Common use of Payment of Attorneys’ Fees and Costs Clause in Contracts

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, or affect or delay the Effective Date. e. The Attorneys’ Fee, Cost and Service Awards approved by the Court shall be paid within ten (10) business days after the Effective Date and shall be paid to Lead Class Counsel who shall distribute attorneys’ fees and costs to the Class Counsel as Lead Class Counsel deems appropriate. Under no circumstances will Bow be liable to Class Counsel, or any other attorney or law firm, for, because of, relating to, concerning, or as a result of any payment or allocation of attorneys’ fees made in accordance with this Settlement Agreement; and Class Counsel, and each of them, release Bow, and its agents, officers, directors, and employees, from any and all disputes or claims because of, relating to, concerning, or as a result of any payment or allocation of attorneys’ fees and costs made in accordance with this Settlement Agreement. f. Class Counsel shall not be entitled to any compensation from any Released Party for fees or expenses beyond that provided in this Paragraph 41 and its sub-parts, including without limitation, any fees or expenses incurred in their cooperation in the administration of this settlement agreement.

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 any Attorneys’ Fees, Cost, and Service Award Awards 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 fourteen (3014) days prior to the Objection and Opt Out Deadline, Class Counsel will file a Motion for Approval of Attorneys’ Fees, Costs Cost 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 the following: (a) attorneys’ fees and reimbursement of costs in an amount not to exceed Three Million Nine Hundred Sixty Thousand Dollars $1,500,000 and (b) service awards of $3,960,000.00). 2,500 each to Xxxx XxXxxxx and Xxxx Xxxxxxxx, in recognition of their time, costs, and effort in the Lawsuit, including, for example, gathering documents and materials and performing other representative duties. b. The Parties further agree that Bow Generac shall not pay, or be obligated to pay, any amounts in excess of those stated in this Paragraph Section G.1.a. for attorneys’ fees fees, costs and costsservice awards. 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. Class Counsel shall be responsible for distributing the service awards to Plaintiffs. Generac reserves the right to oppose any fee request, whether for attorneys’ fees or service awards, that it considers unreasonable. d. c. Any Attorneys’ Fee, Cost 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 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, or affect or delay the Effective Date. e. d. The Attorneys’ Fee, Cost Cost, and Service Awards approved by the Court shall be (i) paid within ten fourteen (1014) business days after the latter of the Effective Date or Generac’s receipt of W-9 Forms from Plaintiffs and shall be Class Counsel, and (ii) paid by wire transfer to Lead Class Counsel who shall distribute attorneys’ fees and costs to the Class Counsel as Lead Class Counsel deems appropriateXxxxxx Xxxxxxxxx LLC. Under no circumstances will Bow Generac be liable to Class Counsel, or any other attorney or law firm, for, because of, relating to, concerning, or as a result of any payment or allocation of attorneys’ fees made in accordance with this Settlement Agreement; and Class Counsel, and each of them, release Bow, and its agents, officers, directors, and employees, Generac from any and all disputes or claims because of, relating to, concerning, or as a result of any payment or allocation of attorneys’ fees and costs made in accordance with this Settlement Agreement. f. e. Class Counsel shall not be entitled to any compensation from any Released Party for fees or expenses beyond that provided in this Paragraph 41 and its sub-partsSection, including including, without limitation, any fees or expenses incurred in their cooperation in the administration of this settlement agreementSettlement Agreement.

