Common use of Trustee Evaluation Expenses Clause in Contracts

Trustee Evaluation Expenses. JPMorgan shall pay the reasonable and non- duplicative costs, fees, and expenses (“Evaluation Expenses”) the Trustees incur to evaluate the Settlement, the claims it resolves, and its terms, and JPMorgan shall also pay the reasonable fees of the Expert for calculating the Allocable Shares as set forth in Sections 3.01 and 3.05 and the reasonable fees of a law firm to be jointly retained by the Accepting Trustees for purposes of obtaining the REMIC rulings in accordance with Section 2.09. Any disputes as to the reasonableness of the Trustees’ costs, fees and expenses shall be submitted to Xxxxxx Xxxxx, the settlement mediator, for resolution. Should the Trustees elect to pursue a judicial instruction proceeding, the reasonable and non-duplicative fees and expenses they incur shall constitute Evaluation Expenses. Nothing in this provision shall alter or amend any existing indemnification or reimbursement obligations in any Governing Agreement. No Institutional Investors shall be required to pay any portion of the Trustees’ Evaluation Expenses. Any payments made by JPMorgan pursuant to this paragraph shall not prejudice JPMorgan’s right to assert that such Evaluation Expenses were unreasonable or duplicative or impair its right to seek to recoup such amounts.