Settlement Consideration 1. In consideration for the release and discharge provided herein, Defendants shall pay the Settlement Amount into the Settlement Fund Account. 2. The Settlement Amount shall be paid as follows: a. Thirty (30) days after entry of the Court's Preliminary Approval Order of the settlement, the entire settlement amount shall be deposited into the Settlement Fund Account. All funds held by the Settlement Fund Deposit Holder shall be deemed to be in the custody of the Court until such time as the funds shall be distributed to Class Members or otherwise disbursed pursuant to this Settlement Agreement and/or further order of the Court. b. The Class will be responsible for the costs as well as expenses associated with the settlement, administration, settlement approval, class action settlement and/or notice related expenditures, the Claims Administrator, and the Court Appointed Disbursing Agent. 3. The Parties agree that, at such time as the Effective Date has occurred, the Claims Administrator may proceed to allocate and distribute the Class Settlement Fund to the members of the Payor Sub-Class according to the terms of this Settlement Agreement. 4. The members of "Sub-Class 1" or "Attempt to Recover Sub-Class" shall not be charged for the Medical Services provided by Defendants over the course of the Class Period. Defendants agree that they will take no further action to collect amounts billed to members of the Attempt To Recover Sub-Class for medical services provided during the the Class Period. If a member of the Attempt To Recover Sub-Class believes that Defendants have caused a negative credit reference to be placed in such member’s file at a national credit reporting agency on account of such member’s failure to timely pay Defendants for amounts billed for medical services provided during the the Class Period, such member shall provide Defendants with a description of the negative credit reference and the name and address of the credit reporting agency in whose records the negative credit reference is alleged to appear. Such information shall be provided within the time limits set by the Court for the filing of claims by members of the Payor Sub-Class. Where such information is timely provided, Defendants shall use their bests efforts to cause such negative credit reference to be removed from such member’s credit report. Members of the Attempt To Recover Sub-Class will receive the benefits set forth above without the necessity of filing a formal claim, except that a member of the Attempt To Recover Sub-Class must timely provide the information set forth above if such member wishes to have a negative credit reference removed from his or her credit file. 5. In the event the Settlement Agreement does not receive Final Approval from the Court, or does not become Final for some other reason, all of the funds in the Settlement Fund Account not previously spent or otherwise depleted through invoices for services or expenses incurred in connection with the administration of the Settlement, shall be returned to Defendants including interest earned thereon.
Financial Consideration A. The College/University and the Facility shall each bear their own costs associated with this Agreement and no payment is required by either the College/University or the Facility to the other party, except that, where applicable, the Facility shall pay the tuition and other educational fees of students it places in the clinical experience program. B. The Facility is not required to reimburse the College/University faculty or students for any services rendered to the Facility or its patients pursuant to this Agreement.