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 any 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 Cost and Service AwardsAwards to be paid from the Gross Settlement Fund, 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 the following: (a) attorneys’ fees and reimbursement of costs not to exceed Three Million Nine Hundred Sixty Thousand Dollars 29.885% of the Gross Settlement Fund; (b) reimbursement of litigation costs plus reasonable costs incurred through the Effective Date (which are currently approximately $3,960,000.001,095,000). ; and (c) service awards of $10,000 for Xxxxxxxx and Xxxx Xxxx, Xxxxx Xxxxxx, Xxxxx Xxxx, Xxxxxxx XxXxxxx, Xxx Xxxxxxx, Xxxxx Xxxxxxx, Xxxxxx and Xxxxx Xxxxxxx, Xxxxx XxXxx, Xxxx Xxxxxx, Xxxx and Xxxxx Xxxxxx, and Xxxxxxx XxXxxxxxxx (which shall also represent a per-household limitation) and a service award of $2,500 for Xxxx Xxxxx, Xxxx Xxxxx, and Xxxxxxxxx and Xxxxxx Xxxxx (which shall also represent a per-household limitation), in recognition of their time, costs and effort in the Litigation in, for example and as applicable, producing documents and information to Class Counsel, sitting for deposition, and permitting a home inspection, among many other representative duties and services performed. b. The Parties further agree that Bow NIBCO shall not pay, or be obligated to pay, any amounts in excess of those stated in this Paragraph 41.a. for attorneys’ fees fees, costs and costsservice awards. Class Counsel and Plaintiffs 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 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 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, or affect or delay the Effective Date. e. d. The Attorneys’ Fee, Cost Cost, and Service Awards approved by the Court shall be paid within ten (10) business days after the Effective Date and shall be paid to Co-Lead Class Counsel who shall distribute attorneys’ fees and costs to the Class Counsel as Co-Lead Class Counsel deems appropriate. Under no circumstances will Bow NIBCO be liable to Class Counsel, or any other attorney or law firm, for, because of, relating to, concerning, or as a result of any payment or allocation of attorneys’ fees made in accordance with this Settlement Agreement; and Class Counsel, and each of them, release Bow, and its agents, officers, directors, and employees, NIBCO from any and all disputes or claims because of, relating to, concerning, or as a result of any payment or allocation of attorneys’ fees and costs made in accordance with this Settlement Agreement. f. e. Class Counsel shall not be entitled to any compensation from any Released Party for fees or expenses beyond that provided in this Paragraph 41 and its sub-partsSection, including including, without limitation, any fees or expenses incurred in their cooperation in the administration of this settlement agreementSettlement Agreement.

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, CostCosts, 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’ FeeFees, Cost Costs 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’ FeeFees, Cost Costs 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’ FeeFees, CostCosts, and Service Award, or any appeal solely from any Attorneys’ FeeFees, CostCosts, and Service Award, or reversal or modification of any such Attorneys’ FeeFees, CostCosts, and Service Award, will not operate to terminate or cancel this Settlement Agreement, or affect or delay the Effective Date. e. The Attorneys’ FeeFees, Cost Costs and Service Awards approved by the Court shall be paid within ten (10) business days after the Effective Date and shall be paid to Lead Class Counsel who shall distribute attorneys’ fees and costs to the Class Counsel as Lead Class Counsel deems appropriate. Under no circumstances will Bow be liable to Class Counsel, or any other attorney or law firm, for, because of, relating to, concerning, or as a result of any payment or allocation of attorneys’ fees made in accordance with this Settlement Agreement; and Class Counsel, and each of them, release Bow, and its agents, officers, directors, and employees, from any and all disputes or claims because of, relating to, concerning, or as a result of any payment or allocation of attorneys’ fees and costs made in accordance with this Settlement Agreement. f. Class Counsel shall not be entitled to any compensation from any Released Party for fees or expenses beyond that provided in this Paragraph 41 and its sub-parts, including without limitation, any fees or expenses incurred in their cooperation in the administration of this settlement agreementSettlement Agreement.

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 XxxNIBCO, 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 Cost and Service Awards, which shall be included on the Settlement Website. The Attorneys’ FeesFee, Costs Cost, and Service Awards, Award 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 Two Million Three Million Nine Hundred Sixty Thirty Thousand Dollars ($3,960,000.002,330,000). The Parties agree that Bow NIBCO 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 NIBCO 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 10,000 for Plaintiffs Xxxxx and Xxxxxxx and Xxxxx Xxxxxxx combined Xxxxxx (which represents a per-household limitation) and up to $10,000 for Plaintiff Xxxxxxx Xxxxxxx in recognition of their time, costs, and effort in the Litigation. The Parties agree that Bow NIBCO 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 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 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, or affect or delay the Effective Date. e. The Attorneys’ Fee, Cost Cost, and Service Awards approved by the Court shall be paid within ten (10) business days after the Effective Date and shall be paid to Co-Lead Class Counsel who shall distribute attorneys’ fees and costs to the Class Counsel as Co-Lead Class Counsel deems appropriate. Under no circumstances will Bow NIBCO be liable to Class Counsel, or any other attorney or law firm, for, because of, relating to, concerning, or as a result of any payment or allocation of attorneys’ fees made in accordance with this Settlement Agreement; and Class Counsel, and each of them, release Bow, and its agents, officers, directors, and employees, NIBCO from any and all disputes or claims because of, relating to, concerning, or as a result of any payment or allocation of attorneys’ fees and costs made in accordance with this Settlement Agreement. f. Class Counsel shall not be entitled to any compensation from any Released Party for fees or expenses beyond that provided in this Paragraph 41 and its sub-parts, including including, without limitation, any fees or expenses incurred in their cooperation in the administration of this settlement agreementSettlement Agreement.

