Attorneys’ Fees/Costs and Class Representative Enhancement Sample Clauses

Attorneys’ Fees/Costs and Class Representative Enhancement. A. Defendant understands that Settlement Class Counsel will file an application for an award of attorneys’ fees and cost reimbursement in an amount not to exceed $9,975,000 million. Defendant agrees not to object to such application up to such amount, and Settlement Class Counsel agrees to not file an application seeking more than such amount. For purposes of this Settlement only, Xxxxxxxxx agrees not to object to Plaintiff seeking attorneys’ fees and cost reimbursement under the CLRA, Civil Code, § 1780(e) and Code of Civil Procedure, § 1021.5. Settlement Class Counsel shall file their fee and cost reimbursement application at least thirty (30) calendar days before the Final Approval Hearing. In the event that this Settlement does not receive Final Approval from the Court (or if a final approval order is reversed on appeal), no Party shall use this provision or the award of attorneys’ fees, costs, and expenses for any purpose whatsoever in the Action or in any other action or proceeding.
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Attorneys’ Fees/Costs and Class Representative Enhancement. 1. Class Counsel may move the Court for an award of attorneys’ fees of no more than 25% of the Settlement Fund, totaling Seven Hundred Twenty Five Thousand Dollars ($725,000 USD), to be paid to Class Counsel from the Settlement Fund to the extent approved by the Court. Class Counsel may also move the Court for an award of reasonable costs and expenses incurred in prosecuting the Action up to One Hundred Fifty Thousand Dollars ($150,000 USD), to be paid to Class Counsel from the Settlement Fund to the extent approved by the Court. Any such motion shall be noticed for the same date as the Fairness Hearing and filed at least sixty days (60) days before the Fairness Hearing. Defendant reserves the right to object to the motions filed by Class Counsel for attorneys’ fees and/or costs and expenses. Class Counsel shall not be entitled to interest on any amount sought at any time. The actual amount of attorneys’ fees, costs, and expenses to be awarded is in the discretion of the Court. Court approval of attorneys’ fees, costs, and expenses, or their amount, will not be a condition of the Settlement. In the event the Court declines to approve, in whole or in part, the payment of attorneys’ fees, expenses, and costs in the amounts requested, the remaining provisions of this Agreement shall remain in full force and effect, and the unawarded amounts (if any) will remain as part of the Settlement Fund without reverting to Defendant.
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Attorneys’ Fees/Costs and Class Representative Enhancement. 1. Plaintiffs shall move the Court for an award of attorneys’ fees, plus costs, to be paid to Class Counsel from the Settlement Fund, which shall be noticed for the same date as the Fairness Hearing and filed at least thirty-five (35) days before the Objection/Exclusion Deadline. Defendant shall not object to such a motion so long as the amount requested for attorneys’ fees is less than or equal to One Million Nine Hundred Fifty Thousand Dollars ($1,950,000.00 USD), which is 30% of the value of the Settlement Fund, plus costs. Court approval of attorneys’ fees and costs, or their amount, will not be a condition of the Settlement. In addition, Class Counsel shall not be entitled to interest on such amount at any time.
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Attorneys’ Fees/Costs and Class Representative Enhancement. 1. Plaintiffs shall move the Court for an award of attorneys’ fees, plus costs, to be paid to Class Counsel, which shall be noticed for the same date as the Fairness Hearing and filed at least thirty-five (35) days before the Objection/Exclusion Deadline. Defendant shall not object to such a motion so long as the total amount requested for attorneys’ fees is less than or equal to Six Hundred and Fifty Thousand Dollars ($650,000 US). If approved by the Court, Three Hundred and Thirty-Three Thousand Dollars ($333,000 USD), which is 33.3% of the Non- Rewards Member Settlement Fund, plus any costs and fees requested by Class Counsel and approved by the Court, will be paid out of the Non-Rewards Member Settlement Fund, and Defendant will pay the additional Three Hundred Twelve Thousand Dollars ($312,000 USD) separately. Court approval of attorneys’ fees and costs, or their amount, will not be a condition of the Settlement. If the Court reduces the attorneys’ fee by any amount, the attorneys’ fee amount paid from the Non-Rewards Member Settlement Fund and the attorneys’ fee amount separately paid by Defendant shall each be reduced in proportion to the reduction in the total attorneys’ fee request. In addition, Class Counsel shall not be entitled to interest on such amount at any time.
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Related to Attorneys’ Fees/Costs and Class Representative Enhancement

  • Payment of Extraordinary Education Related Expenses Section 5.1. PAYMENT OF EXTRAORDINARY EDUCATION-RELATED EXPENSES. In addition to the amounts determined pursuant to Articles IV and VI of this Agreement, Applicant on an annual basis shall also indemnify and reimburse District for all non-reimbursed costs, certified by the District’s external auditor to have been incurred by the District for extraordinary education-related expenses directly and solely related to the project that are not directly funded in state aid formulas, including expenses for the purchase of portable classrooms and the hiring of additional personnel to accommodate a temporary increase in student enrollment caused directly by such project. Applicant shall have the right to contest the findings of the District’s external auditor pursuant to Section 4.9 above.

