Common use of Calculation of Settlement Awards Clause in Contracts

Calculation of Settlement Awards. a. Subject to approval by the Superior Court, the calculations of gross (pre-tax) Settlement Awards for Settlement Class Members will be made by the Settlement Administrator. Selden’s will provide data to the Settlement Administrator reasonably necessary for the calculation of the Settlement Awards in the form of an Excel spreadsheet (or spreadsheets), which shall contain the total wages paid by Xxxxxx’x for work in the State of Washington to each Settlement Class Member during the Settlement Class Period. The Settlement Administrator shall maintain any data provided pursuant to this Agreement as private and confidential and shall not use or disclose such data to any persons or entities except as required by this Settlement, law, or Court order. b. The Settlement Administrator shall be responsible for calculating the gross amounts of the Settlement Awards for Settlement Class Members in conformity with this Agreement. Each Settlement Class Member shall receive a minimum settlement payment of Fifty and no/100 Dollars ($50.00). The remaining amounts from the Class Fund will be allocated to individual Settlement Class Members pro rata by dividing each Settlement Class Member’s total wages paid by Xxxxxx’x during the Settlement Class Period by the total aggregate wages paid to all Settlement Class Members and then multiplying the resulting ratio by the remaining amounts in the Class Fund. c. The Settlement Administrator shall provide Selden’s and Class Counsel with an electronic report setting forth the results of their calculation of the gross Settlement Awards for Settlement Class Members. Xxxxxx’x and Class Counsel shall have ten (10) days after receiving this electronic report to review the Settlement Administrator’s gross Settlement Award calculations for compliance with the terms of this Agreement and to submit any concerns in writing to the Settlement Administrator. Thereafter, the Parties shall meet and confer within five (5) days in an attempt to resolve any disputes relating to the calculations of the gross amounts of Settlement Awards. If the Parties are unable to resolve any disputes about calculating the gross Settlement Awards pursuant to this Agreement, they shall submit their respective positions in writing to the Superior Court, which shall make the final decision regarding any disputed calculations of any Settlement Awards for any Settlement Class Members.

Calculation of Settlement Awards. a. Subject to approval by the Superior Court, the calculations of gross (pre-tax) Settlement Awards for Settlement each Class Members Member will be made by the Settlement AdministratorClass Counsel based on records that have been or will be submitted to Class Counsel by The Company, which records are presumed to be accurate. Selden’s The Company will provide data to the Settlement Administrator Plaintiffs’ counsel reasonably necessary for the calculation of the Settlement Awards in the form of an Excel spreadsheet (or spreadsheets), which shall contain the total wages paid by Xxxxxx’x data for work all time each Settlement Class Member worked as an hourly, non-exempt restaurant employee in the State of Washington to each Settlement Class Member during the Settlement Class PeriodPeriod with an indication of whether the hours worked were as a server or non-server. To the extent not already produced to Class Counsel, The Company shall provide the Excel spreadsheet(s) containing the foregoing data to Class Counsel within thirty (30) days after this Agreement is preliminarily approved by the Superior Court. Any data provided to Class Counsel or the Settlement Administrator pursuant to this Agreement shall be used solely for the purposes of administering this Settlement and not for any other purpose. Class Counsel and the Settlement Administrator shall maintain any data provided pursuant to this Agreement as private and confidential and shall not use or disclose such data to any persons or entities except as required by this Settlement, law, or Court order. b. The Settlement Administrator Class Counsel shall be responsible for calculating the gross amounts of the individual Settlement Awards for Settlement Class and Subclass Members in conformity with this Agreement. Each Settlement Class Member shall receive a minimum settlement payment of Fifty and no/100 Dollars ($50.00). The remaining amounts monies from the Class Fund will be allocated to individual Settlement Class Members pro rata by dividing each Settlement Class Member’s total wages paid by Xxxxxx’x during the Settlement Class Period Weighted Hours Worked, as defined herein, by the total aggregate wages paid to Weighted Hours Worked by all Settlement Class Members and then multiplying the resulting ratio by the remaining amounts monies in the Class Fund. c. Class Counsel shall provide The Company and the Settlement Administrator shall provide Selden’s and Class Counsel with an electronic report setting forth the results of their calculation of the gross Settlement Awards for Settlement Class Members. Xxxxxx’x The Company and Class Counsel the Settlement Administrator shall have ten (10) days after receiving this electronic report to review the Settlement AdministratorClass Counsel’s gross Settlement Award calculations for compliance with the terms of this Agreement and to submit any concerns in writing to the Settlement AdministratorClass Counsel. Thereafter, the Parties shall meet and confer within five (5) days in an attempt to resolve any disputes relating to the calculations of the gross amounts of individual Settlement Awards. If the Parties are unable to resolve any disputes about calculating the gross Settlement Awards pursuant to this Agreement, they shall submit their respective positions in writing to the Superior Court, which shall make the final decision regarding any disputed calculations of any Settlement Awards Award for any Settlement Class MembersMember.

Calculation of Settlement Awards. a. Subject to approval by the Superior Court, the calculations of gross (pre-tax) Settlement Awards for Settlement Class Members will be made by the Settlement AdministratorAdministrator based on records submitted to the Settlement Administrator by the Company, which records are presumed to be accurate. Selden’s The Company will provide data to the Settlement Administrator reasonably necessary for the calculation of the Settlement Awards in the form of an Excel spreadsheet (or spreadsheets), which shall contain the total wages paid by Xxxxxx’x for work in the State of Washington to each Settlement Proposed Class Member during the Settlement Class Period. The Company shall provide the Excel spreadsheet(s) containing the foregoing data to the Settlement Administrator within twenty (20) business days after this Agreement is preliminarily approved by the Superior Court. Any data provided to the Settlement Administrator pursuant to this Agreement shall be used solely for the purposes of administering this Settlement and not for any other purpose. The Settlement Administrator shall maintain any data provided pursuant to this Agreement as private and confidential and shall not use or disclose such data to any persons or entities except as required by this Settlement, law, or Court order. b. The Settlement Administrator shall be responsible for calculating the gross amounts of the Settlement Awards for Settlement Class Members in conformity with this Agreement. Each Settlement Class Member shall receive a minimum settlement payment of Fifty and no/100 Two Hundred Dollars ($50.00200). The remaining amounts monies from the Class Fund will be allocated to individual Settlement Class Members pro rata based on wages paid during the Settlement Class Period, with the amounts being calculated by dividing each Settlement Class Member’s total wages paid by Xxxxxx’x during the Settlement Class Period by the total aggregate wages paid to earned by all Settlement Class Members during the Settlement Class Period and then multiplying the resulting ratio by the remaining amounts in portion of the Class FundFund allocated to these payments. c. The Settlement Administrator shall provide Selden’s the Company and Class Counsel with an electronic report setting forth the results of their calculation of the gross Settlement Awards for Settlement Class Members. Xxxxxx’x The Company and Class Counsel shall have ten (10) business days after receiving this electronic report to review the Settlement Administrator’s gross Settlement Award calculations for compliance with the terms of this Agreement and to submit any concerns in writing to the Settlement Administrator. Thereafter, the Parties shall meet and confer within five (5) business days in an attempt to resolve any disputes relating to the calculations of the gross amounts of Settlement Awards. If the Parties are unable to resolve any disputes about calculating the gross Settlement Awards pursuant to this Agreement, they shall submit their respective positions in writing to the Superior Court, which shall make the final decision regarding any disputed calculations of any Settlement Awards for any Settlement Class Members.

