Funding of Common Benefit Fund is Sample Clauses

Funding of Common Benefit Fund is. “All In.” The consideration in § IV.A. is an “all in” amount that includes, without limitation, all monetary benefits and distributions to the Class Members, attorneys’ fees and expenses, escrow fees, taxes, tax expenses, pre and post- judgment interest, and all other costs and expenses relating to the Settlement (including, but not limited to, administration costs and expenses, notice costs and expenses, and settlement costs and expenses). Under no circumstances will Dominion or Santee Xxxxxx be required to pay more than their respective portions of the Settlement Amount pursuant to this Agreement and the Settlement set forth herein. In no event shall Dominion or Santee Xxxxxx be required to make any payment under this Settlement before the deadlines set forth in this Agreement. Should, at a time prior to the Effective Date, any entity agree, in a contract or binding commitment entered into after the execution of this agreement, to acquire some or all of the assets of Santee Xxxxxx on terms that would include that entity providing consideration to settle this Action or otherwise make a payment to the Class in any way related to the claims asserted in this Action, Dominion and Santee Xxxxxx retain the right to request the Court reduce their contribution to the Common Benefit Fund, as a set off, and Plaintiffs retain the right to oppose the amount of such requested set off, if any.