Common use of To Class Counsel Clause in Contracts

To Class Counsel. Class Counsel will apply to the Court for, and Xxxxxxxxx agrees not to oppose, a total Attorney Fee Award not to exceed one-third (1/3), or $108,333.33, of the Gross Settlement Amount and a Cost Award not to exceed $20,000.00. The Settlement Administrator will pay the Court- approved amounts for the Attorney Fee Award and Cost Award out of the Gross Settlement Amount. The Settlement Administrator may purchase an annuity to utilize U.S. treasuries and bonds or other attorney fee deferral vehicles for Class Counsel. Payroll tax withholding and deductions will not be taken from the Attorney Fee Award or the Cost Award. IRS Forms 1099 will be issued to Class Counsel with respect to these payments. In the event the Court does not approve the entirety of the application for the Attorney Fee Award and/or Cost Award, the Settlement Administrator shall pay whatever amount the Court awards, and neither Defendant nor the Settlement Administrator shall be responsible for paying the difference between the amount requested and the amount awarded. If the amount awarded is less than the amount requested by Class Counsel for the Attorney Fee Award and/or Cost Award, the difference shall become part of the Net Settlement Amount and be available for distribution to Participating Class Members. Any reduction by the Court of the amount requested by Class Counsel for the Attorney Fee Award and/or Cost Award shall not be sufficient grounds to void the Settlement. The attorneys’ fees paid pursuant to this Settlement Agreement shall be inclusive of all fees in this matter. Defendant shall bear its own attorneys’ fees and costs. / / / / / /

Appears in 1 contract

Samples: Joint Stipulation and Settlement Agreement

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To Class Counsel. Class Counsel will apply to the Court for, and Xxxxxxxxx agrees not to oppose, a total Attorney Fee Award not to exceed onethirty-third five percent (1/3), 35%) or $108,333.33, 665,000 of the Gross Settlement Amount GSA and a Cost Award not to exceed $20,000.0020,000. The Settlement Administrator will pay the Court- Court-approved amounts for the Attorney Fee Award and Cost Award out of the Gross Settlement AmountFund. The Settlement Administrator may purchase an annuity to utilize U.S. US treasuries and bonds or other attorney fee deferral vehicles for Class Counsel. Payroll tax withholding and deductions will not be taken from the Attorney Fee Award or the Cost Award. IRS Forms 1099 will be issued to Class Counsel with respect to these payments. Class Counsel shall be solely and legally responsible to pay all applicable taxes on the Fee and Cost Awards. In the event the Court does not approve the entirety of the application for the Attorney Fee Award and/or Cost Award, the Settlement Administrator shall pay whatever amount the Court awards, and neither Defendant nor the Settlement Administrator shall be responsible for paying the difference between the amount requested and the amount awarded. If the amount awarded is less than the amount requested by Class Counsel for the Attorney Fee Award and/or Cost Award, the difference shall become part of the Net Settlement Amount NSA and will be available for distribution distributed to Participating Class Members. Any reduction by the Court of the amount requested by Class Counsel for the Attorney Fee Award and/or Cost Award shall not be sufficient grounds to void the Settlement. The attorneys’ fees paid pursuant to this Settlement Agreement shall be inclusive of all fees in this matter. Defendant shall bear its own attorneys’ fees and costs. / / / / / /.

Appears in 1 contract

Samples: Joint Stipulation and Settlement Agreement

To Class Counsel. Class Counsel will apply to the Court for, and Xxxxxxxxx Defendant agrees not to oppose, a total Attorney Fee Award not to exceed onethirty-third five percent (1/3), 38%) or $108,333.33, 760,000 of the Gross Settlement Amount GSA and a Cost Award not to exceed $20,000.0025,000. The Settlement Administrator will pay the Court- court- approved amounts for the Attorney Fee Award and Cost Award out of the Gross Settlement AmountFund. The Settlement Administrator may purchase an annuity to utilize U.S. US treasuries and bonds or other attorney fee deferral vehicles for Class Counsel. Payroll tax withholding and deductions will not be taken from the Attorney Fee Award or the Cost Award. IRS Forms 1099 will be issued to Class Counsel with respect to these payments. In the event the Court does not approve the entirety of the application for the Attorney Fee Award and/or Cost Award, the Settlement Administrator shall pay whatever amount the Court awards, and neither Defendant nor the Settlement Administrator shall be responsible for paying the difference between the amount requested and the amount awarded. If the amount awarded is less than the amount requested by Class Counsel for the Attorney Fee Award and/or Cost Award, the difference shall become part of the Net Settlement Amount NSA and be available for distribution to Participating Class Members. Any reduction by the Court of the amount requested by Class Counsel for the Attorney Fee Award and/or Cost Award shall not be sufficient grounds to void the Settlement. The attorneys’ fees paid pursuant to this Settlement Agreement shall be inclusive of all fees in this matter. Defendant shall bear its own attorneys’ fees and costs. / / / / / /.