Calculation of Settlement Awards. a. Subject to approval by the Superior Court, the calculations of gross (pre-tax) Settlement Awards for Settlement Class Members will be made by the Settlement AdministratorAdministrator based on records that have been or will be submitted to Class Counsel and the Settlement Administrator by the Company, which records are presumed to be accurate. Selden’s The Company has provided or will provide data to Class Counsel and the Settlement Administrator reasonably necessary for the calculation of the Settlement Awards in the form of an Excel spreadsheet (or spreadsheets), which shall contain data regarding the total wages paid number of shifts worked by Xxxxxx’x for work in the State of Washington to each Settlement Proposed Class Member during the Settlement Class Period. The To the extent not already produced to Class Counsel and the Settlement Administrator, the Company shall provide the Excel spreadsheet(s) containing the foregoing data to Class Counsel within 45 days after this Agreement is preliminarily approved by the Superior Court. Any data provided to Class Counsel and/or the Settlement Administrator pursuant to this Agreement shall be used solely for the purposes of administering this Settlement and not for any other purpose. Class Counsel and the Settlement Administrator shall maintain any data provided pursuant to this Agreement as private and confidential and shall not use or disclose such data to any persons or entities except as required by this Settlement, law, law or Court order. b. The Settlement Administrator shall be responsible for calculating the gross amounts of the Settlement Awards for Settlement Class Members in conformity with this Agreement. Each Settlement Class Member shall receive a minimum settlement payment of Fifty and no/100 Dollars ($50.00). The remaining amounts monies from the Class Fund will be allocated to individual Settlement Class Members pro rata based on the number of shifts worked during the Settlement Class Period, with the amounts being calculated by dividing each Settlement Class Member’s total wages paid by Xxxxxx’x shifts during the Settlement Class Period by the total aggregate wages paid to shifts worked by all Settlement Class Members during the Settlement Class Period and then multiplying the resulting ratio by the remaining amounts in portion of the Class FundFund allocated to these payments. c. The Settlement Administrator shall provide Selden’s the Company and Class Counsel with an electronic report setting forth the results of their calculation of the gross Settlement Awards for Settlement Class Members. Xxxxxx’x The Company and Class Counsel shall have ten (10) days after receiving this electronic report to review the Settlement Administrator’s gross Settlement Award calculations for compliance with the terms of this Agreement and to submit any concerns in writing to the Settlement Administrator. Thereafter, the Parties shall meet and confer within five (5) days in an attempt to resolve any disputes relating to the calculations of the gross amounts of Settlement Awards. If the Parties are unable to resolve any disputes about calculating the gross Settlement Awards pursuant to this Agreement, they shall submit their respective positions in writing to the Superior Court, which shall make the final decision regarding any disputed calculations of any Settlement Awards for any Settlement Class Members. d. Allocation of Settlement Awards Between Wages and Non-Wages. One-third of each Settlement Award will be treated as wages and subject to normal payroll tax withholdings and payments, and these amounts shall be reported to the taxing authorities and the Settlement Class Members on IRS Forms W-2. Two-thirds of each Settlement Award will be treated as non-wages (penalties, enhancements, and prejudgment interest) on which there will be no tax withholding and for which IRS Forms 1099 (marked “Other Income”) shall be issued to the taxing authorities and Eligible Settlement Class Members.

Calculation of Settlement Awards. a. Subject to approval by the Superior Court, the calculations of gross (pre-tax) Settlement Awards for Settlement Class Members will be made by the Settlement AdministratorClass Counsel based on records that have been or will be submitted to Class Counsel by Precision Door, which records are presumed to be accurate. Selden’s Precision Door has provided or will provide data to the Settlement Administrator Class Counsel reasonably necessary for the calculation of the Settlement Awards in the form of an Excel spreadsheet (or spreadsheets), which shall contain data regarding the total wages paid amount of commissions earned by Xxxxxx’x for work in the State of Washington to each Settlement Proposed Class Member during each year of the Settlement Class PeriodPeriod (to the extent Precision Door’s pay periods do not align to a calendar year, these annual figures shall reasonably approximate a calendar year). The To the extent not already produced to Class Counsel, Precision Door shall provide the Excel spreadsheet(s) containing the foregoing data to Class Counsel by February 16, 2024. Any data provided to Class Counsel or the Settlement Administrator pursuant to this Agreement shall be used solely for the purposes of administering this Settlement and not for any other purpose. Class Counsel and the Settlement Administrator shall maintain any data provided pursuant to this Agreement as private and confidential and shall not use or disclose such data to any persons or entities except as required by this Settlement, law, law or Court order. Notwithstanding the above, Class Counsel may disclose individual commissions data to individual Proposed Class Members who request such information. b. The Settlement Administrator Class Counsel shall be responsible for calculating the gross amounts of the Settlement Awards for Settlement Class Members in conformity with this Agreement. Each Settlement Class Member shall receive a minimum settlement payment of Fifty and no/100 Dollars fifty dollars ($50.00). The remaining amounts monies from the Class Fund will be allocated to individual Settlement Class Members pro rata based on commissions paid and prejudgment interest accrued on such wages (together, “individual damages”) during the Settlement Class Period, with the amounts being calculated by dividing each Settlement Class Member’s total wages paid individual damages by Xxxxxx’x the total aggregate damages calculated for all Settlement Class Members during the Settlement Class Period by the total aggregate wages paid to all Settlement Class Members and then multiplying the resulting ratio by the remaining amounts in portion of the Class FundFund allocated to these payments. c. The Class Counsel shall provide Defendant and the Settlement Administrator shall provide Selden’s and Class Counsel with an electronic report setting forth the results of their calculation of the gross Settlement Awards for Settlement Class Members. Xxxxxx’x and Class Counsel shall have ten (10) days after receiving this electronic report to review the Settlement Administrator’s gross Settlement Award calculations for compliance with the terms of this Agreement and to submit any concerns in writing to the Settlement Administrator. Thereafter, the Parties shall meet and confer within five (5) days in an attempt to resolve any disputes relating to the calculations of the gross amounts of Settlement Awards. If the Parties are unable to resolve any disputes about calculating the gross Settlement Awards pursuant to this Agreement, they shall submit their respective positions in writing to the Superior Court, which shall make the final decision regarding any disputed calculations of any Settlement Awards for any Settlement Class Members.for

