Plaintiffs’ Counsel’s Attorneys’ Fees, Costs, and Expenses. 7.1 The Settling Parties did not discuss attorneys’ fees, costs, and expenses, as provided for in ¶ 7.2, until after the substantive terms of the settlement had been agreed upon, other than that TJX would pay reasonable attorneys’ fees and expenses as may be agreed to by TJX and Settlement Class Co-Lead Counsel, and/or as ordered by the Court, or in the event of no agreement, then as ordered by the Court. TJX and Settlement Class Co-Lead Counsel then negotiated and agreed as follows:
7.2 TJX has agreed to pay, subject to Court approval, up to the amount of $6,500,000.00 to Settlement Class Co-Lead Counsel for attorneys’ fees, and up to $150,000.00 to Settlement Class Co-Lead Counsel for reasonable costs and expenses, subject to reasonable documentation. Settlement Class Co-Lead Counsel, in their sole discretion, to be exercised reasonably, shall allocate and distribute the amount of attorneys’ fees, costs, and expenses awarded by the Court among Plaintiffs’ Counsel. If any Plaintiff’s Counsel disagrees with the allocation of fees and/or costs he or she has been awarded, they may after 14 days of the receipt of said award file a motion with the Court seeking an adjustment in said award. Settlement Class Co-Lead Counsel shall have 14 days to file a response to any such motion.
7.3 Within 10 days of the Effective Date, TJX shall pay the attorneys’ fees, costs, and expenses, as set forth above in ¶ 7.2, to an account established by Settlement Class Co-Lead
Plaintiffs’ Counsel’s Attorneys’ Fees, Costs, and Expenses. 7.1 The Settling Parties did not discuss the payment of attorneys’ fees, costs, and/or expenses, as provided for in ¶¶ 7.2, until after the substantive terms of the settlement had been agreed upon. Xxxxxx and Class Counsel have agreed to the following:
7.2 Plaintiffs will move the Court for an order awarding reasonable attorneys’ fees, expenses, and service awards up to a total of $300,000. Xxxxxx does not oppose Plaintiffs’ request for reasonable attorneys’ fees and litigation expenses up to a total of $300,000. Xxxxxx takes no position on Plaintiffs’ request for, and right to seek, service fees, so long as any award of service fees is to be paid out of any award of up to $300,000 for Plaintiffs’ reasonable attorneys’ fees and litigation expenses.
7.3 Within 30 days of the Effective Date, Xxxxxx shall pay or cause to be paid the Court-approved amount of attorneys’ fees, litigation expenses, and service awards to the Settlement Administrator.
7.4 The Settlement Administrator will handle distribution to Class Counsel and shall pay any Court awarded attorneys’ fees, costs, and expenses to the IOLTA account maintained by Xxxxxxxx & Xxxxxxxx.
