cap and the Track A Individual Counsel Fee Cap, except that the amount of the Track A Individual Counsel Fee Cap shall not exceed 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 Award and a cap on Track B Fees of Fee Cap shall not exceed 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 or simultaneous with the Motion for Preliminary Approval, Signatory Plaintiffs will move the court to preliminarily approve the range Final Approval 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 Deadlinethis Agreement, Class Counsel will move the Court to approve the Fee Award and 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 FeesFee Cap, and the cap on Track B Fees Fee Cap 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 ClassClass from the Common Benefit Fund. The total amount of Common Benefit Fees Fund shall equal be comprised of 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 Feesfees, costs, and expenses from the Common Benefit Fund 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.IV.G. F. Except for the payments to the Designated Account required under Section IV, the The Secretary shall not be liable to pay Class Counsel, Signatory Plaintiffs’ Counsel, or Individual Counsel any attorneys’ attorney’s fees, expenses, or costs. G. The Class Representatives, the Class, and/or Class Counsel may not terminate this Agreement because the Class Representatives, the Class, and/or Class Counsel assert that the amount of the Fee Award, the cap on Track A Individual Counsel FeesFee Cap, or the cap on Track B Fees Fee Cap is inadequate. H. The Class Representatives, the Class, Class Counsel, and Individual Counsel release, acquit, and forever discharge any claim that they may have against the Secretary for attorneys’ attorney’s fees, expenses, or costs associated with their representation of the Signatory Plaintiffs, the Class, or any Member of the Class in the Consolidated Case or under this Agreement. I. If a person preparing a claim on a Xxxxxxxx’s behalf seeks the Claimant’s award as a representative of the Claimant’s estate, Class Counsel and Individual Counsel may, but are not required to, represent that Claimant in any probate proceedings. The fee for such probate work is outside the scope of this Agreement and is not subject to any limitation on attorneys’ attorney’s fees, expenses, or costs contained within this Agreement.