Appears in 1 contract

Samples: Joint Stipulation and Settlement Agreement

To Class Counsel. Class Counsel will apply to the Court for, and Xxxxxxxxx agrees Defendants agree not to oppose, a total Attorney Fee Award not to exceed one-third (1/3), 1/3 or $108,333.33, 176,666.67) of the Gross Settlement Amount GSA and a Cost Award not to exceed Fifteen Thousand Dollars ($20,000.0015,000.00). The Settlement Administrator will pay the Court- court-approved amounts for the Attorney Fee Award and Cost Award out of the Gross Settlement Amount. The Settlement Administrator may purchase an annuity to utilize U.S. US treasuries and bonds or other attorney fee deferral vehicles for Class Counsel. Payroll tax withholding and deductions will not be taken from the Attorney Fee Award or the Cost Award. IRS Forms 1099 will be issued to Class Counsel with respect to these paymentsthe Attorney Fee Award. In the event the Court does not approve the entirety of the application for the Attorney Fee Award and/or Cost Award, the Settlement Administrator shall pay whatever amount the Court awards, and neither Defendant Defendants nor the Settlement Administrator shall be responsible for paying the difference between the amount requested and the amount awarded. If the amount awarded is less than the amount requested by Class Counsel for the Attorney Fee Award and/or Cost Award, the difference shall become part of the Net Settlement Amount NSA and be available for distribution to Participating Class Members. Any reduction by the Court of the amount requested by Class Counsel for the Attorney Fee Award and/or Cost Award shall not be sufficient grounds to void the Settlement. The attorneys’ fees paid pursuant to this Settlement Agreement shall be inclusive of all fees in this matter. Defendant shall bear its own attorneys’ fees and costs. / / / / / /.

Appears in 1 contract

Samples: Joint Stipulation and Settlement Agreement

To Class Counsel. Class Counsel will apply to the Court for, and Xxxxxxxxx agrees Defendant agree not to oppose, a total Attorney Fee Award not to exceed onethirty-third five percent (1/3), 35%) or $108,333.33, 70,000 of the Gross Settlement Amount MSA and a Cost Award not to exceed $20,000.0020,000. The Settlement Administrator will pay the Court- court-approved amounts for the Attorney Fee Award and Cost Award out of the Gross Maximum Settlement Amount. The Settlement Administrator may purchase an annuity to utilize U.S. US treasuries and bonds or other attorney fee deferral vehicles for Class Counsel. Payroll tax withholding and deductions will not be taken from the Attorney Fee Award or the Cost Award. IRS Forms 1099 will be issued to Class Counsel with respect to these payments. In the event the Court does not approve the entirety of the application for the Attorney Fee Award and/or Cost Award, the Settlement Administrator shall pay whatever amount the Court awards, and neither Defendant nor the Settlement Administrator shall be responsible for paying the difference between the amount requested and the amount awarded. If the amount awarded is less than the amount requested by Class Counsel for the Attorney Fee Award and/or Cost Award, the difference shall become part of the Net Settlement Amount NSA and be available for distribution to Participating Class Members. Any reduction by the Court of the amount requested by Class Counsel for the Attorney Fee Award and/or Cost Award shall not be sufficient grounds to void the Settlement. The attorneys’ fees paid pursuant to this Settlement Agreement shall be inclusive of all fees in this matter. Defendant Except as provided herein, each side shall bear its own attorneys’ fees and costs. / / / / / /.

Appears in 1 contract

Samples: Joint Stipulation and Settlement Agreement

To Class Counsel. At the Final Approval Hearing, Class Counsel will apply to the Court for, and Xxxxxxxxx agrees not to oppose, a total Attorney for an Attorneys Fee Award not to exceed one-third (1/3), or $108,333.33, 1/3 of the Gross Settlement Amount GSA (which equates to $100,000) and a Cost Award not to exceed $20,000.0020,000. Defendants shall not oppose this request. The Settlement Administrator will pay the Court- Court approved amounts for the Attorney Attorneys Fee Award and Cost Award out of the Gross Settlement Amount. The Settlement Administrator may purchase an annuity to utilize U.S. treasuries and bonds or other attorney fee deferral vehicles for Class Counsel. Payroll tax withholding and deductions will not be taken from the Attorney Attorneys Fee Award or the Cost Award. IRS Forms 1099 will be issued to Class Counsel with respect to these paymentsthe Attorneys Fee Award. In the event the Court does not approve the entirety of the application for the Attorney Attorneys Fee Award and/or Cost Award, the Settlement Administrator shall pay whatever amount the Court awards, and neither Defendant Defendants nor the Settlement Administrator shall be responsible for paying the difference between the amount requested and the amount awarded. If the amount awarded is less than the amount requested by Class Counsel for the Attorney Attorneys Fee Award and/or Cost Award, the difference shall become part of the Net Settlement Amount NSA and be available for distribution to Participating Class Members. Any reduction by the Court of the amount requested by Class Counsel for the Attorney Fee Award and/or Cost Award shall not be sufficient grounds to void the Settlement. The attorneys’ fees paid pursuant to this Settlement Agreement shall be inclusive of all fees in this matter. Defendant shall bear its own attorneys’ fees and costs. / / / / / /.

