Common use of Maximum Settlement Amount Clause in Contracts

Maximum Settlement Amount. As consideration, Defendant agree to pay a non- reversionary maximum amount (“Maximum Settlement Amount”) of $1,000,000.00 in full and complete settlement of this matter, as follows: A. The Parties have agreed to engage CPT Group Inc. as the “Claims Administrator” to administer this Settlement. B. The Maximum Settlement Amount shall be deposited with the Claims Administrator in up to three equal installments, as follows: (1) The first installment payment in the amount of $333,333.34 shall be deposited with the Claims Administrator within 30 days of the Court’s final approval of this Settlement; (2) The second installment payment in the amount of $333,333.33 shall be deposited with the Claims Administrator by January 1, 2023; (3) The third installment payment in the amount of $333,333.33 shall be deposited with the Claims Administrator by January 1, 2024; C. The Maximum Settlement Amount includes: (1) All payments (including interest) to the Settlement Class; (2) All costs of the Claims Administrator associated with the administration of the Settlement, which are anticipated to be no greater than $29,000.00; (3) Up to $10,00.00 for each Class Representative’s Enhancement Payment (total up to $20,000.00) in recognition of Plaintiffs’ contributions to the Lawsuit and their service to the Settlement Class. In the event that the Court reduces or does not approve the requested Class Representatives Enhancement Payment, the difference between $10,000.00 and the amount approved by the court will revert to the Net Settlement Amount, defined below, and Plaintiffs shall not have the right to revoke this Settlement and it will remain binding; (4) Up to thirty-three and one-third percent (33.33%) of the Maximum Settlement Amount in attorneys’ fees, which is currently estimated at $333,333.33, plus actual costs and expenses related to the Lawsuit, which are not to exceed $30,000.00, as supported by declaration. In the event that the Court reduces or does not approve the requested attorneys’ fees and costs, the difference between the requested and the amount approved by the court will revert to the Net Settlement Amount, and Plaintiffs shall not have the right to revoke this Settlement, and it will remain binding; (5) $100,000.00 of the Maximum Settlement Amount has been set aside by the Parties as PAGA civil penalties. Per Labor Code Section 2699(i), 75% of such penalties, or $75,000.00, will be payable to the California Labor & Workforce Development Agency (“LWDA”) for its share of PAGA penalties, and the remaining 25%, or $25,000.00, will be payable to the eligible members of the Settlement Class as the “PAGA Amount.” D. Defendant shall pay the standard company share of payroll taxes on all wages paid as part of this Settlement separate and apart from the Maximum Settlement Amount. The Claims Administrator shall be responsible for calculating and submitting Defendant’s share of payroll taxes after advising Defendant of the amount owed. Defendant shall deposit its share of payroll taxes within 14 calendar days following the deposit of the Maximum Settlement Amount, including the third and final installment payment, with the Claims Administrator. Except for the Defendant’s share of payroll taxes as provided in this Settlement Agreement, and as provided for in the Escalator Clause set forth in Paragraph 3.E, under no circumstances shall Defendant be required to pay more than the Maximum Settlement Amount. Defendant’s payment obligations with respect to each installment payment made pursuant to this Settlement Agreement are satisfied upon the successful electronic transfer of funds in the amounts provided for in Paragraph

Maximum Settlement Amount. As consideration, Defendant agree agrees to pay a non- reversionary maximum amount (“Maximum Settlement Amount”) of $1,000,000.00 200,000.00 in full and complete settlement of this matter, as follows: A. The Parties have agreed agree to engage CPT Group Inc. as ILYM the “Claims Administrator” to administer this Settlement. B. The Maximum Settlement Amount shall be deposited with the Claims Settlement Administrator in up to three equal installments, as follows: : (1) The first installment payment in $100,000 deposited the amount later of $333,333.34 shall be deposited with the Claims Administrator within 30 thirty days of the Court’s final approval of this Settlement; following Final Approval, or February 