Class Representative Service Awards. Plaintiffs, through their counsel, shall each be entitled to apply to the Court for an award from the Settlement Fund for their participation in the Actions and their service to the Settlement Class. Based on their respective levels of participation in the Actions, Plaintiff Xxxxxxx shall be entitled to apply for a Class Representative Service Award in an amount not exceeding $10,000.00 in recognition of his service to the Settlement Class and Plaintiffs Dixon, Powell, and Polcare shall be entitled to apply for a Class Representative Service Award in an amount not exceeding $3,000.00 in recognition of their service to the Settlement Class. Target shall not oppose or appeal such applications that do not exceed these amounts. The Class Representative Service Awards shall be paid from the Settlement Fund.
Class Representative Service Awards. 15 6.1 The Class Representatives shall be entitled to service awards of $2,500 each, 16 which shall be paid by defendants in the Lawsuit pro rata, i.e., Sybo shall pay one-ninth of $7,500 17 ($833) toward the Class Representatives’ service awards. For the avoidance of doubt, the Class 18 Representative service awards will be paid by Defendant separately from and not count towards 19 its obligation to fund the Payment Fund.
20 6.2 Class Counsel shall include any request for Class Representatives’ service awards 21 in its motion for final approval and the Final Approval Order.
22 6.3 Within twenty-one (21) calendar days of the Effective Date, Defendant shall pay to 23 the Settlement Administrator its portion of the Class Representatives’ service awards ($833). The 24 Settlement Administrator shall deposit and hold Defendant’s portion of the Class Representatives’ 25 service awards ($833) in one segregated, interest-bearing account at a financial institution with 26 more than $20 billion in an account or accounts insured by an agency or agencies of the United 27 States government, with insurance that exceeds any amounts deposited therein. The Settlement 28 Administrator shall distribute Defendant’s portion of the Class Representatives’ service awards, 1 and any interest accrued thereon within thirty (30) days of the Effective Date, by wiring those 2 funds to Class Counsel at Lieff Cabraser Xxxxxxx & Xxxxxxxxx, LLP’s State Bar Attorney Client 3 Trust account. Class Counsel shall cause payment of each Class Representative’s service award, 4 and any interest accrued thereon, to each Class Representative within ten (10) business days of 5 the Settlement Administrator’s distribution of the same to Class Counsel.
Class Representative Service Awards. Defendant will not object to a request for Class Representative Service Award of up to Ten Thousand Dollars and Zero Cents ($10,000.00) to Plaintiff for his time and risk in prosecuting this case, and his service to the Settlement Class. These awards will be in addition to Plaintiff’s Settlement Award as a Settlement Class member and shall be reported on an IRS Form 1099 issued by the Settlement Administrator. Even if the Court reduces or does not approve the requested Service Award, Plaintiff shall not have the right to revoke this Settlement Agreement, and it will remain binding.
Class Representative Service Awards. In recognition of their service to the Settlement Class, the Motion for Fees, Costs, and Service Awards may request the Court to approve service awards of $5,000 each to the Class Representatives subject to the approval of the Court. Gilead will take no position on the ice Awards as long as the requested amounts are consistent with this and the preceding paragraph. The service awards shall be paid from the Settlement Fund at the same time as Settlement Payments are made to Settlement Class Members. Should the Court reduce or decline to approve any requested service awards, the Settlement shall remain effective.
Class Representative Service Awards. 1. Class Counsel may request service awards not to exceed seven thousand five hundred dollars ($7,500.00) per Class Representative. Any service awards shall be paid out of the Gross Settlement Amount, subject to Court approval, which Swift shall not oppose.
2. The Parties agree that the Court’s approval of any request for service awards is not a condition to this Agreement.
Class Representative Service Awards. 1. Class Counsel shall petition the Court for, and Dell shall not oppose, a Class Representative service award in an amount up to $5,000 for each of the Class Representatives in the Action, in recognition of their efforts on behalf of the Class. The Court’s award of any Class Representative service award shall be separate from its determination of whether to approve the Settlement. In the event the Court approves the Settlement, but declines to award a Class Representative service award in the amount requested by Class Counsel, the Settlement will nevertheless be binding on the Parties and all Class Members.
