Settlement Amounts Payable as Attorneys’ Fees and Costs. (A) Prior to the Fairness Hearing, Class Counsel shall petition the Court for reimbursement of reasonable litigation costs and expenses from the Settlement Fund. In addition, Class Counsel shall petition the Court for an award of attorneys’ fees. Defendant will not oppose such applications provided the reasonable litigation costs and expenses and award of attorneys’ fees do not exceed 33% of the Settlement Amount (a total of $1,166,550). Defendant shall have no additional liability for attorneys’ fees and costs relating to the Litigation, the Settlement, or any claims released by this Settlement.
(B) The substance of Class Counsel’s application for attorneys’ fees and costs is not part of this Agreement and is to be considered separately from the Court’s consideration of the fairness, reasonableness, adequacy, and good faith of the settlement of the Litigation. The outcome of any proceeding related to Class Counsel’s application for attorneys’ fees and costs shall not terminate this Agreement or otherwise affect the Court’s ruling on the Motion for Judgment and Final Approval. The effectiveness of this Settlement is not conditioned upon the Court awarding any specific amount as attorneys’ fees and costs. In the event Class Counsel appeals a determination of the Court regarding the application for attorneys’ fees, such appeal shall not affect the Effective Date. In such an event, Defendant shall deposit into the Escrow Account the full amount required under Section 3.1(B), but the Claims Administrator shall not make distributions required by Section 3.1(D) prior to the outcome of such appeal. Any additional administration costs caused by such an appeal shall be borne by Class Counsel.
Settlement Amounts Payable as Attorneys’ Fees and Costs i. In their Approval Motion, Plaintiffs’ Counsel will ask the Court to approve payment of one-third of the Gross Settlement Amount as an award of attorneys’ fees. In addition, Plaintiffs’ Counsel shall seek reimbursement of reasonable actual case-related costs and expenses from the Gross Settlement Amount. These amounts shall constitute full satisfaction of any claim for attorneys’ fees or costs, and Plaintiffs agree that they shall not seek, nor be entitled to, any additional attorneys’ fees or costs under any theory or from any source, incurred in relation to this case other than for any fees and costs incurred related to any efforts to enforce the terms of this Agreement.
ii. The substance of Plaintiffs’ Counsel’s application for attorneys’ fees and costs is not part of this Agreement and is to be considered separately from the Court’s consideration of the fairness, reasonableness, adequacy, and good faith of the Settlement and this Agreement. The outcome of any proceeding related to Plaintiffs’ Counsel’s application for attorneys’ fees and costs shall not terminate this Agreement or otherwise affect the Court’s ruling on the Approval Motion. In the event that the Court (or any appellate court) awards less than the requested amounts, only the awarded amounts shall be paid and shall constitute full satisfaction of the obligations of this Section and full payment hereunder. Any money requested for attorneys’ fees or costs that are not approved by the Court shall become part of the Net Settlement Fund.
Settlement Amounts Payable as Attorneys’ Fees and Costs. (A) At the Fairness Hearing and Motion for Final Approval, Class Counsel will petition the Court for an award of attorneys’ fees of no more than one-third (33- 1/3%) of the Gross Settlement Amount, and, in addition, for reimbursement of their actual litigation costs and expenses to be paid from the QSF. Defendants will not oppose this application. After depositing the Settlement Amount in full with the Settlement Claims Administrator for the QSF, Defendants shall have no additional liability for Class Counsel’s attorneys’ fees and costs.
(B) The substance of Class Counsel’s application for attorneys’ fees and costs is to be considered separately from the Court’s consideration of the fairness, reasonableness, adequacy, and good faith of the settlement of the Litigation. The outcome of any proceeding related to Class Counsel’s application for attorneys’ fees and costs shall not terminate this Agreement or otherwise affect the Court’s ruling on the Motion for Final Approval.
Settlement Amounts Payable as Attorneys’ Fees and Costs. (A) At the Fairness Hearing, Class Counsel will petition the Court for an award of attorneys’ fees of no more than one-third (33.33%) of the Settlement Amount, and for reimbursement of their actual litigation costs and expenses up to $465.00 to be paid from the Settlement Amount. Defendant will not oppose Class Counsel’s application of up to 33.33% of the Settlement Amount in attorneys’ fees plus costs and expenses up to $465.00. Class Counsel understand and agree that such payment shall be Defendant’s full, final and complete payment of all attorneys’ fees and costs associated with Class Counsel’s representation of individuals in connection with the Litigation, and that the fee and cost award by the Court shall supersede and extinguish, as of the Effective Date, any prior agreement between Class Counsel and Named Plaintiff (and/or, as the case may be, the Additional Plaintiff or other Class Member) concerning attorneys fees and costs associated with the Litigation. Defendant shall have no additional liability for any fees and costs associated with the Litigation.
(B) The substance of Class Counsel’s application for attorneys’ fees and costs is to be considered separately from the Court’s consideration of the fairness, reasonableness, adequacy, and good faith of the settlement of the Litigation. The outcome of any proceeding related to Class Counsel’s application for attorneys’ fees and costs shall not terminate this Agreement or otherwise affect the Court’s ruling on the Motion for Final Approval.