Appears in 1 contract

Samples: Joint Stipulation and Settlement Agreement

To Class Counsel. Class Counsel will apply to the Court for, and Xxxxxxxxx agrees not to oppose, a total Attorney Fee Award not to exceed onethirty-third five percent (1/3), 35%) or $108,333.33, 700,000 of the Gross Settlement Amount GSA and a Cost Award not to exceed $20,000.0025,000. The Settlement Administrator will pay the Court- Court-approved amounts for the Attorney Fee Award and Cost Award out of the Gross Settlement AmountFund. The Settlement Administrator may purchase an annuity to utilize U.S. US treasuries and bonds or other attorney fee deferral vehicles for Class Counsel. Payroll tax withholding and deductions will not be taken from the Attorney Fee Award or the Cost Award. IRS Forms 1099 will be issued to Class Counsel with respect to these payments. Class Counsel shall be solely and legally responsible to pay all applicable taxes on the Fee and Cost Awards. In the event the Court does not approve the entirety of the application for the Attorney Fee Award and/or Cost Award, the Settlement Administrator shall pay whatever amount the Court awards, and neither Defendant nor the Settlement Administrator shall be responsible for paying the difference between the amount requested and the amount awarded. If the amount awarded is less than the amount requested by Class Counsel for the Attorney Fee Award and/or Cost Award, the difference shall become part of the Net Settlement Amount NSA and will be available for distribution distributed to Participating Class Members. Any reduction by the Court of the amount requested by Class Counsel for the Attorney Fee Award and/or Cost Award shall not be sufficient grounds to void the Settlement. The attorneys’ fees paid pursuant to this Settlement Agreement shall be inclusive of all fees in this matter. Defendant shall bear its own attorneys’ fees and costs. / / / / / /.

Appears in 1 contract

Samples: Joint Stipulation and Settlement Agreement

To Class Counsel. Class Counsel will apply to the Court for, and Xxxxxxxxx agrees not to oppose, a total Attorney Fee Award not to exceed onethirty-third eight percent (1/3), 38%) or $108,333.33, 760,000.00 of the Gross Settlement Amount and a Cost Award not to exceed $20,000.0025,000.00. The Settlement Administrator will pay the Court- Court-approved amounts for the Attorney Fee Award and Cost Award out of the Gross Settlement Amount. The Settlement Administrator may purchase an annuity to utilize U.S. treasuries and bonds or other attorney fee deferral vehicles for Class Counsel. Payroll tax withholding and deductions will not be taken from the Attorney Fee Award or the Cost Award. IRS Forms 1099 will be issued to Class Counsel with respect to these payments. In the event the Court does not approve the entirety of the application for the Attorney Fee Award and/or Cost Award, the Settlement Administrator shall pay whatever amount the Court awards, and neither Defendant nor the Settlement Administrator shall be responsible for paying the difference between the amount requested and the amount awarded. If the amount awarded is less than the amount requested by Class Counsel for the Attorney Fee Award and/or Cost Award, the difference shall become part of the Net Settlement Amount and be available for distribution to Participating Class Members. Any reduction by the Court of the amount requested by Class Counsel for the Attorney Fee Award and/or Cost Award shall not be sufficient grounds to void the Settlement. The attorneys’ fees paid pursuant to this Settlement Agreement shall be inclusive of all fees in this matter. Defendant Except as provided herein, each side shall bear its own attorneys’ fees and costs. / / / / / /.

