Payment and Funding Considerations
Payment and Funding Considerations Sample Clauses
Related to Payment and Funding Considerations
Additional Considerations For each mediation or arbitration: (i) Any mediation or arbitration will be held in New York, New York, at the offices of the mediator or arbitrator or at another location selected by CNHICA or the Seller. Any party or witness may participate by teleconference or video conference. (ii) CNHICA, the Seller and the Requesting Party will have the right to seek provisional relief from a competent court of law, including a temporary restraining order, preliminary injunction or attachment order, if such relief is available by law. (iii) Neither the Servicer, CNHICA nor the Seller will be required to produce personally identifiable customer information for purposes of any mediation or arbitration. The existence and details of any unresolved Repurchase Request, any informal meetings, mediations or arbitration proceedings, the nature and amount of any relief sought or granted, any offers or statements made and any discovery taken in the proceeding will be confidential, privileged and inadmissible for any purpose in any other mediation, arbitration, litigation or other proceeding. The parties will keep this information confidential and will not disclose or discuss it with any third party (other than a party’s attorneys, experts, accountants and other advisors, as reasonably required in connection with the mediation or arbitration proceeding under this Section 3.3), except as required by law, regulatory requirement or court order. If a party to a mediation or arbitration proceeding receives a subpoena or other request for information of the other party to the mediation or arbitration proceeding, the recipient will promptly notify the other party and will provide the other party with the opportunity to object to the production of its confidential information.
Settlement Consideration 19. As a settlement and compromise of this Lawsuit in exchange for the terms described herein, and without admitting the merits of any claim or defense, the Parties have agreed to a settlement of this matter under which Defendant will fund a settlement amount of $2,500,000 (the “Gross Settlement Amount”). The Gross Settlement Amount shall be allocated as follows: a. $750,000 (“Class Fund”) will be allocated to resolve claims in this lawsuit with all Putative Class Members who do not opt out of the Washington Settlement Class, who will be entitled to a pro rata portion of the Class Fund based on each Putative Class Members’ proportionate share of alleged damages for hours each Putative Class Member worked in Washington state. A Putative Class Member’s proportionate share for the Class Fund shall be determined by Plaintiffs’ Counsel, who will calculate alleged damages using the hours and payroll data produced by Defendant, which provide the actual hours worked, location of the hours worked, per diem payments, and rates of pay for each Putative Class Member during the Covered Weeks. Any amount of the Class Fund that is remaining based on Putative Class Members who do not cash checks or for any other reason within 90 days of the date checks are mailed will be paid to the Legal Foundation of Washington, except that, should the Residual Funds after the initial distribution be greater than $50,000, at the sole discretion of Class Counsel, a second distribution of the funds may be made to those Settlement Class Members who cashed their Settlement Award Check(s) received in the initial distribution. Any checks mailed out as part of the second distribution that have not been negotiated within one hundred eighty (180) days after second distribution of the Settlement. Award checks shall be considered Residual Funds and paid to the Legal Foundation of Washington who do not opt out of the settlement. There will be reversion of these funds to Defendant b. Up to $1,000,000 will be allocated to resolve claims in this lawsuit with all Opt-in Plaintiffs who submit valid Claim Forms (“FLSA Claims Made Fund”) for work performed during the Covered Weeks. Putative Collective Members and Opt-in Plaintiffs who submit a valid Claim Form will be entitled to an award equivalent to their proportionate share of the FLSA Claims Made Fund based on Plaintiffs’ Counsel’s calculations of alleged individual damages using the hours and payroll data produced by Defendant for all Putative Collective Members, which provide the actual hours worked, location of the hours worked, per diem payments, and rates of pay for each Putative Collective Member during the Covered Weeks. The portion of the $1,000,000 FLSA Claims Made Fund that Defendant will actually pay will be proportionally limited based on the pro rata awards allocated to all Opt-in Plaintiffs who submit a valid Claim Form. Any amount of the FLSA Claims Made Fund allocated for awards to Putative Collective Members who are not Opt-in Plaintiffs shall revert back to Defendant (the “Reversion”). Award checks Payable to Opt-In Plaintiffs that are not cashed within 180 days shall be considered Residual Funds and paid to the Legal Foundation of Washington. c. $750,000 will be allocated to Plaintiffs’ counsel’s attorneys’ fees, costs, and enhancements for Plaintiffs Xxxxxxxx, Xxxx, Merity, and Vaughan (the “Named Plaintiffs”) (the “Attorney Fee and Enhancements Fund”).
General Considerations a. All reports, drawings, designs, specifications, notebooks, computations, details, and calculation documents prepared by Vendor and presented to the Board pursuant to this Agreement are and remain the property of the Board as instruments of service. b. All analyses, data, documents, models, modeling, reports and tests performed or utilized by Vendor shall be made available to the Board upon request and shall be considered public records. c. Vendor is required to: (i) keep and maintain public records required by Board; (ii) upon request from Board’ s custodian of public records, provide Board with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a reasonable or as otherwise provided by law; (iii) ensure that public records that are exempt or, confidential and exempt, from public records disclosure requirements are not disclosed except as authorized by law for the duration of this Agreement and following completion of this Agreement if Vendor does not transfer the records to Board; (iv) upon completion of this Agreement, transfer, at no cost, to Board all public records in possession of Vendor or keep and maintain public records required by Board. d. If Vendor transfers all public records to Board upon completion of this Agreement, Vendor shall destroy any duplicate public records that are exempt or, confidential and exempt, from public records disclosure requirements. If Vendor keeps and maintains public records upon completion of this Agreement, Vendor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to Board, upon request from Board’s custodian of public records, in a format that is compatible with the information technology systems of Board. e. Vendor shall keep all books, records, files, drawings, plans and other documentation, including all electronically stored items, which concern or relate to the services required hereunder (the “Records”), for a minimum of five (5) years from the date of expiration or suspension of this Agreement, or as otherwise required by any applicable law, whichever date is later. The Board shall have the right to order, inspect, and copy all the Records as often as it deems necessary during any such period-of-time. The right to audit, inspect, and copy Records shall include all of the records of sub-Vendors (if any). f. Vendor shall, at all times, comply with the Florida Public Records Law, the Florida Open Meeting Law and all other applicable laws, rules and regulations of the State of Florida. g. IF THE VENDOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE VENDORS’ DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT 000-000-0000, Sumter County Board of County Commissioners, 0000 Xxxxxx Xxxx, Wildwood, Florida 34785 or via email at Xxxxxxx@xxxxxxxxxxxxxx.xxx. h. Vendor shall, at all times, carry General Liability, and Worker’s Compensation Insurance pursuant to the insurance requirements in RFP 000-0-0000/JV, naming Board as both a certificate holder and an additional insured in each such policy. i. Upon Vendor’s written request, the Board will furnish, or cause to be furnished, such reports, studies, instruments, documents, and other information as Vendor and Board mutually deem necessary, and Vendor may rely upon same in performing the services required under this Agreement. j. Vendor is obligated by this agreement to comply with Section 20.055(5), Florida Statutes. k. Any entity or affiliate who has had its Certificate of Qualification suspended, revoked, denied or have further been determined by the Department to be a non-responsive contractor may not submit a bid.
