Alternative Cash Payment. (a) At SFV’s absolute discretion, SFV may agree to accept a cash payment from LTES Operator proposed under clause 14.5(b)(iii) (“Cure”) that is:
(i) commensurate with the value of the relevant Social Licence Commitment to SFV and any other person that would have benefitted from that Social Licence Commitment; and
(ii) sufficient to allow SFV to undertake:
(A) the Social Licence Commitment that LTES Operator has failed to comply with; or
(B) an alternative to the Social Licence Commitment that LTES Operator has failed to comply with, which SFV determines (acting reasonably) is of equivalent or greater merit than that Social Licence Commitment under clauses 14.5(b)(iii) and 14.5(d).
(b) If LTES Operator pays SFV an amount agreed under paragraph (a) in respect of a Social Licence Commitment, then LTES Operator is not required to perform that Social Licence Commitment.
Alternative Cash Payment. A pro rata (a legal term meaning an equal share) payment from the net Settlement Fund, which is $8,800,000 minus payment of costs of the Settlement including the costs of the Notice Program and Claims Administration, Attorneys’ Fees and Expenses of up to $2,930,000, Service Awards of up to $2,500 for each to the Representative Plaintiffs, and payments for claims for Ordinary Losses and Extraordinary Losses. Note that if these costs of the Settlement, fees, awards and claims exceed the Settlement Fund, individuals selecting this option may not receive any payment. These rights and options—and the deadlines to exercise them—are explained in this Notice. Submit a Claim Form You must submit a Claim Form by mail or online to receive Settlement benefits. Month Day, 20YY Exclude Yourself Get no Settlement benefits. Keep your right to file your own lawsuit against MCG and Released Parties about the legal claims in this case. Month Day, 20YY Object Tell the Court why you do not like the Settlement. You will still be bound by the Settlement if the Court approves it. Month Day, 20YY Do Nothing Get no Settlement benefits. Be bound by the Settlement. • The Court in charge of this case must still decide whether to approve the Settlement and the requested attorneys’ fees and expense award. No Settlement benefits or payments will be provided unless the Court approves the Settlement, and it becomes final. BASIC INFORMATION PAGE 4
1. Why is this Notice being provided?
2. What is this lawsuit about?
3. Why is the lawsuit a class action?
4. Why is there a Settlement?
5. How do I know if I am part of the Settlement?
6. Are there exceptions to being included in the Settlement?
7. What if I am still not sure whether I am part of the Settlement? THE SETTLEMENT BENEFITS—WHAT YOU GET IF YOU QUALIFY PAGE 5
8. What does the Settlement provide?
9. What am I giving up to receive Settlement benefits or stay in the Settlement Class?
10. What are the Released Claims? HOW TO GET BENEFITS FROM THE SETTLEMENT PAGE 7 11. How do I make a claim for Settlement benefits?
Alternative Cash Payment. In lieu of making a monetary claim under Sections 3.2(a) or 3.2(b) above, Settlement Class Members may submit a claim to receive a flat-fee Alternative Cash Payment. The amount of the Alternative Cash Payment will be determined in accordance with the Plan of Allocation in Section 3.7 after amounts sufficient to pay reasonable Administrative Expenses incurred pursuant to this Settlement Agreement, Service Awards approved by the Court, any amounts approved by the Court for the Fee Award and Costs, Taxes, and Approved Claims for benefits in Sections 3.2(a) and 3.2(b)` have been deducted from the Settlement Fund.
Alternative Cash Payment. Settlement Class Members may, in lieu of making a claim for reimbursement of Out-of-Pocket Losses with documentation, elect to receive a cash payment in the amount of $75.00, subject to pro rata decrease or increase pursuant to ¶ 2.2.
Alternative Cash Payment. In the alternative to claims for Unreimbursed Losses, Lost Time, and Credit Monitoring Services, Settlement Class Members can make a claim for a $50 Alternative Cash Payment.
Alternative Cash Payment. Settlement Class Members can elect to make a claim for a $100 Alternative Cash Payment, and California Class Members may make a claim for a $200 Alternative Cash Payment (in recognition of their superior statutory claims) in lieu of all the settlement benefits outlined above. To receive this Alternative Cash payment, Settlement Class Members must submit a valid form, but no documentation is required to make this claim. For California Class members, a box must be checked attesting that they were a
Alternative Cash Payment. As an alternative to filing a Claim Form for reimbursement of Ordinary Losses or Extraordinary Losses, you may submit a Claim Form to receive a pro rata (a legal term meaning an equal share) payment from the net Settlement Fund, which is $8,800,000 minus payment of costs of the Settlement including the costs of the Notice Program and Claims Administration, any Attorneys’ Fees and Expenses of up to $2,930,000, any Service Awards of up to $2,500 for each to the Representative Plaintiffs, and payments for claims for Ordinary Losses, Credit Monitoring, and Extraordinary Losses. Please note that if costs of the Settlement, fees and expenses, service awards and payments for claims exceed the Settlement Fund, you may receive no payment if you select this category.
Alternative Cash Payment. As an alternative to filing a Claim Form for reimbursement of Ordinary Losses, Attested Time Spent, or Extraordinary Losses, you may submit a Claim Form to receive a pro rata (a legal term meaning an equal share) payment from the net Settlement Fund, which is $2,450,000 minus payment of costs of the Settlement including the costs of the Notice Program and Claims Administration, Attorneys’ Fees and Expenses of up to $661,500, Service Awards of up to $1,500 each to the Representative Plaintiffs, and payments for claims for Ordinary Losses, Attested Time Spent, and Extraordinary Losses. Please note that if costs of the Settlement, fees and expenses, service award and payments for claims exceed the Settlement Fund, you may receive no payment if you select this category.
Alternative Cash Payment. As an alternative to filing a claim for 6 reimbursement of Ordinary Losses or Extraordinary Losses, Settlement Class Members may submit a claim to receive a pro rata equal share payment from 9 the net Settlement Fund after payment of costs of the settlement including the 10 costs of carrying out the Notice Program and Claims Administration, any 11 approved Attorneys’ Fees and Expenses Award, any approved Service 12 Awards to Representative Plaintiffs, and payments for claims for Ordinary 13 Losses, Credit Monitoring Services, and Extraordinary Losses. Should a Settlement Class Member choose to select an Alternative Cash Payment, there 16 is a possibility that they may receive no payment if the total approved claims 17 for Ordinary Losses, Credit Monitoring, and Extraordinary Losses plus the 18 costs of the Notice Program and Claims Administration, any Attorneys’ Fees 19 and Expenses Award and Service Awards exceed the total amount of the 20 Settlement Fund. The Alternative Cash Payment may be claimed in addition 21 to Credit Monitoring Services.
Alternative Cash Payment. As an alternative to filing a claim for reimbursement of Ordinary Losses, Attested Time Spent, or Extraordinary Losses, Settlement Class Members may submit a claim to receive a pro rata payment from the net Settlement Fund after payment of costs of the settlement including the costs of carrying out the Notice Program and Claims Administration, any approved Attorneys’ Fees and Expenses Award, any approved Service Award to Representative Plaintiffs, and payments for claims for Ordinary Losses, Attested Time Spent, and Extraordinary Losses. Should Settlement Class Members chose to select an Alternative Cash Payment, there is a possibility that they may receive no payment if the total approved claims for Ordinary Losses, Attested Time Spent and Extraordinary Losses plus the costs of the Notice Program and Claims Administration, any Attorneys’ Fees and Expenses Award and Service Award exceed the total amount of the Settlement Fund.
