Common use of Plaintiffs’ Counsel’s Attorneys’ Fees Clause in Contracts

Plaintiffs’ Counsel’s Attorneys’ Fees. Costs, and Expenses; Service Award to Representative Plaintiffs 7.1 The Settling Parties did not discuss the payment of attorneys’ fees, costs, expenses and/or service award to Representative Plaintiffs, as provided for in ¶¶ 7.2 and 7.3, until after the substantive terms of the settlement had been agreed upon, other than that Hy-Vee would pay reasonable attorneys’ fees, costs, expenses, and service awards to Representative Plaintiffs as may be agreed to by Hy-Vee and Proposed Class Counsel and/or as ordered by the Court, or in the event of no agreement, then as ordered by the Court. Hy-Vee and Proposed Class Counsel have agreed to the following: 7.2 Proposed Class Counsel has agreed to request and Hy-Vee has agreed to pay, subject to Court approval, the amount of $727,000 to Proposed Class Counsel for attorneys’ fees and an amount not to exceed $12,000 for verified costs and expenses of all cases against Hy-Vee that Plaintiffs’ Counsel have pursued over the Security Incident. Plaintiffs’ Lead Counsel, in their sole discretion, shall allocate and distribute the amount of attorneys’ fees, costs, and expenses awarded by the Court among all Plaintiffs’ Counsel from any attorneys’ fee amount awarded by the Court. 7.3 Hy-Vee will not object to a paying a service award in an amount requested by Proposed Class Counsel and approved by the Court of up to $2,000 to each of the seven Representative Plaintiffs. 7.4 Hy-Vee shall pay the Court-approved amount of attorneys’ fees, costs, expenses, and service awards to Representative Plaintiffs to an account established by Plaintiffs’ Lead Counsel within thirty (30) days after the entry of an order of Final Approval, regardless of any appeal that may be filed or taken by any Class Member or third party. Class Counsel will repay to Hy-Vee the amount of the award of attorneys’ fees and costs in the event that the final approval order and final judgm ent are not upheld on appeal, and if only a portion of fees or costs (or both) is upheld, Class Counsel will repay to Hy-Vee the amount necessary to ensure the amount of attorneys’ fees or costs (or both) comply with any court order. 7.5 Proposed Class Counsel shall thereafter distribute the award of attorneys’ fees, costs, and expenses among Plaintiffs’ Counsel and service award to Representative Plaintiffs consistent with ¶¶ 7.2 and 7.3. If this Settlement Agreement is terminated or otherwise does not become Final (e.g., disapproval by the Court or any appellate court), Hy-Vee shall have no obligation to pay attorneys’ fees, costs, expenses, or service awards and shall only be required to pay costs and expenses related to notice and administration that were already incurred. Under no circumstances will Proposed Class Counsel or any Class Member be liable for any costs or expenses related to notice or administration. 7.6 The amount(s) of any award of attorneys’ fees, costs, and expenses and the service award to Representative Plaintiffs are intended to be considered by the Court separately from the Court’s consideration of the fairness, reasonableness, and adequacy of the settlement. No order of the Court, or modification or reversal or appeal of any order of the Court, concerning the amount(s) of any attorneys’ fees, costs, expenses, and/or service award ordered by the Court to Proposed Class Counsel or Representative Plaintiffs shall affect whether the Judgment is Final or constitute grounds for cancellation or termination of this Settlement Agreement.

