Common use of Settlement Independent of Award of Fees, Costs and Incentive Payments Clause in Contracts

Settlement Independent of Award of Fees, Costs and Incentive Payments. The payments of attorneys’ fees, costs, and incentive payments set forth in Sections 5.01 and 5.02 are subject to and dependent upon the Court’s approval as fair, reasonable, adequate, and in the best interests of Settlement Class Members. However, this Settlement is not dependent or conditioned upon the Court’s approving Plaintiffs’ requests for such payments or awarding the particular amounts sought by Plaintiffs. In the event the Court declines Plaintiffs’ requests or awards less than the amounts sought, this Settlement will continue to be effective and enforceable by the Parties.

Appears in 3 contracts

Samples: Amended Settlement Agreement and Release, Amended Settlement Agreement and Release, Amended Settlement Agreement and Release

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Settlement Independent of Award of Fees, Costs and Incentive Payments. The payments of attorneys’ fees, costs, costs and incentive payments set forth in Sections 5.01 5.02 and 5.02 5.03 are subject to and dependent upon the Court’s final approval as fair, reasonable, adequate, adequate and in the best interests of Settlement Class Members. However, this Settlement Agreement is not dependent or conditioned upon the Court’s approving PlaintiffsPlaintiff’ requests for such payments or awarding the particular amounts sought by PlaintiffsPlaintiff. In the event the Court declines Plaintiffs’ requests Plaintiff’s requests, or those of Class Counsel, or awards less than the amounts sought, this Settlement will Agreement shall continue to be effective and enforceable by the Parties.

Appears in 2 contracts

Samples: Ettlement Agreement and Release, S Ettlement Agreement and Release

Settlement Independent of Award of Fees, Costs and Incentive Payments. The payments of attorneys’ fees, costs, costs and incentive payments set forth in Sections 5.01 6.01 and 5.02 6.02 are subject to and dependent upon the Court’s approval as fair, reasonable, adequate, adequate and in the best interests of Settlement Class Members. However, this Settlement is not dependent or conditioned upon the Court’s approving Plaintiffs’ Plaintiff’s requests for such payments or awarding the particular amounts sought by PlaintiffsPlaintiff. In the event the Court declines Plaintiffs’ Plaintiff’s requests or awards less than the amounts sought, this Settlement will shall continue to be effective and enforceable by the Parties.

Appears in 2 contracts

Samples: Settlement Agreement and Release, Settlement Agreement and Release

Settlement Independent of Award of Fees, Costs and Incentive Payments. The payments of attorneys’ fees, costs, the Fee Award and incentive payments the Incentive Award set forth in Sections 5.01 and 5.02 are subject to and dependent upon the Court’s approval of the Agreement as fair, reasonable, adequate, and in the best interests of Settlement Class Members. However, this Settlement Agreement is not dependent or conditioned upon the Court’s approving Plaintiffs’ Plaintiff’s and Class Counsel’s requests for such payments or awarding the particular amounts sought by PlaintiffsPlaintiff or Class Counsel. In the event the Court declines Plaintiffs’ the requests or awards less than the amounts sought, this Settlement will shall continue to be effective and enforceable by the Parties.

Appears in 1 contract

Samples: Class Action Settlement Agreement and Release

Settlement Independent of Award of Fees, Costs and Incentive Payments. The payments of attorneys’ fees, costs, costs and the incentive payments payment set forth in Sections 5.01 and 5.02 are subject to and dependent upon the Court’s approval as fair, reasonable, adequate, adequate and in the best interests of Settlement Class Members. However, this Settlement is not dependent or conditioned upon the Court’s approving Plaintiffs’ requests for such payments or awarding the particular amounts sought by Plaintiffs. In the event the Court declines Plaintiffs’ requests or awards less than the amounts sought, this Settlement will shall continue to be effective and enforceable by the Parties.

Appears in 1 contract

Samples: Settlement Agreement and Release

Settlement Independent of Award of Fees, Costs and Incentive Payments. The payments of attorneys’ fees, costs, costs and the incentive payments payment set forth in Sections 5.01 and 5.02 7.01 are subject to and dependent upon the Court’s approval of the Agreement as fair, reasonable, adequate, and in the best interests of Settlement Class Members. However, this Settlement Agreement is not dependent or conditioned upon the Court’s approving Plaintiffs’ Plaintiff’s requests for such payments or awarding the particular amounts sought by PlaintiffsPlaintiff. In the event the Court declines Plaintiffs’ Plaintiff’s requests or awards less than the amounts sought, this Settlement will shall continue to be effective and enforceable by the Parties.

Appears in 1 contract

Samples: Class Action Settlement Agreement and Release

Settlement Independent of Award of Fees, Costs and Incentive Payments. The payments of attorneys’ fees, costs, and expenses and the incentive payments payment set forth in Sections 5.01 6.01 and 5.02 6.02 are subject to and dependent upon the Court’s approval of the Agreement as fair, reasonable, adequate, and in the best interests of Settlement Class Members. However, this Settlement Agreement is not dependent or conditioned upon the Court’s approving Plaintiffs’ Plaintiff’s requests for such payments or awarding the particular amounts sought by PlaintiffsPlaintiff. In the event the Court declines Plaintiffs’ Plaintiff’s requests or awards less than the amounts soughtsought for an incentive payment or attorneys’ fees, costs and expenses, this Settlement will shall continue to be effective and enforceable by the Parties.

