To Class Counsel. Class Counsel will apply to the Court for, and Defendant agrees not to oppose, a total Attorney Fee Award not to exceed thirty-five percent (35%) or $665,000 of the GSA and a Cost Award not to exceed $20,000. The Settlement Administrator will pay the Court-approved amounts for the Attorney Fee Award and Cost Award out of the Gross Settlement Fund. The Settlement Administrator may purchase an annuity to utilize US treasuries and bonds or other attorney fee deferral vehicles for Class Counsel. Payroll tax withholding and deductions will not be taken from the Attorney Fee Award or the Cost Award. IRS Forms 1099 will be issued to Class Counsel with respect to these payments. Class Counsel shall be solely and legally responsible to pay all applicable taxes on the Fee and Cost Awards. In the event the Court does not approve the entirety of the application for the Attorney Fee Award and/or Cost Award, the Settlement Administrator shall pay whatever amount the Court awards, and neither Defendant nor the Settlement Administrator shall be responsible for paying the difference between the amount requested and the amount awarded. If the amount awarded is less than the amount requested by Class Counsel for the Attorney Fee Award and/or Cost Award, the difference shall become part of the NSA and will be distributed to Participating Class Members.
Appears in 1 contract
Samples: Settlement Agreement
To Class Counsel. Class Counsel will apply to the Court for, and Defendant agrees Defendants agree not to oppose, a total Attorney Fee Award not to exceed thirtyone-five percent third (35%) 1/3 or $665,000 176,666.67) of the GSA and a Cost Award not to exceed Fifteen Thousand Dollars ($20,00015,000.00). The Settlement Administrator will pay the Courtcourt-approved amounts for the Attorney Fee Award and Cost Award out of the Gross Settlement FundAmount. The Settlement Administrator may purchase an annuity to utilize US treasuries and bonds or other attorney fee deferral vehicles for Class Counsel. Payroll tax withholding and deductions will not be taken from the Attorney Fee Award or the Cost Award. IRS Forms 1099 will be issued to Class Counsel with respect to these payments. Class Counsel shall be solely and legally responsible to pay all applicable taxes on the Attorney Fee and Cost AwardsAward. In the event the Court does not approve the entirety of the application for the Attorney Fee Award and/or Cost Award, the Settlement Administrator shall pay whatever amount the Court awards, and neither Defendant Defendants nor the Settlement Administrator shall be responsible for paying the difference between the amount requested and the amount awarded. If the amount awarded is less than the amount requested by Class Counsel for the Attorney Fee Award and/or Cost Award, the difference shall become part of the NSA and will be distributed available for distribution to Participating Class Members.
Appears in 1 contract
Samples: Settlement Agreement
To Class Counsel. Class Counsel will apply to the Court for, and Defendant agrees not to oppose, a total Attorney Fee Award not to exceed thirty-five eight percent (3538%) ), or $665,000 1,159,000, of the GSA Gross Settlement Amount and a Cost Award not to exceed $20,00025,000.00. The Settlement Administrator will pay the Court-approved amounts for the Attorney Fee Award and Cost Award out of the Gross Settlement FundAmount. The Settlement Administrator may purchase an annuity to utilize US U.S. treasuries and bonds or other attorney fee deferral vehicles for Class Counsel. Payroll tax withholding and deductions will not be taken from the Attorney Fee Award or the Cost Award. IRS Forms 1099 will be issued to Class Counsel with respect to these payments. Class Counsel shall be solely and legally responsible to pay all applicable taxes on the Fee and Cost Awards. In the event the Court does not approve the entirety of the application for the Attorney Fee Award and/or Cost Award, the Settlement Administrator shall pay whatever amount the Court awards, and neither Defendant nor the Settlement Administrator shall be responsible for paying the difference between the amount requested and the amount awarded. If the amount awarded is less than the amount requested by Class Counsel for the Attorney Fee Award and/or Cost Award, the difference shall become part of the NSA Net Settlement Amount and will be distributed available for distribution to Participating Class Members. Except as provided herein, each side shall bear its own attorneys’ fees and costs.
Appears in 1 contract
Samples: Settlement Agreement
To Class Counsel. At the Final Approval Hearing, Class Counsel will apply to the Court for, and Defendant agrees not to oppose, a total Attorney for an Attorneys Fee Award not to exceed thirty-five percent three and one- third (3533.33%) or $665,000 of the GSA (which equates to $258,307) and a Cost Award not to exceed $20,00030,000. The Settlement Administrator will pay the Court-Court approved amounts for the Attorney Attorneys Fee Award and Cost Award out of the Gross Settlement FundAmount. The Settlement Administrator may purchase an annuity to utilize US U.S. treasuries and bonds or other attorney attorneys fee deferral vehicles for Class Counsel. Payroll tax withholding and deductions will not be taken from the Attorney Attorneys Fee Award or the Cost Award. IRS Forms 1099 will be issued to Class Counsel with respect to these payments. Class Counsel shall be solely and legally responsible to pay all applicable taxes on the Attorneys Fee and Cost AwardsAward. In the event the Court does not approve the entirety of the application for the Attorney Attorneys Fee Award and/or Cost Award, the Settlement Administrator shall pay whatever amount the Court awards, and neither Defendant nor the Settlement Administrator shall be responsible for paying the difference between the amount requested and the amount awarded. If the amount awarded is less than the amount requested by Class Counsel for the Attorney Attorneys Fee Award and/or Cost Award, the difference shall become part of the NSA and will be distributed available for distribution to Participating Class Members.
Appears in 1 contract
Samples: Settlement Agreement