Common use of Individual Counsel Attorneys’ Fees Clause in Contracts

Individual Counsel Attorneys’ Fees. Neither HOC nor any other Released Party shall have any responsibility whatsoever for the payment of Settlement Program Claimants’ (and/or related Executing Derivative Claimant’s) attorneys’ fees or costs. The Claims Processor shall endeavor to make all Settlement Payments owed in relation to any particular Program Claim pursuant to this Agreement payable in the name of the relevant Settlement Program Claimant, his/her Counsel (if any) and each related Executing Derivative Claimant, subject to a reduction pursuant to common benefit fees and reimbursement of costs as set forth in Section 4.3.3 (for the avoidance of doubt, any such reduction nonetheless shall constitute a Settlement Award Payment). Provision, however, can be made for the Claims Processor to cause a Settlement Award Payment to be issued electronically to the Primary Law Firm of each Settlement Program Claimant in trust for such Settlement Program Claimants. However, none of the Released Parties or the Claims Processor shall have any Liability for any failure to do so. No notice of representation or change in representation by any Enrolled Claimant (and/or any Executing Derivative Claimant with respect to such Enrolled Claimant), other than that which is made in such Enrolled Claimant’s Enrollment Form, shall change the application of this Section 14.1. Any division of any Settlement Award Payment with respect to, and as between, any Settlement Program Claimants, any related Executing Derivative Claimants and/or his/her or their respective counsel is to be determined by such Persons and any such division, or any dispute in relation to such division, shall in no way affect the validity of this Agreement or the Release or Dismissal with Prejudice Stipulation executed by such Enrolled Claimant (and any related Executing Derivative Claimants) or his/her Counsel, as applicable. Nothing in this Section 14.1 limits or qualifies Article 16 or Article 17.

Individual Counsel Attorneys’ Fees. Neither HOC Merck nor any other Released Party shall have any responsibility whatsoever for the payment of Settlement Enrolled Program Claimants’ (and/or related Executing Derivative Claimant’s) attorneys’ fees or costs. The Claims Processor Administrator shall endeavor to make all Settlement Payments owed in relation to any particular Program Claim pursuant to this Agreement payable in the name of the relevant Settlement Enrolled Program Claimant, his/her his Counsel (if any) and each related Executing Derivative Claimant, subject to a reduction pursuant to common benefit fees and reimbursement of costs as set forth in Section 4.3.3 9.2 below as determined by the Chief Administrator. (for For the avoidance of doubt, any such reduction nonetheless shall constitute a Settlement Award Payment). Provision, however, can be made for the Claims Processor to cause a Settlement Award Payment to be issued electronically to the Primary Law Firm of each Settlement Program Claimant in trust for such Settlement Program Claimants. .) However, none of the Released Parties or the Claims Processor Administrator shall have any Liability for any failure to do so. No notice of representation or change in representation by any Enrolled Program Claimant (and/or any Executing Derivative Claimant with respect to such Enrolled Program Claimant), other than that which is made in such Enrolled Program Claimant’s Enrollment Form, shall change the application of this Section 14.19.1. Any division of any Settlement Award Payment with respect to, and as between, any Settlement Enrolled Program ClaimantsClaimant, any related Executing Derivative Claimants and/or his/her his or their respective counsel is to be determined by such Persons and any such division, or any dispute in relation to such division, shall in no way affect the validity of this Agreement or the Release or Dismissal with With Prejudice Stipulation executed by such Enrolled Program Claimant (and any related Executing Derivative Claimants) or his/her his Counsel, as applicable. Nothing in this Section 14.1 9.1 limits or qualifies Article 16 or Article 1712 (including in particular Sections 12.1.3 and 12.1.5).