Calculation of Settlement Awards. a. 1. Subject to approval by the Superior Court, the calculations of gross (pre-pre- tax) estimated Settlement Awards for Settlement Class Members will be made by Certified Public Accountant and Microsoft Certified Database Administrator Xxxxx X. Xxxx ("Award Calculation Expert") based on data to be submitted by Defendant, which is presumed to be accurate. 2. Within fourteen (14) days of signing this Agreement, Defendant will provide Class Counsel with an Excel spreadsheet containing an accurate list of each Settlement Class Member's name, employee ID number, phone number, mailing address, email address, whether the Settlement AdministratorClass Member is a member of the Unpaid Work and Meal Break Class, and whether the Settlement Class Member is a member of the Sick Leave Class. Selden’s Additionally, within fourteen (14) days of signing this Agreement, Defendant will provide Class Counsel with (I) timekeeping data for all Settlement Class Members for the entire Settlement Class Period in the form provided in PREMERA_DICK0000475 for the period through the end of 2018 and in the form provided in PREMERA_DICK0000480 for the period from January 1, 2019 through February 10, 2022 and (2) pay rate data in the form provided in the "Compensation History" tab of PREMERA_DICK0000669 for the period from March 3, 2018 to February 10, 2022. Defendant will also provide the social security number of each Settlement Class Member to the Settlement Administrator for tax reporting purposes. Upon request from the Award Calculation Expert, Settlement Administrator, or Class Counsel, Defendant will provide other data as reasonably necessary for the to complete award calculation of the or settlement administration duties under this Agreement. 3. Final Settlement Awards in will be calculated after the form of an Excel spreadsheet (or spreadsheets), which shall contain Objection/Opt-Out Deadline to determine the total wages paid by Xxxxxx’x appropriate award for work in the State of Washington to each Settlement Class Member during the Settlement Class Period. The Settlement Administrator shall maintain any data provided pursuant to this Agreement as private and confidential and shall who does not use or disclose such data to any persons or entities except as required by this Settlement, law, or Court order. b. The Settlement Administrator shall be responsible for calculating the gross amounts opt out of the Settlement Awards for Settlement ("Qualified Class Members in conformity with this Agreement. Each Settlement Class Member shall receive a minimum settlement payment of Fifty and no/100 Dollars ($50.00Member"). The remaining amounts from the Class Fund will be allocated to individual Settlement Class Members pro rata by dividing each Settlement Class Member’s total wages paid by Xxxxxx’x during the Settlement Class Period by the total aggregate wages paid to all Settlement Class Members and then multiplying the resulting ratio by the remaining amounts in the Class Fund. c. The Settlement Administrator Award Calculation Expert shall provide Selden’s and Class Counsel counsel for the Parties with an electronic report setting forth the results of their calculation of the gross Settlement Awards for Settlement Class Members. Xxxxxx’x and Class Counsel shall have ten (10) days after receiving this electronic report to review the Settlement Administrator’s gross Settlement Award calculations for compliance with the terms of this Agreement and to submit any concerns in writing to the Settlement Administrator. Thereafter, the Parties shall meet and confer within five (5) days in an attempt to resolve any disputes relating to the calculations of the gross amounts of Settlement Awardsthese calculations. If the Parties are unable to resolve any disputes about calculating the gross Settlement Awards pursuant to this Agreement, they shall submit their respective positions in writing to the Superior Court, which who shall make the final decision regarding any disputed calculations of any Settlement Awards for any Settlement Class MembersAwards.

