Common use of Application for Attorneys’ Fees, Expenses, and Incentive Awards for Plaintiffs Clause in Contracts

Application for Attorneys’ Fees, Expenses, and Incentive Awards for Plaintiffs. Class Counsel shall petition the Court for the Total Award on the date set by the Court in its Preliminary Approval Order. Defendants and the Releasees expressly agree not to contest or take any position with respect to any application that does not exceed the Maximum Total Award, and acknowledge that these matters are left to the sound discretion of the Court. The procedure for and the allowance or disallowance of any application that does not exceed the Maximum Total Award are matters separate and apart from the Settlement and shall be requested to be considered by the Court separately from the Court’s consideration of the fairness, reasonableness, and adequacy of the Settlement. Any order or proceeding relating solely to a Total Award that does not exceed the Maximum Total Award, or any appeal from any order relating thereto, or any reversal or modification thereof, shall have no effect on the Settlement and shall not operate to, or be grounds to, terminate or cancel the Settlement Agreement or to affect or delay the finality of the Final Approval Order or Judgment.

Appears in 4 contracts

Samples: Class Action Settlement Agreement, Settlement Agreement, Settlement Agreement

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