Common use of Attorneys’ Fees, Service Award, Costs, and Other Expenses Clause in Contracts

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.

Attorneys’ Fees, Service Award, Costs, and Other Expenses. No later than forty-five (45) days following the mailing of Notice prior to the Settlement ClassFinal 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 Settlement Class. This application will be posted to the Settlement Website within one day five days 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 500,000.00. If approved by the Court, this amount shall be paid by Defendant separate from any amounts paid to Settlement Class Counsel may also petition for their reasonable costs and expensesMembers. Class Counsel’s application shall also request that the Court specifically approve all of the terms of this Section. No later than Defendant agrees not to oppose or object to the time application by Class Counsel files for attorneys’ fees, costs, and other expenses in an amount to be paid separately by the application aboveDefendant not to exceed $500,000. The award shall include all fees, costs, and other expenses for all attorneys (and their employees, consultants, experts, and other agents) who performed work in connection with the Litigation of the claims on behalf of the Settlement Class Counsel shall provide to Defendant a properly- completed W-9 Form pertaining to Class CounselMembers. No later than forty-five (45) days following the mailing of Notice prior to the Settlement ClassFinal Approval Hearing, the Named Plaintiff shall make an application to the Court for the Court’s approval of a Service Award of $7,500 10,000 to be paid by Defendant separate and apart from the any amounts paid to Settlement FundClass Members. Defendant agrees not to oppose a Service Award of $7,500 10,000 for the Named Plaintiff to be paid from separately by the Settlement FundDefendant. Defendant’s agreement to this Service Award is in no way an admission of liability for the Named 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.

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 sixty-seven thousand, two hundred forty-two dollars ($267,242.00). 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 Forms pertaining to Class Counsel, Plaintiff, 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 sixty-seven thousand, two hundred forty-two dollars ($267,242.00) in attorneys’ fees, costs and other expenses, even if the Court awards more in response to Class Counsel’s application. DocuSign Envelope ID: 06EE7A26-3CA3-4588-8164-D230025D2033 Defendant shall make the payment for attorneys’ fees, costs, and other expenses pursuant to the schedule in Section 5.3.4. 5.3.2 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 of up to $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 FundPlaintiff. Defendant’s agreement to this Service Award is in no way an admission of liability for Plaintiff’s claims. In exchange for any Service Award the Court awards, upon the Effective Date, Named Plaintiff on behalf of himself and his spouse, heirs, executors, administrators, representatives, agents, attorneys, partners, successors, predecessors, assigns, and all those acting or purporting to act on their behalf, acknowledges full satisfaction of, and shall be conclusively deemed to have fully, finally, and forever settled, released, and discharged all the Released Parties of and from all claims, rights, causes of action, suits, obligations, debts, demands, agreements, promises, liabilities, damages, losses, controversies, costs, expenses, and attorneys’ fees of any nature whatsoever arising before and up through the Effective Date, whether known or unknown, matured or unmatured, foreseen or unforeseen, suspected or unsuspected, accrued or unaccrued. To the extent the Court approves an award of attorneys’ fees or a Service Award in an amount less than the requested amount, the difference shall be disbursed remain in the Settlement Fund 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.

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. 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- properly-completed W-9 Form 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. 5.3.2 No later than forty-five (45) days following the mailing of Notice to the Settlement Class, Named Plaintiff Plaintiffs shall make an application to the Court for the Court’s approval of a Service Award of up to $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 FundPlaintiffs. Defendant’s agreement to this Service Award is in no way an admission of liability for Plaintiff’s Plaintiffs’ claims. In exchange for any Service Award the Court awards, upon the Effective Date, Named Plaintiffs on behalf of themselves and their spouses, heirs, executors, administrators, representatives, agents, attorneys, partners, successors, predecessors, assigns, and all those acting or purporting to act on their behalf, acknowledge full satisfaction of, and shall be conclusively deemed to have fully, finally, and forever settled, released, and discharged all the Released Parties of and from all claims, rights, causes of action, suits, obligations, debts, demands, agreements, promises, liabilities, damages, losses, controversies, costs, expenses, and attorneys’ fees of any nature whatsoever arising before and up through the Effective Date, whether known or unknown, matured or unmatured, foreseen or unforeseen, suspected or unsuspected, accrued or unaccrued, including all claims asserted in the instant matter. To the extent the Court approves an award of attorneys’ fees or a Service Award in an amount less than the requested amount, the difference shall be disbursed remain in the Settlement Fund 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.