Common use of Separate Consideration Clause in Contracts

Separate Consideration. The procedure for and allowance or disallowance by the Court of Plaintiffs’ application for attorneys’ fees and litigation expenses and for Service Awards are a separate part of the Settlement set forth in this Settlement Agreement, but are separate from the Court’s consideration of the fairness, reasonableness and adequacy of the Settlement set forth in this Settlement Agreement. Any order or proceeding relating to any application for attorneys’ fees, litigation expenses in an amount less than the amount requested by Plaintiffs’ Counsel or request for Service Awards, or any appeal from any order relating thereto or reversal or modification, thereof, shall not operate to terminate or cancel the Settlement Agreement, or affect or delay the finality of the Final Order approving the Settlement Agreement and the Settlement set forth herein. If at the time of any disbursement from the Settlement Fund Account there shall be a pending application for attorneys’ fees or expenses or Service Awards, there shall be reserved in the Settlement Fund Account an amount equal to the amount of the pending application, until such time as the Court shall rule upon such application and such ruling shall become Final.

Separate Consideration. The procedure for and allowance or disallowance by the Court of Plaintiffs’ Plaintiff’s application for attorneys’ fees and litigation expenses and for the Service Awards Award are a separate part of the Settlement set forth in this Settlement Agreement, but are separate from the Court’s consideration of the fairness, reasonableness and adequacy of the Settlement set forth in this Settlement Agreement. Any order or proceeding relating to any application for attorneys’ fees, litigation expenses in an amount less than the amount requested by Plaintiffs’ Plaintiff’s Counsel or request for the Service AwardsAward, or any appeal from any order relating thereto or reversal or modification, thereof, shall not operate to terminate or cancel the Settlement Agreement, or affect or delay the finality of the Final Order approving the Settlement Agreement and the Settlement set forth herein. If at the time of any disbursement from the Settlement Fund Account there shall be a pending application for attorneys’ fees or expenses or the Service AwardsAward, there shall be reserved in the Settlement Fund Account an amount equal to the amount of the pending application, until such time as the Court shall rule upon such application and and, with respect to the Service Award, such ruling shall become Final.