Common use of Monetary Awards Clause in Contracts

Monetary Awards. 5.1 The net funds to be made available from the FWC Qualified Settlement Fund for payment to the Claimants shall equal the amount of the FWC Qualified Settlement Fund less expenses, costs, and attorney fees permitted by the Settlement Agreement or the Final Orders and Judgments. 5.2 The net funds in the FWC Qualified Settlement Fund shall be distributed into the following Sub-Qualified Settlement Funds as follows: 5.2.1 Minor Child Sub-Qualified Settlement Fund–64.5% of the net funds in the FWC Qualified Settlement Fund; 5.2.2 Minor Adolescent Sub-Qualified Settlement Fund–10% of the net funds in the FWC Sub-Qualified Settlement Fund; 5.2.3 Minor Teen Sub-Qualified Settlement Fund–5% of the net funds in the FWC Qualified Settlement Fund; 5.2.4 Future Minor Sub-Qualified Settlement Fund–$35,000,000 to be taken on a prorated basis from the total amount allocated to the Minor Child, Minor Adolescent, and Minor Teen Qualified Settlement Funds; 5.2.5 Adults and Property Damage Sub-Qualified Settlement Fund–18% of the net funds in the FWC Qualified Settlement Fund (15% for Adult Claimants and 3% for Property Damage Claimants); 5.2.6 Business Economic Loss Sub-Qualified Settlement Fund– 0.5% of the net funds in the FWC Qualified Settlement Fund; and 5.2.7 Programmatic Relief Sub-Qualified Settlement Fund–2% of the net funds in the FWC Qualified Settlement Fund. 5.3 The Settlement Amount for each Sub-Qualified Settlement Fund shall be distributed to provide the Monetary Awards established for each Settlement Category set forth on Exhibit 8. Each Claimant assigned to each Settlement Category (excluding Settlement Category 27B) shall receive the same net Monetary Award, subject to any deductions for lien obligations owed by the Claimant as set forth in Article XV–Liens. Claimants assigned to each identified age group in Settlement Category 27B shall all receive the same gross Monetary Award, subject to any deductions for lien obligations owed by the Claimant as set forth in Article XV-Liens and payment of attorneys’ fees and expenses subject to Section 5.4. Such attorneys’ fees may be subject to a common benefit assessment if so ordered by the Court. 5.4 If the McLaren Defendants do not exercise the right to rescind, terminate, or cancel their participation in the Settlement Agreement as set forth in Paragraph 18.2 or Article XVII-Rescission, common benefit assessments, attorneys’ fees and expenses to be paid by Claimants assigned to Settlement Category 27B shall be determined and subtracted from their Monetary Awards subject to review and approval by the Federal Court. If the McLaren Defendants exercise their right to rescind, terminate, or cancel their participation in the Settlement Agreement as set forth in Paragraph 18.2 or Article XVII-Rescission, common benefit assessments, attorneys’ fees and expenses to be paid by Claimants assigned to Settlement Category 27B shall be determined and subtracted from their Monetary Awards pursuant to Article XI-Attorneys’ Fees, Costs, and Expenses. 5.5 Prior to distributing the FWC Qualified Settlement Fund into the Sub- Qualified Settlement Funds as set forth in Paragraph 5.6, the Claims Administrator will determine if any excess funds will remain in the Adults and Property Damage Sub-Qualified Settlement Fund and the Business Economic Loss Sub-Qualified Settlement Fund after the disbursement of Monetary Awards to those Claimants. If so, the QSF Administrator shall reassign and transfer the remaining excess funds on a pro-rated basis to and for distribution as Monetary Awards for the Minor Child, Minor Adolescent, and Minor Teen Settlement Categories. 5.6 The QSF Administrator shall distribute the net funds from the FWC Qualified Settlement Fund into the Sub-Qualified Settlement Funds thirty (30) days after both of the following events have occurred: (1) the lists required under Paragraph 3.36 have been provided to Plaintiffs’ Counsel, Defendants’ Counsel, and the Claims Administrator and (2) the QSF Administrator is advised as set forth in Paragraph 8.14 that the Settlement Agreement has become a Final Settlement Agreement. Monetary Awards from the Sub-Qualified Settlement Funds will subsequently be distributed to Claimants, directly or indirectly through their representing counsel or an applicable third-party assignee in accordance with the terms of this Settlement Agreement and the engagement agreement(s) of Plaintiffs’ Counsel with the QSF Administrator (including without limitation, via additional qualified settlement funds established upon request of Plaintiffs’ Counsel to further facilitate payment of the Monetary Awards) as soon as reasonably possible. 