ADMINISTRATION OF THE SETTLEMENT 27. Any Settlement Class Member who fails timely to submit a valid Proof of Claim (substantially in the form of Exhibit 2 to Exhibit A) will not be entitled to receive any of the proceeds from the Net Settlement Fund, except as otherwise ordered by the Court, but will otherwise be bound by all of the terms of this Stipulation and the Settlement, including the terms of the Judgment or Alternative Judgment to be entered in the Action and all releases provided for herein, and will be barred from bringing any action against the Released Defendant Parties concerning the Released Claims.
EXCLUDING YOURSELF FROM THE SETTLEMENT If you are a Settlement Class Member and you want to keep any right you may have to sue or continue to sue the Defendant and Released Parties on your own based on the legal claims raised in this lawsuit or released by the Released Claims, then you must take steps to get out of the Settlement. This is called excluding yourself from – or “opting-out” of – the Settlement.
Certification of the Settlement Class For purposes of this Settlement only, the Parties stipulate to the certification of the Settlement Class, which is contingent upon the Court entering the Final Approval Order and Judgment of this Settlement and the occurrence of the Effective Date.
Objections to the Settlement 7.1 Any Settlement Class Member who wishes to object to the Settlement Agreement must submit a timely and valid written notice of his or her objection (“Objection”) by the Objection Deadline (as defined herein). Such notice shall: (i) state the objecting Settlement Class Member's full name, current address, telephone number, and email address (if any); (ii) contain the objecting Settlement Class Member's original signature; (iii) set forth information identifying the objector as a Settlement Class Member, including proof that the objector is within the Settlement Class (e.g., copy of the Notice or copy of original notice of the Data Security Incident); (iv) set forth a statement of all grounds for the objection, including any legal support for the objection that the objector believes applicable; (v) identify all counsel representing the objector; (vi) state whether the objector and/or his or her counsel will appear at the Final Approval Hearing, and; (vii) contain the signature of the objector's duly authorized attorney or other duly authorized representative (if any), along with documentation setting forth such representation.
IN THE SETTLEMENT 4. How do I know if I am part of the Settlement? If you received this notice, then Defendant’s records indicate that you are a Class Member who is entitled to receive a payment or credit to your account. YOUR OPTIONS
Dispute Settling Procedures (1) The principles of conciliation and direct negotiation shall be adopted for the purpose of prevention and settlement of any questions, disputes or difficulties that may arise in the operation of this Agreement.
Dispute Settlement 1. A Party may not initiate proceedings under the general dispute settlement provisions of this Agreement regarding a refusal to grant temporary entry under this Chapter unless: (a) the matter involves a pattern of practice; and (b) the business person has exhausted the available administrative remedies regarding the particular matter. 2. The remedies referred to in subparagraph 1(b) shall be deemed to be exhausted if a final determination in the matter has not been issued by the competent authority within one year of the institution of an administrative proceeding, and the failure to issue a determination is not attributable to delay caused by the business person.
Xxxxxxx’x Release of The Settling Entity This Settlement Agreement is a full, final and binding resolution between Xxxxxxx, as an individual (and not on behalf of the public yet furthers its health interest, unless it is judicially approved, in which case the release would be in furtherance of the public interest), and the Settling Entity, of any violation of Proposition 65 that was or could have been asserted by Xxxxxxx on behalf of himself, his past and current agents, representatives, attorneys, successors, and/or assignees, against the Settling Entity, Amazon and each of their past, current, and future direct and indirect parents, subsidiaries, affiliated entities under common ownership, predecessors, successors, directors, officers, managers, shareholders, members, employees, agents, assignees, and attorneys (releasees), based on their alleged or actual failure to warn about alleged exposures to lead contained in the Products that were sold and/or offered for sale in California by the Settling Entity through xxxxxx.xxx before the Effective Date, as alleged in the notice. In further consideration of the promises and agreements herein contained, Xxxxxxx as an individual and not on behalf of the public, on behalf of himself, his past and current agents, representatives, attorneys, successors, and/or assignees, hereby waives all of his rights to institute or participate in, directly or indirectly, any form of legal action and releases all claims that he may have, including, without limitation, all actions, and causes of action, in law or in equity, suits, liabilities, demands, obligations, damages, costs, fines, penalties, losses, or expenses including, but not exclusively, investigation fees, expert fees, and attorneys’ fees arising under Proposition 65 with respect to lead in the Products, sold and/or offered for sale by the Settling Entity, before the Effective Date, against the Settling Entity and the releasees. The Parties further understand and agree that this subsection 4.1 release shall not extend upstream to any entities that manufactured the Products or any component parts thereof, or any distributors, importers or suppliers who sold the Products to the Settling Entity. Nothing in this subsection affects Xxxxxxx’x right to commence or prosecute an action under Proposition 65 against a releasee that does not involve the Products that were sold and/or offered for sale in California by the Settling Entity.
