MONETARY TERMS OF SETTLEMENT Sample Clauses

MONETARY TERMS OF SETTLEMENT. AMC agrees to pay Plaintiffs and Plaintiffs’ Counsel attorneys’ fees, costs, and expenses and a sum to Plaintiff LightHouse for the Blind and Visually Impaired. The amount of the payments and the timeline for remitting payments are provided for in the separate, confidential rider titled “Confidential Agreement on Monetary Settlement Terms,” executed contemporaneously with this Agreement. The payments made by AMC pursuant to the Confidential Agreement on Monetary Settlement Terms shall constitute full satisfaction of any claims by Plaintiffs and/or Plaintiffs’ Counsel for attorneys’ fees, costs, and/or expenses arising out of or associated with this matter and/or this Agreement (including, but not limited to, attorney’s fees and expert witness fees / expenses). Plaintiffs’ Counsel will provide the tax identification information to AMC that is necessary for AMC to make these payments. AMC will issue appropriate 1099 Internal Revenue Service (“IRS”) forms to Plaintiffs’ Counsel and LightHouse for the Blind and Visually Impaired for the payments. Plaintiffs’ Counsel acknowledges and agrees that it is solely and entirely responsible for the payment and discharge of any additional federal, state, and local taxes, if any, that may, at any time, be found to be due upon or as a result of the payment for attorneys’ fees and costs by AMC hereunder. LightHouse for the Blind and Visually Impaired acknowledges and agrees that it is solely and entirely responsible for the payment and discharge of any additional federal, state, and local taxes, if any, that may, at any time, be found to be due upon or as a result of the payment for monitoring by AMC hereunder. Except as expressly provided for above, and in section 2.8 above, each Party shall bear its own attorneys’ fees, costs, and expenses incurred in relation to this Agreement and the Released Claims.

MONETARY TERMS OF SETTLEMENT. 5.1 Subject to the other terms and conditions of this Agreement, and subject to Court approval, Walmart agrees to pay the Gross Settlement Amount of Fourteen Million Dollars ($14,000,000). No portion of the Gross Settlement Amount shall revert to Walmart. 5.2 All payments to Settlement Class Members, all Attorneys’ Fees and Litigation Expenses awarded by the Court to Class Counsel, and all Notice and Settlement Administration Costs shall be paid from the Gross Settlement Amount. Other than the costs incurred by Walmart to prepare and send the CAFA Notice, and amounts required for the Employers’ Share of Taxes in accordance with Section 5.3.3, the Gross Settlement Amount shall be the maximum amount of money that Walmart shall pay under this Settlement.

MONETARY TERMS OF SETTLEMENT. 5.1 Subject to the other terms and conditions of this Agreement and subject to Court approval, Walmart agrees to pay the Class Settlement Amount of $35,000,000. Other than with respect to CAFA notice as provided in Section 7 of this Agreement, this Class Settlement Amount is the maximum amount payable by Walmart under this Settlement and is inclusive of (i) Attorneys’ Fees and Litigation Expenses awarded by the Court; (ii) Settlement Class Representative Payment approved by the Court; (iii) Notice and Administration Costs approved by the Court; (iv) the PAGA Payment Amount approved by the Court; (v) all payments to Settlement Class Members; and (vi) any other fees or expenses incurred in executing the terms of this Agreement as approved by the Court. Under no circumstances shall the amount to be paid by Walmart exceed the Class Settlement Amount. 5.2 The Class Settlement Amount shall be allocated as follows: 5.2.1 Attorneys’ Fees and Litigation Expenses: Settlement Class Counsel will be entitled to request that, subject to Court approval, Settlement Class Counsel be awarded reasonable Attorneys’ Fees and Litigation Expenses to be paid from the Class Settlement Amount. Walmart takes no position on the amounts to be sought by Settlement Class Counsel for an award of Attorneys’ Fees and Litigation Expenses, but does not object to a reasonable award for Attorneys’ Fees and Litigation Expenses by the Court consistent with this Agreement. This Settlement is not contingent on the award of Attorneys’ Fees and Litigation Expenses, and in the event that the Court does not approve the Attorneys’ Fees and Litigation Expenses in the amount requested by Settlement Class Counsel, or in the event that the Court awards Attorneys’ Fees and Litigation Expenses in an amount that is less than the amount requested by Settlement Class Counsel, any amounts not approved shall become part of the Net Settlement Amount for distribution to Settlement Class Members. Nothing in this Section or Agreement limits the rights of Settlement Class Counsel to appeal any decision by the Court regarding Attorneys’ Fees and Litigation Expenses.

MONETARY TERMS OF SETTLEMENT a. In order to settle the Action, and as consideration for the release of claims set forth in this Agreement and dismissal of the Action, NCG will pay a Gross Settlement Amount of $685,000.00, plus employer share of taxes on the wage portion of the settlement, which shall be used to provide for: (i) Settlement Payments to the Settlement Class Members as described in this Agreement and the Joint Stipulation, (ii) Plaintiffs’ Attorneys’ Fees, Costs, and Expenses, (iii) Service Payments as described herein, and (iv) Settlement Administration costs.