Plaintiffs’ Counsel’s Attorneys’ Fees. Costs, and Expenses; Service Award to Representative Plaintiffs 7.1 Proposed Class Counsel may file a motion for the Fee Award and Costs to be paid from the Settlement Fund. The Settling Parties did motion shall be filed at least fourteen (14) days before the Objection Date. Prior to the disbursement of the Fee Award and Costs under this Agreement, Class Counsel shall provide to ETZ and the Settlement Administrator a properly completed and duly executed IRS Form W-9. 7.2 Proposed Settlement Class Counsel will seek, and XXX has agreed not discuss to oppose, an order from the payment Court awarding one-fourth (25%) of the Settlement Fund ($75,000.00) to Proposed Settlement Class Counsel for attorneys’ fees, costs, in addition to the costs and expenses and/or service award to Representative Plaintiffs, as provided for incurred in ¶¶ 7.2 and 7.3, until after connection with the substantive terms prosecution of the settlement had been agreed upon, other than that Hy-Vee would pay reasonable attorneys’ fees, costs, expenses, and service awards to Representative Plaintiffs as may be agreed to by Hy-Vee and Proposed Class Counsel and/or as this matter. 7.3 Unless otherwise ordered by the Court, or in the event of no agreement, then as ordered by the Court. Hy-Vee and Proposed Settlement Class Counsel shall have agreed the sole and absolute discretion to the following:allocate any approved Fee Award and Costs among Plaintiffs’ Counsel. 7.2 7.4 Proposed Settlement Class Counsel will seek, and ETZ has agreed to request and Hy-Vee has agreed to pay, subject to Court approval, the amount of $727,000 to Proposed Class Counsel for attorneys’ fees and an amount not to exceed $12,000 for verified costs and expenses of all cases against Hy-Vee that Plaintiffs’ Counsel have pursued over the Security Incident. Plaintiffs’ Lead Counseloppose, in their sole discretion, shall allocate and distribute the amount of attorneys’ fees, costs, and expenses awarded by an order from the Court among all Plaintiffs’ Counsel awarding five thousand dollars and no/100 ($5,000.00) in Service Awards to each of the Class Representatives, for a total of ten thousand dollars and no/100 ($10,000.00), to be paid from any attorneys’ fee amount the Settlement Fund. 7.5 If awarded by the Court. 7.3 Hy-Vee will not object to a paying a service award in an amount requested by Proposed Class Counsel and approved by , the Court of up to $2,000 to each of the seven Representative Plaintiffs. 7.4 Hy-Vee Settlement Administrator shall pay the Court-approved amount of attorneys’ fees, costs, expensesFee Award and Costs, and service awards Service Awards to Representative Plaintiffs to an account established by Plaintiffs’ Lead Counsel , as set forth in Paragraphs 7.2, 7.3 and 7.4, within thirty seven (307) days after the entry of an order of Final ApprovalEffective Date. Service Awards to Class Representatives, regardless of any appeal that may Fee Award and Costs will be filed or taken by any wired to Proposed Settlement Class Member or third party. Class Counsel will repay to Hy-Vee the amount of the award of attorneys’ fees and costs in the event that the final approval order and final judgm ent are not upheld on appealCounsel, and if only a portion of fees or costs (or both) is upheld, Class Counsel will repay to Hy-Vee the amount necessary to ensure the amount of attorneys’ fees or costs (or both) comply with any court order. 7.5 Proposed Class Counsel who shall thereafter distribute the award of attorneys’ fees, costs, Fee Award and expenses Costs among Plaintiffs’ Counsel and service award Service Awards to Representative Plaintiffs consistent with ¶¶ 7.2 Paragraphs 7.2, 7.3 and 7.3. If this Settlement Agreement is terminated or otherwise does not become Final (e.g., disapproval by the Court or any appellate court), Hy-Vee shall have no obligation to pay attorneys’ fees, costs, expenses, or service awards and shall only be required to pay costs and expenses related to notice and administration that were already incurred. Under no circumstances will Proposed Class Counsel or any Class Member be liable for any costs or expenses related to notice or administration7.4. 7.6 The amount(s) of any award of attorneys’ fees, costsFee Award and Costs, and expenses and the service award Service Award to Representative Plaintiffs Plaintiffs, are intended to be considered by the Court separately from the Court’s consideration of the fairness, reasonableness, and adequacy of the settlement. These payments will not in any way reduce the consideration being made available to the Settlement Class as described herein, except as set forth in Paragraphs 1.15, 7.2, 7.4 and 7.5. No order of the Court, or modification or reversal or appeal of any order of the Court, concerning the amount(s) of any attorneys’ fees, costs, expensesFee Award and Costs, and/or service award Service Award ordered by the Court to Proposed Settlement Class Counsel or Representative Plaintiffs shall affect whether the Judgment is Final or constitute grounds for cancellation or termination of this Settlement Agreement.