Appears in 1 contract

Samples: Joint Stipulation and Settlement Agreement

To Class Counsel. Class Counsel will apply to the Court for, and Xxxxxxxxx agrees not to oppose, a total Attorney Fee Award not to exceed onethirty-third five percent (1/335%), or $108,333.33700,000.00, of the Gross Settlement Amount and a Cost Award not to exceed $20,000.0030,000.00. The Settlement Administrator will pay the Court- Court-approved amounts for the Attorney Fee Award and Cost Award out of the Gross Settlement Amount. The Settlement Administrator may purchase an annuity to utilize U.S. treasuries and bonds or other attorney fee deferral vehicles for Class Counsel. Payroll tax withholding and deductions will not be taken from the Attorney Fee Award or the Cost Award. IRS Forms 1099 will be issued to Class Counsel with respect to these payments. In the event the Court does not approve the entirety of the application for the Attorney Fee Award and/or Cost Award, the Settlement Administrator shall pay whatever amount the Court awards, and neither Defendant nor the Settlement Administrator shall be responsible for paying the difference between the amount requested and the amount awarded. If the amount awarded is less than the amount requested by Class Counsel for the Attorney Fee Award and/or Cost Award, the difference shall become part of the Net Settlement Amount and be available for distribution to Participating Class Members. Any reduction by the Court of the amount requested by Class Counsel for the Attorney Fee Award and/or Cost Award shall not be sufficient grounds to void the Settlement. The attorneys’ fees paid pursuant to this Settlement Agreement shall be inclusive of all fees in this matter. Defendant shall bear its their own attorneys’ fees and costs. / / / / / /.

Appears in 1 contract

Samples: Joint Stipulation and Settlement Agreement

To Class Counsel. Class Counsel will apply to the Court for, and Xxxxxxxxx Defendant agrees not to oppose, a total Attorney Fee Award not to exceed one-third (1/3), 33.33% percent or $108,333.33, 371,630 of the Gross Settlement Amount GSA and a Cost Award not to exceed $20,000.0040,000. The Settlement Administrator will pay the Court- court-approved amounts for the Attorney Fee Award and Cost Award out of the Gross Settlement AmountFund. The Settlement Administrator may purchase an annuity to utilize U.S. US treasuries and bonds or other attorney fee deferral vehicles for Class Counsel. Payroll tax withholding and deductions will not be taken from the Attorney Fee Award or the Cost Award. IRS Forms 1099 will be issued to Class Counsel with respect to these paymentsthe Attorney Fee Award. In the event the Court does not approve the entirety of the application for the Attorney Fee Award and/or Cost Award, the Settlement Administrator shall pay whatever amount the Court awards, and neither Defendant nor the Settlement Administrator shall be responsible for paying the difference between the amount requested and the amount awarded. If the amount awarded is less than the amount requested by Class Counsel for the Attorney Fee Award and/or Cost Award, the difference shall become part of the Net Settlement Amount NSA and be available for distribution to Participating Class Members. Any reduction by the Court of the amount requested by Class Counsel for the Attorney Fee Award and/or Cost Award shall not be sufficient grounds to void the Settlement. The attorneys’ fees paid pursuant to this Settlement Agreement shall be inclusive of all fees in this matter. Defendant shall bear its own attorneys’ fees and costs. / / / / / /.

Appears in 1 contract

Samples: Settlement and Release Agreement

To Class Counsel. Class Counsel will apply to the Court for, and Xxxxxxxxx agrees Defendant agree not to oppose, a total Attorney Fee Award not to exceed one-third (1/3), or $108,333.33375,000.00, of the Gross Settlement Amount and a Cost Award not to exceed $20,000.00. The Settlement Administrator will pay the Court- approved amounts for the Attorney Fee Award and Cost Award out of the Gross Settlement Amount. The Settlement Administrator may purchase an annuity to utilize U.S. treasuries and bonds or other attorney fee deferral vehicles for Class Counsel. Payroll tax withholding and deductions will not be taken from the Attorney Fee Award or the Cost Award. IRS Forms 1099 will be issued to Class Counsel with respect to these payments. In the event the Court does not approve the entirety of the application for the Attorney Fee Award and/or Cost Award, the Settlement Administrator shall pay whatever amount the Court awards, and neither Defendant nor the Settlement Administrator shall be responsible for paying the difference between the amount requested and the amount awarded. If the amount awarded is less than the amount requested by Class Counsel for the Attorney Fee Award and/or Cost Award, the difference shall become part of the Net Settlement Amount and be available for distribution to Participating Class Members. Any reduction by the Court of the amount requested by Class Counsel for the Attorney Fee Award and/or Cost Award shall not be sufficient grounds to void the Settlement. The attorneys’ fees paid pursuant to this Settlement Agreement shall be inclusive of all fees in this matter. Defendant shall bear its their own attorneys’ fees and costs. / / / / / /

