Common use of Annual Remediation Payments Clause in Contracts

Annual Remediation Payments. 1. Kroger shall make eleven (11) Annual Remediation Payments, each comprised of Base Payments and Incentive Payments as provided in this Section IV and as determined by the Settlement Fund Administrator as set forth in this Agreement, provided that the Annual Remediation Payment in Payment Year 1 shall consist solely of Base Payments. The payment schedule for the Annual Remediation Payments is attached hereto as Exhibit M-2. 2. In no instance shall Kroger’s Annual Remediation Payment obligation exceed the Annual Remediation Maximum, reduced for Non-Settling States, except as specified in the definition of “Annual Remediation Maximum” for Payment Years 3, 4, and 11. In no instance shall the sum of Kroger’s Annual Remediation Payment obligations for Payment Years 1-11 exceed the sum of Kroger’s Annual Remediation Maximums for Payment Years 1-11, reduced for Non-Settling States.

Annual Remediation Payments. 1. Kroger shall make eleven (11) Annual Remediation Payments, each comprised of Base Payments and Incentive Payments as provided in this Section IV and as determined by the Settlement Fund Administrator as set forth in this Agreement, provided that the Annual Remediation Payment in Payment Year 1 shall consist solely of Base Payments. The payment schedule for the Annual Remediation Payments is attached hereto as Exhibit M-2. 2. In no instance shall Kroger’s Annual Remediation Payment obligation exceed the Annual Remediation Maximum, reduced for Non-Settling States, except as specified in the definition of “Annual Remediation Maximum” for Payment Years 3, 4, and 11. In no instance shall the sum of Kroger’s Annual Remediation Payment obligations for Payment Years 1-11 exceed the sum of KrogerXxxxxx’s Annual Remediation Maximums for Payment Years 1-11, reduced for Non-Settling States.