Agreed Recommendation Regarding the Payment of Remuneration to the Applicants and Fees to the Applicants' Counsel
- The agreed recommendation of the parties is that NIS 20,000 be paid as compensation to the applicants. Insofar as the tax authorities require the payment of VAT in respect of this amount, the Respondent agrees to supplement the amount of VAT.
In addition, the court was asked to determine at the final conclusion of the proceeding the division of the applicants' indemnity between the IEC and Israel Railways in the amount of the first part of the fee paid by them.
It was agreed to recommend that NIS 120,000 plus VAT be paid as legal fees to the applicants' counsel.
- To the extent that the court approves the parties' recommendation, and to the extent that the arrangement has not been cancelled in accordance with the provisions of chapter B.7 of the application, the remuneration to the applicants and the fees and expenses of their counsel will be paid on the following dates:
The remuneration to the applicants will be paid within 30 days from the date of the determination.
Half of the fee amount will be paid within 30 days of the effective date; an additional 25% of the fees will be paid within 30 days of the effective opt-in mechanism , and an additional 25% of the fees will be paid within 30 days after the second penetration tests are performed.
To the extent that it is not determined otherwise by an explicit decision of the court, the sums awarded as rent will bear linkage differentials and plus interest (linked interest in accordance with the rates of the Accountant General's Department by virtue of the Interest and Linkage Rulings Law , 5721-1961) from the date of the decision until the date of actual payment.
The amounts of remuneration and legal fees will be paid to the applicants and their attorneys against the production of a certificate of bookkeeping and an exemption from withholding tax, and subject to receipt of a tax invoice in accordance with the amounts subject to VAT.
- It was agreed that within 42 months of the determining date, at the latest, the IEC would submit to the court a notice, backed by a lawful affidavit, regarding the completion of the implementation of the settlement agreement in all its components.
- The parties' recommendation regarding the remuneration to the applicants and the fees for their counsel took into account the benefit that the arrangement would bring to the class members, as well as the effort and hassle invested by their attorneys, over a considerable period of time, in conducting this proceeding, which included, inter alia, the submission of the application for approval, the submission of the response to the response to the motion for approval, the holding of court hearings, the holding of a mediation proceeding, the holding of meetings and conversations with the respondent's counsel, as well as the risk they took in conducting this proceeding and the efficient management of the proceeding. Taking into account the nominal amounts of remuneration and legal fees, the parties agree that these are appropriate and reasonable sums in the circumstances of the case, reflecting the effort invested in conducting the proceeding.
Dismissal, waiver and act of the court
- According to the Settlement, the judgment giving effect to the Arrangement will constitute an act of court against the Applicants and all the members of the class and will be deemed to have the Applicants, the Applicants' counsel, and the members of the Applicants' Group waive to the IEC and/or its employees and/or its managers and/or shareholders in a full, final, absolute and irrevocable manner any claim and/or demand and/or company and/or cause and/or relief in connection with the matters of the application and the claim, including the claims and/or facts and/or demands which are included in the application for approval and/or the action, as a result of the acts and/or omissions attributed to the IEC on this ground and/or deriving from them, all whether directly or indirectly.
- Without derogating from the aforesaid, upon the lapse of the retirement period and subject to the fact that the settlement was not lawfully cancelled by any of the parties by that date, the court's approval and judgment will constitute an act of court against the applicants and all the members of the class who did not lawfully give notice of retirement.
Consent without gratitude
- According to the provisions of the arrangement, the parties declare, confirm and undertake that each of them enters into this agreement without this constituting an admission of any claim against him, including the claims raised in court documents in the proceeding, and that the engagement of each of them in the settlement agreement is done beyond the letter of the law and without derogating from any claim, demand, claim, remedy and right of each of them towards the other.
- The parties hereby declare and undertake that apart from the purposes of the Settlement and for this purpose only, neither party nor class members shall be entitled to rely on the statements and undertakings of the other party in the framework of the Settlement, in any legal proceeding, existing or future and for any purpose whatsoever, and neither party shall be entitled to make any claim on the basis of the declarations and undertakings as stated in the Settlement.
Expense
- It was agreed in the arrangement that the respondent would bear all the costs of executing the settlement, such as advertising costs, etc. The applicants and their counsel will be entitled only to the remuneration and fees awarded to them by the court.
Nullity and Cancellation of the Arrangement
- The arrangement stipulates that if any of the following conditions are met, the arrangement will be null and void:
The settlement was not approved by the court.