Common use of Separate Consideration Clause in Contracts

Separate Consideration. The procedure for and allowance or disallowance by the Court of Plaintiff’s application for attorneys’ fees and litigation expenses and for the Service 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 Plaintiff’s Counsel or request for the Service Award, 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 Award, 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, with respect to the Service Award, such ruling shall become Final.

Separate Consideration. The procedure for and allowance or disallowance by the Court of Plaintiff’s Plaintiffs’ application for attorneys’ fees and litigation expenses and for the Service Award 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 Plaintiff’s Plaintiffs’ Counsel or request for the Service AwardAwards, 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 AwardAwards, 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, with respect to the Service Award, and such ruling shall become Final.