Calculation of Settlement Awards. a. Subject to approval by the Superior Court, the calculations of gross (pre-tax) Settlement Awards for Settlement Class Members will be made by the Settlement AdministratorAdministrator based on records that have been or will be submitted to the Settlement Administrator by HRG, which records are presumed to be accurate. Selden’s HRG has provided or will provide data to Plaintiff’s counsel and the Settlement Administrator reasonably necessary for the calculation of the Settlement Awards in the form of an Excel spreadsheet (or spreadsheets), which shall contain the total wages paid by Xxxxxx’x data regarding: (a) timesheet data for work in the State of Washington to all time each Settlement Proposed Class Member worked in a Covered Position during the Settlement Class Period; and (b) timesheet data for all time each Proposed Class Member worked in a Covered Position during the Service Charge Period. The To the extent not already produced to Class Counsel, HRG shall provide the Excel spreadsheet(s) containing the foregoing data to Class Counsel and the Settlement Administrator within thirty (30) days after this Agreement is executed. Any data provided to Class Counsel or the Settlement Administrator pursuant to this Agreement shall be used solely for the purposes of administering this Settlement and not for any other purpose. Class Counsel and the Settlement Administrator shall maintain any data provided pursuant to this Agreement as private and confidential and shall not use or disclose such data to any persons or entities except as required by this Settlement, law, law or Court order. b. The Settlement Administrator shall be responsible for calculating the gross amounts of the Settlement Awards for Settlement Class Members in conformity with this Agreement. Each Every Settlement Class Member shall receive will be entitled to a minimum settlement payment of Fifty and no/100 Dollars ($50.00). The remaining amounts from 5.00; then, as to the balance of the Class Fund will be allocated to individual Fund, Settlement Class Members pro rata by dividing each will be paid as follows: (i) Each Settlement Class Member’s total wages paid by Xxxxxx’x Weeks Worked during the Settlement Class Period will be divided by the sum total aggregate wages paid to of all Settlement Class Members and Members’ Weeks Worked during the Settlement Class Period. This calculation will result in a percentage figure for each Settlement Class Member (the “Settlement Class Period Percentage Figure”), which will then multiplying be multiplied by the Class Portion, with the resulting ratio figure being paid to the Settlement Class Member; (ii) Each Settlement Class Member’s Weeks Worked during the Service Charge Period will be divided by the remaining amounts sum total of all Settlement Class Members’ Weeks Worked during the Service Charge Period. This calculation will result in a percentage figure for each Settlement Class Member (the “Service Charge Period Percentage Figure”), which will then be multiplied by the Service Charge Portion, with the resulting figure being paid to the Settlement Class FundMember. The results of the foregoing calculations for each Settlement Class Member shall be referred to as a Settlement Award (or collectively, the Settlement Awards). c. The Settlement Administrator shall provide Selden’s and Class Counsel and HRG with an electronic report setting forth the results of their its calculation of the gross Settlement Awards for Settlement Class Members. Xxxxxx’x HRG and Class Counsel shall have ten (10) days after receiving this electronic report to review the Settlement Administrator’s gross Settlement Award calculations for compliance with the terms of this Agreement and to submit any concerns in writing to the Settlement Administrator. Thereafter, the Parties shall meet and confer within five (5) days in an attempt to resolve any disputes relating to the calculations of the gross amounts of Settlement Awards. If the Parties are unable to resolve any disputes about calculating the gross Settlement Awards pursuant to this Agreement, they shall submit their respective positions in writing to the Superior Court, which shall make the final decision regarding any disputed calculations of any Settlement Awards for any Settlement Class Members.

Calculation of Settlement Awards. a. Subject to approval by the Superior Court, the calculations of gross (pre-tax) Settlement Awards for Settlement Class Members will be made by the Settlement AdministratorAdministrator based on records that have been or will be submitted to the Settlement Administrator by Arjo, which records are presumed to be accurate. Selden’s Arjo has provided or will provide data to the Settlement Administrator reasonably necessary for the calculation of the Settlement Awards in the form of an Excel spreadsheet (or spreadsheets), which shall contain the total data for W2 wages paid by Xxxxxx’x for work in the State of Washington to each Settlement Class Member during Member. Arjo shall provide the Excel spreadsheet(s) containing the foregoing data to the Settlement Class PeriodAdministrator within thirty (30) days after this Agreement is preliminarily approved by the Superior Court. Any data provided to the Settlement Administrator pursuant to this Agreement shall be used solely for the purposes of administering this Settlement and not for any other purpose. The Settlement Administrator shall maintain any data provided pursuant to this Agreement as private and confidential and shall not use or disclose such data to any persons or entities except as required by this Settlement, law, law or Court order. b. The Settlement Administrator shall be responsible for calculating the gross amounts of the Settlement Awards for Settlement Class Members in conformity with this Agreement. Each Settlement Class Member shall receive a minimum settlement payment of Fifty and no/100 Dollars ($50.00). , subject to applicable payroll tax withholdings pursuant to Section d. The remaining amounts monies from the Class Fund will be allocated to individual Settlement Class Members pro rata by dividing each Settlement Class Member’s total wages workweeks worked for Arjo in the State of Washington in an hourly-paid by Xxxxxx’x position for Arjo during the Settlement Class Period by the total aggregate wages workweeks worked for Arjo in the State of Washington in hourly-paid to all positions during the Settlement Class Members Period and then multiplying the resulting ratio by the remaining amounts monies in the Class Fund. Such monies are also subject to applicable payroll tax withholdings pursuant to Section VI.4.d. c. The Settlement Administrator shall provide Selden’s the Company and Class Counsel with an electronic report setting forth the results of their calculation of the gross Settlement Awards for Settlement Class Members. Xxxxxx’x and Class Counsel shall have ten (10) days after receiving this electronic report to review the Settlement Administrator’s gross Settlement Award calculations for compliance with the terms of this Agreement and to submit any concerns in writing to the Settlement Administrator. Thereafter, the Parties shall meet and confer within five (5) days in an attempt to resolve any disputes relating to the calculations of the gross amounts of Settlement Awards. If the Parties are unable to resolve any disputes about calculating the gross Settlement Awards pursuant to this Agreement, they shall submit their respective positions in writing to the Superior Court, which shall make the final decision regarding any disputed calculations of any Settlement Awards for any Settlement Class Members.for