Appears in 1 contract

Samples: Class Action Settlement Agreement and Release

Settlement Independent of Award of Fees, Costs and Incentive Payments. The payments of attorneys’ fees, costs, costs and the incentive payments payment set forth in Sections 5.01 6.01 and 5.02 6.02 are subject to and dependent upon the Court’s approval of the Agreement as fair, reasonable, adequate, and in the best interests of Settlement Class Members. However, this Settlement Agreement is not dependent or conditioned upon the Court’s approving Plaintiffs’ Plaintiff’s requests for such payments or awarding the particular amounts sought by PlaintiffsPlaintiff. In the event the Court declines Plaintiffs’ Plaintiff’s requests or awards less than the amounts sought, this Settlement will shall continue to be effective and enforceable by the Parties.

Appears in 1 contract

Samples: Class Action Settlement Agreement and Release

Settlement Independent of Award of Fees, Costs and Incentive Payments. The payments payment of attorneys’ fees, costs, costs and incentive payments set forth in Sections 5.01 6.01 and 5.02 6.02 are subject to and dependent upon the Court’s approval as fair, reasonable, adequate, adequate and in the best interests of Settlement Class Members. However, this Settlement is not dependent or conditioned upon the Court’s approving Plaintiffs’ Plaintiff’s requests for such payments payment or awarding the particular amounts amount sought by PlaintiffsPlaintiff. In the event the Court declines Plaintiffs’ requests Plaintiff’s request or awards less than the amounts amount sought, this Settlement will shall continue to be effective and enforceable by the Parties.

Appears in 1 contract

Samples: Settlement Agreement and Release

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Settlement Independent of Award of Fees, Costs and Incentive Payments. The payments of attorneys’ fees, costs, and incentive payments set forth in Sections 5.01 5.02 and 5.02 5.03 are subject to and dependent upon the Court’s approval as fair, reasonable, adequate, adequate and in the best interests of Settlement Class Members. However, this Settlement is not dependent or conditioned upon the Court’s approving Plaintiffs’ requests for such payments or awarding the particular amounts sought by Plaintiffs. In the event the Court declines Plaintiffs’ requests or awards less than the amounts sought, this Settlement will shall continue to be effective and enforceable by the Parties.

Appears in 1 contract

Samples: S Ettlement Agreement and Release

Settlement Independent of Award of Fees, Costs and Incentive Payments. The payments of attorneys’ fees, costs, costs and the incentive payments payment set forth in Sections 5.01 and 5.02 9.1 are subject to and dependent upon the Court’s approval of the Agreement as fair, reasonable, adequate, and in 1 the best interests of Settlement Class Members. However, this Settlement Agreement is not dependent or conditioned upon the Court’s 2 approving Plaintiffs’ Plaintiff’s requests for such payments or awarding the particular amounts sought by Plaintiffs3 Plaintiff. In the event the Court declines Plaintiffs’ Plaintiff’s requests or awards less than the amounts 4 sought, this Settlement will shall continue to be effective and enforceable by the Parties.

Appears in 1 contract

Samples: Agreement (“Agreement

Settlement Independent of Award of Fees, Costs and Incentive Payments. The payments of attorneys’ fees, costs, costs and incentive payments payment set forth in Sections 5.01 and 5.02 through 5.04 are subject to and dependent upon the Court’s approval as fair, reasonable, adequate, adequate and in the best interests of Settlement Class Members. However, this Settlement is not dependent or conditioned upon the Court’s approving Plaintiffs’ requests request for such payments payment or awarding the particular amounts amount sought by Plaintiffs. In the event the Court declines Plaintiffs’ requests request or awards less than the amounts amount sought, this Settlement will shall continue to be effective and enforceable by the Parties.

Appears in 1 contract

Samples: Settlement Agreement and Release

Settlement Independent of Award of Fees, Costs and Incentive Payments. The payments of attorneys’ fees, costs, and incentive payments payment set forth in Sections 5.01 6.02 and 5.02 6.03 are subject to and dependent upon the Court’s approval of the Settlement as fair, reasonable, adequate, adequate and in the best interests of Settlement Class Members. However, this Settlement is not dependent or conditioned upon the Court’s Court approving Plaintiffs’ or Class Counsel’s requests for such payments or awarding the particular amounts sought by PlaintiffsPlaintiffs or Class Counsel. In the event the Court declines Plaintiffs’ the requests or awards less than the amounts sought, this Settlement will shall continue to be effective and enforceable by the Parties.

Appears in 1 contract

Samples: Class Action Settlement Agreement and Release

Settlement Independent of Award of Fees, Costs and Incentive Payments. The payments of attorneys’ fees, costs, costs and incentive payments set forth in Sections 5.01 6.01 and 5.02 6.02 are subject to and dependent upon the Court’s approval as fair, reasonable, adequate, adequate and in the best interests of Settlement Class Members. HoweverThis Settlement, this Settlement however, is not dependent or conditioned upon the Court’s approving Plaintiffs’ Plaintiff’s requests for such payments or awarding the particular amounts sought by PlaintiffsPlaintiff and Class Counsel. In the event the Court declines Plaintiffs’ Plaintiff’s requests or awards less than the amounts sought, this Settlement will continue to be effective and enforceable by the Partiesenforceable.

Appears in 1 contract

Samples: Class Action Settlement Agreement and Release

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