Common use of Settlement Amounts Payable as Attorneys’ Fees and Costs Clause in Contracts

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. (A) Prior to In advance of the Fairness HearingHearing and in conjunction with the Final Approval Motion, Class Counsel shall petition the Court for reimbursement of reasonable litigation costs and expenses from the Settlement Fund. In addition, Class Counsel shall will petition the Court for an award of attorneys’ feesfees of no more than one third of the Gross Settlement Amount, and, in addition, for reimbursement of their actual litigation costs and expenses to be paid from the QSF. Defendant will not oppose such applications provided this petition, so long it is reasonable and consistent with law. All Attorneys’ Fees and Litigation Expenses shall be obtained from the reasonable litigation costs Gross Settlement Amount and expenses and award of under no circumstances shall Defendant be required to pay more than the Gross Settlement Amount. Defendant agrees not to oppose Class Counsel’s request for attorneys’ fees do not exceed 33% of and costs up to the amounts set forth herein provided it is consistent with this Agreement. After depositing the Gross Settlement Amount with the Settlement Amount (a total of $1,166,550). Administrator for the QSF, Defendant shall have no additional liability for Class Counsel’s attorneys’ fees and costs relating to the Litigation, the Settlement, or any claims released by this Settlementcosts. (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 CounselApproval Motion.

Settlement Amounts Payable as Attorneys’ Fees and Costs. (A) Prior to At the Fairness HearingHearing and Motion for Final Approval, Class Counsel shall petition the Court for reimbursement of reasonable litigation costs and expenses from the Settlement Fund. In addition, Class Counsel shall will petition the Court for an award of attorneys’ fees. Defendant will not oppose such applications provided fees of no more than one-third of the reasonable Gross Settlement Amount, and, in addition, for reimbursement of their actual litigation costs and expenses and award of attorneys’ fees do to be paid from the QSF. Settling Entities will not exceed 33% of oppose this application. After depositing the Settlement Amount (a total of $1,166,550). Defendant with the Settlement Claims Administrator for the QSF, Settling Entities shall have no additional liability for Class Counsel’s attorneys’ fees and costs relating to the Litigation, the Settlement, or any claims released by this Settlementcosts. (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 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 Class Counsel shall have the Court awarding any specific amount as right to appeal the Court’s determination with respect to their application for attorneys’ fees and costs. In Upon the event determination of any such appeal, fees and costs sought by Class Counsel appeals but not awarded shall be returned to Class Members. (C) Settling Entities agree to a determination of the Court regarding the application for “quick-pay” provision, pursuant to which attorneys’ fees, such appeal shall not affect fees and costs will be paid to Class Counsel by 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 Settlement Claims Administrator shall not make distributions required by Section 3.1(Dfrom the Settlement Amount in the QSF within ten (10) prior to days from the outcome Court’s award of such appeal. Any additional administration costs caused by such an appeal shall be borne by Class Counselattorneys’ fees and expenses.