Awards and Payments Not Material Sample Clauses
Awards and Payments Not Material. The Court’s approvals of the Attorneys’ Fees and Costs Award, or Class Representative Enhancement Payment, requested by Class Counsel are not a material term of this Agreement. If the Court does not approve any or all of such distributions (or approves only a different amount than requested by Class Counsel), the other terms of this Agreement shall apply. Similarly, the approval of LWDA Payment is also not a material term of this Agreement if approved within a 10% variance of the agreed upon amount set forth in Paragraph 36(c) above. The Court’s refusal to approve any or all of such distributions requested by Class Counsel does not give Plaintiff or Class Counsel any basis to abrogate this Agreement. Any amount of such distributions requested by Class Counsel but unapproved by the Court shall be allocated to the Net Settlement Amount. If the approved amount of the LWDA Payment is more than 10% above the agreed upon amount, or more than 10% below the agreed upon amount, the Parties agree to further confer and attempt to negotiate a resolution prior to the abrogation of this Agreement.