Individual Counsel Attorneys’ Fees. Neither HOC nor any other Released Party shall have any responsibility whatsoever for the payment of Settlement Program Claimants’ (and/or related Executing Derivative Claimant’sClaimants’) attorneys’ fees or costs. The Claims Processor shall endeavor to make all Settlement Payments owed in relation to any particular Program Claim pursuant to this Agreement payable in the name of the relevant Settlement Program Claimant, his/her Counsel (if any) and each related Executing Derivative Claimant, subject to a reduction pursuant to common benefit fees and reimbursement of costs as set forth in Section 4.3.3 (for the avoidance of doubt, any such reduction nonetheless shall constitute a Settlement Award Payment). Provision, however, can be made for the Claims Processor to cause a Settlement Award Payment to be issued electronically to the Primary Law Firm of each Settlement Program Claimant in trust for such Settlement Program Claimants. However, none of the Released Parties or the Claims Processor shall have any Liability for any failure to do so. No notice of representation or change in representation by any Enrolled Claimant (and/or any Executing Derivative Claimant with respect to such Enrolled Claimant), other than that which is made in such Enrolled Claimant’s Enrollment Form, shall change the application of this Section 14.1. Any division of any Settlement Award Payment with respect to, and as between, any Settlement Program Claimants, any related Executing Derivative Claimants and/or his/her or their respective counsel is to be determined by such Persons and any such division, or any dispute in relation to such division, shall in no way affect the validity of this Agreement or the Release or Dismissal with With Prejudice Stipulation executed by such Enrolled Claimant (and any related Executing Derivative Claimants) or his/her Counsel, as applicable. Nothing in this Section 14.1 limits or qualifies Article 16 or Article 17. For the avoidance of doubt, a dispute regarding attorney’s fees between attorneys will not hold up funding by HOC, the Escrow Agent, or the Qualified Settlement Fund Administrator of an individual Settlement Program Claimant’s Settlement Program Award.

Individual Counsel Attorneys’ Fees. Neither HOC nor any other Released Party shall have any responsibility whatsoever for the payment of Settlement Program ClaimantsClaimants’’ (and/or related Executing Derivative ClaimantClaimant’’s) attorneysattorneys’’ fees or costs. The Claims Processor shall endeavor to make all Settlement Payments owed in relation to any particular Program Claim pursuant to this Agreement payable in the name of the relevant Settlement Program Claimant, his/her Counsel (if any) and each related Executing Derivative Claimant, subject to a reduction pursuant to common benefit fees and reimbursement of costs as set forth in Section 4.3.3 (for the avoidance of doubt, any such reduction nonetheless shall constitute a Settlement Award Payment). Provision, however, can be made for the Claims Processor to cause a Settlement Award Payment to be issued electronically to the Primary Law Firm of each Settlement Program Claimant in trust for such Settlement Program Claimants. However, none of the Released Parties or the Claims Processor shall have any Liability for any failure to do so. No notice of representation or change in representation by any Enrolled Claimant (and/or any Executing Derivative Claimant with respect to such Enrolled Claimant), other than that which is made in such Enrolled ClaimantClaimant’’s Enrollment Form, shall change the application of this Section 14.1. Any division of any Settlement Award Payment with respect to, and as between, any Settlement Program Claimants, any related Executing Derivative Claimants and/or his/her or their respective counsel is to be determined by such Persons and any such division, or any dispute in relation to such division, shall in no way affect the validity of this Agreement or the Release or Dismissal with Prejudice Stipulation executed by such Enrolled Claimant (and any related Executing Derivative Claimants) or his/her Counsel, as applicable. Nothing in this Section 14.1 limits or qualifies Article 16 or Article 17.

Individual Counsel Attorneys’ Fees. Neither HOC nor any other Released Party shall have any responsibility whatsoever for the payment of Settlement Program Claimants’ (and/or related Executing Derivative Claimant’s) attorneys’ fees or costs. The Claims Processor shall endeavor to make all Settlement Payments owed in relation to any particular Program Claim pursuant to this Agreement payable in the name of the relevant Settlement Program Claimant, his/her Counsel (if any) and each related Executing Derivative Claimant, subject to a reduction pursuant to common benefit fees and reimbursement of costs as set forth in Section 4.3.3 (for the avoidance of doubt, any such reduction nonetheless shall constitute a Settlement Award Payment). Provision, however, can be made for the Claims Processor to cause a Settlement Award Payment to be issued electronically to the Primary Law Firm of each Settlement Program Claimant in trust for such Settlement Program Claimants. However, none of the Released Parties or the Claims Processor shall have any Liability for any failure to do so. No notice of representation or change in representation by any Enrolled Claimant (and/or any Executing Derivative Claimant with respect to such Enrolled Claimant), other than that which is made in such Enrolled 45 Claimant’s Enrollment Form, shall change the application of this Section 14.1. Any division of any Settlement Award Payment with respect to, and as between, any Settlement Program Claimants, any related Executing Derivative Claimants and/or his/her or their respective counsel is to be determined by such Persons and any such division, or any dispute in relation to such division, shall in no way affect the validity of this Agreement or the Release or Dismissal with Prejudice Stipulation executed by such Enrolled Claimant (and any related Executing Derivative Claimants) or his/her Counsel, as applicable. Nothing in this Section 14.1 limits or qualifies Article 16 or Article 17.