5.7 No Monetary Award shall be made to a Claimant until all Lien and other fees and cost obligations of the Claimant have been resolved and paid or have been withheld subject to an applicable lien holdback. The Parties intend to and have set forth procedures to fully protect the interests of CMS and all other potential lien holders. As more fully set forth in Article XV–Liens, the Lien Resolution Administrator shall be responsible for determining from information contained in the Lien Disclosure Form or otherwise provided by the Claimant or received from CMS whether there are any valid health care liens or recovery claims related to this Settlement Agreement that are or may be properly asserted against a Claimant on behalf of Medicare, any Medicare Advantage Organization, State Medicaid program, private insurers or health plans or any other governmental entity that provided or paid for health care services to the Claimant and for resolving any such applicable liens or providing directions for an applicable lien holdback before issuing a settlement payment to any Claimant who is found to have an applicable lien. 5.8 Monetary Awards to Minors and LIIs will be administered and paid only as provided for in Article XXI–Minors and LIIs. 5.9 No Monetary Award shall be paid to a third-party claims filer or claims filing service provider purporting to represent unrepresented persons or entities or Settlement Class Members seeking to register for and participate in the Settlement Program without Federal Court approval. 5.10 No Monetary Award or future payment made as a result of a Monetary Award shall be paid, transferred, alienated, or in any other manner assigned, hypothecated, factored, or pledged to any pre-settlement funding company or post- settlement factoring company. Plaintiffs’ interest in the settlement proceeds shall be preserved from any form of assignment, factoring, reduction, offset, garnishment, attachment, liens, and all other claims, legal or equitable process that may be instituted by, or on behalf of a pre-settlement funding company or post-settlement factoring company. This anti-hypothecation and anti-alienation provisions shall also extend and apply to any claim or legal or equitable process instituted by a pre- settlement funding company or post-settlement factoring company against a Plaintiff’s settlement proceeds or future benefits of the settlement proceeds.

Monetary Awards. ‌ 5.1 The net funds to be made available from the FWC Qualified Settlement Fund for payment to the Claimants shall equal the amount of the FWC Qualified Settlement Fund less expenses, costs, and attorney fees permitted by the Settlement Agreement or the Final Orders and Judgments. 5.2 The net funds in the FWC Qualified Settlement Fund shall be distributed into the following Sub-Qualified Settlement Funds as follows: 5.2.1 Minor Child Sub-Qualified Settlement Fund–64.5% of the net funds in the FWC Qualified Settlement Fund; 5.2.2 Minor Adolescent Sub-Qualified Settlement Fund–10% of the net funds in the FWC Sub-Qualified Settlement Fund; 5.2.3 Minor Teen Sub-Qualified Settlement Fund–5% of the net funds in the FWC Qualified Settlement Fund; 5.2.4 Future Minor Sub-Qualified Settlement Fund–$35,000,000 to be taken on a prorated basis from the total amount allocated to the Minor Child, Minor Adolescent, and Minor Teen Qualified Settlement Funds; 5.2.5 Adults and Property Damage Sub-Qualified Settlement Fund–18% of the net funds in the FWC Qualified Settlement Fund (15% for Adult Claimants and 3% for Property Damage Claimants); 5.2.6 Business Economic Loss Sub-Qualified Settlement Fund– 0.5% of the net funds in the FWC Qualified Settlement Fund; and 5.2.7 Programmatic Relief Sub-Qualified Settlement Fund–2% of the net funds in the FWC Qualified Settlement Fund. 5.3 The Settlement Amount for each Sub-Qualified Settlement Fund shall be distributed to provide the Monetary Awards established for each Settlement Category set forth on Exhibit 8. Each Claimant assigned to each Settlement Category (excluding Settlement Category 27B) shall receive the same net Monetary Award, subject to any deductions for lien obligations owed by the Claimant as set forth in Article XV–Liens. Claimants assigned to each identified age group in Settlement Category 27B shall all receive the same gross Monetary Award, subject to any deductions for lien obligations owed by the Claimant as set forth in Article XV-Liens and payment of attorneys’ fees and expenses subject to Section 5.4. Such attorneys’ fees may be subject to a common benefit assessment if so ordered by the Court. 