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CLASS COUNSEL FEES AND DISBURSEMENTS Sample Clauses

CLASS COUNSEL FEES AND DISBURSEMENTS. Gen Digital agrees to pay Class Counsel Fees in the amount of $5,040,000 CAD plus applicable taxes (calculated at the date of payment), subject to approval of the Courts, over and above the Settlement Benefits to which Class Members are entitled pursuant to paragraphs 9-18. For greater certainty, it is expressly agreed that Gen Digital shall not be obligated to pay Class Counsel Fees greater than the lesser of: i) $5,040,000 CAD plus applicable taxes; and ii) the amount of Class Counsel Fees approved by the Courts.
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CLASS COUNSEL FEES AND DISBURSEMENTS. 5.1 Class Counsel will submit an application to the Court for approval of the payment of their fees, disbursements, and applicable taxes thereon. The fee agreement signed by the Plaintiff provides for a payment to counsel representing 25% of the sum recovered for the Class members, in addition to applicable taxes and the reimbursement of disbursements incurred. If this application is approved by the Court, Class Counsel shall deduct the authorized sum of their disbursements and fees, plus taxes (“Class Counsel Fees”), from the Settlement Amount. Accor shall take no position with regards to this part of the application to the extent that Class Counsel’s application, other than that it has agreed to pay these amounts. 5.2 Class Counsel will not claim any other fee or disbursement from Accor or from the Settlement Class Members relating to the Action or the Released Claims. 5.3 This Agreement is in no way conditional upon the approval of Class Counsel’s fees or the Plaintiff's disbursement by the Court. Any order or proceeding relating to Class Counsel’s fees or disbursements, or any appeal from any order relating thereto or reversal or amendment thereof, shall not operate to terminate or cancel the Agreement. Therefore, should the Court refuse to approve the Class Counsel’s fees or disbursements, such refusal shall not operate to terminate or cancel the Agreement.
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CLASS COUNSEL FEES AND DISBURSEMENTS. 5.1 Station Mont Tremblant shall pay Class Counsel’s fees, to be deducted and paid from the Award Amount, in the agreed upon amount $69,952.42 plus GST and QST for its extrajudicial fees (totalling $82,272.78), as well as $15,000 for disbursements, other expenses and judicial costs, including taxes and any amounts due to the Fonds d’aide aux actions collectives, or any lesser amount approved by the Court. Class Counsel shall provide Station Mont Tremblant with an invoice setting out these amounts. By the Effective Date, Station Mont Tremblant will pay to Class Counsel the amount of Class Counsel’s fees and disbursements if and as approved by the Court in the Final Judgment Approving Settlement. 5.2 Station Mont Tremblant agrees that the Representative Plaintiff will be entitled to receive a disbursement of up to $500, which will be deducted from the Award Amount. Station Mont Tremblant shall disburse the sum of up to $500 (subject to Court approval) to the Representative Plaintiff by the Effective Date. 5.3 This Agreement is in no way conditional upon the approval of Class Counsel’s fees or the Representative Plaintiff's disbursement by the Court. Any order or proceeding relating to Class Counsel’s fees or disbursements, or any appeal from any order relating thereto or reversal or amendment thereof, shall not operate to terminate or cancel the Agreement. Therefore, should the Court refuse to approve the Class Counsel’s fees or disbursements, such refusal shall not operate to terminate or cancel the Agreement. 5.4 Class Counsel shall be responsible for filing and presenting an application before the Court, at the same time as the Final Approval Hearing or subsequent thereto, requesting approval of the payment of its fees and disbursements. Station Mont Tremblant shall take no position with regards to this part of the application to the extent that Class Counsel’s application, other than that it has agreed to pay these amounts. 5.5 In consideration for the payment of legal fees, extrajudicial costs, expert fees, and disbursements above, Class Counsel will not claim any other fee or disbursement from Station Mont Tremblant or from the Settlement Class Members relating to the Action or the Released Claims.