Calculation of Settlement Awards. a. Subject to approval by the Superior Court, the calculations of gross (pre-tax) Settlement Awards for Settlement Class Members will be made by the Settlement Administrator. Selden’s will provide data to the Settlement Administrator reasonably necessary for the calculation of the Settlement Awards in the form of an Excel spreadsheet (or spreadsheets), which shall contain the total wages paid by Xxxxxx’x for work in the State of Washington to each Settlement Class Member during the Settlement Class Period. The Settlement Administrator shall maintain any data provided pursuant to this Agreement as private and confidential and shall not use or disclose such data to any persons or entities except as required by this Settlement, law, or Court order. b. The Settlement Administrator Counsel shall be responsible for calculating the gross amounts of the Settlement Awards for Members of the Settlement Class Members Classes in conformity with this Agreement. Each Such calculations will be subject to review by Defense Counsel. For purposes of calculating the aggregate proportional share of the Net Class Fund for each Member of the Settlement Class Member shall receive a minimum settlement payment of Fifty Classes and no/100 Dollars ($50.00). The remaining amounts from thus determining the Settlement Award to be paid to that member, the Net Class Fund will be allocated as follows: a. Members of the Non‐Exempt Employee Class shall be entitled to individual Settlement a proportional share of ninety‐eight percent of the total Net Class Fund (the “Non‐Exempt Employee Portion”). Members of the Non‐Exempt Employee Class will be paid a pro rata by dividing share of the Non‐Exempt Employee Portion based on Class Counsel’s calculations of the damages for each Settlement member of the Non‐Exempt Employee Class. b. Members of the Banquet Server Class Member’s total wages paid by Xxxxxx’x during the Settlement Class Period by shall be entitled to a proportional share of two percent of the total aggregate wages Net Class Fund (the “Banquet Server Portion”). Members of the Banquet Server Class will be paid a pro rata share of the Banquet Server Portion based on banquet service charges actually paid to all Settlement each member of the Banquet Server Class Members between April 24, 2014 and then multiplying the resulting ratio by the remaining amounts in the Class FundDecember 31, 2016. c. Class Counsel shall calculate the estimated gross Settlement Award for each Member of the Settlement Classes in accordance with Section II.C.2 above. Within five (5) days of the date the Court issues the Preliminary Approval Order, Class Counsel will produce a spreadsheet to Defense Counsel together with adequate supporting information and a description of the methodology used to prepare all such calculations. Defendants will have five (5) business days to review the spreadsheet and provide any proposed revisions to Class Counsel. No later than five (5) business days before the Initial Mailing Date, Class Counsel will produce a final spreadsheet to Defendants and the Settlement Administrator setting forth those estimated Settlement Awards. The Settlement Administrator shall will provide Selden’s and Class Counsel with an electronic report setting forth individualized estimated gross Settlement Award on the results of their calculation Notice sent to each Member of the gross Settlement Awards for Settlement Class Members. Xxxxxx’x and Classes. d. Class Counsel shall have ten calculate the final gross Settlement Award for each Member of the Settlement Classes in accordance with Section II.C.2 above. No later than seven (107) days after receiving this electronic report the Court issues the Final Approval Order, Class Counsel will produce a spreadsheet to Defense Counsel to review the Settlement Administrator’s Awards. No later than fourteen (14) days after the Court issues the Final Approval Order, Defendants will provide any proposed revisions to the Settlement Awards to Class Counsel. No later than twenty‐one (21) days after the Court issues the Final Approval Order, Class Counsel will produce a final spreadsheet to Defendants and the Settlement Administrator setting forth the Settlement Awards for each Member of the Settlement Classes (the “Final Settlement Spreadsheet”). Class Counsel is solely responsible for the determination of the final gross Settlement Award calculations for compliance each Member of the Settlement Classes. e. Members of the Settlement Classes shall not be required to complete a claim form in order to share in the Net Class Fund. A check representing each such member’s Settlement Award shall be mailed to that member in accordance with the terms of this Agreement and to submit any concerns in writing to the Settlement Administrator. Thereafter, the Parties shall meet and confer within five (5) days in an attempt to resolve any disputes relating to the calculations of the gross amounts of Settlement Awards. If the Parties are unable to resolve any disputes about calculating the gross Settlement Awards pursuant to this Agreement, they shall submit their respective positions in writing to the Superior Court, which shall make the final decision regarding any disputed calculations of any Settlement Awards for any Settlement Class Members.

Calculation of Settlement Awards. a. Subject to approval by the Superior Court, the calculations of gross (pre-tax) Settlement Awards for Settlement Class Members will be made by the Settlement AdministratorClass Counsel based on records that have been or will be submitted to Class Counsel by Established Moving, which records are presumed to be accurate. Selden’s Established Moving has provided or will provide data to the Settlement Administrator Plaintiffs’ counsel reasonably necessary for the calculation of the Settlement Awards in the form of an Excel spreadsheet (or spreadsheets), which shall contain the total wages paid by Xxxxxx’x data regarding: (a) payroll data for work in the State of Washington to all time each Settlement Proposed Class Member worked during the Settlement Class Period; (b) timesheet data for all time each Proposed Class Member worked during the Settlement Class Period; and (c) each Proposed Class Member’s rate(s) of pay for hours worked during the Settlement Class Period (to the extent not contained or reflected within the foregoing payroll and timesheet data). The To the extent not already produced to Class Counsel, Established Moving shall provide the Excel spreadsheet(s) containing the foregoing data to Class Counsel within twenty (20) days after this Agreement is executed. Any data provided to Class Counsel or the Settlement Administrator pursuant to this Agreement shall be used solely for the purposes of administering this Settlement and not for any other purpose. Class Counsel and the Settlement Administrator shall maintain any data provided pursuant to this Agreement as private and confidential and shall not use or disclose such data to any persons or entities except as required by this Settlement, law, law or Court order. b. The Settlement Administrator Class Counsel shall be responsible for calculating the gross amounts of the Settlement Awards for Settlement Class Members in conformity with this Agreement. Each Settlement Class Members will be paid a pro rata share of the Class Fund based on Class Counsel’s damages calculations, which take into account the hourly rates, number of potential overtime hours, number of potential unpaid hours, and amount of potential Paid Sick and Safe Leave for each Settlement Class Member shall receive a minimum settlement payment as compared with the hourly rates, number of Fifty potential overtime hours, number of potential unpaid hours, and no/100 Dollars ($50.00). The remaining amounts from the Class Fund will be allocated to individual Settlement Class Members pro rata by dividing each Settlement Class Member’s total wages paid by Xxxxxx’x during the Settlement Class Period by the total aggregate wages paid to amount of potential Paid Sick and Safe Leave for all Settlement Class Members and then multiplying the resulting ratio by the remaining amounts in the Class FundMembers. c. The Class Counsel shall provide Defendants and the Settlement Administrator shall provide Selden’s and Class Counsel with an electronic report setting forth the results of their calculation of the gross Settlement Awards for Settlement Class Members. Xxxxxx’x and Class Counsel Defendants shall have ten (10) days after receiving this electronic report to review the Settlement AdministratorClass Counsel’s gross Settlement Award calculations for compliance with the terms of this Agreement and to submit any concerns in writing to the Settlement AdministratorClass Counsel. Thereafter, the Parties shall meet and confer within five (5) days in an attempt to resolve any disputes relating to the calculations of the gross amounts of Settlement Awards. If the Parties are unable to resolve any disputes about calculating the gross Settlement Awards pursuant to this Agreement, they shall submit their respective positions in writing to the Superior Court, which shall make the final decision regarding any disputed calculations of any Settlement Awards for any Settlement Class Members.

