Attorneys’ Fees, Service Award, Costs, and Other Expenses Sample Clauses

Attorneys’ Fees, Service Award, Costs, and Other Expenses. No later than forty-five (45) days following the mailing of Notice to the Settlement Class, Class Counsel shall make an application to the Court for an award of attorneys’ fees, costs, and other expenses for their representation of the Settlement Class. This application will be posted to the Settlement Website within one day of filing with the Court. The amount that will be requested by Class Counsel for attorneys’ fees shall be no greater than $3,243,856 and Class Counsel may also petition for their reasonable costs and expenses. Class Counsel’s application shall also request that the Court specifically approve all of the terms of this Section. No later than the time Class Counsel files the application above, Class Counsel shall provide to Defendant a properly- completed W-9 Form pertaining to Class Counsel. No later than forty-five (45) days following the mailing of Notice to the Settlement Class, Named Plaintiff shall make an application to the Court for the Court’s approval of a Service Award $7,500 to be paid from the Settlement Fund. Defendant agrees not to oppose a Service Award of $7,500 for the Named Plaintiff to be paid from the Settlement Fund. Defendant’s agreement to this Service Award is in no way an admission of liability for Plaintiff’s claims. To the extent the Court approves an award of attorneys’ fees or Service Award in an amount less than the requested amount, the difference shall be disbursed for the benefit of the Settlement Class Members. The application for attorneys’ fees, and any and all matters related thereto shall be considered by the Court separately from the Court’s consideration of the fairness, reasonableness and adequacy of the Settlement Agreement. The Named Plaintiff and Class Counsel agree that this Settlement Agreement is not conditional on the Court’s approval of attorneys’ fees or the Service Award in the requested amount or in any amount whatsoever. The Court’s ruling on the application or applications for such fees and award shall not operate to terminate or cancel the Settlement Agreement.
Sample 1
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Attorneys’ Fees, Service Award, Costs, and Other Expenses. 5.3.1 No later than forty-five (45) days following the mailing of Notice to the Settlement Class, Class Counsel shall make an application to the Court for an award of attorneys’ fees, costs, and other expenses for their representation of the Settlement Class, not to exceed two- hundred twenty-five thousand dollars ($225,000). This application will be posted to the Settlement Website within one day of filing with the Court. No later than the time Class Counsel files the application above, Class Counsel shall provide to Defendant properly-completed W-9 Forms pertaining to Class Counsel, Plaintiffs, and the Settlement Fund. Defendant agrees to pay to Class Counsel the attorneys’ fees, costs and other expenses the Court awards pursuant to the application referenced above separate and apart from the Settlement Fund. However, in no event shall Defendant be required to pay anything more than two hundred twenty-five thousand dollars ($225,000) in attorneys’ fees, costs, and other expenses, even if the Court awards more in response to Class Counsel’s application. Defendant shall make the payment for attorneys’ fees, costs, and other expenses pursuant to the schedule in Section 5.3.4.
Sample 1
Attorneys’ Fees, Service Award, Costs, and Other Expenses. No later than forty-five (45) days prior to the Final Approval Hearing, Class Counsel shall make an application to the Court for an award of attorneys’ fees, costs, and other expenses for their representation of the Class. That application will be posted to the Settlement Website by the Settlement Administrator within one business day of filing with the Court. The amount that will be requested by Class Counsel shall be no greater than $2,116,666.67, which Defendant agrees not to oppose. No later than the time Class Counsel files the application above, Class Counsel shall provide to the Settlement Administrator a properly-completed W-9 Form pertaining to Class Counsel. No later than forty-five (45) days prior to the Final Approval Hearing, Named Plaintiff shall make an application to the Court for the Court’s approval of a Service Award of $10,000 to be paid from the Settlement Fund, which Defendant agrees not to oppose. No later than the time Class Counsel files the application above, Class Counsel shall provide to the Settlement Administrator a properly-completed W-9 Form pertaining to the Named Plaintiff. To the extent the Court approves an award of attorneys’ fees or Service Award in an amount less than the requested amount, the difference shall remain in the Settlement Fund and then be disbursed for the benefit of the Class Members consistent with the other terms of the Settlement Agreement.
Sample 1

