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

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. i. (A) In their Approval Motion, Plaintiffs’ Counsel will shall 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. Defendant shall not oppose these requests. 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 Agreementcase. ii. (B) 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 is not approved by the Court shall become part of the Net Settlement Fund.

Settlement Amounts Payable as Attorneys’ Fees and Costs. i. In their Approval Motion, Plaintiffs’ Counsel will shall 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. i. In their Approval Motion(A) At the Fairness Hearing and Motion for Final Approval, Plaintiffs’ Class Counsel will ask petition the Court to approve payment for an award of attorneys’ fees of no more than one-third of the Gross Settlement Amount as an award of attorneys’ fees. In Amount, and, in addition, Plaintiffs’ Counsel shall seek for reimbursement of reasonable their actual case-related litigation costs and expenses not to exceed $20,000 to be paid from the Gross QSF. Defendant will not oppose this application. After depositing the Settlement Amount. These amounts Amount with the Settlement Claims Administrator for the QSF, Defendant shall constitute full satisfaction of any claim have no additional liability for Class Counsel’s attorneys’ fees or and 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. (B) The substance of Plaintiffs’ 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 and this Agreementsettlement of the Litigation. The outcome of any proceeding related to Plaintiffs’ Class Counsel’s application for attorneys’ fees and costs shall not terminate this Agreement or otherwise affect the Court’s ruling on the Approval MotionMotion for Final Approval. In Class Counsel shall have the event that right to appeal 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 Court’s determination with respect to their application for attorneys’ fees or and costs. Upon the determination of any such appeal, fees and costs that are sought by Class Counsel but not approved by the Court awarded shall become part be returned to Defendant. (C) Within ten (10) days of the Net payment by Defendant of the Settlement FundAmount into the QSF, the Settlement Claims Administrator shall wire the Court-approved attorneys’ fees to Class Counsel.

Settlement Amounts Payable as Attorneys’ Fees and Costs. i. In their Approval Motion, The parties agree that Plaintiffs’ Counsel will ask the Court to approve payment of seek approval of, and Defendant will not oppose, one-third of the Gross Settlement Amount as an award of attorneys’ fees. In addition, Plaintiffs’ Counsel shall seek seek, and Defendant will not oppose, 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 costscosts for any claims released herein, 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 case, including attorneys’ fees and costs incurred related relating to any efforts to enforce the terms of this AgreementPre-Mediation Settling Collective Action Members. 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 is not approved by the Court shall become part of be redistributed to the Net Settlement FundPlaintiffs.