Common use of Composition of the Panel Clause in Contracts

Composition of the Panel. (a) The first and the second members of the Panel shall both be permanent members of the Panel and, as such, will participate in the determination of all Fee Awards. The third Panel member shall not be a permanent Panel member, but instead shall be a state-specific member selected to determine Fee Awards on behalf of Outside Counsel retained in connection with litigation within a single state. Accordingly, the third, state-specific member of the Panel for purposes of determining Fee Awards with respect to litigation in the State of Texas shall not participate in any determination as to any Fee Award with respect to litigation in any other state (unless selected to participate in such determinations by such persons as may be authorized to make such selections under other agreements). (b) The members of the Panel shall be selected as follows: (i) The first member shall be a natural person selected by Participating Defendants, who shall advise Texas Counsel of the name of the person selected by October 8, 1998. (ii) The second member shall be a natural person selected by agreement of Participating Defendants and a majority of the members of a committee composed of the following members: Xxxxxx X. Xxxx, Xxxxxxx X. Xxxxxxx, Xxxxxx X. Xxxxxx, Xxxxxx Xxxxxxx, two representatives of the Xxxxxxx Plaintiffs' Legal Committee and, at the option of Participating Defendants, one additional representative to serve on behalf of counsel for any one or more states that, subsequent to the date hereof, enter into settlement agreements with Participating Defendants that provide for payment of such states' Outside Counsel pursuant to an arbitrated award of fees. Such second member shall be selected by October 1, 1998. (iii) The third, state-specific member for purposes of determining Fee Awards with respect to litigation in the State of Texas shall be a natural person selected by Private Counsel, who shall notify Settling Defendants and Other Texas Counsel of the name of the person selected by October 15, 1998.

Composition of the Panel. (a) The first and the second members of the Panel shall both be permanent members of the Panel and, as such, will participate in the determination of all Fee Awards. The third Panel member shall not be a permanent Panel member, but instead shall be a state-specific member selected to determine Fee Awards on behalf of Outside Private Counsel retained in connection with litigation within a single state. Accordingly, the third, state-specific member of the Panel for purposes of determining Fee Awards with respect to litigation in the State of Texas Mississippi shall not participate in any determination as to any Fee Award with respect to litigation in any other state (unless selected to participate in such determinations by such persons as may be authorized to make such selections under other agreements). (b) The members of the Panel shall be selected as follows: (i) The first member shall be a natural person selected by Participating Defendants, who shall advise Texas Mississippi Counsel of the name of the person selected by October 8, 1998. (ii) The second member shall be a natural person selected by agreement of Participating Defendants and a majority of the members of a committee composed of the following members: Xxxxxx X. Xxxx, Xxxxxxx X. Xxxxxxx, Xxxxxx X. Xxxxxx, Xxxxxx Xxxxxxx, two representatives of the Xxxxxxx Plaintiffs' Legal Committee and, at the option of Participating Defendants, one additional representative to serve on behalf of counsel for any one or more states that, subsequent to the date hereof, enter into settlement agreements with Participating Defendants that provide for payment of such states' Outside Private Counsel pursuant to an arbitrated award of fees. Such ; such second member shall be selected by October 1, 1998. (iii) The third, state-specific member for purposes of determining Fee Awards with respect to litigation in the State of Texas Mississippi shall be a natural person selected by Private Mississippi Counsel, who shall notify Settling Defendants and Other Texas Counsel of the name of the person selected by October 15, 1998.

Composition of the Panel. (a) The first and the second members of the Panel shall both be permanent members of the Panel and, as such, will participate in the determination of all Fee Awards. The third Panel member shall not be a permanent Panel member, but instead shall be a state-specific member selected to determine Fee Awards on behalf of Outside Private Counsel retained in connection with litigation within a single state. Accordingly, the third, state-specific member of the Panel for purposes of determining Fee Awards with respect to litigation in the State of Texas Florida shall not participate in any determination as to any Fee Award with respect to litigation in any other state (unless selected to participate in such determinations by such persons as may be authorized to make such selections under other agreements). (b) The members of the Panel shall be selected as follows: (i) The first member shall be a natural person selected by Participating Defendants, who shall advise Texas Participating Florida Counsel of the name of the person selected by October 8, 1998. (ii) The second member shall be a natural person selected by agreement of Participating Defendants and a majority of the members of a committee composed of the following members: Xxxxxx X. Xxxx, Xxxxxxx X. Xxxxxxx, Xxxxxx X. Xxxxxx, Xxxxxx Xxxxxxx, two representatives of the Xxxxxxx Plaintiffs' Legal Committee and, at the option of Participating Defendants, one additional representative to serve on behalf of counsel for any one or more states that, subsequent to the date hereof, enter into settlement agreements with Participating Defendants that provide for payment of such states' Outside Private Counsel pursuant to an arbitrated award of fees. Such ; such second member shall be selected by October 1, 1998. (iii) The third, state-specific member for purposes of determining Fee Awards with respect to litigation in the State of Texas Florida shall be a natural person selected by Private Participating Contract Counsel, who shall notify Settling Defendants and Other Texas Counsel of the name of the person selected by October 15, 1998.