What Does The Settlement Provide The Net Settlement Amount will be allocated to Class Members according to a Plan of Allocation to be approved by the Court. Class Members fall into two categories: Current Participants and Former Participants. Allocations to Current Participants who are entitled to a distribution under the Plan of Allocation will be made into their existing Plan accounts. Former Participants who are entitled to a distribution will receive their distribution as a check mailed to their last known address or, if they elect, as a rollover to a qualified retirement account. In addition to the monetary component of the Settlement, as discussed above, Defendant agreed that the Plan’s fiduciaries will conduct a RFP process for recordkeeping services to the Plan. Within the first year following final approval of the Settlement, Defendant has agreed to publish a communication to then current Plan participants explaining the risks and benefits of the Plan’s money market fund investment option. Defendant also will use an independent consultant familiar with fixed income investment options in such plans who will review the investment lineup and make recommendations to the Plan’s fiduciaries regarding whether to retain the money market fund and whether to add a stable value or comparable fund. In addition, during the three-year Settlement period, Defendant has agreed to provide Class Counsel a list of the Plan’s investment options and fees. In considering investment options for the Plan, Defendant has agreed that the Plan’s fiduciaries will consider: (1) the lowest-cost share class available for any mutual fund considered for inclusion in the Plan as well as other criteria applicable to different share classes; (2) the availability of revenue sharing rebates on any share class available for any mutual fund considered for inclusion in the Plan; and (3) the availability of collective trusts, to the extent such investments are permissible and are otherwise identical to a particular mutual fund considered for inclusion in the Plan All Class Members and anyone claiming through them will fully release the Plan as well as Defendant and its “Released Parties” from “Released Claims.” The Released Parties include (a) Defendant and its insurers,
Scope of the Service It is hereby understood that the Clave Debit Card service is just another way to allow Customers access to their checking or savings accounts and other services. Therefore, the use of the CLAVE Debit Card in Automated Teller Machines (ATMs) and Points of Sale, shall be limited to the account(s) that THE CUSTOMER has authorized to relate to this service, which is governed by these Conditions and Regulations, to the extent that they do not conflict with the rules contained in the checking and savings account regulations of THE BANK. • The Clave Debit Card (hereinafter referred to as the Card) allows the Customer to perform the following at Automated Teller Machines: cash withdrawal, purchase of prepaid minutes, payment to loans, payment to credit cards, payment to utilities, payment to affiliated private companies, transfer between accounts, consultation of accounts and donations; Also purchases at Points of Sale of nationwide affiliated businesses. • THE BANK shall debit or credit to the Related Account (s) the transaction(s) made by THE CUSTOMER by using his Card. At the time of using the Automated Teller Machine, it is the responsibility of the CUSTOMER to wait for the transaction to be completed. • Transactions performed with the Card after the closing of THE BANK on business days from Monday to Friday and transactions made at any time on Saturdays, Sundays or non-working days shall be recorded on the next banking business day. • To use the Automated Teller Machine and Point of Sale service, THE BANK shall provide the Customer with a Card and a secret code (hereinafter PIN). THE CUSTOMER, as soon as THE BANK delivers the Card, undertakes to keep it and not to disclose the PIN to another person(s), being therefore directly responsible to THE BANK for the improper use of said Card and for all the transactions that are performed with this Card in Automated Teller Machines and Points of Sale. • All transactions carried out at Automated Teller Machines and /or Points of Sale by using the Clave Card are understood as performed or authorized by the CUSTOMER. In the event of loss or theft, the CUSTOMER is obliged to give immediate notice to the Bank and shall be responsible for the use made of the same by a third party, with or without false signature, until the written notification to the Bank, and this one has acknowledged receipt in writing of said notification, which shall be made in a form provided by THE BANK. • In the event of forgetting the PIN, THE CUSTOMER may request a new one, at any THE BANK branches at the cost defined by the BANK, which may be modified by THE BANK from time to time without prior notice. • THE BANK shall establish the daily limits of the transactions that are performed through the local Automated Teller Machines (Clave System) and international (PLUS) and Point of Sale in local shops. These limits established by THE BANK are subject to the availability of funds in the account(s) related to the Card. • The Card is not transferable and it is owned by THE BANK and may be canceled or retained by THE BANK at any time and without prior notice. • If the Related Account(s) has more than one