Gross Recovery shall include, without limitation, the then present value of any monetary payments agreed or ordered to be made by the adverse parties or their insurance carriers as a result of the Services, whether by settlement, arbitration award, court judgment (after all appeals exhausted), or otherwise. Any statutory Attorneys’ fee paid by Defendants shall be included in calculating the Gross Recovery, however, any such award of Attorneys’ fees shall be proportionately applied as a credit against Client’s obligation to pay its portion of the contingency fee amount and shall not be retained by the Attorneys as a separate payment in addition to the contingency fee.
Gross Recovery means the total recovery, whether obtained by settlement, arbitration award, court judgment following trial or appeal, or otherwise. “Gross recovery” shall include, without limitation, the following: (1) the then-present value of any monetary payments to be made to Client; and (2) the fair market value of any non-monetary property and services to be transferred and/or rendered for the benefit of Client; and (3) any attorney’s fees recovered by Client as part of any cause of action that provides a basis for such an award. “Gross recovery” may come from any source, including, but not limited to, the adverse parties to the Action and/or their insurance carriers and/or any third party, whether or not a party to the Action.
Gross Recovery means the total value received by the City of all Cash Recoveries plus Non-Cash Recoveries, whether awarded by Settlement or Final Judgment.
Examples of Gross Recovery in a sentence
If Client and Attorneys disagree as to the fair market value of any non-monetary property or services included in the Gross Recovery, Attorneys and Client agree that a binding appraisal will be conducted to determine this value.
The Gross Recovery shall include, without limitation, any monetary payments, or the fair market value of any non-monetary property and/or services to be transferred and/or rendered for the benefit of the District, agreed or ordered to be made by the adverse parties or their insurance carriers as a result of the Action, whether by settlement, arbitration award, court judgment (after all appeals exhausted), or otherwise.
District agrees and understands that the Attorneys’ Fees set forth above in Section 5 shall be recoverable to Attorneys in addition to and not withstanding such other fees, and that Attorneys’ Fees are calculated prior to the assessment of any Court ordered assessment, i.e., from the Gross Recovery.
Any statutory attorneys’ fee paid by defendants shall be included in calculating the Gross Recovery.
If there is no Cash Recovery or the Gross Recovery is insufficient to reimburse the firms in full for the Costs advanced, the Firms shall bear the loss for any Costs not reimbursed under this Agreement.
More Definitions of Gross Recovery
Gross Recovery means the gross amount payable by way of Settlement or judgment in respect of the Claims, excluding any costs;
Gross Recovery means the total recovery, whether obtained by settlement, arbitration award, court judgment following trial or appeal, or otherwise. “Gross recovery” shall include, without limitation, the following: (1) the then-present value of any monetary payments to be made to Client; and (2) the fair market value of any non-monetary property and services to be transferred and/or rendered for the benefit of Client; and (3) any attorney’s fees recovered by Client as part of any cause of action that provides a basis for such an award. “Gross recovery” may come from any source, including, but not limited to, the adverse parties to the Action and/or their insurance carriers and/or any third party, whether or not a party to the Action. If Client and Attorneys disagree as to the fair market value of any non-monetary property or services as described above, Attorneys and Client agree that a binding appraisal will be conducted to determine this value. However, regardless of the results of the binding appraisal, the fee associated with non-monetary property or services transferred or rendered for the benefit of the Client shall not, in any case, exceed the amount of the monetary payments made to the Client as part of the governing settlement or judgment. It is possible that payment to the Client by the adverse parties to the Action or their insurance carrier(s) or any third-party may be deferred, as in the case of an annuity, a structured settlement, or periodic payments. In such event, gross recovery will consist of the initial lump sum payment plus the present value (as of the time of the settlement) of the total of all payments to be received thereafter. The contingent fee is calculated, as described above, by multiplying the net recovery by the fee percentage. The Attorneys’ fees will be paid out of the initial lump-sum payment if there are sufficient funds to satisfy the Attorneys’ fee. If there are insufficient funds to pay the Attorneys’ fees in full from the initial lump sum payment, the balance owed to Attorneys will be paid from subsequent payments to Client before there is any distribution to Client.