Appears in 1 contract

Samples: Joint Stipulation and Settlement Agreement

To Class Counsel. Class Counsel will apply to the Court for, and Xxxxxxxxx Defendant agrees not to oppose, a total Attorney Fee Award not to exceed onethirty-third eight percent (1/3), 38%) or $108,333.33, 760,000.00 of the Gross Settlement Amount and a Cost Award not to exceed $20,000.0025,000.00. The Settlement Administrator will pay the Court- Court-approved amounts for the Attorney Fee Award and Cost Award out of the Gross Settlement Amount. The Settlement Administrator may purchase an annuity to utilize U.S. treasuries and bonds or other attorney fee deferral vehicles for Class Counsel. Payroll tax withholding and deductions will not be taken from the Attorney Fee Award or the Cost Award. IRS Forms 1099 will be issued to Class Counsel with respect to these payments. In the event the Court does not approve the entirety of the application for the Attorney Fee Award and/or Cost Award, the Settlement Administrator shall pay whatever amount the Court awards, and neither Defendant nor the Settlement Administrator shall be responsible for paying the difference between the amount requested and the amount awarded. If the amount awarded is less than the amount requested by Class Counsel for the Attorney Fee Award and/or Cost Award, the difference shall become part of the Net Settlement Amount and be available for distribution to Participating Class Members. Any reduction by the Court of the amount requested by Class Counsel for the Attorney Fee Award and/or Cost Award shall not be sufficient grounds to void the Settlement. The attorneys’ fees paid pursuant to this Settlement Agreement shall be inclusive of all fees in this matter. Defendant Except as provided herein, each side shall bear its own attorneys’ fees and costs. / / / / / /.

Appears in 1 contract

Samples: Joint Stipulation and Settlement Agreement

To Class Counsel. Class Counsel will apply to the Court for, and Xxxxxxxxx Defendant agrees not to oppose, a total Attorney Fee Award not to exceed onethirty-third eight percent (1/338%), or $108,333.331,159,000, of the Gross Settlement Amount and a Cost Award not to exceed $20,000.0025,000.00. The Settlement Administrator will pay the Court- Court-approved amounts for the Attorney Fee Award and Cost Award out of the Gross Settlement Amount. The Settlement Administrator may purchase an annuity to utilize U.S. treasuries and bonds or other attorney fee deferral vehicles for Class Counsel. Payroll tax withholding and deductions will not be taken from the Attorney Fee Award or the Cost Award. IRS Forms 1099 will be issued to Class Counsel with respect to these payments. In the event the Court does not approve the entirety of the application for the Attorney Fee Award and/or Cost Award, the Settlement Administrator shall pay whatever amount the Court awards, and neither Defendant nor the Settlement Administrator shall be responsible for paying the difference between the amount requested and the amount awarded. If the amount awarded is less than the amount requested by Class Counsel for the Attorney Fee Award and/or Cost Award, the difference shall become part of the Net Settlement Amount and be available for distribution to Participating Class Members. Any reduction by the Court of the amount requested by Class Counsel for the Attorney Fee Award and/or Cost Award shall not be sufficient grounds to void the Settlement. The attorneys’ fees paid pursuant to this Settlement Agreement shall be inclusive of all fees in this matter. Defendant Except as provided herein, each side shall bear its own attorneys’ fees and costs. / / / / / /.

Appears in 1 contract

Samples: Joint Stipulation and Settlement Agreement

To Class Counsel. Class Counsel will apply to the Court for, and Xxxxxxxxx agrees Defendant agree not to oppose, a total Attorney Fee Award not to exceed one-third $157,500 (1/3), or $108,333.33, 35% of the Gross Settlement Amount GSA) and a Cost Award not to exceed $20,000.0025,000. The Settlement Administrator will pay the Court- court-approved amounts for the Attorney Fee Award and Cost Award out of the Gross Settlement Amount. The Settlement Administrator may purchase an annuity to utilize U.S. US treasuries and bonds or other attorney fee deferral vehicles for Class Counsel. Payroll tax withholding and deductions will not be taken from the Attorney Fee Award or the Cost Award. IRS Forms 1099 will be issued to Class Counsel with respect to these payments. In the event If the Court does not approve the entirety of the application for the Attorney Fee Award and/or Cost Award, the Settlement Administrator shall pay whatever amount the Court awards, and neither Defendant nor the Settlement Administrator shall be responsible for paying the difference between the amount requested and the amount awarded. If the amount awarded is less than the amount requested by Class Counsel for the Attorney Fee Award and/or Cost Award, the difference shall become part of the Net Settlement Amount NSA and be available for distribution to Participating Class Members. Any reduction by the Court of the amount requested by Class Counsel for the Attorney Fee Award and/or Cost Award shall not be sufficient grounds to void the Settlement. The attorneys’ fees paid pursuant to this Settlement Agreement shall be inclusive of all fees in this matter. Defendant Except as provided herein, each side shall bear its own attorneys’ fees and costs. / / / / / /.

