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.
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.
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.
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.
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.
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.
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.
