Agreed Monetary Relief Sample Clauses

Agreed Monetary Relief. Seattle City Light agrees to fund $3,500,000.00 in either cash or retail bill credits, which will create a common fund (the “Settlement Fund”) from which the Named Plaintiff and Settlement Class Members’ settlement awards, Class Counsel’s attorney’s fees, costs and expenses (“Class Counsel Fees”), the Named Plaintiff Service Payment, and all out-of-pocket costs of Settlement Administration (“Administrative Costs”) will be paid. The “Net Settlement Amount” shall be that portion of the Settlement Fund that remains after deducting amounts for any Service Payment, Administrative Costs, and Class Counsel Fees.
Sample 1
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Agreed Monetary Relief. Within thirty (30) days of the Effective Date of this Agreement, Blackhawk shall create a fund, by depositing with the Settlement Administrator, US $985,000.00 in cash (the “Settlement Fund”). The Named Plaintiffs and Settlement Class members’ settlement awards, Class Counsel’s attorney’s fees, costs and expenses (“Class Counsel Fees”), the Named Plaintiffs Service Payments, and all costs of Settlement Administration (“Administrative Costs”) will be paid from the Settlement Fund. Other than the Settlement Fund, Blackhawk will have no financial obligation to the Named Plaintiffs, Settlement Class members, Class Counsel, any other attorney representing Named Plaintiffs, any other attorney representing any Settlement Class member, or the Settlement Administrator with respect to the Released Claims. The Settlement Fund represents the total extent of Blackhawk’s monetary obligations under this Agreement.
Sample 1
Agreed Monetary Relief. Defendants agree to pay a total of $450,000 (the “Common Fund Payment”) for a common fund class action settlement of this Action. The Common Fund Payment shall be used to satisfy all of the following: (1) the settlement awards to be paid to Members of the Settlement Classes (hereafter, the “Settlement Awards”); (2) all employee‐side payroll taxes and withholdings associated with and deducted from the Settlement Awards; (3) the service awards to be paid to the named Plaintiffs (hereafter, the “Service Awards”); (4) the award of attorneys’ fees to be paid to Class Counsel (hereafter, the “Attorneys’ Fees Award”); (5) the award of expenses and costs of litigation to be paid to Class Counsel (hereafter the “Costs Award”); and (6) the award of settlement administration expenses (hereafter, the “Settlement Administration Expenses Award”), all as approved by the Court. Except as set forth in Section II.D.3., below, the Common Fund Payment is not subject to any reversion of funds to Defendants, such that the entire amount of the Common Fund Payment will be payable if the settlement is approved by the Court and the Effective Dateoccurs. Within fourteen (14) days of the Effective Date of this Settlement Agreement, Defendants shall deposit the Common Fund Payment into a Qualified Settlement Fund (“QSF”) established by the Settlement Administrator for this Settlement. The Settlement Administrator shall be responsible for making the payments described above from the QSF. Defendants are responsible for paying all employer‐side taxes associated with the Settlement Awards made from the Common Fund Payment. Employer‐side taxes paid by Defendants are not to be considered as a part of the Common Fund Payment; rather, Defendants’ payment of those taxes is separate from and in addition to the Common Fund Payment. Defendants shall make these employer‐side tax payments to the Settlement Administrator, and the Settlement Administrator shall timely remit the tax payments to the government.
Sample 1