Gross Recovery shall include, without limitation, the then present value of any monetary payments agreed or ordered to be made by the Defendants, adverse parties, or their insurance carriers as a result of the legal services, whether by settlement, arbitration award, court judgment (after all appeals exhausted), or otherwise. Any statutory Attorneys’ fee paid by Defendants shall be included in calculating the Gross Recovery.
Gross Recovery means a recovery actually obtained and received by you, or any person or party claiming by, through, or under you, of money or property, real or personal and tangible or intangible, or any other benefit, by settlement or judgment or otherwise, on account of any or all of the Client Claims, without deduction of or reduction for “Other Charges” as hereinafter defined, but subject to the provisions of paragraph C below, if applicable. Gross Recovery shall include, but not be limited to, royalties or other periodic payments received under a license or an agreement entered into to settle a dispute with one or more of the Defendants, except as otherwise provided elsewhere in this engagement agreement or the attached Additional Terms of Engagement. In the event a court orders payment of attorneys’ fees, costs or expenses to you or to LAW FIRM as your attorneys in the Matter, the amount of those attorneys’ fees, costs or expenses which are collected shall be included in the “Gross Recovery” for purposes of calculating the percentage fee payable to LAW FIRM hereunder, but LAW FIRM shall not be entitled to receive or retain such court-awarded fees in addition to the applicable percentage specified herein of the total “Net Recovery,” if any, payable to LAW FIRM as a contingent fee hereunder. [***] Confidential treatment has been requested for portions of this exhibit. The copy filed herewith omits the information subject to the confidentiality request. Omissions are designated as [***]. A complete version of this exhibit has been filed separately with the Securities and Exchange Commission. If a Gross Recovery received from any Defendant includes securities or some other non-monetary property or asset, you will have the right, at your election, to treat such securities or other non-monetary property or asset as the equivalent of money in an amount equal to the fair market value thereof as of the date of receipt thereof and to make payment in U.S. Dollars to LAW FIRM of any amounts of such Gross Recovery to which it is entitled under this agreement to pay or reimburse Other Charges or as LAW FIRM’s applicable percentage fee share of any remaining Net Recovery as provided for above. Alternatively, you will have the right, at your election, to transfer or convey to LAW FIRM a share of or interest in such securities or other non-monetary property or assets having a fair market value as of the date of receipt thereof equal to the amount of such Gross Recovery to which LAW...
Gross Recovery means the sum of all cash and other property actually received by the Litigation Trustee (prior to any netting, offset, reduction or deduction of any fees, costs, expenses, payment of taxes or payment of any other amounts) from the prosecution or settlement of the Litigation Claims.
Gross Recovery means the total amount of the recovery before any deductions. The estimated amount of the expenses to handle my case will be set forth in the contingent fee agreement. T he Potential of Costs and Attorney’s Fees Being Awarded to The Opposing Party: I have been informed and understand that a court or arbitrator sometimes awards costs and attorney fees to the opposing party. I have been informed and understand that should that happen in my case, I will be responsible to pay such award. I understand that the fee agreement I enter into with my attorney should provide whether an award against me will be paid out of the proceeds of any amount collected on my behalf. I also understand that the agreement should provide whether the fee I am obligated to pay my attorney will be based on the amount of recovery before or after payment of the awarded costs and attorney fees to an opposing party.
Gross Recovery means all monetary payments made by insurers, or other tangible benefits accepted in lieu of monetary payments, before consideration of any income tax matters. The City will pay the fee related to each such payment by wire transfer or check within ten (10) days after settlement funds have been received; if settlement funds are received by EM in trust for the City, EM similarly will pay the settlement amount (net of fees) to the City by wire transfer or check within ten (10) days after the settlement funds have been received.