2. To the extent awarded by the Court, Dell shall pay the Class Representative service awards, through Class Counsel, within twenty (20) days of the Court’s entry of the Final Approval Order and Judgment and any order awarding Class Representative service awards, notwithstanding any appeal, upon execution of a Stipulated Undertaking, attached as Exhibit G hereto (“Stipulated Undertaking”), requiring repayment of such service awards by Class Counsel should the Final Approval Order and Judgment or the award of Class Representative service awards be reversed or materially modified on appeal. Dell shall have no liability to the Class Representatives arising from any claim regarding payment of any award of the Class Representative service awards, so long as Dell complies with its obligations under this Agreement.
3. Payment by Dell of the Class Representative service awards is separate from, and in addition to, the other relief afforded to the Class Members in this Agreement.
Class Representative Service Awards. 13.2.1. The Parties agree that Class Representatives and Class Counsel may seek service awards to the Class Representatives not to exceed Fifty Thousand Dollars ($50,000) per Class Representative for a total amount of requested service awards of Three Hundred Thousand Dollars ($300,000), to be paid from the Settlement Fund as provided in the Plan of Distribution.
Class Representative Service Awards. 18
5.1 In conjunction with seeking final approval of the Settlement Agreement from the
5.2 Unity agrees not to oppose or appeal any application for Class Representative
5.3 Class Counsel shall include any request for Class Representative service awards in
Class Representative Service Awards. A service award not to exceed $5,000 to each of the named plaintiffs, Xxxxx Xxxxxxxx and Xxxx Xxxxxxxx, to compensate them for services on behalf of the Class in initiating and prosecuting the Litigation. The service awards must be approved by the Court. • LWDA Payment. A civil penalty payment of approximately $15,000 to the California Labor and Workforce Development Agency’s share of civil penalties under PAGA. • Attorneys’ Fees and Expenses. Class Counsel – which includes attorneys from two separate law firms that have been prosecuting the Lawsuit on behalf of the Class Members on a contingency fee basis (that is, without being paid any money to date) and have been paying all litigation costs and expenses. To date, the parties have aggressively litigated many aspects of the case including settlement efforts and a full day mediation session. The Court will determine the actual amount awarded to Class Counsel as attorneys’ fees, which will be paid from the Settlement Amount. Class Members are not personally responsible for any of Class Counsel’s attorneys’ fees or expenses. Class Counsel will collectively ask for fees of one third (i.e., $175,000) of the Settlement Amount as reasonable compensation for the work Class Counsel performed and will continue to perform in this Lawsuit. Class Counsel also will ask for reimbursement of up to $15,000.00 for the costs Class Counsel incurred in connection with the Lawsuit. After the above payments are subtracted from the Gross Settlement Fund, the remaining amount will be distributed to Class Members (the “Net Settlement Fund”). The Net Settlement Fund will be allocated according to the number of weeks each Class Member was contracted with KOC as a Field Agent in California during the Settlement Period. Each Class Member shall initially be allocated a share of the Net Settlement Fund according to the number of weeks that individual was contracted as a Field Agent in California during the Settlement Period, divided by the total number of weeks that all Class Members combined were contracted as Field Agents in California during the Settlement Period.
Class Representative Service Awards. Any Service Award is to be paid solely from the Escrow Account and taken from the Settlement Amount. Any Service Award shall be paid to Plaintiff in addition to any payments Plaintiff is entitled to receive as a Settlement Class Member. Notwithstanding anything herein, the Court’s failure to approve, in whole or in part, the Service Award sought by Class Counsel shall not prevent the Agreement from becoming effective, nor shall it be grounds for termination. In the event the Court declines to approve, in whole or in part, a Service Award in the amount set forth above, or at all, the remaining provisions of this Agreement shall remain in full force and effect. The Parties negotiated and reached this agreement regarding a Service Award only after reaching agreement on all other material terms of this Settlement.