2, 2022, and (2) The second installment payment in $100,000 deposited six months from the amount date of $333,333.33 shall be deposited with the Claims Administrator by January 1, 2023; (3) The third installment payment in the amount of $333,333.33 shall be deposited with the Claims Administrator by January 1, 2024;Final Approval. C. The Maximum Settlement Amount includes: (1) All payments (including interest) to the Settlement Class; (2) All costs of the Claims Settlement Administrator associated with the administration of the Settlement, which are anticipated to be no greater than $29,000.0010,000.00. In the event the costs of Settlement Administration come in under $10,000.00, the difference will be added to the Net Settlement Amount; (3) Up to $10,00.00 10,000.00 for each the Class Representative’s Representative Enhancement Payment (total up to $20,000.00) each Plaintiff in recognition of Plaintiffs’ each contributions to the Lawsuit action and their Plaintiffs service to the Settlement Class. In Even in the event that the Court reduces or does not approve the requested Class Representatives Representative Enhancement Payment, Plaintiffs and Settlement Class Members shall not have the right to revoke the Settlement for that reason, and it will remain binding. The Class Representative Enhancement Payments are in addition to the Class . In the event the Court reduces the Class Representative Enhancement Awards, the difference between $10,000.00 and the amount approved by the court will revert be added to the Net Settlement Amount; (4) Up to one-third of the Maximum which is currently estimated at $66,666.67 plus actual costs and expenses related to the action, defined belowwhich are not to exceed $15,000.00, as supported by declaration. Even in the event that the Court reduces the requested Plaintiffs and Plaintiffs Settlement Class Members shall not have the right to revoke this Settlement and it will remain binding; (4) Up to thirty-three and one-third percent (33.33%) of the Maximum Settlement Amount in attorneys’ fees, which is currently estimated at $333,333.33, plus actual costs and expenses related to the Lawsuit, which are not to exceed $30,000.00, as supported by declaration. In the event for that the Court reduces or does not approve the requested attorneys’ fees and costs, the difference between the requested and the amount approved by the court will revert to the Net Settlement Amount, and Plaintiffs shall not have the right to revoke this Settlementreason, and it will remain binding;. In the event the costs, the difference will be added to the Net Settlement Amount; and (5) $100,000.00 20,000 of the Maximum Settlement Amount has been set aside by the Parties as PAGA civil penalties. Per Labor Code Section section 2699(i), 75% of such penalties, or $75,000.0015,000, will be payable to the California Labor & Workforce Development Agency (“LWDA”) for its share of PAGA penalties, and the remaining 25%, or $25,000.005,000, will be payable pro rata to Settlement Class Members who worked during the eligible members PAGA Period as t based on their total pay periods worked during the PAGA Period. The PAGA Period is defined as August 6, 2019 through the earlier of the date of preliminary approval or August 2, 2021. Even if the Court reduces or increases the requested PAGA civil penalties, Plaintiffs and Settlement Class as Members shall not have the “PAGA Amount.” D. Defendant shall pay the standard company share of payroll taxes on all wages paid as part of right to revoke this Settlement separate and apart from the Maximum Settlement Amount. The Claims Administrator shall be responsible for calculating and submitting Defendant’s share of payroll taxes after advising Defendant of the amount owed. Defendant shall deposit its share of payroll taxes within 14 calendar days following the deposit of the Maximum Settlement Amount, including the third and final installment payment, with the Claims Administrator. Except for the Defendant’s share of payroll taxes as provided in this Settlement Agreementthat reason, and as provided for in the Escalator Clause set forth in Paragraph 3.E, under no circumstances shall Defendant be required to pay more than the Maximum Settlement Amount. Defendant’s payment obligations with respect to each installment payment made pursuant to this Settlement Agreement are satisfied upon the successful electronic transfer of funds in the amounts provided for in Paragraphit will remain binding.