Individual Counsel Attorneys’ Fees. Neither HOC Merck nor any other Released Party shall have any responsibility whatsoever for the payment of Settlement ofEnrolled Program Claimants’ ' (and/or related Executing Derivative Claimant’s's) attorneys’ ' fees or costs. The Claims Processor Administrator shall endeavor to make all Settlement Payments owed in relation to any particular Program Claim pursuant to this Agreement payable in the name of the relevant Settlement Enrolled Program Claimant, his/her his Counsel (if any) and each related Executing Derivative Claimant, subject to a reduction pursuant to common benefit fees and reimbursement of costs as set forth in Section 4.3.3 9.2 below as determined by the Chief Administrator. (for For the avoidance of doubtofdoubt, any such reduction nonetheless shall constitute a Settlement Award Payment). Provision, however, can be made for the Claims Processor to cause a Settlement Award Payment to be issued electronically to the Primary Law Firm of each Settlement Program Claimant in trust for such Settlement Program Claimants. .) However, none of the Released Parties or the Claims Processor Administrator shall have any Liability for any failure to do so. No notice of representation ofrepresentation or change in representation by any Enrolled Program Claimant (and/or any Executing Derivative Claimant with respect to such Enrolled Program Claimant), other than that which is made in such Enrolled Program Claimant’s 's Enrollment Form, shall change the application of this Section 14.19.1. Any division of any Settlement Award Payment with respect to, and as between, any Settlement Enrolled Program ClaimantsClaimant, any related Executing Derivative Claimants and/or his/her his or their respective counsel is to be determined by such Persons and any such division, or any dispute in relation to such division, shall in no way affect the validity of this ofthis Agreement or the Release or Dismissal with With Prejudice Stipulation executed by such Enrolled Program Claimant (and any related Executing Derivative Claimants) or his/her his Counsel, as applicable. Nothing in this Section 14.1 9.1 limits or qualifies Article 16 or Article 1712 (including in particular Sections 12.1.3 and 12.1.5).

Individual Counsel Attorneys’ Fees. Neither HOC nor any other Released Party shall have any responsibility whatsoever for the payment of Settlement Program Qualified Claimants’ (and/or related Executing Derivative Claimant’sClaimants’) attorneys’ fees or costs. The Claims Processor shall endeavor to make all Settlement Payments owed in relation to any particular Program Claim pursuant to this Agreement payable in the name of the relevant Settlement Program Qualified Claimant, his/her Counsel (if any) ), and each related Executing Derivative Claimant, subject to a reduction pursuant to common benefit fees and reimbursement of costs as set forth in Section 4.3.3 3.2.3 (for the avoidance of doubt, any such reduction nonetheless shall constitute a Settlement Award Payment). Provision, however, can be made for the Claims Processor to cause a Settlement Award Payment to be issued electronically to the Primary Law Firm of each Settlement Program Qualified Claimant in trust for such Settlement Program Qualified Claimants. However, none of the Released Parties or the Claims Processor shall have any Liability for any failure to do so. No notice of representation or change in representation by any Enrolled Claimant (and/or any Executing Derivative Claimant with respect to such Enrolled Claimant), other than that which is made in such Enrolled Claimant’s Enrollment Form, shall change the application of this Section 14.112.1. Any division of any Settlement Award Payment with respect to, and as between, any Settlement Program Qualified Claimants, any related Executing Derivative Claimants and/or his/her or their respective counsel is to be determined by such Persons and any such division, or any dispute in relation to such division, shall in no way affect the validity of this Agreement or the Release or Dismissal with Prejudice Stipulation executed by such Enrolled Claimant (and any related Executing Derivative Claimants) or his/her Counsel, as applicable. Nothing in this Section 14.1 12.1 limits or qualifies Article 16 14 or Article 1715. For the avoidance of doubt, a dispute regarding attorney’s fees between attorneys will not hold up funding by HOC, the Escrow Agent, or the Qualified Settlement Fund Administrator of an individual Qualified Claimant’s Settlement Program Award.