Common use of Approval of Settlement Clause in Contracts

Approval of Settlement. (a) Plaintiffs shall apply for approval of the Settlement as described in paragraph 19 of this Agreement for purposes of effectuating this Settlement. Plaintiffs agree not to request more than $7,500 for each Class Representative Service Award and further agree not to seek more than $808,333.33 (1/3 of the Maximum Settlement Amount) for Plaintiffs’ Attorneys’ Fees or $25,000 for Plaintiffs’ Costs. (b) ACES shall not oppose an application by Plaintiffs or Plaintiffs’ Attorneys for Plaintiffs’ Attorney Fees equal to or less than 1/3 of the Maximum Settlement Amount (i.e., $808,333.33). Further, ACES shall not oppose an application by Plaintiffs or Plaintiffs’ Attorneys for up to $25,000 in costs of litigation. (c) ACES shall not oppose any application by Plaintiffs and/or Plaintiffs’ Attorneys for a Class Representative Service Award in an amount equal to or less than $7,500 for each Plaintiff. (d) Should the Superior Court for the County of Orange decline to approve all material aspects of the Settlement, or make rulings substantially altering the fundamental terms of this class settlement, except for the awards of Plaintiffs’ Attorney Fees, Plaintiffs’ Costs, and Class Representative Service Awards (which shall be decided by the court), or if for any reason ACES is determined not to be entitled to a dismissal with prejudice of the Litigation, ACES shall have no obligation to make any payment, including payment of the Maximum Settlement Amount (or any portion thereof), and in that event if ACES has made any payment, such monies shall be returned promptly to ACES.

Approval of Settlement. (a) Plaintiffs shall apply for approval of the Settlement as described in paragraph 19 Section III, Paragraph 13 of this Agreement for purposes of effectuating this Settlement. Plaintiffs agree not to request more than $7,500 for each 10,000 per plaintiff as a Class Representative Service Award Award. Plaintiffs agree not to seek more than thirty-five percent (35%) of the Gross Settlement Amount, or Two Hundred, Forty-Five Thousand Dollars ($245,000) for Class Counsel Attorneys’ Fees, and further agree not to seek more than Twenty-Three Thousand Dollars and No Cents ($808,333.33 (1/3 of the Maximum Settlement Amount23,000.00) for Plaintiffs’ Attorneys’ Fees or $25,000 for Plaintiffs’ Costs. (b) ACES shall not oppose an application by Plaintiffs or Plaintiffs’ Attorneys for Plaintiffs’ Attorney Fees equal to or less than 1/3 of the Maximum Settlement Amount (i.e., $808,333.33)Litigation Costs and Expenses. Further, ACES shall not oppose an application by Plaintiffs or Plaintiffs’ Attorneys for up to $25,000 in costs of litigation. (c) ACES Defendant shall not oppose any application by Plaintiffs and/or Plaintiffs’ Attorneys or Class Counsel for a Class Representative Service Award in an amount Awards equal to or less than Ten Thousand Dollars ($7,500 for each Plaintiff10,000) per plaintiff, Class Counsel Attorneys’ Fees equal to or less than Two Hundred, Forty-Five Thousand Dollars ($245,000), and Litigation Costs and Expenses equal to or less than Twenty-Three Thousand Dollars and No Cents ($23,000.00). (db) Should the Superior Court for the County of Orange Santa ▇▇▇▇▇ decline to approve all material aspects of the Settlement, Settlement or make rulings substantially altering the fundamental terms of this class settlement, except for the awards of Plaintiffs’ Attorney Fees, Plaintiffs’ Costs, and the Class Representative Service Awards Award, Class Counsel Attorneys’ Fees, and Litigation Costs and Expenses (which shall be decided by the courtCourt), or if for any reason ACES is determined not to be entitled to a dismissal with prejudice of the Litigation, ACES Defendant shall have no obligation to make any payment, including payment of the Maximum Gross Settlement Amount (or any portion thereof)Amount, and in that event if ACES has made any payment, such monies shall be returned promptly to ACESthe Settlement is void.