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CLASS COUNSEL FEES AND DISBURSEMENTS. 9.1 Class Counsel will seek in its fee approval materials a fee of 24% of the Settlement Fund, plus HST, reimbursement of all disbursements and HST paid on those disbursements (the “Legal Fees and Disbursements”) or such other terms as the Court at the approval hearing may direct. 9.2 The Notice to the Settlement Class of the proposed settlement will state that it is proposed that the Legal Fees and Disbursements will be paid to Class Counsel subject to Court approval at the Approval Hearing, and that the Levy, calculated as 10% of the Settlement Fund, net of Legal Fees and Disbursements will be payable to the Law Foundation. 9.3 The amounts owing to Class Counsel and the Law Foundation will be paid from the Settlement Fund, after the Effective Date, in trust to Class Counsel and to the Law Foundation. 9.4 This section does not apply to the payment to Class Counsel provided for in section 17.3 of the Settlement Agreement, which payment is to be paid in accordance with that section. 9.5 The Defendants will forgo the costs award made in their favour in the Xxxxxxx Action on September 24, 2019.
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CLASS COUNSEL FEES AND DISBURSEMENTS. Subject to Court approval and the exhaustion or expiration of all appellate rights, MBC shall pay to Class Counsel the amount of $16,310,000 on account of Class Counsel fees, disbursements, and HST (collectively, the “Agreed Class Counsel Amount”), which is comprised of $14 million in fees, $490,000 in disbursements (inclusive of HST), and $1,820,000 in HST on fees, or such lesser amount as is approved by the Court (“Ordered Amount”). The Class Counsel fees, disbursements and HST must be approved by the Court. Court approval of the terms of the settlement shall be obtained before approval of the Agreed Class Counsel Amount is sought. Class Counsel and the Defendants represent that they reached agreement in principle on the material terms of this Settlement Agreement before discussing the amount of fees and disbursements to be paid. MBC will wire to an account specified by Class Counsel all counsel fees and disbursements approved by the Court within thirty (30) days after both the Effective Date and exhaustion or expiration of all appellate rights.
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CLASS COUNSEL FEES AND DISBURSEMENTS. (1) Subject to Court approval, the Defendant shall pay Class Counsel $175,000 for fees, plus disbursements and applicable taxes, for all work to January 28, 2015, and $50,000 for fees, plus disbursements and applicable taxes for work as Class Counsel and Claims Administrator extending to the completion of this proceeding including administration of the settlement to the Implementation Date. Neither Class Counsel nor the Claims Administrator shall make any further application to Court seeking payment from the Defendant of any additional or further fees, disbursements or taxes. (2) Settlement Class Members who retain or have retained lawyers to assist them in making their individual claims under this Settlement Agreement shall be personally responsible for the legal fees and expenses of such lawyers. (3) The Defendant shall pay the mediator’s fees and facility costs of the January 27-28, 2015 mediation.
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CLASS COUNSEL FEES AND DISBURSEMENTS. 47. Gen Digital agrees to pay Class Counsel Fees in the amount of $5,040,000 CAD plus applicable taxes (calculated at the date of payment), subject to approval of the Courts, over and above the Settlement Benefits to which Class Members are entitled pursuant to paragraphs 9-18. For greater certainty, it is expressly agreed that Gen Digital shall not be obligated to pay Class Counsel Fees greater than the lesser of: i) $5,040,000 CAD plus applicable taxes; and ii) the amount of Class Counsel Fees approved by the Courts. 48. In the event that the Courts approve Class Counsel Fees that in the aggregate are less than $5,040,000 CAD plus applicable taxes, the difference will be added to the amount of the Settlement Fund payable to the Class Members as per paragraph 9 of this Settlement Agreement. 49. Within five (5) Days of the Effective Date, each Class Counsel shall issue invoices to Gen Digital, containing applicable sales tax numbers, and any other documentation needed to effect payment, in the amounts payable respectively to Quebec Class Counsel and to Ontario Class Counsel. Gen Digital shall pay the Class Counsel Fees, disbursements described below in paragraph 52, and applicable taxes within 30 Days of receipt of each invoice. 50. Class Counsel agree to give reasonable assistance to Gen Digital for any necessary tax filings. 51. At the Approval Hearing, Gen Digital will represent that they have agreed to pay Class Counsel Fees, over and above the Settlement Benefits to which Class Members are entitled pursuant to paragraphs 9-18, as part of this Settlement. 52. In addition to the Class Counsel Fees, Gen Digital also agrees to pay $192,393.92 CAD for Quebec Class Counsel’s court costs and disbursements, including expert fees, inclusive of applicable taxes, and an amount of $172,000 CAD for Ontario Class Counsel’s court costs and disbursements, including expert fees, inclusive of applicable taxes, subject to approval of the Courts.
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Related to CLASS COUNSEL FEES AND DISBURSEMENTS