Agreed Monetary Relief. Within thirty (30) days of the Effective Date of this Agreement, Xxxxxxx shall create a fund, by depositing with the Settlement Administrator, US $1,525,000.00 in cash (the “Settlement Fund”). The Named Plaintiffs’ and Settlement Class members’ settlement awards, Class Counsel’s attorney’s fees, costs and expenses (“Class Counsel Fees”), the Named Plaintiffs’ Service Payments (“Service Payments”), and all costs of Settlement Administration (“Administrative Costs”) will be paid from the Settlement Fund. Other than the Settlement Fund, Released Parties will have no financial obligation to the Named Plaintiffs, Settlement Class members, Class Counsel, any other attorney representing Named Plaintiffs, any other attorney representing any Settlement Class member, or the Settlement Administrator with respect to the Released Claims. The Settlement Fund represents the total extent of Released Parties' monetary obligations under this Agreement.
Sample 1
Agreed Monetary Relief. To settle the claims that were brought or that could have been brought in this Action, Defendants agree to make payments to the Settlement Class in accordance with the following terms: a. Defendants shall pay $300,000, unless the Court grants Defendants’ pending motion for summary judgment on Plaintiffs’ claim that Defendants did not pay the minimum wage on average each workweek (ECF No. 146), in which case Defendants shall not pay the $300,000 provided for this paragraph; b. Defendants shall pay $75,000, unless the Court grants Defendants’ pending motion for summary judgment on Plaintiffs’ claim that Defendants did not pay the minimum wage for time at Defendants’ driver qualification program(s)/orientation (ECF No. 146), in which case Defendants shall not pay the $75,000 provided for in this paragraph; c. Defendants shall pay $375,000, unless the Court grants Defendants’ pending motion for summary judgment on Plaintiffs’ claim for unlawful deductions (ECF No. 146), in which case Defendants shall not pay the $375,000 provided for in this paragraph; d. Defendants shall pay $375,000, unless the Court grants Defendants’ pending motion for summary judgment on Plaintiffs’ claim for unpaid rest breaks (ECF No. 146), in which case Defendants shall not pay the $375,000 provided for in this paragraph. If the Court declines to rule on Defendants’ motion for summary judgment with respect to this claim, pending resolution of the Ninth Circuit’s decision in Xxxxxxxx, et al. x. Xxxxx Transp. Co. of Ariz., Case No. 21-55456, C.D. Cal. Case No. 2:19-cv-04217-VAP-KKx or other decision by the Ninth Circuit on the same issue as the one presented in Xxxxxxxx, the parties agree to negotiate in good faith to achieve a resolution of this claim within two weeks of the Court’s order declining to rule; and e. Defendants shall pay $2,275,000, unless the Court grants Defendants’ pending motion for summary judgment on Plaintiffs’ claim for overtime wages (ECF No. 146), in which case Defendants shall not pay the $2,275,000 provided for in this paragraph.
Sample 1
Agreed Monetary Relief. HDL agrees to make payments totaling $1,450,000 (the “Total Settlement Amount”). The Total Settlement Amount is broken down as follows, subject to approval by the Court: a. HDL will pay $900,000 (“Settlement Class Payment”) to Qualified Class Members and Plaintiffs, as set forth below. The Settlement Class Payment will be used to satisfy the settlement awards to be paid to Qualified Class Members (“Settlement Awards”) and the service awards to be paid to Plaintiffs (“Service Awards”). b. HDL will pay $550,000 to Class Counsel for attorneys’ fees and costs pursuant to fee‐shifting provisions in the Washington statutes applicable to the Class claims, RCW 49.48.030, RCW 49.46.090, and RCW 49.52.070 ( “Attorneys’ Fees and Costs Payment”), all as approved by the District Court. The Attorneys’ Fees and Costs Payment will compensate and reimburse Class Counsel for (1) the work already performed by Class Counsel in this case in relation to the proceedings in the United States District Court for the Eastern District of Washington as well as all of the work remaining to be performed by Class Counsel in documenting the Settlement, securing Court approval of the Settlement, and making sure the Settlement is fairly administered and implemented; and (2) all costs incurred and reasonably anticipated to be incurred by Class Counsel in litigating this Case and finalizing this Settlement.
Sample 1
Agreed Monetary Relief 
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Related to Agreed Monetary Relief

