Payment of Costs, Attorneys’ Fees, and Class Representative Service Sample Clauses

Payment of Costs, Attorneys’ Fees, and Class Representative Service. 2.8.1. Class Counsel shall be entitled, subject to Court approval and the occurrence of the Effective Date, to an award of reasonable attorneys’ fees and litigation costs and associated expenses, not to exceed the amounts specified herein. Subject to Court approval, Class Counsel may seek a gross amount up to, but not to exceed, $3,750,000 for all attorneys’ fees, and a gross amount not to exceed $100,000 for all actual litigation costs and associated expenses. The Class Representatives and Class Counsel agree that they shall be responsible for justifying their requested fee, cost, and expense awards to the Court, and they agree to submit the necessary materials to justify the requested fee, cost and service payments along with an application/motion for approval of fees and costs prior to the Final Fairness Hearing. Garda agrees not to oppose any submission regarding, or request for approval of, an award of attorneys’ fees, costs, and expenses, provided that it is consistent with this Paragraph 2.8.1 of this Agreement and, in particular, provided that Garda not be required to pay any more than $3,850,000 in total to Class Counsel for all attorneys’ fees, costs, and expenses combined. In the event that the Court (or appellate court) awards less than the requested amounts for attorneys’ fees, costs and expenses, only the awarded amounts shall be paid and shall constitute full satisfaction of any claims for attorneys’ fees, costs and expenses in the Litigation, and any remaining or unawarded portion of the maximum gross amount for attorneys’ fees, costs, or expenses shall be allocated to the Participating Claimants on a pro rata basis and included in the distributions to Participating Claimants pursuant to this Agreement. If the Effective Date occurs, no more than fifteen (15) days after the Effective Date, Garda shall make payment of any attorneys’ fees, costs, and expenses awarded by the Court pursuant to this Paragraph 2.8.1 to Class Counsel through the Claims Administrator, and prior to Garda making this payment, Class Counsel shall provide counsel for Garda and the Claims Administrator with the pertinent taxpayer identification numbers for the payees and Form(s) W-9. Other than any reporting of this fee payment as required by this Agreement or law, which Garda shall make, Class Counsel and the Class Representatives 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 made p...
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Related to Payment of Costs, Attorneys’ Fees, and Class Representative Service

  • Payment of Costs and Expenses Except as otherwise specified in the applicable Terms Agreement, the Bank will pay all costs and expenses incident to the performance of its obligations and the obligations of the Issuing Entity under this Agreement and the applicable Terms Agreement, including, without limiting the generality of the foregoing, (i) all costs and expenses incident to the preparation, issuance, execution, authentication and delivery of the Notes, (ii) all costs and expenses incident to the preparation, printing and filing under the Act or the Exchange Act of the Registration Statement, the Prospectus and any preliminary prospectus and any Issuer Free Writing Prospectus (including in each case all exhibits, amendments and supplements thereto), (iii) all costs and expenses incurred in connection with the registration or qualification and determination of eligibility for investment of the Notes under the laws of such jurisdictions as the Underwriters may designate (including fees of counsel for the Underwriters and their disbursements), (iv) all costs and expenses related to any filing with the National Association of Securities Dealers, Inc., (v) all costs and expenses in connection with the printing (including word processing and duplication costs) and delivery of this Agreement, the applicable Terms Agreement, the FUSA Pooling and Servicing Agreement, the Chase Pooling and Servicing Agreement, the Indenture and any Blue Sky Memorandum and the furnishing to Underwriters and dealers of copies of the Registration Statement and the Prospectus as herein provided, (vi) the reasonable fees and disbursements of the Bank’s counsel and accountants, (vii) the reasonable fees and disbursements of the accountants and (viii) all costs and expenses payable to each Note Rating Agency in connection with the rating of the Notes, except that the Underwriters agree to reimburse the Bank for an amount, if any, specified in the applicable Terms Agreement on the Closing Date for application toward such expenses. It is understood that, except as specifically provided in Sections 7, 9, 10 and 13 of this Agreement, the Underwriters will pay all of their own fees, costs and expenses (including the fees and disbursements of its counsel), transfer taxes and any advertising expenses in connection with sales or offers from the Underwriters to third parties.

