Settlement Independent of Award of Fees, Costs, and Service Awards. The awards of attorneys’ fees and costs, and payment to the Class Representatives are subject to and dependent upon the Court’s approval. However, this Settlement is not dependent or conditioned upon the Court’s approving Class Counsel’s and Class Representatives’ requests for such payments or awarding the particular amounts sought by Class Counsel and Class Representatives. In the event the Court declines Class Counsel’s or Class Representatives’ requests or awards less than the amounts sought, this Settlement will continue to be effective and enforceable by the Parties, provided, however, that the Class Representatives and Class Counsel retain the right to appeal any decision by the Court regarding attorneys’ fees and costs, and service awards, even if the Settlement is otherwise approved by the Court.
Settlement Independent of Award of Fees, Costs, and Service Awards. The payments set forth in this Section 5 are subject to and dependent upon the Court’s approval of the Settlement as fair, reasonable, adequate, and as in the best interests of Settlement Class Members; however, the Settlement is not dependent or conditioned upon the Court approving Plaintiffs’ and Class Counsel’s requests for such payments or awarding the particular amounts they seek. In the event the Court declines the requests or awards less than the amounts sought, the Settlement will continue to be effective and enforceable by the Parties.
Settlement Independent of Award of Fees, Costs, and Service Awards. The payments of service awards and attorneys’ fees and costs set forth in Sections 5.01 and
Settlement Independent of Award of Fees, Costs, and Service Awards. The payments of attorneys’ fees and costs and any Service Award payments set forth in Sections 7 and 8 are subject to and dependent upon the Court’s approval of such payments as fair, reasonable, adequate, and in the best interests of Settlement Class Members. This Settlement is not dependent upon the Court approving Plaintiff’s Counsel’s or Plaintiff’s petitions for such payments. In the event that the Court approves the Settlement but declines to grant the motions of Plaintiff’s Counsel or Plaintiff in whole or in part, the Settlement will nonetheless be binding on the Parties and the Settlement Class Members.
Settlement Independent of Award of Fees, Costs, and Service Awards. The payments of any Fee Award and any Service Awards set forth in section 5 of this Agreement are subject to and dependent upon the Court’s approval of such requested awards as fair, reasonable, and adequate, and any order or proceedings relating to the applications for Attorneys’ Fees and Costs or the Service Awards or any appeal from any order relating thereto or reversal or modification thereof, will not operate to terminate or cancel this Agreement, or affect or delay the Finality of Judgment approving the Agreement and the Settlement. In the event the Court declines Plaintiffs’ and/or Class Counsel’s requests or awards less than the amounts sought, the Settlement will continue to be effective and enforceable by the Parties.