  • Tax Indemnity Agreement The Tax Indemnity Agreement (Federal Express Corporation Trust No. N620FE), dated as of June 15, 1998, between the Lessee and the Owner Participant.

  • Indemnity Agreement The Indemnity Agreement Regarding Hazardous Materials made by the Borrower and Guarantors, in favor of the Agent and the Lenders, as the same may be modified, amended or ratified, pursuant to which each of the Borrower and the Guarantors agrees to indemnify the Agent and the Lenders with respect to Hazardous Substances and Environmental Laws.

  • CONTINGENT FEE AGREEMENT A. The Attorneys shall advance all expenses in the Litigation. The Client is not liable to pay any of the expenses of the Litigation, whether attorneys' fees or costs. Recovery of costs and other expenses is contingent upon a recovery being obtained. If no recovery is obtained, Client will owe nothing for costs and other expenses. In the event that an order is entered awarding costs and expenses in favor of defendants, Attorneys will be responsible for such costs and expenses, not the Client. B. If there is a recovery in the Litigation, whether by settlement or judgment, the Attorneys shall be compensated via payment of a reasonable percentage of any recovery as approved by the Court, which amount shall include attorneys’ fees plus reasonable disbursements in the Litigation. “Disbursements” shall include, but not be limited to, costs of travel, telephone, copying, fax transmission, depositions, investigators, messengers, mediation expenses, computer research fees, court fees, expert fees, other consultation fees and paralegal expenses. Any recovery in the Litigation shall first be used to reimburse disbursements.

  • Payment of Impositions Subject to Section 12.2 (relating to permitted contests), Lessee will pay, or cause to be paid, all Impositions (other than Real Estate Taxes and Personal Property Taxes, which shall be paid by Lessor) before any fine, penalty, interest or cost may be added for non-payment, such payments to be made directly to the taxing or other authorities where feasible, and will promptly furnish to Lessor copies of official receipts or other satisfactory proof evidencing such payments. Lessee’s obligation to pay such Impositions shall be deemed absolutely fixed upon the date such Impositions become a lien upon the Leased Property or any part thereof. If any such Imposition may, at the option of the taxpayer, lawfully be paid in installments (whether or not interest shall accrue on the unpaid balance of such Imposition), Lessee may exercise the option to pay the same (and any accrued interest on the unpaid balance of such Imposition) in installments and in such event, shall pay such installments during the Term hereof (subject to Lessee’s right of contest pursuant to the provisions of Section 12.2) as the same respectively become due and before any fine, penalty, premium, further interest or cost may be added thereto. Lessor, at its expense, shall, to the extent required or permitted by applicable law, prepare and file all tax returns in respect of Lessor’s net income, gross receipts, sales and use, single business, transaction privilege, rent, ad valorem, franchise taxes, Real Estate Taxes, Personal Property Taxes and taxes on its capital stock, and Lessee, at its expense, shall, to the extent required or permitted by applicable laws and regulations, prepare and file all other tax returns and reports in respect of any Imposition as may be required by governmental authorities. If any refund shall be due from any taxing authority in respect of any Imposition paid by Lessee, the same shall be paid over to or retained by Lessee if no Event of Default shall have occurred hereunder and be continuing. If an Event of Default shall have occurred and be continuing, any such refund shall be paid over to or retained by Lessor. Any such funds retained by Lessor due to an Event of Default shall be applied as provided in Article 16. Lessor and Lessee shall, upon request of the other, provide such data as is maintained by the party to whom the request is made with respect to the Leased Property as may be necessary to prepare any required returns and reports. Lessee shall file all Personal Property Tax returns in such jurisdictions where it is legally required so to file. Lessor, to the extent it possesses the same, and Lessee, to the extent it possesses the same, will provide the other party, upon request, with cost and depreciation records necessary for filing returns for any property classified as personal property. Where Lessor is legally required to file Personal Property Tax returns, Lessee shall provide Lessor with copies of assessment notices in sufficient time for Lessor to file a protest. Lessor may, upon Notice to Lessee, at Lessor’s option and at Lessor’s sole expense, protest, appeal, or institute such other proceedings (in its or Lessee’s name) as Lessor may deem appropriate to effect a reduction of real estate or personal property assessments for those Impositions to be paid by Lessor, and Lessee, at Lessor’s expense as aforesaid, shall fully cooperate with Lessor in such protest, appeal, or other action. Lessor hereby agrees to indemnify, defend, and hold harmless Lessee from and against any claims, obligations, liabilities and loss against or incurred by Lessee in connection with such cooperation. Xxxxxxxx for reimbursement of Personal Property Taxes by Lessee to Lessor shall be accompanied by copies of a xxxx therefor and payments thereof which identify the personal property with respect to which such payments are made. Lessor, however, reserves the right to effect any such protest, appeal or other action and, upon Notice to Lessee, shall control any such activity, which shall then go forward at Lessor’s sole expense. Upon such Notice, Lessee, at Lessor’s expense, shall cooperate fully with such activities.