  • FEES AND DISBURSEMENTS The fees for Services shall be in accordance with the fee schedule as agreed upon between the Client and the Customs Broker, as amended from time to time (the “Fees”). (a) Disbursements incurred by the Customs Broker on behalf of the Client shall be reimbursed to the Customs Broker by the Client.

  • Costs and Disbursements (a) Except as otherwise provided in this Agreement or in the Schedules to this Agreement, a Recipient of Services shall pay to the Provider of such Services a monthly fee for the Services (or category of Services, as applicable) (each fee constituting a “Service Charge” and, collectively, “Service Charges”), which Service Charges shall be agreed to by the Parties from time to time and generally determined in a manner consistent with the methodology used by HBIO for assessing fees with respect to the HXXX Business; provided further that to the extent the Service Charge for a particular Service is accrued on an hourly basis, such Service Charge shall be paid monthly by the Recipient and include the aggregate amount of the hourly charges for the immediate preceding month. During the term of this Agreement, the amount of a Service Charge for any Services (or category of Services, as applicable) may increase to the extent of: (i) any increases mutually agreed to by the Parties, (ii) any Service Charges applicable to any Additional Services or New Services, and (iii) any increase in the rates or charges imposed by any third-party provider that is providing Services. Together with any monthly invoice for Service Charges, the Provider shall provide the Recipient with documentation to support the calculation of such Service Charges. (b) Recipient shall reimburse Provider for all reasonable out-of-pocket costs and expenses incurred by Provider or its Affiliates in connection with providing the Services to the extent that such costs and expenses are not reflected in the Service Charge for such Services; provided, however, that any such cost or expense not consistent with historical practice between the Parties and exceeding $2,500 per month, for any Service (including business travel and related expenses) shall require advance approval of the Recipient. Any authorized travel-related expenses incurred in performing the Services shall be incurred and charged to Recipient in accordance with Provider’s then applicable business travel policies. (c) The Recipient shall pay the amount of each such invoice by wire transfer (or such other method of payment as may be agreed between the Parties) to the Provider within thirty (30) days of the receipt of each such invoice, including appropriate documentation as described herein, as instructed by the Provider. In the absence of a timely notice of billing dispute in accordance with the provisions of Article IX of this Agreement, if the Recipient fails to pay such amount by the due date, the Recipient shall be obligated to pay to the Provider, in addition to the amount due, interest at an annual default interest rate of three percent (3%), or the maximum legal rate whichever is lower (the “Interest Payment”), accruing from the date the payment was due through the date of actual payment. (d) Subject to the confidentiality provisions set forth in Section 11.03, each Party shall, and shall cause their respective Affiliates to, provide, upon ten (10) days’ prior written notice from the other Party, any information within such Party’s or its Affiliates’ possession that the requesting Party reasonably requests in connection with any Services being provided to such requesting Party by an unaffiliated third-party provider, including any applicable invoices, agreements documenting the arrangements between such third-party provider and the Provider and other supporting documentation; provided, however, that each Party shall make no more than one such request during any fiscal quarter.

  • Accounts and Disbursements The Custodian shall establish and maintain a separate account for each Portfolio and shall credit to the separate account all moneys received by it or a Sub-Custodian for the account of such Portfolio and shall disburse, or cause a Sub-Custodian to disburse, the same only: 1. In payment for Securities purchased for the Portfolio, as provided in Section 7 hereof; 2. In payment of dividends or distributions with respect to the Shares of such Portfolio, as provided in Section 11 hereof; 3. In payment of original issue or other taxes with respect to the Shares of such Portfolio, as provided in Section 12(c) hereof; 4. In payment for Shares which have been redeemed by such Portfolio, as provided in Section 12 hereof; 5. In payment of fees and in reimbursement of the expenses and liabilities of the Custodian attributable to the Fund, as provided in Sections 5 and 16(h) hereof; 6. Pursuant to Instructions setting forth the name of the Portfolio and the name and address of the person to whom the payment is to be made, the amount to be paid and the purpose for which payment is to be made.

  • Legal Fees and Expenses The parties shall each bear their own expenses, legal fees and other fees incurred in connection with this Agreement.

  • Reimbursement of Fees and Expenses The Advisor retains its right to receive reimbursement of any excess expense payments paid by it pursuant to this Agreement under the same terms and conditions as it is permitted to receive reimbursement of reductions of its investment management fee under the Investment Advisory Agreement.

  • Counsel Fees The Administrative Agent shall have received full payment from the Borrower of the fees and expenses of Xxxxx Xxxx & Xxxxxxxx LLP described in Section 9.03 which are billed through the Effective Date and which have been invoiced one Business Day prior to the Effective Date.

  • 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.

  • Legal Fees The parties hereto agree that the non-prevailing party in any dispute, claim, action or proceeding between the parties hereto arising out of or relating to the terms and conditions of this Agreement or any provision thereof (a “Dispute”), shall reimburse the prevailing party for reasonable attorney’s fees and expenses incurred by the prevailing party in connection with such Dispute; provided, however, that the Director shall only be required to reimburse the Company for its fees and expenses incurred in connection with a Dispute if the Director’s position in such Dispute was found by the court, arbitrator or other person or entity presiding over such Dispute to be frivolous or advanced not in good faith.

  • Payment of Fees and Expenses Borrower shall have paid to Lender all fees, charges, and other expenses which are then due and payable as specified in this Agreement or any Related Document.

  • REIMBURSEMENT OF FEES AND COSTS The Parties acknowledge that Xxxxxxxx and her counsel offered to reach preliminary agreement on the material terms of this dispute before reaching terms on the amount of fees and costs to be reimbursed to them. The Parties thereafter reached an accord on the compensation due to Xxxxxxxx and her counsel under general contract principles and the private attorney general doctrine and principles codified at California Code of Civil Procedure § 1021.5, for all work performed through the mutual execution of this agreement. Under these legal principles, Xxx shall reimburse Xxxxxxxx’x counsel for fees and costs incurred as a result of investigating and bringing this matter to Xxx’s attention, and negotiating a settlement in the public interest. Within ten (10) days of the Effective Date, Bon shall issue a check payable to “Xxxxxxx & Xxxxx” in the amount of $4,500.00 for delivery to the address identified in § 3.2(a)(i), above.

Most Referenced Clauses

Most Referenced Definitions