5.4 If the McLaren Defendants do not exercise the right to rescind, terminate, or cancel their participation in the Settlement Agreement as set forth in Paragraph 18.2 or Article XVII-Rescission, common benefit assessments, attorneys’ fees and expenses to be paid by Claimants assigned to Settlement Category 27B shall be determined and subtracted from their Monetary Awards subject to review and approval by the Federal Court. If the McLaren Defendants exercise their right to rescind, terminate, or cancel their participation in the Settlement Agreement as set forth in Paragraph 18.2 or Article XVII-Rescission, common benefit assessments, attorneys’ fees and expenses to be paid by Claimants assigned to Settlement Category 27B shall be determined and subtracted from their Monetary Awards pursuant to Article XI-Attorneys’ Fees, Costs, and Expenses. 5.5 Prior to distributing the FWC Qualified Settlement Fund into the Sub- Qualified Settlement Funds as set forth in Paragraph 5.6, the Claims Administrator will determine if any excess funds will remain in the Adults and Property Damage Sub-Qualified Settlement Fund and the Business Economic Loss Sub-Qualified Settlement Fund after the disbursement of Monetary Awards to those Claimants. If so, the QSF Administrator shall reassign and transfer the remaining excess funds on a pro-rated basis to and for distribution as Monetary Awards for the Minor Child, Minor Adolescent, and Minor Teen Settlement Categories. 5.6 The QSF Administrator shall distribute the net funds from the FWC Qualified Settlement Fund into the Sub-Qualified Settlement Funds thirty (30) days after both of the following events have occurred: (1) the lists required under Paragraph 3.36 have been provided to Plaintiffs’ Counsel, Defendants’ Counsel, and the Claims Administrator and (2) the QSF Administrator is advised as set forth in Paragraph 8.14 that the Settlement Agreement has become a Final Settlement Agreement. Monetary Awards from the Sub-Qualified Settlement Funds will subsequently be distributed to Claimants, directly or indirectly through their representing counsel or an applicable third-party assignee in accordance with the terms of this Settlement Agreement and the engagement agreement(s) of Plaintiffs’ Counsel with the QSF Administrator (including without limitation, via additional qualified settlement funds established upon request of Plaintiffs’ Counsel to further facilitate payment of the Monetary Awards) as soon as reasonably possible. 5.7 No Monetary Award shall be made to a Claimant until all Lien and other fees and cost obligations of the Claimant have been resolved and paid or have been withheld subject to an applicable lien holdback. The Parties intend to and have set forth procedures to fully protect the interests of CMS and all other potential lien holders. As more fully set forth in Article XV–Liens, the Lien Resolution Administrator shall be responsible for determining from information contained in the Lien Disclosure Form or otherwise provided by the Claimant or received from CMS whether there are any valid health care liens or recovery claims related to this Settlement Agreement that are or may be properly asserted against a Claimant on behalf of Medicare, any Medicare Advantage Organization, State Medicaid program, private insurers or health plans or any other governmental entity that provided or paid for health care services to the Claimant and for resolving any such applicable liens or providing directions for an applicable lien holdback before issuing a settlement payment to any Claimant who is found to have an applicable lien. 5.8 Monetary Awards to Minors and LIIs will be administered and paid only as provided for in Article XXI–Minors and LIIs. 5.9 No Monetary Award shall be paid to a third-party claims filer or claims filing service provider purporting to represent unrepresented persons or entities or Settlement Class Members seeking to register for and participate in the Settlement Program without Federal Court approval. 5.10 No Monetary Award or future payment made as a result of a Monetary Award shall be paid, transferred, alienated, or in any other manner assigned, hypothecated, factored, or pledged to any pre-settlement funding company or post- settlement factoring company. Plaintiffs’ interest in the settlement proceeds shall be preserved from any form of assignment, factoring, reduction, offset, garnishment, attachment, liens, and all other claims, legal or equitable process that may be instituted by, or on behalf of a pre-settlement funding company or post-settlement factoring company. This anti-hypothecation and anti-alienation provisions shall also extend and apply to any claim or legal or equitable process instituted by a pre- settlement funding company or post-settlement factoring company against a Plaintiff’s settlement proceeds or future benefits of the settlement proceeds.