Payment of Attorneys’ Fees and Costs. Only after agreeing 1. Subject to entry of the material terms set forth in this Settlement Agreement Approval Order 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 Judgment of the Court. a. Within , Defendant will not oppose, undermine, or solicit others to oppose or undermine an Attorney Fee/Litigation Cost Award in the time period established by the Courtamount of $510,000.00. Settlement Class Counsel agrees not to seek, 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 Defendant shall not pay, or be obligated to pay, any amounts Settlement Class Counsel’s fees and expenses in excess of those stated this amount. 2. The payment by Defendant of any of Settlement Class Counsel’s fees and expenses is separate from and in addition to the other relief afforded in this Paragraph for attorneys’ Agreement. The Court’s award of any of Settlement Class Counsel’s fees and costsexpenses shall be separate from its determination of whether to approve the Settlement. In the event the Court approves the Settlement, but declines to award Settlement Class Counsel’s fees and expenses in the amount requested by Settlement Class Counsel, the Settlement will nevertheless be binding on the Parties. 3. Settlement Class Counsel shall provide W-9 Forms prior be entitled to such payment. c. Plaintiffs certify payment of the fees and agree that they had no expectation of a service award when agreeing to this Settlementexpenses awarded by the Court, and that excluding the decision of whether or not to award a service award will be left to the discretion contribution by Kissmetrics set forth below, within fourteeen (14) days of the Court. With that understanding, Xxx agrees that it will not oppose a request for a service award ’s entry 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 Judgment and Attorney Fee/Litigation Cost Award, notwithstanding any appeal, subject to adequate security for the Final Judgment so that any appeal repayment of the Attorneys’ Fee, Cost fees and Service Award shall not constitute an appeal of expenses by Settlement Class Counsel should the Final Approval Order and Judgment be reversed or materially modified or the Final JudgmentAttorney Fee/Litigation Cost Award reversed or reduced on appeal. 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, or affect or delay the Effective Date. e. The Attorneys’ Fee, Cost and Service Awards approved by the Court Such payment shall be paid made by wire to an account of KamberLaw, LLP that shall be designated within ten (10) business 5 days after of the Effective Date and shall be paid to Lead Class Counsel who shall distribute attorneys’ fees and costs to the Class Counsel as Lead Class Counsel deems appropriate. Under no circumstances will Bow be liable to Class Counsel, or any other attorney or law firm, for, because of, relating to, concerning, or as a result of any payment or allocation of attorneys’ fees made in accordance with this Settlement Agreement; and Class Counsel, and each of them, release Bow, and its agents, officers, directors, and employees, from any and all disputes or claims because of, relating to, concerning, or as a result of any payment or allocation of attorneys’ fees and costs made in accordance with this Settlement Agreement. f. Class Counsel shall not be entitled to any compensation from any Released Party for fees or expenses beyond that provided in this Paragraph 41 and its sub-parts, including without limitation, any fees or expenses incurred in their cooperation in the administration of this settlement agreement.Within fourteen

Payment of Attorneys’ Fees and Costs. Only after agreeing 2.9.1. Class Counsel shall move for Court approval of no more than twenty-eight (28) percent of the Settlement Amount as attorneys’ fees in this matter. Class Counsel shall also move for Court approval of their costs in addition to the material terms set forth attorneys’ fees in this Settlement Agreement matter. The attorneys’ fees and the structure of relief for the Settlement Class, the Parties negotiated the maximum amount of Attorneys’ Fees, Cost, and Service Award that costs awarded to Class Counsel and Plaintiffs would seek, to shall be paid separately by Xxx, and subject to at the approval sole discretion of the Court. a. Within the time period established by the Court, and no later this Settlement is not contingent upon the Court’s approval of such attorneys’ fees and/or costs. Defendants shall not oppose Class Counsel’s motion for the recovery of attorneys’ fees and/or costs, including on any appeal by Class Representative, subject to the limitations herein, including the fact that Class Counsel will not seek more than twenty-eight percent of the Settlement Amount as attorneys’ fees and costs and any appeal regarding attorneys’ fees and costs shall not in any way delay or preclude the District Court Order from becoming a Final Order. 