Common use of Compensatory Damages Clause in Contracts

Compensatory Damages. The Settlement Fund less distributions pursuant to Paragraph 8.8, Section IX and the Class Award for Backpay (and any additional monies, or less any deductions, pursuant to Paragraphs 8.2, 9.4 and/or 9.8 above) will be allocated to the Maximum Class Award for Compensatory Damages, to be distributed as follows: a) A fixed monthly amount for compensatory damages (“Compensatory Monthly Amount”) will be calculated by dividing the Maximum Class Award for Compensatory Damages (currently estimated at approximately $40,000,000.00) by the total months worked by Proposed Settlement Class Members in class-eligible jobs during the Settlement Class Period. b) A Proposed Settlement Class Member who is both (1) eligible to receive compensatory damages by submitting a timely and complete Claim Form pursuant to Paragraph 10.13 below (“Eligible Claimant”), and (2) deemed by the Claims Adjudicator to have substantiated her claim for compensatory damages pursuant to Section X.F, will receive an award of compensatory damages in an amount equal to the Compensatory Monthly Amount multiplied by the number of months the Eligible Claimant worked in a class-eligible job during the Settlement Class Period. c) In addition, an Eligible Claimant who was treated by a Medical Professional (as defined in Paragraph 2.15 above) during the period July 15, 2002 to the Preliminary Approval Date for pain and suffering resulting from gender discrimination she experienced while working in a class-eligible job, and who timely completes the requirements set forth below in Paragraph 10.15, may be entitled to an increase in her compensatory award above the amount determined pursuant to Paragraph 10.1(iv)(b). The amount of increase, if any, in an Eligible Claimant’s compensatory award will be determined by the Claims Adjudicator in his or her discretion and paid out of the Maximum Class Award for Compensatory Damages as defined above. The total of all additional compensatory damages awarded by the Claims Adjudicator pursuant to this provision shall not exceed $5,000,000.00. d) No Eligible Claimant may receive a compensatory award in an amount that exceeds the limitation on compensatory and punitive damages provided for by 42 U.S.C. § 1981a(b)(3)(D) (i.e., $300,000.00). e) Any portion of the Maximum Class Award for Compensatory Damages that is not awarded as a result of the claims process and monetary distribution procedure described in Section X herein will revert back to Novartis pursuant to the procedure described in Paragraph 8.7 above.