Maximum Settlement Amount. As consideration, Defendant agree agrees to pay a non- reversionary maximum amount (“Maximum Settlement Amount”) ” of $1,000,000.00 900,000.00 in full and complete settlement of this matterthe Action, as follows: A. The Parties have agreed to engage CPT Group Inc. Phoenix Settlement Administrators as the “Claims Settlement Administrator” to administer this Settlement. B. The Defendant will fund the Maximum Settlement Amount shall be deposited with the Claims Administrator in up to three equal installments, as follows: (1) The first installment payment in the amount of $333,333.34 shall be deposited with the Claims Administrator within 30 calendar days of after the Court’s Court signs an order granting final approval of this the Settlement; (2) The second installment payment in the amount of $333,333.33 shall be deposited with the Claims Administrator by January 1, 2023; (3) The third installment payment in the amount of $333,333.33 shall be deposited with the Claims Administrator by January 1, 2024;. C. This is a non-reversionary settlement. The Maximum Settlement Amount includes: (1) All payments (including interest) to the Settlement ClassClass members; (2) All costs of the Claims Settlement Administrator associated with the administration of the Settlement, which are anticipated to be no greater than $29,000.0010,000.00; (3) Up to $10,00.00 5,000.00 for each Plaintiff’s Class Representative’s Representative Enhancement Payment (total up to $20,000.00) in recognition of Plaintiffs’ for Plaintiff’s contributions to the Lawsuit Action and their Plaintiff’s service to the Settlement Class. In the event that the Court reduces or does not approve the requested Class Representatives Representative Enhancement Payment, the difference between $10,000.00 and the amount approved by the court will revert to the Net Settlement Amount, defined below, and Plaintiffs Plaintiff shall not have the right to revoke this the Settlement Agreement for that reason, and it the Settlement will remain binding; (4) Up to thirty-three and one-third percent (33.33%) of the Maximum Settlement Amount in Class Counsel’s attorneys’ fees, which is fees (currently estimated at $333,333.33300,000.00), plus actual costs and expenses incurred by Class Counsel related to the Lawsuit, which are not to exceed $30,000.00, Action as supported by declaration, which are currently estimated to be no greater than $25,000.00. In the event that the Court reduces or does not approve the requested Class Counsel attorneys’ fees and or costs, the difference between the requested and the amount approved by the court will revert to the Net Settlement Amount, and Plaintiffs Class Counsel shall not have the right to revoke this Settlementthe Settlement Agreement based on that reason, and it the Settlement will remain binding;; and (5) $100,000.00 50,000.00 of the Maximum Settlement Amount has been set aside by the Parties as PAGA civil penalties. Per Labor Code Section § 2699(i), 75% of such penalties, or $75,000.0037,500.00, will be payable to the California Labor & Workforce Development Agency (“LWDA”) for its share of PAGA penalties), and the remaining 25%, or $25,000.0012,500.00, will be payable to the eligible members of the Settlement Class members as the “PAGA Amount,” as described below.” D. Defendant shall pay Any reduction by the standard company share Court of payroll taxes on all wages paid as part of this these requests will revert to the Net Settlement separate and apart from Amount for distribution to the Maximum Settlement Amount. The Claims Administrator shall be responsible for calculating and submitting Defendant’s share of payroll taxes after advising Defendant of the amount owed. Defendant shall deposit its share of payroll taxes within 14 calendar days following the deposit of the Maximum Settlement Amount, including the third and final installment payment, with the Claims Administrator. Except for the Defendant’s share of payroll taxes as provided in this Settlement Agreement, and as provided for in the Escalator Clause set forth in Paragraph 3.E, under no circumstances shall Defendant be required to pay more than the Maximum Settlement Amount. Defendant’s payment obligations with respect to each installment payment made pursuant to this Settlement Agreement are satisfied upon the successful electronic transfer of funds in the amounts provided for in ParagraphClass members who do not opt-out.