holder, THE BANK may issue a Main Card to each one of them. In such case, each of the Customers shall be jointly and severally liable to the Bank for any obligations arising from the use of the respective Card in connection with the Related Account(s), being understood that the reference to the "Customer" in this Regulation shall be understood as a reference to each of them. • THE CUSTOMER may under his responsibility and risk, request the Bank, who depending on the type of Card, may or may not issue additional cards up to a maximum of four (4) cards for each issued Main Card. These additional cards are subject to the Terms and Conditions contemplated in the present regulation. • THE BANK is empowered to set the costs of the Card and the right to use it at points of sale and at Automated Teller Machines, which may vary from time to time and without prior notice. THE BANK is authorized by THE CUSTOMER to debit any bank account held by the CUSTOMER in the BANK, all charges for membership, issuance, replacement, use, commissions, and insurance and for all transactions made with the Card. • THE BANK shall not be liable in any case for deficiencies due to the lack of electrical fluid or mechanical malfunction or force majeure of any of the Automated Teller Machines and Points of Sale. THE BANK shall not be responsible for the merchandise or service purchased by THE CUSTOMER, any discrepancy shall be treated directly between THE CUSTOMER and the business in which the transaction was performed. • THE CUSTOMER shall accept the physical and logical records left by the Automated Teller Machines TM and /or the Points of Sale when the transaction is made in such equipment. If for any reason the amount of money received in Automated Teller Machines differs from the amount recorded on the receipt, THE BANK may charge the bank account(s) of THE CUSTOMER for the difference between the two figures. • When a Customer desires to make a claim to the Bank for any Automated Teller Machine and / or Point of Sale transactions that he deems to be incorrect, he shall submit the complaint in writing, within a maximum of 45 (forty-five) calendar days from the date of the claimed transaction; After this period the claim shall not be accepted by THE BANK. • In the event of payment to public services or other commitments, THE CUSTOMER is fully responsible for the payments (amount to be paid, date on which the payments are performed). THE CUSTOMER agrees to make payments to public services or other commitments at least three (3) or four (4) business days in advance of the expiration date indicated on the service invoices. Therefore, THE CUSTOMER waives any claims (including damages) present or future against THE BANK for any omission for failure to properly credit those payments to the respective creditors. • The holder(s) of Cards to the name of juridical persons (Commercial Debit Card) or additional subscribers of this document or simply using such Card, for that sole fact, are bound together with THE CUSTOMER Holder of the Related Bank Account, to respond for all obligations deriving from the use of such Card. • THE CUSTOMER shall be jointly and severally liable to the Bank for any overdraft resulting from the use of the Card and accepts as final, definitive and demandable the liquidation to be made by THE BANK in connection with the owed amount, and shall also undertake to pay to the Bank all of the charges (including interest and costs of judicial or extrajudicial collection) resulting from the overdraft. Likewise, THE CUSTOMER authorizes and empowers the Bank to compensate or apply the payment of the overdraft or the amount obtained in the excess of the balance of funds available in the respective account(s) related by transactions or commissions, in any account that THE CUSTOMER maintains with THE BANK, any funds that THE BANK has or could have in the future to the credit of THE CUSTOMER or that are otherwise in the possession of THE BANK by reason of deposits or in any other concept. • To all legal effects, including release of execution, THE CUSTOMER accepts as accurate the amounts appearing in the listing of Audit, books or other registers of THE BANK in connection with the use of the Card and that the certificate to be issued by THE BANK, in connection with the debit balance, as the case may be, shall provide executive merit, and the Customer shall present evidence to the contrary. Likewise, THE CUSTOMER declares that he / she waives the domicile and the proceedings of the executive lawsuit in the event that THE BANK has to appeal to the courts to enforce its rights. • The Criminal Code, in its Chapter VI (MONEY LAUNDERING) Articles 389 and 390 establishes as follows: • Article 389: Whoever receives, deposits, negotiates, converts or transfers goods, money, securities, property or other financial resources, aware that they come from activities related to drug trafficking, qualified fraud, illegal arms trafficking, human trafficking, abduction, extortion, embezzlement, corruption of public servants, acts of terrorism, theft or international traffic of vehicles, stipulated in Panamanian criminal law, in order to conceal or hide their unlawful origin or to help avoid legal consequences of such punishable acts, shall be punished with a penalty of prison from 5 to 12 years and 100 to 200 days-fines. Article 390: sanctioned with the same penalty referred to in the previous article shall be:
