Payment of Attorneys’ Fees and Costs. Only after agreeing to the material terms set forth in this Settlement Agreement and the structure of relief for the Settlement Class, the Parties negotiated the maximum amount of Attorneys’ Fees, Cost, and Service Award that Class Counsel and Plaintiffs would seek, to be paid separately by Xxx, and subject to the approval of the Court.
a. Within the time period established by the Court, and no later than thirty (30) days prior to the Objection and Opt Out Deadline, Class Counsel will file a Motion for Approval of Attorneys’ Fees, Costs and Service Awards, which shall be included on the Settlement Website. The Attorneys’ Fees, Costs and Service Awards, shall be paid separately from, and in addition to, the Class Settlement Fund.
b. Class Counsel in the Litigation shall apply for an award of attorneys’ fees and reimbursement of costs not to exceed Three Million Nine Hundred Sixty Thousand Dollars ($3,960,000.00). The Parties agree that Bow shall not pay, or be obligated to pay, any amounts in excess of those stated in this Paragraph for attorneys’ fees and costs. Class Counsel shall provide W-9 Forms prior to such payment.
c. Plaintiffs certify and agree that they had no expectation of a service award when agreeing to this Settlement, and that the decision of whether or not to award a service award will be left to the discretion of the Court. With that understanding, Xxx agrees that it will not oppose a request for a service award of up to $10,000.00 for Plaintiff Xxxxxxx Xxxxxxxx and up to $5,000.00 for Plaintiffs Xxxxxxx and Xxxxx Xxxxxxx combined (which represents a per-household limitation) in recognition of their time, costs, and effort in the Litigation. The Parties agree that Bow shall not pay, or be obligated to pay, any amounts in excess of those stated in this Paragraph for service awards. Plaintiffs shall provide W-9 Forms prior to such payment.
d. Any Attorneys’ Fee, Cost and Service Award shall be set forth in an order separate from the Final Approval Order and the Final Judgment so that any appeal of the Attorneys’ Fee, Cost and Service Award shall not constitute an appeal of the Final Approval Order or the Final Judgment. Any order or proceedings relating solely to the application for an Attorneys’ Fee, Cost, and Service Award, or any appeal solely from any Attorneys’ Fee, Cost, and Service Award, or reversal or modification of any such Attorneys’ Fee, Cost, and Service Award, will not operate to terminate or cancel this Settlement Agreement,...
Payment of Attorneys’ Fees and Costs. Class Counsel will file a petition with the Court no later than seven days prior to the Fairness Hearing asking for payment of attorneys’ fees in the amount of 33 1/3 % of the Settlement Amount, and the reimbursement of reasonable expenses, to be paid from the Settlement Fund, which petition will be available on the settlement website. The Court may consider whether to approve the payment of attorneys’ fees and expenses in this amount during the Fairness Hearing or at a later time determined by the Court, and the Builder’s Defendants will not oppose the request for approval. These fees and expenses, however, will not be paid until time for appeal and/or appeal of this Settlement has been exhausted. YOUR LEGAL RIGHTS AND OPTIONS IF YOU ARE A CLASS MEMBER: (YOU MUST CHOOSE BETWEEN ONE OF THESE OPTIONS) Deadline EXCLUDE YOURSELF You may exclude yourself from the Settlement, in which case you will not be eligible to receive any payments from the Settlement that are approved by the Court, or to comment on the Settlement. A request for exclusion must: (i) state that you intend to “opt-out” or request “exclusion” from the Settlement Class against the Builder’s Defendants; (ii) contain the full name and current address of the person or entity requesting exclusion; (iii) contain the title and a statement of authority of any person requesting exclusion from the Settlement Class on behalf of an entity other than an individual; (iv) contain the title of the Lawsuit: “In re Ready Mixed Concrete Antitrust Litigation;” (v) be signed by you; and (vi) be sent by U.S. mail, first class and postage prepaid, with a postmark on or before , to Class Counsel at the address below. M/D/Y DO NOTHING If you choose to do nothing you will remain eligible to receive any payments from the Settlement that are approved by the Court. This will result in a release of any right you may have to pursue the same legal claims brought, or which could have been brought, in this case against the Builder’s Defendants, but will not result in a release of any right you may have to pursue the same legal claims against the other Defendants. N/A OBJECT You may write to the Court if you do not think the Settlement is fair. If you exclude yourself from the Settlement you may not object. To be considered, any objection must: (i) contain the full name and current address of the person objecting; (ii) contain the title and a statement of authority of any person objecting on behalf of an entity other than an i...