Settlement Amounts Payable as Attorneys’ Fees and Costs. (A) At the Fairness Hearing, Class Counsel shall petition the Court for no more than 33.3% of the Gross Settlement Fund as an award of attorneys’ fees. In addition, Class Counsel shall also seek reimbursement of reasonable litigation costs and expenses from the Gross Settlement Fund, which shall not exceed $12,630.92. Defendants will not oppose such a fee and cost application. Defendants shall take no position on Class Counsel’s petition for fees and costs within the context of this Agreement, except to the extent Class Counsel’s position is in any way inconsistent with the terms of this Agreement.
(B) The substance of Class Counsel’s application for attorneys’ fees and costs pursuant to this Agreement is not part of this Agreement and is to be considered separately from the Court’s consideration of the fairness, reasonableness, adequacy, and good faith of the settlement of the Litigation. The outcome of any proceeding related to Class Counsel’s application for attorneys’ fees and costs shall not terminate this Agreement, extinguish any party’s obligations under this Agreement, or otherwise affect the Court’s ruling on the Motion for Judgment and Final Approval.
Settlement Amounts Payable as Attorneys’ Fees and Costs. (A) Prior to the Fairness Hearing, Class Counsel shall petition the Court for an award of up to 33⅓% of $1,500,000 from the Settlement Fund (i.e., up to $500,000.00) as an award of attorneys’ fees. In addition, Class Counsel shall also seek reimbursement of reasonable litigation costs and expenses from the Settlement Fund. Defendant will take no position regarding such applications.
(B) The substance of Class Counsel’s application for attorneys’ fees and costs is not part of this Agreement and is to be considered separately from the Court’s consideration of the fairness, reasonableness, adequacy, and good faith of the settlement of the Litigation. The outcome of any proceeding related to Class Counsel’s application for attorneys’ fees and costs shall not terminate this Agreement or otherwise affect the Court’s ruling on the Motion for Judgment and Final Approval. Any monies not approved by the Court become part of the Net Settlement Fund.
Settlement Amounts Payable as Attorneys’ Fees and Costs i. In their Approval Motion, Named Plaintiffs’ Counsel will ask the Court to approve payments of no more than $400,000.00 of the Gross Settlement Amount as an award of attorneys’ fees and reimbursement of reasonable costs and expenses, Service Awards to Named Plaintiffs, and expenses to be paid to the Settlement Administrator. These amounts shall constitute full satisfaction of any claim for attorneys’ fees or costs, and Named Plaintiffs agree that they shall not seek, nor be entitled to, any additional attorneys’ fees or costs. The Net Settlement Amount of no less than $200,000.00 shall remain available for payment of Class Members’ claims, and shall not be reduced by (i) Court-approved Settlement Administration fees and costs;
Settlement Amounts Payable as Attorneys’ Fees and Costs. (A) At the Fairness Hearing and in the Motion for Final Approval, Class Counsel will petition the Court for an award of attorneys’ fees of no more than 33 1/3 % of the Settlement Amount, and for reimbursement of their actual litigation costs and expenses to be paid from the QSF. After depositing the Settlement Amount with the Settlement Claims Administrator for the QSF, Defendants shall have no additional liability for Class Counsel’s attorneys’ fees and costs. The Claims Administrator shall be paid for its services from the fees awarded to Plaintiffs’ Counsel.
(B) The outcome of any proceeding related to Class Counsel’s application for attorneys’ fees and costs shall not terminate this Agreement or otherwise affect the Court’s ruling on the Motion for Final Approval. Any fees or costs sought by Class Counsel but not approved by the Court shall be distributed to the Net Settlement Fund.
(C) The attorneys’ fees and costs shall be paid from the QSF in two installments at the time the payments to Participating Class Members are mailed.
Settlement Amounts Payable as Attorneys’ Fees and Costs. Following preliminary approval of this Settlement Agreement, Class Counsel will submit a petition to the Court for their attorneys’ fees and costs of thirty percent (30%) of the Gross Settlement Amount, or One Million, Four Hundred, Twenty Five Thousand Dollars ($1,425,000.00), plus reasonable out-of-pocket costs and expenses not to exceed Fifty Thousand Dollars ($50,000.00). Any additional costs beyond this amount that may be incurred as a result of Settlement Administration shall be deducted from attorneys’ fees and shall not deplete the Net Settlement Fund. Attorneys’ fees and costs approved by the Court shall be paid within twenty-one (21) days of the Effective Date in the form of one check to Xxxxxxx Xxxxxx, LLP. Class Counsel shall provide the Settlement Administrator with a completed and fully-executed IRS Form W-9. The Settlement Administrator shall issue Class Counsel an IRS Form 1099 for their award of attorneys’ fees. Class Counsel is responsible for all federal, state, and local tax liabilities that may result from the payment of such attorneys’ fees, and Defendants shall bear no responsibility for such tax liabilities.
Settlement Amounts Payable as Attorneys’ Fees and Costs. 1. At the Fairness Hearing and Motion for Final Approval, Class Counsel will petition the Court for an award of attorneys’ fees of no more than one-third of the Gross Settlement Fund, and, in addition, for reimbursement of their actual out-of-pocket costs and expenses to be paid from the Gross Settlement Fund. Defendant will not oppose this application.
2. The substance of Class Counsel’s application for Attorneys’ Fees and Costs is to be considered separately from the Court’s consideration of the fairness, reasonableness, adequacy, and good faith of the settlement of the Action. The outcome of any proceeding related to Class Counsel’s application for Attorneys’ Fees and Costs shall not terminate this Agreement or otherwise affect the Court’s ruling on the Motion for Final Approval. Any amount not approved by the Court shall become part of the Net Settlement Fund.
