Lesser Award. In the event that a lesser sum is awarded and approved by the Court for the attorneys’ fees and costs referenced above in Paragraph 9, or for the service award referenced above in Paragraph 10, the Court’s approval of any such lesser sum(s) shall not be grounds for Plaintiff or Plaintiff’s Counsel to terminate the settlement, but such an order shall be appealable by them at Plaintiff’s Counsel’s cost. In the event that such an appeal is filed, administration of the settlement shall be stayed pending resolution of the appeal. If, after the exhaustion of any appellate review, any additional amounts are available for distribution to the Participating Class Members as a result of such appellate review, the additional amounts shall be added to the payments otherwise due to the Participating Class Members. Any amount not awarded in attorneys’ fees and costs and/or service award, which is not challenged via appeal by Plaintiff’s Counsel, may be distributed to the Settlement Class Members in accordance with the terms of the Settlement Agreement.
Lesser Award. In the event that a lesser sum is awarded for the attorneys’ fees and costs referenced above in Paragraph 9, or for the service award referenced above in Paragraph 10, the Court’s approval of any such lesser sum(s) shall not be grounds for Plaintiff or Plaintiff’s Counsel to terminate the settlement, but such an order shall be appealable by them at Plaintiff’s cost. In the event that such an appeal is filed, administration of the settlement shall be stayed pending resolution of the appeal.
Lesser Award. In the event that a lesser sum is awarded for the attorneys’ fees and costs referenced above in Paragraph 11, or for the Service Award referenced above in Paragraph 12, the approval by the Court of any such lesser sum(s) shall not be grounds for Plaintiff’s Counsel to terminate the settlement, but such an order shall be appealable by them at Plaintiff’s cost. In the event that such an appeal is filed, administration of the settlement shall be stayed pending resolution of the appeal. Thereafter, if after the exhaustion of such appellate review, any additional amounts remain which are distributable to the Participating Class Members, the cost of administration of such additional payments will be paid out of such additional amounts, and will not be chargeable to or payable by Defendant.
Lesser Award. In the event that a lesser sum is awarded for the attorneys’ fees and costs referenced above in Paragraph 8, or for the Service Award referenced above in Paragraph 9, the approval by the Court of any such lesser sum(s) shall not be grounds for Plaintiff’s Counsel to terminate the settlement, but such an order shall be appealable by them at Plaintiff’s cost. In the event that such an appeal is filed, administration of the settlement shall be stayed pending resolution of the appeal. Thereafter, if after the exhaustion of such appellate review, any additional amounts remain which are distributable to the Settlement Class members, the cost of administration of such additional payments will be paid out of such additional amounts, and will not be chargeable to or payable by Defendant. Any amount not awarded in attorneys’ fees, costs and expenses, and/or enhancement awards, but which is not challenged via appeal by Plaintiff’s Counsel, shall be added to the Net Settlement Fund and distributed to the Settlement Class members in accordance with the terms of the Settlement Agreement.