Appears in 1 contract

Samples: Joint Stipulation and Class Action and Paga Settlement Agreement

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To Class Counsel. Class Counsel will apply to the Court for, and Xxxxxxxxx Defendant agrees not to oppose, a total Attorney Fee Award not to exceed onethirty-third five percent (1/3), 35%) or $108,333.33, 131,250 of the Gross Settlement Amount TC and a Cost Award not to exceed $20,000.0020,000. The Settlement Administrator will pay the Court- court- approved amounts for the Attorney Fee Award and Cost Award out of the Gross Settlement AmountTotal Consideration. The Settlement Administrator may purchase an annuity to utilize U.S. US treasuries and bonds or other attorney fee deferral vehicles for Class Counsel. Payroll tax withholding and deductions will not be taken from the Attorney Fee Award or the Cost Award. IRS Forms 1099 will be issued to Class Counsel with respect to these payments. In the event the Court does not approve the entirety of the application for the Attorney Fee Award and/or Cost Award, the Settlement Administrator shall pay whatever amount the Court awards, and neither Defendant nor the Settlement Administrator shall be responsible for paying the difference between the amount requested and the amount awarded. If the amount awarded is less than the amount requested by Class Counsel for the Attorney Fee Award and/or Cost Award, the difference shall become part of the Net Settlement Amount NSA and be available for distribution to Participating Class Members. Any reduction by the Court of the amount requested by Class Counsel for the Attorney Fee Award and/or Cost Award shall not be sufficient grounds to void the Settlement. The attorneys’ fees paid pursuant to this Settlement Agreement shall be inclusive of all fees in this matter. Defendant Except as provided herein, each side shall bear its own attorneys’ fees and costs. / / / / / /.

Appears in 1 contract

Samples: Joint Stipulation and Settlement Agreement

To Class Counsel. Class Counsel will apply to the Court for, and Xxxxxxxxx agrees not to oppose, a total Attorney Fee Award not to exceed onethirty-third five percent (1/3), 35%) or $108,333.33, 105,000 of the Gross Settlement Amount GSA and a Cost Award not to exceed $20,000.0020,000. The Settlement Administrator will pay the Court- Court-approved amounts for the Attorney Fee Award and Cost Award out of the Gross Settlement AmountFund. The Settlement Administrator may purchase an annuity to utilize U.S. US treasuries and bonds or other attorney fee deferral vehicles for Class Counsel. Payroll tax withholding and deductions will not be taken from the Attorney Fee Award or the Cost Award. IRS Forms 1099 will be issued to Class Counsel with respect to these payments. Class Counsel shall be solely and legally responsible to pay all applicable taxes on the Fee and Cost Awards. In the event the Court does not approve the entirety of the application for the Attorney Fee Award and/or Cost Award, the Settlement Administrator shall pay whatever amount the Court awards, and neither Defendant nor the Settlement Administrator shall be responsible for paying the difference between the amount requested and the amount awarded. If the amount awarded is less than the amount requested by Class Counsel for the Attorney Fee Award and/or Cost Award, the difference shall become part of the Net Settlement Amount NSA and will be available for distribution distributed to Participating Class Members. Any reduction by the Court of the amount requested by Class Counsel for the Attorney Fee Award and/or Cost Award shall not be sufficient grounds to void the Settlement. The attorneys’ fees paid pursuant to this Settlement Agreement shall be inclusive of all fees in this matter. Defendant shall bear its own attorneys’ fees and costs. / / / / / /.

Appears in 1 contract

Samples: Joint Stipulation and Settlement Agreement

To Class Counsel. Class Counsel will apply to the Court for, and Xxxxxxxxx agrees Defendant agree not to oppose, a total Attorney Fee Award not to exceed onethirty-third eight percent (1/3), 38%) or $108,333.33, 1,197,000 of the Gross Settlement Amount and a Cost Award not to exceed $20,000.0025,000. The Settlement Administrator will pay the Court- court-approved amounts for the Attorney Fee Award and Cost Award out of the Gross Settlement Amount. The Settlement Administrator may purchase an annuity to utilize U.S. US treasuries and bonds or other attorney fee deferral vehicles for Class Counsel. Payroll tax withholding and deductions will not be taken from the Attorney Fee Award or the Cost Award. IRS Forms 1099 will be issued to Class Counsel with respect to these payments. In the event the Court does not approve the entirety of the application for the Attorney Fee Award and/or Cost Award, the Settlement Administrator shall pay whatever amount the Court awards, and neither Defendant nor the Settlement Administrator shall be responsible for paying the difference between the amount requested and the amount awarded. If the amount awarded is less than the amount requested by Class Counsel for the Attorney Fee Award and/or Cost Award, the difference shall become part of the Net Settlement Amount and be available for distribution to Participating Class Members. Any reduction by the Court of the amount requested by Class Counsel for the Attorney Fee Award and/or Cost Award shall not be sufficient grounds to void the Settlement. The attorneys’ fees paid pursuant to this Settlement Agreement shall be inclusive of all fees in this matter. Defendant Except as provided herein, each side shall bear its own attorneys’ fees and costs. / / / / / /.