Calculation of Settlement Awards. a. Subject to approval by the Superior Court, the calculations of gross (pre-tax) Settlement Awards for Settlement Class Members will be made by the Settlement AdministratorAdministrator based on records that have been or will be submitted to the Settlement Administrator by Defendant, which records are presumed to be accurate. Selden’s Defendant has provided or will provide data to the Settlement Administrator reasonably necessary for the calculation of the Settlement Awards in the form of an Excel spreadsheet (or spreadsheets), which shall contain the total wages paid by Xxxxxx’x for work in the State Class Members’ number of Washington to each Settlement Class Member Workweeks worked during the Settlement Class Period. For purposes of this Agreement, a “Workweek” means any week during which a Proposed Class Member worked for Defendant for at least one day during the Settlement Class Period. Defendant shall provide the Excel spreadsheet(s) containing the foregoing data to the Settlement Administrator within thirty (30) calendar days after this Agreement is preliminarily approved by the Superior Court. Any data provided to the Settlement Administrator pursuant to this Agreement shall be used solely for the purposes of administering this Settlement and not for any other purpose. The Settlement Administrator shall maintain any data provided pursuant to this Agreement as private and confidential and shall not use or disclose such data to any persons or entities except as required by this Settlement, law, or Court order. b. The Settlement Administrator shall be responsible for reviewing the data provided by Defendant and calculating the gross amounts of the Settlement Awards for Settlement Class Members in conformity with this Agreement. Each Settlement Class Member shall receive a minimum settlement payment of Fifty and no/100 Dollars ($50.00). The remaining amounts from the Class Fund will be allocated to individual Settlement Class Members pro rata based on workweeks worked, by (a) dividing each the Class Fund by the total number of Workweeks worked by all Settlement Class Member’s total wages paid by Xxxxxx’x Members during the Settlement Class Period and (b) multiplying the result by the total aggregate wages paid to all number of Workweeks worked by each individual Settlement Class Members and then multiplying the resulting ratio by the remaining amounts in the Class FundMember. c. The Settlement Administrator shall provide Selden’s the Defendant and Class Counsel with an electronic report setting forth the results of their calculation of the gross Settlement Awards for Settlement Class Members. Xxxxxx’x In this report, Settlement Class Member identifying information (including names, addresses, social security numbers) shall be excluded, and each Settlement Class Member shall be identified by a unique number. The Defendant and Class Counsel shall have ten (10) business days after receiving this electronic report to review the Settlement Administrator’s gross Settlement Award calculations for compliance with the terms of this Agreement and to submit any concerns in writing to the Settlement Administrator. Thereafter, the Parties shall meet and confer within five (5) business days in an attempt to resolve any disputes relating to the calculations of the gross amounts of Settlement Awards. If the Parties are unable to resolve any disputes about calculating the gross Settlement Awards pursuant to this Agreement, they shall submit their respective positions in writing to the Superior Court, which . The Superior Court shall make the final decision regarding any disputed calculations of any Settlement Awards for any Settlement Class Members.

Calculation of Settlement Awards. a. Subject to approval by the Superior Court, the calculations of gross (pre-tax) Settlement Awards for Settlement Class Members will be made by the Settlement AdministratorAdministrator based on records that have been or will be submitted to the Settlement Administrator by EOH, which records are presumed to be accurate. Selden’s EOH has provided or will provide data to Plaintiff’s counsel and the Settlement Administrator reasonably necessary for the calculation of the Settlement Awards in the form of an Excel spreadsheet (or spreadsheets), which shall contain data regarding the total wages paid number of hours worked by Xxxxxx’x for work in the State of Washington to each Settlement Proposed Class Member during the Settlement Class Period. The To the extent not already produced to Class Counsel and the Settlement Administrator, EOH shall provide the Excel spreadsheet(s) containing the foregoing data to Class Counsel and the Settlement Administrator within thirty (30) days after this Agreement is preliminarily approved by the Superior Court. Any data provided to Class Counsel or the Settlement Administrator pursuant to this Agreement shall be used solely for the purposes of administering this Settlement and not for any other purpose. Class Counsel and the Settlement Administrator shall maintain any data provided pursuant to this Agreement as private and confidential and shall not use or disclose such data to any persons or entities except as required by this Settlement, law, law or Court order. b. The Settlement Administrator shall be responsible for calculating the gross amounts of the Settlement Awards for Settlement Class Members in conformity with this Agreement. Each Settlement Class Member shall receive a minimum settlement payment of Fifty and no/100 Twenty Dollars ($50.0020.00). The remaining amounts monies from the Class Fund will be allocated to individual Settlement Class Members pro rata by dividing each as follows: (i) Each Settlement Class Member’s total wages paid by Xxxxxx’x hours worked during the Settlement Class Period will be divided by the sum total aggregate wages paid to of all Settlement Class Members and Members’ hours worked during the Settlement Class Period. This calculation will result in a percentage figure for each Settlement Class Member (the “Class Portion Percentage Figure”), which will then multiplying be multiplied by the Class Portion, with the resulting ratio figure being paid to the Settlement Class Member; (ii) Each “front of house” Settlement Class Member’s hours worked in a “front of house” position during the Settlement Class Period will be divided by the remaining amounts sum total of all “front of house” Settlement Class Members’ hours worked during the Settlement Class Period. This calculation will result in a percentage figure for each “front of house” Settlement Class Member (the “Service Charge Portion Percentage Figure”), which will then be multiplied by the Service Charge Portion, with the resulting figure being paid to the “front of house” Settlement Class FundMember. The results of the foregoing calculations for each Settlement Class Member, in addition to the Twenty Dollar ($20.00) minimum settlement payment, shall be referred to as a Settlement Award (or collectively, the Settlement Awards). c. The Settlement Administrator shall provide Selden’s and Class Counsel and EOH with an electronic report setting forth the results of their calculation of the gross Settlement Awards for Settlement Class Members. Xxxxxx’x EOH and the Class Counsel shall have ten (10) days after receiving this electronic report to review the Settlement Administrator’s gross Settlement Award calculations for compliance with the terms of this Agreement and to submit any concerns in writing to the Settlement Administrator. Thereafter, the Parties shall meet and confer within five (5) days in an attempt to resolve any disputes relating to the calculations of the gross amounts of Settlement Awards. If the Parties are unable to resolve any disputes about calculating the gross Settlement Awards pursuant to this Agreement, they shall submit their respective positions in writing to the Superior Court, which shall make the final decision regarding any disputed calculations of any Settlement Awards for any Settlement Class Members.