Related to Attorneys’ Fees, Service Award, Costs, and Other Expenses

  • Payment of Employment Taxes and Other Expenses Should City, in its discretion, or a relevant taxing authority such as the Internal Revenue Service or the State Employment Development Division, or both, determine that Contractor is an employee for purposes of collection of any employment taxes, the amounts payable under this Agreement shall be reduced by amounts equal to both the employee and employer portions of the tax due (and offsetting any credits for amounts already paid by Contractor which can be applied against this liability). City shall then forward those amounts to the relevant taxing authority. Should a relevant taxing authority determine a liability for past services performed by Contractor for City, upon notification of such fact by City, Contractor shall promptly remit such amount due or arrange with City to have the amount due withheld from future payments to Contractor under this Agreement (again, offsetting any amounts already paid by Contractor which can be applied as a credit against such liability). A determination of employment status pursuant to the preceding two paragraphs shall be solely for the purposes of the particular tax in question, and for all other purposes of this Agreement, Contractor shall not be considered an employee of City. Notwithstanding the foregoing, Contractor agrees to indemnify and save harmless City and its officers, agents and employees from, and, if requested, shall defend them against any and all claims, losses, costs, damages, and expenses, including attorneys’ fees, arising from this section.

  • Independent Contractor Payment of Employment Taxes and Other Expenses Independent Contractor. For the purposes of this Section 4.4, "Contractor" shall be deemed to include not only Contractor, but also any agent or employee of Contractor. Contractor acknowledges and agrees that at all times, Contractor or any agent or employee of Contractor shall be deemed at all times to be an independent contractor and is wholly responsible for the manner in which it performs the services and work requested by City under this Agreement. Contractor, its agents, and employees will not represent or hold themselves out to be employees of the City at any time. Contractor or any agent or employee of Contractor shall not have employee status with City, nor be entitled to participate in any plans, arrangements, or distributions by City pertaining to or in connection with any retirement, health or other benefits that City may offer its employees. Contractor or any agent or employee of Contractor is liable for the acts and omissions of itself, its employees and its agents. Contractor shall be responsible for all obligations and payments, whether imposed by federal, state or local law, including, but not limited to, FICA, income tax withholdings, unemployment compensation, insurance, and other similar responsibilities related to Contractor’s performing services and work, or any agent or employee of Contractor providing same. Nothing in this Agreement shall be construed as creating an employment or agency relationship between City and Contractor or any agent or employee of Contractor. Any terms in this Agreement referring to direction from City shall be construed as providing for direction as to policy and the result of Contractor’s work only, and not as to the means by which such a result is obtained. City does not retain the right to control the means or the method by which Contractor performs work under this Agreement. Contractor agrees to maintain and make available to City, upon request and during regular business hours, accurate books and accounting records demonstrating Contractor’s compliance with this section. Should City determine that Contractor, or any agent or employee of Contractor, is not performing in accordance with the requirements of this Agreement, City shall provide Contractor with written notice of such failure. Within five (5) business days of Contractor’s receipt of such notice, and in accordance with Contractor policy and procedure, Contractor shall remedy the deficiency. Notwithstanding, if City believes that an action of Contractor, or any agent or employee of Contractor, warrants immediate remedial action by Contractor, City shall contact Contractor and provide Contractor in writing with the reason for requesting such immediate action.

  • ATTORNEYS’ FEES, COSTS, AND EXPENSES In any action or proceeding between Borrower and Bank arising out of or relating to the Loan Documents, the prevailing party shall be entitled to recover its reasonable attorneys’ fees and other costs and expenses incurred, in addition to any other relief to which it may be entitled.

  • Legal Fees and Costs In the event a party elects to incur legal expenses to enforce or interpret any provision of this Agreement by judicial proceedings, the prevailing party will be entitled to recover such legal expenses, including, without limitation, reasonable attorneys’ fees, costs, and necessary disbursements at all court levels, in addition to any other relief to which such party shall be entitled.

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