Appears in 1 contract

Samples: Joint Stipulation and Settlement Agreement

To Class Counsel. Class Counsel will apply to the Court for, and Xxxxxxxxx agrees Defendants agree not to oppose, a total Attorney Fee Award not to exceed onethirty-third five percent (1/3), 35%) or $108,333.33, 350,000 of the Gross Settlement Amount GSA and a Cost Award not to exceed $20,000.0020,000. The Settlement Administrator will pay the Court- Court-approved amounts for the Attorney Fee Award and Cost Award out of the Gross Settlement AmountFund. The Settlement Administrator may purchase an annuity to utilize U.S. US treasuries and bonds or other attorney fee deferral vehicles for Class Counsel. Payroll tax withholding and deductions will not be taken from the Attorney Fee Award or the Cost Award. IRS Forms 1099 will be issued to Class Counsel with respect to these payments. Class Counsel shall be solely and legally responsible to pay all applicable taxes on the Fee and Cost Awards. In the event the Court does not approve the entirety of the application for the Attorney Fee Award and/or Cost Award, the Settlement Administrator shall pay whatever amount the Court awards, and neither Defendant Defendants nor the Settlement Administrator shall be responsible for paying the difference between the amount requested and the amount awarded. If the amount awarded is less than the amount requested by Class Counsel for the Attorney Fee Award and/or Cost Award, the difference shall become part of the Net Settlement Amount NSA and will be available for distribution distributed to Participating Class Members. Any reduction by the Court of the amount requested by Class Counsel for the Attorney Fee Award and/or Cost Award shall not be sufficient grounds to void the Settlement. The attorneys’ fees paid pursuant to this Settlement Agreement shall be inclusive of all fees in this matter. Defendant shall bear its own attorneys’ fees and costs. / / / / / /.

Appears in 1 contract

Samples: Joint Stipulation and Settlement Agreement

To Class Counsel. Class Counsel will apply to the Court for, and Xxxxxxxxx agrees Defendants agree not to oppose, a total Attorney Fee Award not to exceed onethirty-third five percent (1/3), 35%) or $108,333.33, 73,500.00 of the Gross Settlement Amount and a Cost Award not to exceed $20,000.00. The Settlement Administrator will pay the Court- Court-approved amounts for the Attorney Fee Award and Cost Award out of the Gross Settlement Amount. The Settlement Administrator may purchase an annuity to utilize U.S. treasuries and bonds or other attorney fee deferral vehicles for Class Counsel. Payroll tax withholding and deductions will not be taken from the Attorney Fee Award or the Cost Award. IRS Forms 1099 will be issued to Class Counsel with respect to these payments. In the event the Court does not approve the entirety of the application for the Attorney Fee Award and/or Cost Award, the Settlement Administrator shall pay whatever amount the Court awards, and neither Defendant Defendants nor the Settlement Administrator shall be responsible for paying the difference between the amount requested and the amount awarded. If the amount awarded is less than the amount requested by Class Counsel for the Attorney Fee Award and/or Cost Award, the difference shall become part of the Net Settlement Amount and be available for distribution to Participating Class Members. Any reduction by the Court of the amount requested by Class Counsel for the Attorney Fee Award and/or Cost Award shall not be sufficient grounds to void the Settlement. The attorneys’ fees paid pursuant to this Settlement Agreement shall be inclusive of all fees in this matter. Defendant Except as provided herein, each side shall bear its own attorneys’ fees and costs. / / / / / /.