Payment of Attorneys’ Fees and Costs. If upon an Event of Default: (i) this Mortgage or any Loan Document is placed in the hands of an attorney for collection or enforcement or is collected or enforced through any legal proceeding; (ii) an attorney is retained to represent Mortgagee in any bankruptcy, reorganization, receivership, or other proceeding affecting creditor's rights and involving a claim under this Mortgage or any of the Loan Documents; (iii) an attorney is retained to protect or enforce the lien of the Mortgage or any of the Loan Documents; or (iv) an attorney is retained to represent Mortgagee in any other proceeding whatsoever in connection with this Mortgage, any of the Loan Documents or any property subject thereto, then Mortgagor shall pay to Mortgagee all reasonable attorneys' fees, costs, expenses and disbursements incurred in connection therewith, in addition to all other amounts due hereunder.
Payment of Attorneys’ Fees and Costs. The DOC agrees to pay Plaintiffs’ attorneys $195,000 in Attorneys’ Fees and Costs within sixty (60) days of the Effective Date of this Agreement. Plaintiffs’ counsel agree to monitor the enforcement of this Agreement without payment of counsel fees; provided, however, that if the Plaintiffs prevail on a motion to enforce the Agreement pursuant to para. 9, supra, Plaintiffs’ counsel may seek attorneys’ fees and costs for reasonable time spent on the enforcement of this Agreement.
Payment of Attorneys’ Fees and Costs. The guidelines of this court for allowance and payment of attorneys’ fees and related expenses incurred for performing the services in Chapter 13 cases which are to be included in the Base Fee without a detailed fee application provide for the following maximum Base Fee: $6,000 (excluding the petition filing fee and with a maximum of $5,000 to be paid prior to Plan confirmation) in cases where Debtor is engaged in a business; or $5,000 (excluding the petition filing fee) in all other cases. In this case, the parties agree that the Base Fee (excluding the petition filing fee) will be $ . Other than the initial retainer, Attorney may not receive fees directly from Debtor before Plan confirmation. All other fees due through confirmation must be paid through the Plan unless otherwise ordered by the court. If Attorney performs tasks on behalf of Debtor for which Additional Fees may be awarded, Attorney may apply to the court for such Additional Fees and costs, but such applications will be reviewed by both the Chapter
Payment of Attorneys’ Fees and Costs. In the event that either of the Parties elects to withdraw from this Settlement Agreement in accordance with this Article, then each Party shall pay their own attorneys’ fees and costs, and Defendant shall have no obligation whatsoever to fund the payment of the Negotiated Fee Award.
Payment of Attorneys’ Fees and Costs. The guidelines in this district for payment of costs incurred in performing the services described in bold face type in this agreement (“Included Costs”) and attorneys’ fees in chapter 13 cases without a detailed fee application provide for the following maximum Included Costs and fees for the services described in this agreement in bold face type (that is, the services described on pages 3 through 5 of this agreement): $6,000 (excluding the petition filing fee and with a maximum of $5,000 to be paid prior to confirmation) in cases where the Debtor is engaged in a business; or $5,000 (excluding the petition filing fee) in all other cases. In this case, the parties agree that the Included Costs (excluding the petition filing fee) and fee for the services described in bold face type in this agreement will be $ . Other than the initial retainer, the attorney may not receive fees directly from the Debtor prior to confirmation. All other fees due through confirmation shall be paid through the plan unless otherwise ordered by the court. If the attorney performs tasks on behalf of the Debtor not set forth in bold face, the attorney may apply to the court for additional fees and costs, but such applications will be reviewed by both the chapter 13 trustee and the court. The attorney agrees to charge for such additional services at the rate of $ per hour. The attorney agrees to give the Debtor written notice of any change in the hourly rate prior to rendering additional services. Alternatively, the attorney may charge a reasonable flat fee for some specified service(s). In either event, the attorney shall disclose to the court in the fee application any fees paid or costs reimbursed by the Debtor and the source of those payments. The attorney may receive fees for such additional services directly from the Debtor. Any fees received directly from the Debtor will be deposited in the attorney’s trust account until a fee application is approved by the court. If the Debtor disputes the legal services provided or the fees or costs charged by the attorney, the Debtor may file an objection with the court and request a hearing. Should the representation of the Debtor create a hardship, the attorney may seek a court order allowing the attorney to withdraw from the case. The Debtor may discharge the attorney at any time.