Plaintiffs’ Counsel’s Attorneys’ Fees. Costs, and Expenses; Service Award Awards to Representative Plaintiffs 7.1 Proposed Class Counsel may file a motion for the Fee Award and Costs to be paid from the Settlement Fund. The Settling Parties did motion shall be filed at least fourteen (14) days before the Objection Date. Prior to the disbursement of the Fee Award and Costs under this Agreement, Class Counsel shall provide to Defendant AGH and the Settlement Administrator a properly completed and duly executed IRS Form W-9. The Fee Award and Costs shall be paid by the Settlement Administrator, in the amount approved by the Court, within 30 days after the Effective Date. 7.2 Proposed Settlement Class Counsel will seek, and AGH has agreed not discuss to oppose, an order from the payment Court awarding up to one-third (33.3%) of the Settlement Fund ($750,000.00) to Proposed Settlement Class Counsel for attorneys’ fees, costs, in addition to the costs and expenses and/or service award to Representative Plaintiffs, as provided for incurred in ¶¶ 7.2 and 7.3, until after connection with the substantive terms prosecution of the settlement had been agreed upon, other than that Hy-Vee would pay reasonable attorneys’ fees, costs, expenses, and service awards to Representative Plaintiffs as may be agreed to by Hy-Vee and Proposed Class Counsel and/or as this matter. 7.3 Unless otherwise ordered by the Court, or in the event of no agreement, then as ordered by the Court. Hy-Vee and Proposed Settlement Class Counsel shall have agreed the sole and absolute discretion to the following:allocate any approved Fee Award and Costs among themselves. 7.2 7.4 Proposed Settlement Class Counsel will seek, and AGH has agreed to request and Hy-Vee has agreed to pay, subject to Court approval, the amount of $727,000 to Proposed Class Counsel for attorneys’ fees and an amount not to exceed $12,000 for verified costs and expenses of all cases against Hy-Vee that Plaintiffs’ Counsel have pursued over the Security Incident. Plaintiffs’ Lead Counseloppose, in their sole discretion, shall allocate and distribute the amount of attorneys’ fees, costs, and expenses awarded by an order from the Court among all Plaintiffs’ Counsel from any attorneys’ fee amount awarding up to One Thousand Five Hundred Dollars ($1,500.00) in Service Awards to each of the four Class Representatives, totaling Six Thousand Dollars ($6,000). 7.5 If awarded by the Court. 7.3 Hy-Vee will not object to a paying a service award in an amount requested by Proposed Class Counsel and approved by , the Court of up to $2,000 to each of the seven Representative Plaintiffs. 7.4 Hy-Vee Settlement Administrator shall pay the Court-approved amount of attorneys’ fees, costs, expensesFee Award and Costs, and service awards Service Awards to Representative Plaintiffs to an account established by Plaintiffs’ Lead Counsel , as set forth above in Paragraphs 7.2 and 7.3, within thirty (30) days after the entry of an order of Final ApprovalEffective Date. Service Awards to Class Representatives Fee Award and Costs will be wired to Xxxxxx X. Xxxxxxx, regardless of any appeal that may be filed or taken by any Class Member or third partyXxxxxxxx Xxxxxx Xxxxxxxxxx & Xxxxxxxx LLP, 000 X. XxXxxxx Street, Suite 3210, Chicago, IL 60603. Class Counsel will repay to Hy-Vee the amount of the award of attorneys’ fees and costs in the event that the final approval order and final judgm ent are not upheld on appeal, and if only a portion of fees or costs (or both) is upheld, Class Counsel will repay to Hy-Vee the amount necessary to ensure the amount of attorneys’ fees or costs (or both) comply with any court order. 7.5 Proposed Settlement Class Counsel shall thereafter distribute the award of attorneys’ fees, costs, Fee Award and expenses Costs among Plaintiffs’ Counsel and service award Service Awards to Representative Plaintiffs consistent with ¶¶ Paragraphs 7.2 and 7.3. If this Settlement Agreement is terminated or otherwise does not become Final (e.g., disapproval by the Court or any appellate court), Hy-Vee shall have no obligation to pay attorneys’ fees, costs, expenses, or service awards and shall only be required to pay costs and expenses related to notice and administration that were already incurred. Under no circumstances will Proposed Class Counsel or any Class Member be liable for any costs or expenses related to notice or administration. 7.6 The amount(s) of any award of attorneys’ fees, costsFee Award and Costs, and expenses and the service award Service Awards to Representative Plaintiffs Plaintiffs, are intended to be considered by the Court separately from the Court’s consideration of the fairness, reasonableness, and adequacy of the settlement. These payments will not in any way reduce the consideration being made available to the Settlement Class as described herein. No order of the Court, or modification or reversal or appeal of any order of the Court, concerning the amount(s) of any attorneys’ fees, costs, expensesFee Award and Costs, and/or service award Service Awards ordered by the Court to Proposed Settlement Class Counsel or Representative Plaintiffs shall affect whether the Judgment is Final or constitute grounds for cancellation or termination of this Settlement Agreement.