2.9.2. Not more than thirty (30) days prior after the Effective Date, and only if the Effective Date occurs, and subject to Court approval, the Objection and Opt Out Deadline, Claims Administrator will pay Class Counsel will file a Motion for Approval $108,000.00 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 Court-approved attorneys’ fees from the QSF, subject to Class Counsel providing the Claims Administrator with the pertinent taxpayer identification number(s) in a IRS Form W-9 on or before the Effective Date. Not more than thirty (30) days after the Effective Date, and reimbursement only if the Effective Date occurs, and subject to Court approval, the Claims Administrator will also pay Class Counsel the Court-approved costs from the QSF. Thereafter GAS will make a direct payment to The Employment Law Group, PC of costs not $100,000.00 on January 1, 2018, and GAS will make another direct payment to exceed Three Million Nine Hundred Sixty Thousand Dollars (The Employment Law Group, PC of $3,960,000.00)100,000.00 on January 1, 2019. The GAS will provide a suitable confession of judgment or such other form of security as the Parties may agree upon to guarantee these future payments, and LTNA shall have no responsibility for these payments. Payments made pursuant to this Section shall constitute full satisfaction of any claim for fees or costs, and the Class Representative and Class Counsel, on behalf of themselves and all Settlement Class Members, agree that Bow they shall not pay, or neither seek nor be obligated entitled to pay, any amounts in excess of those stated in this Paragraph for additional attorneys’ fees and costsor costs under any theory. 2.9.3. If the Court approves less than twenty-eight (28) percent of the Settlement Amount as attorneys’ fees in this matter, the difference between the amount sought by 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, or affect or delay the Effective Date. e. The Attorneys’ Fee, Cost and Service Awards amount approved by the Court shall be paid within ten (10) business days after allocated as follows: 2.9.3.1. If the Effective Date difference is less than $108,000.00, the Claims Administrator shall allocate the difference to the Net Settlement Amount and shall be paid to Lead pay Class Counsel who shall distribute attorneys’ fees and costs from the QSF in the amount equal to $108,000.00 less the difference. GAS will remain obligated to make the direct payments to the Employment Law Group, PC on the dates set forth in Section 2.9.2. 2.9.3.2. If the difference is equal to $108,000.00, the Claims Administrator shall allocate the difference to the Net Settlement Amount and no amount will be paid to Class Counsel as Lead Class Counsel deems appropriate. Under no circumstances will Bow be liable to Class Counsel, or any other attorney or law firm, for, because of, relating to, concerning, or as a result of any payment or allocation of attorneys’ fees made in accordance with this Settlement Agreement; and Class Counsel, and each of them, release Bow, and its agents, officers, directors, and employees, from any and all disputes or claims because of, relating to, concerning, or as a result of any payment or allocation of for attorneys’ fees and costs made from the QSF. GAS will remain obligated to make the direct payments to the Employment Law Group, PC on the dates set forth in accordance with this Settlement AgreementSection 2.9.2. f. 2.9.3.3. If the difference is greater than $108,000.00, the Claims Administrator shall allocate $108,000.00 to the Net Settlement Amount and no amount will be paid to Class Counsel shall not be entitled for attorneys’ fees and costs from the QSF. GAS will remain obligated to any compensation make a direct payment to The Employment Law Group, PC of $100,000.00 on January 1, 2018, as set forth in Section 2.9.2. With respect to the payment of $100,000.00 on January 1, 2019, The Employment Law Group, PC, will retain the remaining unpaid amount of Court-approved attorneys’ fees and costs and will make three equal payments to the Residuary Charities from any Released Party for fees or expenses beyond that provided in this Paragraph 41 and its sub-parts, including without limitation, any fees or expenses incurred in their cooperation in the administration of this settlement agreementremainder.