Calculation of Settlement Awards. a. Subject to approval by the Superior Court, the calculations of gross (pre-tax) Settlement Awards for Settlement Class Members and Settlement Subclass Members will be made by the Settlement AdministratorClass Counsel based on records that have been or will be submitted to Class Counsel by FPG, which records are presumed to be accurate. Selden’s FPG has provided or will provide data to the Settlement Administrator Plaintiff’s counsel reasonably necessary for the calculation of the Settlement Awards in the form of an Excel spreadsheet (or spreadsheets), which shall contain data regarding: (a) payroll data for each Proposed Settlement Class Member showing the total wages paid by Xxxxxx’x deductions that were made for work in each Proposed Settlement Subclass Member for worker’s compensation/industrial insurance benefits premiums during the Settlement Class Period; (b) tax documents from the State of Washington to showing the worker’s compensation/industrial insurance benefits premium rates for each Proposed Settlement Class Member during the Settlement Class Period; (c) payroll data for all time each Proposed Subclass Member worked in a Covered Position during the Settlement Subclass Period; and (d) timesheet data for all time each Proposed Subclass Member worked in a Covered Position during the Settlement Subclass Period. The To the extent not already produced to Class Counsel, FPG shall provide the foregoing data to Class Counsel within thirty (30) days after this Agreement is preliminarily approved by the Superior Court. Any data provided to Class Counsel or the Settlement Administrator pursuant to this Agreement shall be used solely for the purposes of administering this Settlement and not for any other purpose. Class Counsel and the Settlement Administrator shall maintain any data provided pursuant to this Agreement as private and confidential and shall not use or disclose such data to any persons or entities except as required by this Settlement, law, law or Court order. b. The Settlement Administrator Class Counsel shall be responsible for calculating the gross amounts of the Settlement Awards for Settlement Class Members and Settlement Subclass Members in conformity with this Agreement. Each Settlement Class Member shall receive a minimum settlement payment of Fifty and no/100 Twenty Five Dollars ($50.0025). The remaining amounts monies from the Class Fund (after deducting for minimum settlement payments) will be allocated to individual Settlement Class Members pro rata by dividing each and Settlement Subclass Members as follows: (i) thirty percent (30%) shall be allocated to Settlement Class MemberMembers pro-rata based on the total net amounts deducted for L&I premiums as recorded in FPG’s total wages paid by Xxxxxx’x during payroll records for the Settlement Class Period by Period; and (ii) seventy percent (70%) shall be allocated to Settlement Subclass Members pro-rata based on the total aggregate wages paid to all Settlement Class Members and then multiplying number of hours worked in a Covered Position as recorded in FPG’s time records during the resulting ratio by the remaining amounts in the Class FundSubclass Period. c. The Class Counsel shall provide FPG and the Settlement Administrator shall provide Selden’s and Class Counsel with an electronic report setting forth the results of their calculation of the gross Settlement Awards for Settlement Class Members. Xxxxxx’x and Class Counsel shall have ten (10) days after receiving this electronic report to review the Settlement Administrator’s gross Settlement Award calculations for compliance with the terms of this Agreement and to submit any concerns in writing to the Settlement Administrator. Thereafter, the Parties shall meet and confer within five (5) days in an attempt to resolve any disputes relating to the calculations of the gross amounts of Settlement Awards. If the Parties are unable to resolve any disputes about calculating the gross Settlement Awards pursuant to this Agreement, they shall submit their respective positions in writing to the Superior Court, which shall make the final decision regarding any disputed calculations of any Settlement Awards for any Settlement Class Members.Members and

Calculation of Settlement Awards. a. Subject to approval by the Superior Court, the calculations of gross (pre-tax) Settlement Awards for Settlement Class Members will be made by the Settlement AdministratorAdministrator based on records submitted to the Settlement Administrator by the Company, which records are presumed to be accurate. Selden’s The Company will provide data to the Settlement Administrator reasonably necessary for the calculation of the Settlement Awards in the form of an Excel spreadsheet (or spreadsheets), which shall contain the total wages paid hours worked by Xxxxxx’x for work in the State of Washington to each Settlement Proposed Class Member during the Settlement Class Period. The Company shall provide the Excel spreadsheet(s) containing the foregoing data to the Settlement Administrator within twenty (20) business days after this Agreement is preliminarily approved by the Superior Court. Any data provided to the Settlement Administrator pursuant to this Agreement shall be used solely for the purposes of administering this Settlement and not for any other purpose. The Settlement Administrator shall maintain any data provided pursuant to this Agreement as private and confidential and shall not use or disclose such data to any persons or entities except as required by this Settlement, law, or Court order. b. The Settlement Administrator shall be responsible for calculating the gross amounts of the Settlement Awards for Settlement Class Members in conformity with this Agreement. Each Settlement Class Member shall receive a minimum settlement payment of Fifty and no/100 Two Hundred Dollars ($50.00200). The remaining amounts monies from the Class Fund will be allocated to individual Settlement Class Members pro rata based on Weighted Hours Worked during the Settlement Class Period, with the amounts being calculated by dividing each Settlement Class Member’s total wages paid by Xxxxxx’x Weighted Hours Worked during the Settlement Class Period by the total aggregate wages paid to Weighted Hours Worked by all Settlement Class Members during the Settlement Class Period and then multiplying the resulting ratio by the remaining amounts in portion of the Class FundFund allocated to these payments. c. The Settlement Administrator shall provide Selden’s the Company and Class Counsel with an electronic report setting forth the results of their calculation of the gross Settlement Awards for Settlement Class Members. Xxxxxx’x The Company and Class Counsel shall have ten (10) business days after receiving this electronic report to review the Settlement Administrator’s gross Settlement Award calculations for compliance with the terms of this Agreement and to submit any concerns in writing to the Settlement Administrator. Thereafter, the Parties shall meet and confer within five (5) business days in an attempt to resolve any disputes relating to the calculations of the gross amounts of Settlement Awards. If the Parties are unable to resolve any disputes about calculating the gross Settlement Awards pursuant to this Agreement, they shall submit their respective positions in writing to the Superior Court, which shall make the final decision regarding any disputed calculations of any Settlement Awards for any Settlement Class Members.