Plaintiffs’ Counsel’s Attorneys’ Fees. Costs, and Expenses; Service Award to Representative Plaintiffs 7.1 The Settling Parties did not discuss Proposed Settlement Class Counsel will file a motion asking the payment of attorneys’ fees, costs, expenses and/or service Court to award to Representative Plaintiffs, as provided for in ¶¶ 7.2 and 7.3, until after the substantive terms a portion of the settlement had been agreed uponSettlement Fund as Class Counsel’s Fee Award and Costs. The motion shall be filed at least fourteen (14) days before the Objection Date. Prior to the disbursement of the Fee Award and Costs under this Agreement, other than that Hy-Vee would pay reasonable attorneys’ fees, costs, expenses, and service awards to Representative Plaintiffs as may be agreed to by Hy-Vee and Proposed Class Counsel and/or as shall provide to PurFoods and the Settlement Administrator a properly completed and duly executed IRS Form W-9. 7.2 Unless otherwise ordered by the Court, or in the event of no agreement, then as ordered by the Court. Hy-Vee and Proposed Settlement Class Counsel shall have agreed the sole and absolute discretion to the following:allocate any approved Fee Award and Costs among themselves. 7.2 7.3 Proposed Settlement Class Counsel has agreed to request and Hy-Vee has agreed to pay, subject to Court approval, the amount of $727,000 to Proposed Class Counsel for attorneys’ fees and will also seek an amount not to exceed $12,000 for verified costs and expenses of all cases against Hy-Vee that Plaintiffs’ Counsel have pursued over the Security Incident. Plaintiffs’ Lead Counsel, in their sole discretion, shall allocate and distribute the amount of attorneys’ fees, costs, and expenses awarded by order from the Court among all awarding two thousand five hundred Dollars ($2,500.00) in Service Awards to each of the Representative Plaintiffs’ Counsel , to be paid from any attorneys’ fee amount the Settlement Fund. 7.4 If awarded by the Court. 7.3 Hy-Vee will not object to a paying a service award in an amount requested by Proposed Class Counsel and approved by , the Court of up to $2,000 to each of the seven Representative Plaintiffs. 7.4 Hy-Vee Settlement Administrator shall pay the Court-approved amount of attorneys’ fees, costs, expensesFee Award and Costs, and service awards Service Awards to Representative Plaintiffs to an account established by Plaintiffs’ Lead Counsel , as set forth in Paragraphs 7.2 and 7.3, within thirty forty-five (3045) days after the entry of an order of Final Approval, regardless of any appeal that may Effective Date. Service Awards to Representative Plaintiffs and the Fee Award and Costs will be filed or taken wired by any Class Member or third party. the Settlement Administrator to Proposed Settlement Class Counsel will repay via instructions to Hy-Vee the amount of the award of attorneys’ fees and costs in the event that the final approval order and final judgm ent are not upheld on appeal, and if only a portion of fees or costs (or both) is upheld, be provided by Proposed Settlement Class Counsel will repay to Hy-Vee the amount necessary to ensure the amount of attorneys’ fees or costs (or both) comply with any court order. 7.5 Proposed Class Counsel Counsel. The Settlement Administrator shall thereafter distribute the award of attorneys’ fees, costs, Fee Award and expenses Costs among Plaintiffs’ Counsel and service award Service Awards to Representative Plaintiffs consistent with ¶¶ 7.2 Paragraphs 7.2, 7.3 and 7.3. If this Settlement Agreement is terminated or otherwise does not become Final (e.g., disapproval by the Court or any appellate court), Hy-Vee shall have no obligation to pay attorneys’ fees, costs, expenses, or service awards and shall only be required to pay costs and expenses related to notice and administration that were already incurred. Under no circumstances will Proposed Class Counsel or any Class Member be liable for any costs or expenses related to notice or administration7.4. 7.6 7.5 The amount(s) of any award of attorneys’ fees, costsFee Award and Costs, and expenses and the service award Service Award to Representative Plaintiffs Plaintiffs, are intended to be considered by the Court separately from the Court’s consideration of the fairness, reasonableness, and adequacy of the settlement. No order of the Court, or modification or reversal or appeal of any order of the Court, concerning the amount(s) of any attorneys’ fees, costs, expensesFee Award and Costs, and/or service award Service Award ordered by the Court to Proposed Settlement Class Counsel or Representative Plaintiffs shall affect whether the Judgment is Final or constitute grounds for cancellation or termination of this Settlement Agreement.