Maximum Settlement Amount. As consideration, Defendant agree agrees to pay a non- reversionary maximum amount (“Maximum Settlement Amount”” of Three Hundred Twenty-Five Thousand Dollars and Zero Cents ($325,000.00) of $1,000,000.00 in full and complete settlement of this matterthe Action, as follows: A. The Parties have agreed to engage CPT Group Inc. Phoenix Settlement Administrators as the “Claims Settlement Administrator” to administer this Settlement. B. The Maximum Settlement Amount shall be deposited paid by Defendant as follows: Defendant shall deposit a first installment of $162,500.00 with the Claims Administrator in up to three equal installments, as follows: (1) The first installment payment in the amount of $333,333.34 shall be deposited with the Claims Settlement Administrator within 30 (30) days of the Court’s final approval of this Settlement; (2) The the settlement. Defendant shall deposit a second installment payment in the amount of $333,333.33 shall be deposited 162,500.00 with the Claims Settlement Administrator by January 1, 2023; (3) The third installment payment in within six months of final approval of the amount of $333,333.33 shall be deposited with the Claims Administrator by January 1, 2024;settlement. C. This is a non-reversionary settlement. The Maximum Settlement Amount includes: (1) All payments (including interest) to the Settlement ClassClass members; (2) All costs of the Claims Settlement Administrator associated with the administration of the Settlement, which are anticipated to be no greater than Ten Thousand Dollars and Zero Cents ($29,000.0010,000.00); (3) Up to Seven Thousand Five Hundred Dollars and Zero Cents ($10,00.00 7,500.00) for each Plaintiff’s Class Representative’s Representative Enhancement Payment (total up to $20,000.00) in recognition of Plaintiffs’ for Plaintiff’s contributions to the Lawsuit Action and their Plaintiff’s service to the Settlement Class. In the event that the Court reduces or does not approve the requested Class Representatives Representative Enhancement Payment, the difference between $10,000.00 and the amount approved by the court will revert to the Net Settlement Amount, defined below, and Plaintiffs Plaintiff shall not have the right to revoke this the Settlement Agreement for that reason, and it the Settlement will remain binding; (4) Up to thirty-three and one-third percent (33.33%) of the Maximum Settlement Amount in Class Counsel’s attorneys’ fees, which is fees (currently estimated at $333,333.33108,333.33), plus actual costs and expenses incurred by Class Counsel related to the Lawsuit, which are not to exceed $30,000.00, Action as supported by declaration, which are currently estimated to be no greater than Twenty- Five Thousand Dollars and Zero Cents ($25,000.00). In the event that the Court reduces or does not approve the requested Class Counsel attorneys’ fees and or costs, the difference between the requested and the amount approved by the court will revert to the Net Settlement Amount, and Plaintiffs Class Counsel shall not have the right to revoke this Settlementthe Settlement Agreement based on that reason, and it the Settlement will remain binding;; and (5) Twenty Thousand Dollars and Zero Cents ($100,000.00 20,000.00) of the Maximum Settlement Amount has been set aside by the Parties as PAGA civil penalties. Per Labor Code Section § 2699(i), 75% of such penalties, or Fifteen Thousand Dollars and Zero Cents ($75,000.0015,000.00), will be payable to the California Labor & Workforce Development Agency (“LWDA”) for its share of PAGA penalties), and the remaining 25%, or Five Thousand Dollars and Zero Cents ($25,000.005,000.00), will be payable to the eligible members of the Settlement Class members as the “PAGA Amount,” as described below.” D. Defendant shall pay Any reduction by the standard company share Court of payroll taxes on all wages paid as part of this these requests will revert to the Net Settlement separate and apart from Amount for distribution to the Maximum Settlement Amount. The Claims Administrator shall be responsible for calculating and submitting Defendant’s share of payroll taxes after advising Defendant of the amount owed. Defendant shall deposit its share of payroll taxes within 14 calendar days following the deposit of the Maximum Settlement Amount, including the third and final installment payment, with the Claims Administrator. Except for the Defendant’s share of payroll taxes as provided in this Settlement Agreement, and as provided for in the Escalator Clause set forth in Paragraph 3.E, under no circumstances shall Defendant be required to pay more than the Maximum Settlement Amount. Defendant’s payment obligations with respect to each installment payment made pursuant to this Settlement Agreement are satisfied upon the successful electronic transfer of funds in the amounts provided for in ParagraphClass members who do not opt-out.