  • Solvency, Payment of Debts Borrower is able to pay its debts (including trade debts) as they mature; the fair saleable value of Borrower’s assets (including goodwill minus disposition costs) exceeds the fair value of its liabilities; and Borrower is not left with unreasonably small capital after the transactions contemplated by this Agreement.

  • Non-Endorsement, Indemnification The Requester and Approved Users acknowledge that although all reasonable efforts have been taken to ensure the accuracy and reliability of controlled-access data obtained through the attached DAR, the NIH and Submitting Investigator(s) do not and cannot warrant the results that may be obtained by using any data included therein. NIH and all contributors to these datasets disclaim all warranties as to performance or fitness of the data for any particular purpose. No indemnification for any loss, claim, damage, or liability is intended or provided by any party under this agreement. Each party shall be liable for any loss, claim, damage, or liability that said party incurs as a result of its activities under this agreement, except that NIH, as an agency of the United States, may be liable only to the extent provided under the Federal Tort Claims Act, 28 USC 2671 et seq.

  • Settlement Practices The Custodian shall provide to each Board the information with respect to custody and settlement practices in countries in which the Custodian employs an Eligible Foreign Custodian described on Schedule C at the time or times set forth on the Schedule. The Custodian may revise Schedule C from time to time, but no revision shall result in a Board being provided with substantively less information than had been previously provided on Schedule C.

  • Dealer Agreement Indemnification A. Distributor acknowledges and agrees that certain dealers require that Distributor enter into dealer agreements (the “Non-Standard Dealer Agreements”) that contain certain representations, undertakings, and indemnification that are not included in the Distributor’s standard dealer agreement (the “Standard Dealer Agreement”). B. To the extent that Distributor is requested or required by the Trust to enter into any Non-Standard Dealer Agreement, the Trust shall indemnify, defend and hold the Distributor Indemnitees free and harmless from and against any and all Losses that any Distributor Indemnitee may incur arising out of or relating to (a) the Distributor’s actions or failures to act pursuant to any Non-Standard Dealer Agreement; (b) any representations made by the Distributor in any Non-Standard Dealer Agreement to the extent that the Distributor is not required to make such representations in the Standard Dealer Agreement; or (c) any indemnification provided by the Distributor under a Non-Standard Dealer Agreement to the extent that such indemnification is beyond the indemnification the Distributor provides to intermediaries in the Standard Dealer Agreement. In no event shall anything contained herein be so construed as to protect the Distributor Indemnitees against any liability to the Trust or its shareholders to which the Distributor Indemnitees would otherwise be subject by reason of willful misfeasance, bad faith, or gross negligence in the performance of Distributor’s obligations or duties under the Non-Standard Dealer Agreement or by reason of Distributor’s reckless disregard of its obligations or duties under the Non-Standard Dealer Agreement.

  • INSURANCE COMPANY NOT A PARTY TO THIS AGREEMENT The Insurer shall not be deemed a party to this Agreement, but will respect the rights of the parties as herein developed upon receiving an executed copy of this Agreement. Payment or other performance in accordance with the policy provisions shall fully discharge the Insurer from any and all liability.

  • Treatment of Indemnity Payments Any payments made to an Indemnified Party pursuant to this Article VII or pursuant to the Escrow Agreement shall be treated as an adjustment to the Purchase Price for tax purposes.

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