Payment of Attorneys’ Fees and Costs. (a) Forty-five (45) days following the Effective Date of this Agreement, CHA shall pay to Class Counsel all attorneys’ fees and litigation costs, including class administration costs, approved by the Court, which together may not exceed $75,000.
(b) Class Counsel shall ask the Court to award them $75,000 as attorneys’ fees and litigation costs, including class administration costs. CHA will not oppose this request. If the Court approves an award of attorneys’ fees and litigation costs in an amount less than $75,000, then the CHA shall retain, and shall not pay, the difference between $75,000 and the amount awarded to Class Counsel.
(c) The payment of the attorneys’ fees and costs awarded to Class Counsel shall constitute full satisfaction of the obligation to pay any amounts to any person, attorney, or law firm for attorneys’ fees, expenses, or costs in connection with this Action, this Settlement or any appeal, incurred by any attorney on behalf of the Class Members with respect to the claims against the CHA, including class administration costs. This payment shall relieve CHA of any other claims or liability to any other attorney or law firm for any attorneys’ fees, expenses or costs to which any of them may claim to be entitled on behalf of the Class Members and which arise out of the allegations in the Action.
(d) Class Counsel are entitled to file for additional attorneys’ fees associated with work performed in connection with any motion to enforce this Agreement.
Payment of Attorneys’ Fees and Costs. 2.10.1. The Individual Settlement Agreements compensate Class Counsel for all attorneys’ fees reasonably incurred in prosecuting Plaintiffs’ Individual Retaliation Claims, as well as the wage and hour claims asserted on behalf of the Plaintiff Class. Class Counsel will be paid $90,000, for prosecuting the Litigation.
2.10.2. The payments made pursuant to the Individual Settlement Agreements shall constitute full satisfaction of any claim for attorneys’ fees or costs related to the Litigation or this Settlement Agreement. The Plaintiffs and Class Counsel, on behalf of themselves and all Settlement Class Members, agree that they shall neither seek nor be entitled to any additional attorneys’ fees or costs under any theory. Defendant does not oppose the amount of attorneys’ fees.
2.10.3. Any dispute regarding attorneys’ fees and costs shall in no way delay the Final Judgment or any other payments under this Settlement Agreement, with the exception of the distribution of attorneys’ fees and costs. To the extent that this Settlement Agreement and/or any other associated documents, proposed orders, or exhibits purportedly conflict with this paragraph, this paragraph shall govern.
2.10.4. Other than any reporting as required by this Settlement Agreement or by law (which Defendant shall make), Class Counsel and the Plaintiffs shall alone be responsible for the reporting and payment of any federal, state, and/or local income or other form of tax on any payment of attorneys’ fees. Class Counsel agrees to indemnify and hold the Defendant Releasees harmless for any taxes due or owing by it related to attorneys’ fees and costs paid by Defendant pursuant to this Settlement Agreement and for any required reporting under federal, state, and/or local law.
Payment of Attorneys’ Fees and Costs. A. Subject to the Court’s approval, BP agrees to pay Class Counsel’s Court-approved fees and expenses up to a maximum of $11.6 million. This includes $600,000 in costs to be paid from the Common Fund Trust Account, $9 million in attorneys’ fees to be paid from the Common Fund Trust Account, and a separate $2 million payment paid by BP through the Claims Made Trust Account (but shall not count towards the $20 million cap).
B. In the event the Court approves the Settlement, but declines to award Class Counsel’s fees and expenses in the amount requested by Class Counsel, the Settlement will nevertheless be binding on the Parties. The Parties negotiated and reached agreement on the Class Counsel’s fees and expenses only after reaching agreement on all other material terms of the Agreement.
C. Class Counsel shall be entitled to payment of fees and expenses awarded by the Court, up to a maximum of $11.6 million, from BP within 15 business days after the Effective Date, to be credited against the Common Fund Trust Account in the amount of $9.6 million and against the Claims Made Trust Account in the amount of $2 million, as described in Section XI.A.
