Reimbursement of Fees and Expenses The Advisor retains its right to receive reimbursement of any excess expense payments paid by it pursuant to this Agreement under the same terms and conditions as it is permitted to receive reimbursement of reductions of its investment management fee under the Investment Advisory Agreement.
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, Crest shall reimburse Xxxxxxxx’x counsel for fees and costs incurred as a result of investigating and bringing this matter to Crest’s attention, and negotiating a settlement in the public interest. Within ten (10) days of the Effective Date, Crest shall issue a check payable to “Xxxxxxx & Xxxxx, LLC” in the amount of $5,500.00 for delivery to the address identified in § 3.2(a)(i), above.