Maximum Settlement Amount. As consideration, Defendant Defendants agree to pay a non- reversionary maximum amount (“Maximum Settlement Amount”” of Three Hundred Sixty-Two Thousand Five Hundred Dollars and Zero Cents ($362,500.00) of $1,000,000.00 in full and complete settlement of this matterthe Action, as follows: A. The Parties have agreed to engage CPT Group Inc. Phoenix Settlement Administrators as the “Claims Settlement Administrator” to administer this Settlement. B. The Defendants will fund the Maximum Settlement Amount within thirty (30) calendar days after the Effective Date, which shall be deposited with the Claims Settlement Administrator and held in up to three equal installments, as follows: an established Qualified Settlement Fund (1) The first installment payment in the amount of $333,333.34 shall be deposited with the Claims Administrator within 30 days of the Court’s final approval of this Settlement; (2) The second installment payment in the amount of $333,333.33 shall be deposited with the Claims Administrator by January 1, 2023; (3) The third installment payment in the amount of $333,333.33 shall be deposited with the Claims Administrator by January 1, 2024;“QSF”). C. This is a non-reversionary settlement. The Maximum Settlement Amount includes: (1) All payments (including interest) to the Settlement ClassClass members; (2) All costs of the Claims Settlement Administrator associated with the administration of the Settlement, which are anticipated to be no greater than Twelve Thousand Dollars and Zero Cents ($29,000.0012,000.00); (3) Up to Five Thousand Dollars and Zero Cents ($10,00.00 5,000.00) for each Plaintiff’s Class Representative’s Representative Enhancement Payment (total up to $20,000.00) in recognition for Plaintiff’s general release of Plaintiffs’ claims, contributions to the Lawsuit Action, and their Plaintiff’s service to the Settlement Class. In the event that the Court reduces or does not approve the requested Class Representatives Representative Enhancement Payment, the difference between $10,000.00 and the amount approved by the court will revert to the Net Settlement Amount, defined below, and Plaintiffs Plaintiff shall not have the right to revoke this the Settlement Agreement for that reason, and it the Settlement Agreement will remain binding; (4) Up to thirty-three and one-third percent (33.33%) of the Maximum Settlement Amount in Class Counsel’s attorneys’ fees, which is fees (currently estimated at $333,333.33120,833.33), plus actual verified costs and expenses incurred by Class Counsel related to the Lawsuit, which are not to exceed $30,000.00, Action as supported by declaration, which are currently estimated to be no greater than Fifteen Thousand Dollars and Zero Cents ($15,000.00). In the event that the Court reduces or does not approve the requested Class Counsel attorneys’ fees and or costs, the difference between the requested and the amount approved by the court will revert to the Net Settlement Amount, and Plaintiffs Class Counsel shall not have the right to revoke this Settlementthe Settlement Agreement based on that reason, and it the Settlement Agreement will remain binding;; and (5) Twenty Thousand Dollars and Zero Cents ($100,000.00 20,000.00) of the Maximum Settlement Amount has been set aside by the Parties as PAGA civil penalties. Per Labor Code Section § 2699(i), 75% of such penalties, or Fifteen Thousand Dollars and Zero Cents ($75,000.0015,000.00), will be payable to the California Labor & Workforce Development Agency (“LWDA”) for its share of PAGA penalties), and the remaining 25%, or Five Thousand Dollars and Zero Cents ($25,000.005,000.00), will be payable to the eligible members of the Settlement Class members as the “PAGA Amount,” as described below.” D. Defendant shall pay Defendants will not oppose the standard company share reasonableness of payroll taxes on all wages paid as part these requests. Any reduction by the Court of this these requests will revert to the Net Settlement separate and apart from Amount for distribution to the Maximum Settlement Amount. The Claims Administrator shall be responsible for calculating and submitting Defendant’s share of payroll taxes after advising Defendant of the amount owed. Defendant shall deposit its share of payroll taxes within 14 calendar days following the deposit of the Maximum Settlement Amount, including the third and final installment payment, with the Claims Administrator. Except for the Defendant’s share of payroll taxes as provided in this Settlement Agreement, and as provided for in the Escalator Clause set forth in Paragraph 3.E, under no circumstances shall Defendant be required to pay more than the Maximum Settlement Amount. Defendant’s payment obligations with respect to each installment payment made pursuant to this Settlement Agreement are satisfied upon the successful electronic transfer of funds in the amounts provided for in ParagraphClass members who do not opt-out.