  • ATTORNEYS’ FEES, COSTS, AND EXPENSES In any action or proceeding between Borrower and Bank arising out of or relating to the Loan Documents, the prevailing party shall be entitled to recover its reasonable attorneys’ fees and other costs and expenses incurred, in addition to any other relief to which it may be entitled.

  • Reimbursement of Eligible Costs To be eligible for reimbursement, the Engineer's costs must (1) be incurred in accordance with the terms of a valid work authorization; (2) be in accordance with Attachment E, Fee Schedule; and (3) comply with cost principles set forth at 48 CFR Part 31, Federal Acquisition Regulation (FAR 31). Satisfactory progress of work shall be maintained as a condition of payment.

  • Reimbursement of Attorneys’ Fees and Costs The Parties acknowledge that Xxxxxxx and his counsel offered to resolve this dispute without reaching terms on the amount of fees and costs to be reimbursed to them, thereby leaving the issue to be resolved after the material terms of the agreement had been settled.

  • ATTORNEY’S FEES; COSTS Should litigation be necessary to enforce any terms or provisions of this Agreement, then each party shall bear its own litigation and collection expenses, witness fees, court costs and attorney’s fees.

  • REIMBURSEMENT OF FEES AND COSTS The Parties acknowledge that Xxxxxxxx and his counsel offered to reach preliminary agreement on the material terms of this dispute before reaching terms on the amount of fees and costs to be reimbursed to them. The Parties thereafter reached an accord on the compensation due to Xxxxxxxx and his counsel under general contract principles and the private attorney general doctrine and principles codified at California Code of Civil Procedure § 1021.5, for all work performed through the mutual execution of this agreement. Under these legal principles, X. Xxxxx shall reimburse Xxxxxxxx’x counsel for fees and costs incurred as a result of investigating and bringing this matter to X. Xxxxx’x attention, and negotiating a settlement in the public interest. Within ten (10) days of the Effective Date, X. Xxxxx shall issue a check payable to “Xxxxxxx Xxxxx” in the amount of $16,500.00 for delivery to the address identified in Section 3.2(a)(i), above.

  • Indirect Costs If indirect costs are charged, the Subrecipient will develop an indirect cost allocation plan for determining the appropriate Grantee share of administrative costs and shall submit such plan to the Grantee for approval.

  • Class, Collective and Representative Action Waiver THE PARTIES AGREE THAT COVERED CLAIMS WILL, AT EITHER PARTY’S ELECTION, ONLY BE ARBITRATED ON AN INDIVIDUAL BASIS AND THAT EACH WAIVES THE RIGHT TO PARTICIPATE IN OR RECEIVE COMPENSATION FROM ANY CLASS, COLLECTIVE OR REPRESENTATIVE PROCEEDING. NO PARTY MAY BRING A CLAIM ON BEHALF OF OTHER INDIVIDUALS; ANY ARBITRATOR HEARING A COVERED CLAIM MAY NOT COMBINE MORE THAN ONE INDIVIDUAL’S CLAIM OR CLAIMS INTO A SINGLE CASE OR TO ARBITRATE ANY FORM OF A CLASS, COLLECTIVE OR REPRESENTATIVE PROCEEDING. SHOULD ANY PORTION OF THE FOREGOING WAIVER BE FOUND INVALID, THE REMAINING PORTION THAT IS VALID WILL BE ENFORCED TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW.

  • Fees, Costs and Expenses All fees, costs and expenses (including attorneys’ fees and expenses) incurred by any party hereto in connection with the preparation, negotiation and execution of this Agreement and the exhibits and schedules hereto and the consummation of the transactions contemplated hereby and thereby shall be the sole and exclusive responsibility of such party. In addition, the Company will pay the costs associated with any filings with, or compliance with any of the requirements of any governmental authorities.

  • Treatment of Unallowable Costs Previously Submitted for Payment Defendants further agree that within 90 days of the Effective Date of this Agreement they shall identify to applicable Medicare and TRICARE fiscal intermediaries, carriers, and/or contractors, and Medicaid and FEHBP fiscal agents, any Unallowable Costs (as defined in this Paragraph) included in payments previously sought from the United States, or any State Medicaid program, including, but not limited to, payments sought in any cost reports, cost statements, information reports, or payment requests already submitted by Defendants or any of their subsidiaries or affiliates, and shall request, and agree, that such cost reports, cost statements, information reports, or payment requests, even if already settled, be adjusted to account for the effect of the inclusion of the Unallowable Costs. Defendants agree that the United States, at a minimum, shall be entitled to recoup from Defendants any overpayment plus applicable interest and penalties as a result of the inclusion of such Unallowable Costs on previously-submitted cost reports, information reports, cost statements, or requests for payment. Any payments due after the adjustments have been made shall be paid to the United States pursuant to the direction of the Department of Justice and/or the affected agencies. The United States reserves its rights to disagree with any calculations submitted by Defendants or any of their subsidiaries or affiliates on the effect of inclusion of Unallowable Costs (as defined in this Paragraph) on Defendants or any of their subsidiaries or affiliates’ cost reports, cost statements, or information reports.

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