Common use of Payment to Plaintiffs’ Counsel Clause in Contracts

Payment to Plaintiffs’ Counsel. Defendants will not oppose Plaintiffs’ application to the Court for an award of reasonable attorney fees, out of pocket expenses, and Incentive Award(s) (together, the “Fee Award”). The Fee Award requested by Plaintiffs and awarded by the Court shall not exceed Two Million, Two Hundred Fifty Thousand Dollars ($2,250,000.00) (the “Maximum Total Fee”). Any such Fee Award will be at the sole discretion of the Court. Ascension Health will cause the Fee Award to be paid in addition to the consideration described in §§ 7.1.1 through 7.1.4 of this Settlement Agreement. Defendants will pay Plaintiffs’ Counsel the Maximum Total Fee or any lesser amount as ordered by the Court in its discretion within four weeks after the Court’s entry of the Order and Final Judgment, notwithstanding the existence of any timely-filed objections thereto, potential for appeal therefrom, or any collateral attack on the Settlement or any part thereof, subject to the obligation of Plaintiffs’ Counsel to make appropriate refunds or repayments to Ascension Health plus accrued interest (based on the one year Treasury constant maturity rate) within ten calendar days, if and when, as a result of any appeal and/or further proceedings on remand, or successful collateral attack, the fee or expense award is reduced or reversed.