Appears in 1 contract

Samples: Joint Stipulation and Settlement Agreement

To Class Counsel. Class Counsel will apply to the Court for, and Xxxxxxxxx agrees not to oppose, a total Attorney Fee Award not to exceed onethirty-third eight percent (1/3), 38%) or $108,333.33, 722,000 of the Gross Settlement Amount and a Cost Award not to exceed $20,000.0025,000. The Settlement Administrator will pay the Court- court-approved amounts for the Attorney Fee Award and Cost Award out of the Gross Settlement Amount. The Settlement Administrator may purchase an annuity to utilize U.S. US treasuries and bonds or other attorney fee deferral vehicles for Class Counsel. Payroll tax withholding and deductions will not be taken from the Attorney Fee Award or the Cost Award. IRS Forms 1099 will be issued to Class Counsel with respect to these payments. In the event the Court does not approve the entirety of the application for the Attorney Fee Award and/or Cost Award, the Settlement Administrator shall pay whatever amount the Court awards, and neither Defendant nor the Settlement Administrator shall be responsible for paying the difference between the amount requested and the amount awarded. If the amount awarded is less than the amount requested by Class Counsel for the Attorney Fee Award and/or Cost Award, the difference shall become part of the Net Settlement Amount and be available for distribution to Participating Class Members. Any reduction by the Court of the amount requested by Class Counsel for the Attorney Fee Award and/or Cost Award shall not be sufficient grounds to void the Settlement. The attorneys’ fees paid pursuant to this Settlement Agreement shall be inclusive of all fees in this matter. Defendant Except as provided herein, each side shall bear its own attorneys’ fees and costs. / / / / / /.

Appears in 1 contract

Samples: Joint Stipulation and Settlement Agreement

To Class Counsel. Class Counsel will apply to the Court for, and Xxxxxxxxx agrees Defendants agree not to oppose, a total Attorney Fee Award not to exceed thirty-three and one-third percent (33 1/3), %) or $108,333.33, 175,833.33 of the Gross Settlement Amount GSA and a Cost Award not to exceed $20,000.0015,000. The Settlement Administrator will pay the Court- court-approved amounts for the Attorney Fee Award and Cost Award out of the Gross Settlement AmountFund. The Settlement Administrator may purchase an annuity to utilize U.S. US treasuries and bonds or other attorney fee deferral vehicles for Class Counsel. Payroll tax withholding and deductions will not be taken from the Attorney Fee Award or the Cost Award. IRS Forms 1099 will be issued to Class Counsel with respect to these payments. In the event the Court does not approve the entirety of the application for the Attorney Fee Award and/or Cost Award, the Settlement Administrator shall pay whatever amount the Court awards, and neither Defendant Defendants nor the Settlement Administrator shall be responsible for paying the difference between the amount requested and the amount awarded. If the amount awarded is less than the amount requested by Class Counsel for the Attorney Fee Award and/or Cost Award, the difference shall become part of the Net Settlement Amount NSA and be available for distribution to Participating Class Members. Any reduction by the Court of the amount requested by Class Counsel for the Attorney Fee Award and/or Cost Award shall not be sufficient grounds to void the Settlement. The attorneys’ fees paid pursuant to this Settlement Agreement shall be inclusive of all fees in this matter. Defendant shall bear its own attorneys’ fees and costs. / / / / / /DocuSign Envelope ID: A1A2C342-692A-4BF2-B42F-6CAAF00E5E7A

Appears in 1 contract

Samples: Joint Stipulation and Settlement Agreement

To Class Counsel. Class Counsel will apply to the Court for, and Xxxxxxxxx agrees Defendants agree not to oppose, a total Attorney Fee Award not to exceed one-one third (1/3), or $108,333.33, ) of the Gross Settlement Amount or $352,102.00 and a Cost Award not to exceed Twenty Thousand Dollars and Zero Cents ($20,000.00). The Settlement Administrator will pay the Court- Court-approved amounts for the Attorney Fee Award and Cost Award out of the Gross Settlement Amount. The Settlement Administrator may purchase an annuity to utilize U.S. treasuries and bonds or other attorney fee deferral vehicles for Class Counsel. Payroll tax withholding and deductions will not be taken from the Attorney Fee Award or the Cost Award. IRS Forms 1099 will be issued to Class Counsel with respect to these payments. In the event the Court does not approve the entirety of the application for the Attorney Fee Award and/or Cost Award, the Settlement Administrator shall pay whatever amount the Court awards, and neither Defendant Defendants nor the Settlement Administrator shall be responsible for paying the difference between the amount requested and the amount awarded. If the amount awarded is less than the amount requested by Class Counsel for the Attorney Fee Award and/or Cost Award, the difference shall become part of the Net Settlement Amount and be available for distribution to Participating Class Members. Any reduction by the Court of the amount requested by Class Counsel for the Attorney Fee Award and/or Cost Award shall not be sufficient grounds to void the Settlement. The attorneys’ fees paid pursuant to this Settlement Agreement shall be inclusive of all fees in this matter. Defendant Except as provided herein, each side shall bear its own attorneys’ fees and costs. / / / / / /.

Appears in 1 contract

Samples: Joint Stipulation and Settlement Agreement

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