Plaintiffs’ Counsel’s Attorneys’ Fees. Costs, and Expenses; Service Award Awards to Representative Plaintiffs 7.1 The Settling Parties did not discuss the payment of attorneys’ fees, costs, expenses and/or service award awards to Representative Plaintiffs, as provided for in ¶¶ 7.2 and 7.3, until after the substantive terms of the settlement had been agreed upon, other than that Hy-Vee Defendants would pay reasonable attorneys’ fees, costs, expenses, and service awards to Representative Plaintiffs as may be agreed to by Hy-Vee Defendants and Proposed Settlement Class Counsel and/or as ordered by the Court, or in the event of no agreement, then and as ordered by the Court. Hy-Vee Defendants and Proposed Settlement Class Counsel have then negotiated and agreed to the following:procedure described in ¶ 7.2. 7.2 Proposed Settlement Class Counsel has agreed to request and Hy-Vee has agreed to pay, subject to will move the Court approval, the amount for an award of $727,000 to Proposed Class Counsel for attorneys’ fees and an amount costs not to exceed $12,000 for verified costs and expenses of all cases against Hy-Vee that Plaintiffs’ Counsel 2,500,000, which Defendants have pursued over the Security Incidentagreed not to oppose. Plaintiffs’ Lead Proposed Settlement Class Counsel, in their sole discretion, shall allocate and distribute the amount any amounts of attorneys’ fees, costs, and expenses awarded by the Court among all Plaintiffs’ Counsel from any attorneys’ fee amount awarded by the CourtProposed Settlement Class Counsel. 7.3 Hy-Vee will Subject to Court approval, Defendants have agreed not object to a paying a oppose Plaintiffs’ request for service award awards in an the amount requested by Proposed Class Counsel and approved by the Court of up to $2,000 1,500 to each of the seven six Representative Plaintiffs. 7.4 Hy-Vee If awarded by the Court, Defendants shall pay the Court-approved amount of attorneys’ fees, costs, expenses, and service awards to Representative Plaintiffs to an account established by Plaintiffs’ Lead Counsel , as set forth in ¶¶ 7.2, 7.3, and 7.4, within thirty (30) 30 days after the entry of an order of Final Approval, regardless of any appeal that may Effective Date. Payment will be filed or taken by any Class Member or third party. made to Proposed Settlement Class Counsel will repay to Hy-Vee the amount Xxxxxxx X. Xxxx of the award of attorneys’ fees and costs in the event that the final approval order and final judgm ent are not upheld on appealXXXX XXXXXXXXXXX XXXXX XXXXXXX & XXXX LLP, and if only a portion of fees or costs (or both) is upheld000 X Xxxxxx, Class Counsel will repay to Hy-Vee the amount necessary to ensure the amount of attorneys’ fees or costs (or both) comply with any court order. 7.5 Xxxxx 0000, Xxx Xxxxx, Xxxxxxxxxx, 00000. Proposed Settlement Class Counsel shall thereafter distribute the award of attorneys’ fees, costs, and expenses among Plaintiffs’ Counsel and service award awards to Representative Plaintiffs consistent with ¶¶ 7.2 7.2, 7.3 and 7.3. If this Settlement Agreement is terminated or otherwise does not become Final (e.g., disapproval by the Court or any appellate court), Hy-Vee shall have no obligation to pay attorneys’ fees, costs, expenses, or service awards and shall only be required to pay costs and expenses related to notice and administration that were already incurred. Under no circumstances will Proposed Class Counsel or any Class Member be liable for any costs or expenses related to notice or administration7.4. 7.6 7.5 The amount(s) of any award of attorneys’ fees, costs, and expenses expenses, and the service award awards to Representative Plaintiffs Plaintiffs, are intended to be considered by the Court separately from the Court’s consideration of the fairness, reasonableness, and adequacy of the settlement. These payments will not in any way reduce the consideration being made available to the Settlement Class as described herein. No order of the Court, or modification or reversal or appeal of any order of the Court, concerning the amount(s) of any attorneys’ fees, costs, expenses, and/or service award awards ordered by the Court to Proposed Settlement Class Counsel or Representative Plaintiffs shall affect whether the Judgment is Final or constitute grounds for cancellation or termination of this Settlement Agreement.