Common use of Common Benefit Fees and Reimbursement of Litigation Costs Clause in Contracts

Common Benefit Fees and Reimbursement of Litigation Costs. To ensure that common benefit attorneys (hereinafter referred to as “Common Benefit Attorneys”) are fairly compensated and that their fees are reasonable, an assessment of common benefit attorneys’ fees will be imposed on counsel for each Claimant in accordance with the amount set by Order of the Xxxxxxxxx Xxxxxx X. Kugler to be entered in the MDL (“Assessment”). By opting into the Program, Program Participants and their counsel agree to, and waive, the right to any appeal of any order entered by the MDL court associated with the settlement. Any sum paid as a common benefit fee shall be deducted from the total amount of counsel fees payable under individual plaintiffs’ counsel’s retainer agreement. (A) In addition to those amounts provided above, Common Benefit Attorneys shall also be entitled to reimbursement of their reasonable common benefit expenses. Reimbursement of these expenses shall be deducted from the clients’ recovery in accordance with the law of the applicable state. The amount of common benefit expenses shall be determined by Order entered in the MDL, which sum will be withheld from each Claimants’ Settlement Payment(s) and deposited into a sub-account within the QSF. (B) Daiichi Sankyo and Forest take no position regarding, and have no responsibility or liability for, the award of common benefit attorneys’ fees and the reimbursement of costs under this Section, or the allocation of the same, and waives the right to contest these matters.

Common Benefit Fees and Reimbursement of Litigation Costs. To ensure that common benefit attorneys (hereinafter referred to as “Common Benefit Attorneys”) are fairly compensated and that their fees are reasonable, an assessment of common benefit attorneys’ fees will be imposed on counsel for each Claimant in accordance with the amount set by Order of the Xxxxxxxxx Xxxxxx Xxxxxxx X. Kugler Doherty to be entered in the MDL (“Assessment”). By opting into the Program, Program Participants and their counsel agree to, and waive, the right to any appeal of any order entered by the MDL court associated with the settlement. Any sum paid as a common benefit fee shall be deducted from the total amount of counsel fees payable under individual plaintiffs’ counsel’s retainer agreement. (A) In addition to those amounts provided above, Common Benefit Attorneys shall also be entitled to reimbursement of their reasonable common benefit expenses. Reimbursement of these expenses shall be deducted from the clients’ recovery in accordance with the law of the applicable statenet recovery. The amount of common benefit expenses shall be determined by Order entered in the MDL, which sum will be withheld deducted from each Claimants’ the Settlement Payment(s) and Funds deposited into a sub-account within the QSF. (B) Daiichi Sankyo and Forest take Takeda takes no position regarding, and have has no responsibility or liability Liability for, the award of common benefit attorneys’ fees and the reimbursement of costs under this Section, or the allocation of the same, and waives the right to contest these matters.