  • Payment of Costs Each party to a hearing before an arbitrator shall bear his/her own expenses in connection therewith. All fees and expenses of the arbitrator and of a reporter shall be borne one-half by the County and one-half by the grievant.

  • Reimbursement of Attorneys’ Fees and Costs The Parties acknowledge that Xxxxxxx and his counsel offered to resolve this dispute without reaching terms on the amount of fees and costs to be reimbursed to them, thereby leaving the issue to be resolved after the material terms of the agreement had been settled.

  • Application of this Revenue Sharing Agreement to Notes The terms of this Revenue Sharing Agreement shall apply to each Note as if the terms of this Revenue Sharing Agreement were fully set forth in each Note.

  • Mitigation of costs and damage The Affected Party shall make all reasonable efforts to mitigate or limit the costs and damage arising out of or as a result of breach of Agreement by the other Party.

  • REIMBURSEMENT OF FEES AND COSTS The Parties acknowledge that Xxxxxxxx and his counsel offered to reach preliminary agreement on the material terms of this dispute before reaching terms on the amount of fees and costs to be reimbursed to them. The Parties thereafter reached an accord on the compensation due to Xxxxxxxx and his counsel under general contract principles and the private attorney general doctrine and principles codified at California Code of Civil Procedure § 1021.5, for all work performed through the mutual execution of this agreement. Under these legal principles, X. Xxxxx shall reimburse Xxxxxxxx’x counsel for fees and costs incurred as a result of investigating and bringing this matter to X. Xxxxx’x attention, and negotiating a settlement in the public interest. Within ten (10) days of the Effective Date, X. Xxxxx shall issue a check payable to “Xxxxxxx Xxxxx” in the amount of $16,500.00 for delivery to the address identified in Section 3.2(a)(i), above.

  • Reimbursement of Costs City may reimburse Consultant’s out-of-pocket costs incurred by Consultant in the performance of the Required Services if negotiated in advance and included in Exhibit A. Unless specifically provided in Exhibit A, Consultant shall be responsible for any and all out-of-pocket costs incurred by Consultant in the performance of the Required Services.

  • CONTRACT LIMIT, FEES AND EXPENSES changing the not-to-exceed amount of the Contract from ONE MILLION SEVEN HUNDRED NINTY THOUSAND DOLLARS AND ZERO CENTS ($1,790,000.00) to TWO MILLION ONE HUNDRED THOUSAND DOLLARS AND ZERO CENTS ($2,100,000.00), as approved by the Executive Director on October 22, 2021.

  • Payment of Extraordinary Education Related Expenses Section 5.1. PAYMENT OF EXTRAORDINARY EDUCATION-RELATED EXPENSES. In addition to the amounts determined pursuant to Articles IV and VI of this Agreement, Applicant on an annual basis shall also indemnify and reimburse District for all non-reimbursed costs, certified by the District’s external auditor to have been incurred by the District for extraordinary education-related expenses directly and solely related to the project that are not directly funded in state aid formulas, including expenses for the purchase of portable classrooms and the hiring of additional personnel to accommodate a temporary increase in student enrollment caused directly by such project. Applicant shall have the right to contest the findings of the District’s external auditor pursuant to Section 4.9 above.

  • ATTORNEYS’ FEES AND LITIGATION EXPENSES 16. Lead Counsel will apply to the Court for a collective award of attorneys’ fees to Plaintiffs’ Counsel to be paid solely from (and out of) the Settlement Fund. Lead Counsel also will apply to the Court for payment or reimbursement of Litigation Expenses, which may include a request for reimbursement of Lead Plaintiff’s costs and expenses directly related to its representation of the Settlement Class, to be paid solely from (and out of) the Settlement Fund. Lead Counsel’s application for an award of attorneys’ fees and/or Litigation Expenses is not the subject of any agreement between Defendants and Lead Plaintiff other than what is set forth in this Stipulation.

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