Settlement Independent of Award of Fees. Costs and Payment to Class Representative. The awards of attorneys’ fees, costs, and payment to the Class Representative set forth in Sections 4.01 and 4.02 are subject to and dependent upon the Court’s approval. This Settlement, however, is not dependent or conditioned upon the Court’s approving Plaintiff’s requests for an award of attorneys’ fees and costs or such payments or awarding the particular amounts sought by Plaintiff and Class Counsel. If the Court declines Plaintiff’s or Class Counsel’s requests or awards less than the amounts sought, this Settlement will continue to be effective and enforceable by the Parties.
Settlement Independent of Award of Fees. Costs of Suit, and Plaintiff/Class Representative Payment. The payments of attorneys’ fees, costs, and Plaintiff/Class Representative Payment set forth in Sections 6.01 and 6.02 are subject to and dependent upon the Court’s approval that such is fair, reasonable, adequate and in the best interests of Class Members. The Settlement with the Class Representative and Settlement Class Members is not dependent upon the Court’s approving Class Counsel’s requests for such payments or awarding the particular amounts sought by Class Counsel. In the event the Court approves the Settlement but declines to award Class Counsels’ fees and costs or the Plaintiff/Class Representative Payment in the amount requested by Class Counsel, the Settlement will nonetheless be binding on the Parties and the Settlement Class Members. This Section 6.03, however, shall be binding on the Parties only in the event that the Court determines that the Class Counsels’ fees and costs or the Plaintiff/Class Representative Payment in the amount requested by Class Counsel is too high or if the Parties and the Court agree upon an amended amount.