Payment of Attorneys’ Fees and Costs. Only after agreeing to the material terms set forth in this Settlement Agreement and the structure (a) Within 45 days 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 DeadlinePreliminary Approval, 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 frommove for, and in addition toAssurance shall not oppose, 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 pay33.33% of the Class Payment, or plus reimbursement of expenses and costs incurred, to be obligated to pay, any amounts in excess of those stated in this Paragraph for attorneys’ fees and costs. paid from the Class Counsel shall provide W-9 Forms prior to such paymentPayment. 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 limitationb) 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 Within seven days after entry of the Final Approval Order or the Final and 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, or affect or delay the Effective Date. e. The Attorneys’ Fee, Cost and Service Awards approved by the Court shall be paid within ten (10) business days after the Effective Date and shall be paid to Lead Class Counsel who shall distribute attorneys’ fees and costs to the Class Counsel as Lead Class Counsel deems appropriate. Under no circumstances will Bow be liable to Class Counsel, or any other attorney or law firm, for, because of, relating to, concerning, or as a result of any payment or allocation of attorneys’ fees made in accordance with this Settlement Agreement; and Class Counsel, and each of them, release Bow, and its agents, officers, directors, and employees, from any and all disputes or claims because of, relating to, concerning, or as a result of any payment or allocation award of attorneys’ fees and costs made in accordance with shall be paid to Class Counsel from the Escrow Account according to wiring instructions that Class Counsel will provide. Any payment of attorneys’ fees and costs pursuant to this Paragraph shall be subject to Class Counsel’s joint and several obligation to make refunds or repayments to the Escrow Account of any paid amounts, plus accrued earnings at the same net rate as is earned by the Escrow Account, if: (a) as a result of any appeal or further proceedings on remand or successful collateral attack, the fee or cost is reduced, vacated, or reversed by a final, non-appealable court order; (b) this Settlement Agreement. f. is terminated or cancelled for any reason; or (c) the Settlement is not approved or is reversed or modified by any court, except as to Plaintiffs’ or Class Counsel’s requests for attorneys’ fees and cost reimbursement, as set forth in Section IV(e). If any one or more of the events described in this Paragraph occur, Class Counsel shall not make the appropriate refund or repayment in full no later than 15 calendar days after receiving notice of the event(s). (c) With the sole exception of Assurance causing the payment of the Consideratio n into the Escrow Account as provided for in Section III(a), Assurance shall have no responsibilit y for, shall take no position with respect to, and have no liability whatsoever with respect to, any payment whatsoever to Class Counsel. The sole source of any payment of attorneys’ fees shall be entitled to the Settlement Fund. (d) Class Counsel, in their sole discretion, shall allocate and distribute any compensation from any Released Party for attorneys’ fees or litigation expenses beyond that provided awarded in the Action in good faith among Class Counsel and Additional Plaintiffs’ Counsel in this Paragraph 41 Action. Assurance shall have no responsibility for, and its sub-parts, including without limitationno liability whatsoever with respect to, any allocation of attorneys’ fees or litigation expenses incurred in their cooperation awarded in the administration Action. (e) This Settlement Agreement is not dependent or conditioned upon the Court’s approving Plaintiffs’ or Class Counsel’s requests for attorneys’ fees and cost reimbursement, or upon awarding the particular amounts sought. In the event the Court declines Plaintiffs’ or Class Counsel’s requests or awards less than the amounts sought, this Settlement Agreement shall continue to be effective and enforceable by the Parties. No appeal or proceeding seeking subsequent judicial review pertaining solely to the Court’s award of this settlement agreementattorneys’ fees and cost reimbursement shall in any way delay or affect the time set forth above for the Judgment to become final, or otherwise preclude the Judgment from becoming final.