Plaintiffs’ Application for Attorney Fees and Incentive Awards. 1. The Parties agree that Class Counsel may, pursuant to Fed. R. Civ. P. 23(h)
Plaintiffs’ Application for Attorney Fees and Incentive Awards. 1. The Parties will attempt to reach agreement on reasonable Class Counsel Fees and Expenses for which Class Counsel may apply to the Court. If the Parties are unable to reach agreement, Class Counsel will make an application for reasonable Class Counsel Fees and Expenses to the Court, to which Defendant may respond as it deems appropriate. Prior to doing so, the Parties shall meet and confer in a good-faith effort to agree upon an appropriate schedule and any discovery that may need to be conducted on the relevant issues. If the Parties cannot agree, either Party may apply to the Court with regard to such scheduling and/or discovery issues. The Court’s award of reasonable Class Counsel Fees and Expenses, if any, shall be subject to rights of appeal by any of the Parties.
Plaintiffs’ Application for Attorney Fees and Incentive Awards. 1. After the Parties reached an agreement on the material terms of this Settlement, the Parties commenced efforts to negotiate the issue of Class Counsel Fees and Expenses and Class Representative service awards. As a result of adversarial arm’s length negotiations, the Parties hereby agree that Class Counsel may apply to the Court (“Fee and Expense Application”) for a combined award of reasonable attorneys’ fees, costs and expenses (hereinafter, collectively, “Class Counsel Fees and Expenses”) in an amount up to, but not exceeding, the total combined sum of One Million Seven Hundred Thousand Dollars and No Cents ($1,700,000.00). Class Counsel may apply for such an award on or before twenty-one (21) days prior to the deadline in the Preliminary Approval Order for objections and/or requests for exclusion, or as otherwise directed by the Court. Defendant will not oppose a request for Class Counsel Fees and Expenses that does not exceed said total combined amount up to One Million Seven Hundred Thousand Dollars and No Cents ($1,700,000.00), and Class Counsel shall not seek or be awarded, nor shall Class Counsel accept, any amount of Class Counsel Fees and Expenses exceeding said total combined amount. The award of reasonable Class Counsel Fees and Expenses, to the extent consistent with this Agreement, shall be paid by Defendant as set forth below, and shall not reduce or in any way affect any benefits available to the Settlement Class pursuant to this Agreement.