Calculation of Settlement Awards. a. Subject to approval by the Superior Court, the calculations of gross (pre-tax) Settlement Awards for Settlement Class Members will be made by the Settlement AdministratorClass Counsel based on records that have been or will be submitted to Class Counsel by Sea Mar, which records are presumed to be accurate. Selden’s Sea Mar has provided or will provide data to the Settlement Administrator Plaintiff’s counsel reasonably necessary for the calculation of the Settlement Awards in the form of an Excel spreadsheet (or spreadsheets), which shall contain data regarding: (a) payroll data for all time each Proposed Class Member worked in a Covered Position during the total wages paid by Xxxxxx’x for work in the State of Washington to each Settlement Class Period; and (b) timesheet data for all time each Proposed Class Member worked in a Covered Position during the Settlement Class Period. The To the extent not already produced to Class Counsel, Sea Mar shall provide the Excel spreadsheet(s) containing the foregoing data to Class Counsel within thirty (30) days after this Agreement is preliminarily approved by the Superior Court. Any data provided to Class Counsel or the Settlement Administrator pursuant to this Agreement shall be used solely for the purposes of administering this Settlement and not for any other purpose. Class Counsel and the Settlement Administrator shall maintain any data provided pursuant to this Agreement as private and confidential and shall not use or disclose such data to any persons or entities except as required by this Settlement, law, law or Court order. b. The Settlement Administrator Class Counsel shall be responsible for calculating the gross amounts of the Settlement Awards for Settlement Class Members in conformity with this Agreement. Each Settlement Class Member shall receive a minimum settlement payment of Fifty and no/100 Twenty Five Dollars ($50.0025). The remaining amounts monies from the Class Fund will be allocated to individual Settlement Class Members pro rata by dividing each Settlement Class Member’s total wages paid by Xxxxxx’x hours worked in a Covered Position during the Settlement Class Period by the total aggregate wages paid to hours worked by all Settlement Class Members in a Covered Position during the Class Period and then multiplying the resulting ratio by the remaining amounts monies in the Class Fund. c. The Class Counsel shall provide Sea Mar and the Settlement Administrator shall provide Selden’s and Class Counsel with an electronic report setting forth the results of their calculation of the gross Settlement Awards for Settlement Class Members. Xxxxxx’x and Class Counsel shall have ten (10) days after receiving this electronic report to review the Settlement Administrator’s gross Settlement Award calculations for compliance with the terms of this Agreement and to submit any concerns in writing to the Settlement Administrator. Thereafter, the Parties shall meet and confer within five (5) days in an attempt to resolve any disputes relating to the calculations of the gross amounts of Settlement Awards. If the Parties are unable to resolve any disputes about calculating the gross Settlement Awards pursuant to this Agreement, they shall submit their respective positions in writing to the Superior Court, which shall make the final decision regarding any disputed calculations of any Settlement Awards for any Settlement Class Members.for

Calculation of Settlement Awards. a. Subject to approval by the Superior Court, the calculations of gross (pre-tax) Settlement Awards for Settlement Class Members will be made by the Settlement AdministratorAdministrator based on records that have been or will be submitted to Class Counsel and the Settlement Administrator by Xxxx’s Flying Aces, which records are presumed to be accurate. SeldenXxxx’s Flying Aces has provided or will provide data to Class Counsel and the Settlement Administrator reasonably necessary for the calculation of the Settlement Awards in the form of an Excel spreadsheet (or spreadsheetsspreadsheet(s), which shall contain data regarding the total wages paid by Xxxxxx’x for work number of hours in the State of Washington to which each Settlement Proposed Class Member worked for Defendant as an hourly, non-exempt, non-managerial service employee during the Settlement Class Period. The To the extent not already produced to Class Counsel and the Settlement Administrator, Xxxx’s Flying Aces shall provide the Excel spreadsheet(s) containing the foregoing data to Class Counsel and the Settlement Administrator within thirty (30) days after this Agreement is executed. Any data provided to Class Counsel or the Settlement Administrator pursuant to this Agreement shall be used solely for the purposes of administering this Settlement and not for any other purpose. Class Counsel and the Settlement Administrator shall maintain any data provided pursuant to this Agreement as private and confidential and shall not use or disclose such data to any persons or entities except as required by this Settlement, law, law or Court order. b. The Settlement Administrator shall be responsible for calculating the gross amounts of the Settlement Awards for Settlement Class Members in conformity with this Agreement. Each Every Settlement Class Member shall receive will be entitled to a minimum settlement payment of Fifty and no/100 Dollars ($50.00). The remaining amounts from 5.00; then, as to the balance of the Class Fund will be allocated to individual Fund, Settlement Class Members pro rata by dividing each will be paid as follows: Each Settlement Class Member’s total wages paid by Xxxxxx’x Hours Worked during the Settlement Class Period will be divided by the sum total aggregate wages paid to of all Settlement Class Members and Members’ Hours Worked during the Settlement Class Period. This calculation will result in a percentage figure for each Settlement Class Member (the “Settlement Class Period Percentage Figure”). The Settlement Class Period Percentage Figure for each Settlement Class Member will then multiplying the resulting ratio be multiplied by the remaining amounts in Class Fund (i.e., the Class FundFund less the minimum $5.00 payment per Settlement Class Member), with the resulting figure, plus the $5.00 minimum payment, being paid to the Settlement Class Member. The results of the foregoing calculations for each Settlement Class Member shall be referred to as a Settlement Award (or collectively, the Settlement Awards). c. The Settlement Administrator shall provide Selden’s and Class Counsel and Xxxx’s Flying Aces with an electronic report setting forth the results of their calculation of the gross Settlement Awards for Settlement Class Members. Xxxxxx’x Xxxx’s Flying Aces and Class Counsel shall have ten (10) days after receiving this electronic report to review the Settlement Administrator’s gross Settlement Award calculations for compliance with the terms of this Agreement and to submit any concerns in writing to the Settlement Administrator. Thereafter, the Parties shall meet and confer within five (5) days in an attempt to resolve any disputes relating to the calculations of the gross amounts of Settlement Awards. If the Parties are unable to resolve any disputes about calculating the gross Settlement Awards pursuant to this Agreement, they shall submit their respective positions in writing to the Superior Court, which shall make the final decision regarding any disputed calculations of any Settlement Awards for any Settlement Class Members.