Common use of Settlement Independent of Award of Fees, Costs, and Service Awards Clause in Contracts

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 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 awardsamount of the Fee Award, even if the Settlement is otherwise approved by the Court.