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EYE » Topics » 13. This Memorandum shall be binding upon and inure to the benefit of the parties and their respective agents, executors, heirs, successors and assigns.This excerpt taken from the EYE 8-K filed Feb 17, 2009. 13. This Memorandum shall be binding upon and inure to the benefit of the parties and their respective agents, executors, heirs, successors and assigns.14. Subject to the terms and conditions of this Memorandum, the terms and conditions of the Stipulation contemplated hereby, and subject to final approval of the Settlement and such fees by the Superior Court, Defendants shall pay $1,310,000 to Plaintiffs’ Counsel for their fees and expenses, or such lesser amount of attorneys’ fees and expenses that is approved by the Superior Court (as modified on any appeal that may properly be taken). Plaintiffs and Plaintiffs’ Counsel agree not to request that the Court approve payment of attorneys’ fees and expenses in excess of the aggregate amount set forth above, and Defendants agree not to oppose Plaintiffs’ Counsels’ request for approval in an amount not exceeding such amount, both in the Superior Court and on any appeal by putative class members. Plaintiffs’ Counsel warrants that
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no portion of such fees and expenses shall be paid to any named plaintiff or any member of the Class. Defendants shall pay such Fees and Expenses awarded by the Superior Court to Plaintiffs’ Counsel within ten (10) business days after final approval by the Superior Court, provided, however, that in no event shall such payment be required prior to the date of consummation of the Tender Offer. In the event that such order is reversed or modified on appeal, Plaintiffs’ Counsel shall refund to Defendants any advanced amount and all interest accrued or accumulated thereon. Except as provided herein, the Released Persons shall bear no other expenses, costs, damages, or fees alleged or incurred by any of the named plaintiffs, by any member of the Class, or by any of their attorneys, experts, advisors, agents or representatives.15. Plaintiffs’ Counsel shall be responsible for providing notice of the Settlement to the members of the Class. Defendants shall pay all reasonable costs and expenses incurred in providing notice of the Settlement to the members of the Class.16. This Memorandum may be executed in any number of actual or telecopied counterparts and by each of the different parties on several counterparts, each of which when so executed and delivered will be an original. The executed signature page(s) from each actual or telecopied counterpart may be joined together and attached and will constitute one and the same instrument.[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]
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IN WITNESS WHEREOF, the parties have executed this Memorandum effective as of the date set forth below.
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